Human dignity defines the foundation of mutual respect between persons in the law. In German constitutional law it defends a realm of individual freedom and inviolable protection against the interests of the collective. Dignity as a legal concept is not a good to be balanced or weighed against other goods, but a prohibition norm, not a reason but a constraint, thus guaranteeing a non-consequentialist and especially a non-utilitarian understanding of basic rights.

Definition of the problem. Voluntary active euthanasia is, in certain circumstances, morally permissible and should be permitted by law. Autonomous persons may have a fundamental interest in experiencing ”death in dignity” in accordance with their own preferences. This interest is protected by the concept of human dignity assumed by German law. Some prerequisites being met, the moral and legal autonomy right to determine the time and manner of one’s own death includes a right to secure active euthanasia from a willing (...) physician, and a physician’s acceding to the patient’s request be may morally the right thing to do. Arguments and conclusion: Most arguments against the justifiability of voluntary active euthanasia unveil their weakness when scrutinized. However, insofar as legalized voluntary active euthanasia would be subject to intolerable abuse, our policy options are dilemmatic, and the concept of human dignity as it has been taken for granted in German legal discourse, is questioned. There is no option other than seeking safety in legal procedures for every single case. (shrink)

Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic differentiation of (...) soft and hard paternalism by discussing the (legal) concept of autonomy and elaborates the moral and legal limits of autonomy-orientated paternalism. (shrink)

During the last two decades a broad and intensive discussion has taken place in the field of medical ethics. Especially in the English-speaking countries, “Biomedical Ethics” have developed as a part of secular, philosophical moral theory. Two ethical problems in organ transplantation – living organ donation and organ allocation – illustrate that this transition reflects both the complex ethical questions raised by rapid changes in the biological sciences and in health care, and the fact that traditional Hippocratic ethics have proven (...) to be inadequate in several respects. (shrink)

The notion of human dignity fulfils different normative functions, making demands on heterogeneous resources for justification. After a short summary of Kant’s concept of dignity and its meta-ethica/ content which defines “Kantianism”, we will deal with three problematic aspects of the Kantian concept of dignity and provide a sketch of its reception in the German Constitution. Then we will present an ascriptivistic concept as an alternative to the Kantian one and discuss its limitations.

Medical law and Biopolitics shed specific light on the relationship of subject and power/violence in legal contexts. For our species, medicine is an essential endeavour vis-à-vis nature which is „red in tooth and claw“. Medicine, however, is driven by autopoietic systemic imperatives and marked by relations of domination. Guaranteeing robust individual rights and legal powers is a remedy against both.

Dealing with the reform of the Transplantation Law, the first issue of the new rubric “Philosophie aktuell” met with strong and lively interest from our readers. Subsequent to this discussion a growing number of reports were published dealing with violations of mandatory rules of conduct in transplantation medicine. Therefore the topic is revisited here from the slightly different vantage point “organ transplantation II: elucidation and confidence”.

ZusammenfassungDer Beitrag bringt Gründe für die These vor, dass aktive Sterbehilfe – die Tötung eines einwilligungsfähigen Patienten auf sein ausdrückliches, ernsthaftes und stabiles Verlangen hin – unter bestimmten Umständen moralisch erlaubt ist und rechtlich erlaubt sein sollte. Autonome Personen haben ein zentrales, von ihrem Anspruch auf Wahrung ihrer Menschenwürde geschütztes Interesse daran, „ihren” Tod sterben zu können. Aus diesem geschützten Interesse resultieren Dispositionsbefugnisse über das eigene Sterben, die auch das Recht beinhalten, sich hierzu der freiwillig geleisteten Hilfe Dritter zu bedienen. (...) Soweit das Argument eines möglichen Missbrauchs erlaubter aktiver Sterbehilfe ernst zu nehmen ist, stehen wir jedoch einer unausweichlich dilemmatischen Entscheidung gegenüber, die das bisherige Verständnis des Menschenwürdeprinzips des Grundgesetzes in Frage stellt. Dieser Konflikt kann, wenn überhaupt, nur durch rechtlich institutionalisierte Verfahren zur Prüfung jedes Einzelfalles gelöst werden. (shrink)

