The Supreme Court decision in Cruzan reaffirmed the power of the states to set procedural standards for due process regarding the individual's exercise of his liberty interest. As a result, to effect an autonomous decision to refuse treatment when one becomes incompetent requires an affirmative articulation by means of an advance directive. This article argues against simplified advance directives in that they fail to enhance individual liberty and responsibility and fail to provide physicians with needed information. A model protective advance (...) directive is advocated with direction to terminate personal and health insurance payments for health care that is not desired by the patient. Keywords: advanced directive, affirmative articulation, Cruzan, fiduciary trust CiteULike Connotea Del.icio.us What's this? (shrink)

Resource finitude, cost containment, and a purchaser monopsony market have created public concern-about the moral and legal responsibility for quality assurance in health plans. Resource allocation and standards of care represent a clash of moral values in intensive care treatment. This essay advances a procedural model, based on legislation passed in Oregon, that could govern the incorporation of private sector health insurance plans in Oregon to assure democratic input from consumers, providers, and employers into a limited vision of individual entitlement (...) to consume futile or inappropriate care in intensive care units. The model, which I call the Oregonian ICU, presumes that rationing of care is implicit and not publicly disclosed under managed care. It focuses on maximizing the quality of limited benefits available in the basic managed care insurance tier. Limitations to futile and inappropriate care are developed on the basis of morally weighted prognostic scoring systems that inform the creation of negotiated private sector contracts. (shrink)

Resource finitude, cost containment, and a purchaser monopsony market have created public concern-about the moral and legal responsibility for quality assurance in health plans. Resource allocation and standards of care represent a clash of moral values in intensive care treatment. This essay advances a procedural model, based on legislation passed in Oregon, that could govern the incorporation of private sector health insurance plans in Oregon to assure democratic input from consumers, providers, and employers into a limited vision of individual entitlement (...) to consume futile or inappropriate care in intensive care units. The model, which I call the Oregonian ICU, presumes that rationing of care is implicit and not publicly disclosed under managed care. It focuses on maximizing the quality of limited benefits available in the basic managed care insurance tier. Limitations to futile and inappropriate care are developed on the basis of morally weighted prognostic scoring systems that inform the creation of negotiated private sector contracts. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes (...) a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes (...) a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

The paper examines both the phenomenology of the manic self as well as critical aspects of manic neurobiology, focusing, with respect to both domains, on manic temporality. We argue that the distortions of lived time in mania exceed mere acceleration and are fundamental for manic affectivity. Mania involves radical acceleration and radical asynchronicity, which result in an instantaneous existence. People with mania rebel against the facticity of reality and suffer from an existential leap towards the future, in which the self (...) abandons normal temporal boundaries. Excerpts from the interviews with persons with mania who experienced psychosis illustrate this phenomenon. Commenting upon disrupted circadian rhythms in mania and the role of lithium in its treatment the paper posits manic temporality as the link through which manic phenomenology and manic neurobiology intertwine. (shrink)

Spinoza's Theological-Political Treatise was published anonymously in 1670 and immediately provoked huge debate. Its main goal was to claim that the freedom of philosophizing can be allowed in a free republic and that it cannot be abolished without also destroying the peace and piety of that republic. Spinoza criticizes the traditional claims of revelation and offers a social contract theory in which he praises democracy as the most natural form of government. This Critical Guide presents essays by well-known scholars in (...) the field and covers a broad range of topics, including the political theory and the metaphysics of the work, religious toleration, the reception of the text by other early modern philosophers and the relation of the text to Jewish thought. It offers valuable perspectives on this important and influential work. (shrink)

The extended process model of emotion regulation posits that dynamic ER processes monitor and adjust the implementation of ER strategies over time. When an initial ER strategy is ineffective,...

The “erasing race” effect is the reduction of the salience of “race” as an alliance cue when recalling coalition membership, once more accurate information about coalition structure is presented. We conducted a random-effects model meta-analysis of this effect using five United States studies (containing nine independent effect sizes). The effect was found (ρ = 0.137, K = 9, 95% CI = 0.085 to 0.188). However, no decline effect or moderation effects were found (a “decline effect” in this context would be (...) a decrease in the effect size over time). Furthermore, we found little evidence of publication bias. Synthetically correcting the effect size for bias stemming from the use of an older method for calculating error base rates reduced the magnitude of the effect, but the it remained significant. Taken together, these findings indicate that the “erasing race” effect generalizes quite well across experimental contexts and would, therefore, appear to be quite robust. We reinterpret the theoretical basis for these effects in line with Brunswikian evolutionary-developmental theory and present a series of predictions to guide future research in this area. (shrink)

Michael Peters, Sonja Arndt & Marek TesarThis is a collective writing experiment of PESA members, including its Executive Committee, asking questions of the Philosophy of Education in a New Key. Co...

Viral modernity is a concept based upon the nature of viruses, the ancient and critical role they play in evolution and culture, and the basic application to understanding the role of information and forms of bioinformation in the social world. The concept draws a close association between viral biology on the one hand, and information science on the other – it is an illustration and prime example of bioinformationalism that brings together two of the most powerful forces that now drive (...) cultural evolution. The concept of viral modernity applies to viral technologies, codes and ecosystems in information, publishing, education and emerging knowledge systems. This paper traces the relationship between epidemics, quarantine, and public health management and outlines elements of viral-digital philosophy based on the fusion of living and technological systems. We discuss Covid-19 as a ‘bioinformationalist’ response that represents historically unprecedented level of sharing information from the sequencing of the genome to testing for a vaccination. Finally, we look at the US response to Covid-19 through the lens of infodemics and post-truth. The paper is followed by three open reviews, which further refine its conclusions as they relate to philosophy and the notion of the virus as Pharmakon. (shrink)

Studies have consistently shown that LGBTQ individuals are at increased risk for several mental and physical health challenges including suicidality. The relationship between religion and LGBTQ well-being in general and LGBTQ suicidality specifically has increasingly been the subject of scholarly investigation. This systematic review examines all peer-reviewed articles included in the EBSCO PsycInfo database since 2000 that examined the relationship between religiosity and LGBTQ suicide (50 studies in all). These studies reveal a complex relationship that is nuanced and, at times, (...) contradictory. Overall, 65% identified at least one religiosity-related predictor as a risk factor for LGBTQ suicidality, 41% identified at least one religiosity-related predictor as a protective factor against suicidality, while 53% found no associations between religiosity-related predictors and suicide risk. However, when specifically examining religious affiliation/denomination, salience, or beliefs and behaviors, typically, religiosity was either protective or unassociated with LGBTQ suicidality. This held particularly true for studies that had population-based samples, employed control variables and included comparison groups, thus enhancing their generalizability. The one religiosity-related predictor that was almost universally identified as a risk factor was when an individual felt conflicted between their religious and sexual-gender identities. (shrink)

While the rise of a ‘dictatorship of relativism’ was a longstanding concern for Joseph Ratzinger/Pope Benedict XVI, some commentators have suggested that—for better or for worse—the challenge posed by relativism appears to be less of a priority for Pope Francis. Indeed, Francis's remark, ‘Who am I to judge?’ appears to have become as much the defining soundbite for his papacy as the ‘dictatorship of relativism’ was for Benedict's. Contrary to these perceptions, this article argues that a critique of relativism is (...) in fact a central aspect of Pope Francis's magisterium. Francis exhibits continuity with Benedict by amplifying his concerns about the danger of attempting to reconstruct reality according to human desire, but Francis also develops his predecessor's teaching by introducing the category of ‘practical relativism’. With this development, relativism cannot be dismissed as a theoretical problem that only plagues those who refuse to assent to the truth intellectually. The willingness to set aside the truth to which one assents when it proves inconvenient represents a more pernicious—precisely because more subtle—form of relativism that Francis argues must be rooted out, not by argument, but through self‐examination and the practice of solidarity. (shrink)

Infantologies is a collective writing project designed to express and summarise important ideas, approaches and forms of advocacy in a short and condensed method, in order to present a network of d...

Educational philosophies of self-cultivation as the foundation and cultural ethos for education have a strong and historically effective tradition stretching back to antiquity in the classical ‘cra...

In Science of the Soul in Ibn Sina's Pointers and Reminders, Michael A. Rapoport provides a philological and interpretive guide for critically reading and interpreting Ibn Sina's (Avicenna, d. 1037) most challenging and influential text. Rapoport argues that chapters VII-X of the Pointers present scientific explanations for phenomena related to the human soul - from intellection to divination, magic, and marvels - within the framework of Ibn Sina's Metaphysics of the Rational Soul. This book dispels widespread notions that the (...) Pointers represents Ibn Sina's mystical or Sufi philosophy and therefore stands apart from the rest of his corpus. (shrink)

The model of world order has changed dramatically in the postwar era from the bipolarity between the US and Soviet Russia that characterized the Cold War, to a period of unipolarity after the fall...