Service-Robotic—mainly defined as “non-industrial robotics”—is identified as the next economical success story to be expected after robots have been ubiquitously implemented into industrial production lines. Under the heading of service-robotic, we found a widespread area of applications reaching from robotics in agriculture and in the public transportation system to service robots applied in private homes. We propose for our interdisciplinary perspective of technology assessment to take the human user/worker as common focus. In some cases, the user/worker is the effective subject (...) acting by means of and in cooperation with a service robot; in other cases, the user/worker might become a pure object of the respective robotic system, for example, as a patient in a hospital. In this paper, we present a comprehensive interdisciplinary framework, which allows us to scrutinize some of the most relevant applications of service robotics; we propose to combine technical, economical, legal, philosophical/ethical, and psychological perspectives in order to design a thorough and comprehensive expert-based technology assessment. This allows us to understand the potentials as well as the limits and even the threats connected with the ongoing and the planned implementation of service robots into human lifeworld—particularly of those technical systems displaying increasing grades of autonomy. (shrink)

This book focuses on some of the most pressing methodological, ethical, and technique-philosophical questions that are connected with the concept of artificial autonomous systems. (Series: Hermeneutics and Anthropology / Hermeneutik und ...

This chapter contains sections titled: Multiple Educational Aims and Authorities Vouchers, Parental Choice, and Public Voice Curricular Controversies in a Multicultural Society Educating Cosmopolitans or Patriots? Affirmative Action, Academic Freedom, and Higher Education Democracy, Democratic Education, and Deliberation Acknowldgements.

When making decisions, humans can observe many kinds of information about others' activities, but their effects on performance are not well understood. We investigated social learning strategies using a simple problem-solving task in which participants search a complex space, and each can view and imitate others' solutions. Results showed that participants combined multiple sources of information to guide learning, including payoffs of peers' solutions, popularity of solution elements among peers, similarity of peers' solutions to their own, and relative payoffs from (...) individual exploration. Furthermore, performance was positively associated with imitation rates at both the individual and group levels. When peers' payoffs were hidden, popularity and similarity biases reversed, participants searched more broadly and randomly, and both quality and equity of exploration suffered. We conclude that when peers' solutions can be effectively compared, imitation does not simply permit scrounging, but it can also facilitate propagation of good solutions for further cumulative exploration. (shrink)

The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, (...) class='Hi'>Gutmann and Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad.Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests. (shrink)

The authors offer ways to encourage and educate Americans to participate in the public deliberations that make democracy work and lay out the principles of..

INTRODUCTION Although the writings of Thomas Reid are very fertile and interesting, his life is biographically barren in comparison to such seventeenth - and ...

Abstraction and Ideation - The Semantics of chemical and biological fundamental concepts. The methods of abstraction and ideation are indispensable tools to introduce new concepts in a scientific terminology. The latter is paradigmatically introduced within the 'protophysical program' whereas abstraction is commonly applied in logics and mathematics. The application within the reconstruction of chemistry and biology causes several problems. Ideation appears to be inadequate whereas the application of abstraction necessitates a critical and minute examination of the corresponding equivalence relations. These (...) problems are solved by the introduction of the method of materially-synthetic (material-synthetische) abstraction which is exemplified by the introduction of the chemical concept of 'substance' (Stoff) and the biological concept of 'hereditary factor' (Erbanlage). (shrink)

I doubt that even one of her readers will agree with all of Gutmann's conclusions--but they will all have to take account of the wealth of empirical evidence and stringent reasoning in this book.

ion and Ideation - The Semantics of chemical and biological fundamental concepts. The methods of abstraction and ideation are indispensable tools to introduce new concepts in a scientific terminology. The latter is paradigmatically introduced within the 'protophysical program' whereas abstraction is commonly applied in logics and mathematics. The application within the reconstruction of chemistry and biology causes several problems. Ideation appears to be inadequate whereas the application of abstraction necessitates a critical and minute examination of the corresponding equivalence relations. These (...) problems are solved by the introduction of the method of materially-synthetic abstraction which is exemplified by the introduction of the chemical concept of 'substance' and the biological concept of 'hereditary factor'. (shrink)

The Biotheoretical Shortcomings of the Evolutionary Epistemology. The concept of evolutionary epistemology has been critically discussed by philosophers who have mainly pointed to unacceptable philosophical tenets (cf. Vittorio Hösle, this Journal, Vol. 19 (1988), pp. 348-377). However, as most philosophers are extremely reluctant to critically treat the biological theories on which the ideas of evolutionary epistemology are based, the invalid concepts of adaption escaped their critical scrutiny. Therefore the influence of preconceived biological theories on the biological basis of evolutionary epistemology (...) and the distorting consequences on the philosophical level could not be elaborated. The following context sketches a new view of organismic reasoning and its impact on evolutionary aspects of epistemology. The basic theorem of adaptation is shown to be unacceptable and invalid if organisms are conceived as autonomous entities which can only evolve according to their specific internal organismic properties. (shrink)

Summary The concept of evolutionary epistemology has been critically discussed by philosophers who have mainly pointed to unacceptable philosophical tenets (cf. Vittorio Hösle, this Journal, Vol. 19 (1988), pp. 348–377). However, as most philosophers are extremely reluctant to critically treat the biological theories on which the ideas of evolutionary epistemology are based, the invalid concepts of adaption escaped their critical scrutiny. Therefore the influence of preconceived biological theories on the biological basis of evolutionary epistemology and the distorting consequences on the (...) philosophical level could not be elaborated. The following context sketches a new view of organismic reasoning and its impact on evolutionary aspects of epistemology. The basic theorem of adaptation is shown to be unacceptable and invalid if organisms are conceived as autonomous entities which can only evolve according to their specific internal organismic properties. (shrink)

THE NATURE OF ART is a collection of 29 seminal, historically-organized readings that are focused on a basic philosophical question: What is Art? Including writings from the Western tradition'both Continental and Analytic traditions'as well as non-Western, minority, and feminist writings, this volume provides students with a rich set of resources to explore this matter both broadly and deeply. Introductions to each reading situate the selection amidst each respective thinker's body of work and the greater philosophical context in which the remarks (...) arose. Reading questions accompany each selection, drawing students' attention to key points to be encountered. Hailed by reviewers and adopters for its clarity and rigor, Wartenberg's THE NATURE OF ART offers a lively and engaging introduction to the philosophy of art. (shrink)

The newly updated Right and Wrong 2nd Edition is an accessible introduction to the major traditions in western philosophical ethics, written in a lively and engaging style. It is designed for entry-level ethics courses and includes real-life ethical scenarios chosen to appeal directly to students. Greatly expanded and improved, this successful text introduces students to the major ethical traditions, and provides a simple methodology for resolving ethical dilemmas Treats teleological and deontological approaches to ethics as the two most important traditions, (...) but now includes chapters on virtue ethics and the ethics of care The very accessible writing style speaks directly to students’ own experience Draws examples from three types of real-life ethical scenarios submitted by students: academic dishonesty, partying, and personal relationships Provides a concise treatment of this notoriously complex subject, perfect for entry-level ethics and applied ethics courses. (shrink)

This chapter contains section titled: Personhood: A Start Are Dolphins Persons? Language and the Hand Personhood Redefined Conclusion: What Kind of Beings Are Dolphins?

David Ekdahl (2023), in a constructive and thoughtful commentary, outlines both points of agreement with and suggestions for further research arising from our paper ‘Crossing the Fictional Line: Moral Graveness, the Gamer’s Dilemma, and the Paradox of Fictionally Going Too Far’ (Montefiore & Formosa, 2023).

According to a widely held view, a Kantian intuition functions like a singular term. I argue that this view is false. Its apparent plausibility, both textual and philosophical, rests on attributing to Kant a Fregean conception of judgment. I show that Kant does not hold a Fregean conception of judgment and argue that, as a consequence, intuition cannot be understood on analogy with singular terms.

A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jürgen Habermas's extensive essay on the issues of recognition and (...) the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism.Praise for the previous edition. (shrink)