Marx developed a sophisticated theory of labour under capitalism’s expanding reproduction but wrote little specifically on immaterial labour. This paper reflects on how to build from Marx’s writings a more comprehensive theory of immaterial labour. Integral to this theorisation is bringing in young Marx’s writings on alienation and human nature, and praxis read as the ‘point of knowledge is to change the world’. Integrating the young and mature work into a single perspective that highlights the actively causal dimension of human (...) creativity and knowledge for the making of history critically adds to and thereby transforms the naturalism and structural determinism of orthodox readings of Marx’s Marxism. We relate this theorisation specifically to the project of liberating academic labour from the shackles of its neoliberal containment by making ‘knowledge socialism’. (shrink)

The next pandemic will erupt, not from the jungle, but from the disease factories of hospitals, refugee camps and cities. Wendy Orent, How Plagues Really Work,.

This article is concerned with developing a philosophical approach to a number of significant changes to academic publishing, and specifically the global journal knowledge system wrought by a range of new digital technologies that herald the third age of the journal as an electronic, interactive and mixed-media form of scientific communication. The paper emerges from an Editors' Collective, a small New Zealand-based organisation comprised of editors and reviewers of academic journals mostly in the fields of education and philosophy. The paper (...) is the result of a collective writing process. (shrink)

Liberales Denken wurde in der modernen japanischen Geschichte häufig als randständige Tradition betrachtet, obwohl Japan, von Zeit zu Zeit, eine Vorreiterrolle in der Geschichte des asiatischen Liberalismus innehatte. Einzelne Verfechter liberaler Ideen hatten feste persönliche Überzeugungen und gewannen mit ihren Ansichten ein beachtliches Maß öffentlicher Aufmerksamkeit. Jedoch wurden diese Verfechter als Personen betrachtet, die auf die vorherrschende, politische Führung Druck ausübten.

This article discusses the pros and cons of the creation of a separate Ukrainian standard of the Russian language. Owing to the centralist and elitist history of the Russian standard language, the high variant of Russian that is used in Ukraine does not significantly differ from that of Russia, if at all. Low varieties, by contrast, are quite heterogeneous. The standardization of “Ukrainian Russian” would thus be very problematic at all stages: the selection of norms and their codification, the implementation (...) and elaboration of the new norms. All these steps would not only require considerable funding; in the long run, it would also undermine the status of Ukrainian as Ukraine’s sole state language. (shrink)

Michael A. Peters Beijing Normal UniversityDeclinism is back in fashion again. It is now a common and persistent source of historical reflection that has been a constant theme since the first Chris...

Rarely in economics does the field see such unambiguous causation as in the case of the Covid-19 shut down of the global economy. Pretty well every economist would agree to this proposition and whi...

First-ever comprehensive introduction to the major new subject of quantum computing and quantum information.

The implementation of the thoracoabdominal normothermic regional perfusion in organ donation after circulatory determination of death (TANRP-DCDD) protocol is garnering increasing attention and pre...

Management theory and practice are facing unprecedented challenges. The lack of sustainability, the increasing inequity, and the continuous decline in societal trust pose a threat to ‘business as usual’. Capitalism is at a crossroad and scholars, practitioners, and policy makers are called to rethink business strategy in light of major external changes. In the following, we review an alternative view of human beings that is based on a renewed Darwinian theory developed by Lawrence and Nohria. We label this alternative view (...) ‘humanistic’ and draw distinctions to current ‘economistic’ conceptions. We then develop the consequences that this humanistic view has for business organizations, examining business strategy, governance structures, leadership forms, and organizational culture. Afterward, we outline the influences of humanism on management in the past and the present, and suggest options for humanism to shape the future of management. In this manner, we will contribute to the discussion of alternative management paradigms that help solve the current crises. (shrink)

My essay, “Multi-modal argumentation” was published in the journal, _Philosophy of the Social Sciences,_ in 1994. This information appeared again in my book, _Coalescent argumentation_ in 1997. In the ensuing twenty years, there have been many changes in argumentation theory, and I would like to take this opportunity to examine my now middle-aged theory in light of the developments in our discipline. I will begin by relating how a once keen intended lawyer and then formal logician ended up in argumentation (...) theory. (If you do not care to read this bit of autobiography, skip to Section 2). (shrink)