Machine intelligence already helps medical staff with a number of tasks. Ethical decision-making, however, has not been handed over to computers. In this proof-of-concept study, we show how an algorithm based on Beauchamp and Childress’ prima-facie principles could be employed to advise on a range of moral dilemma situations that occur in medical institutions. We explain why we chose fuzzy cognitive maps to set up the advisory system and how we utilized machine learning to train it. We report on the (...) difficult task of operationalizing the principles of beneficence, non-maleficence and patient autonomy, and describe how we selected suitable input parameters that we extracted from a training dataset of clinical cases. The first performance results are promising, but an algorithmic approach to ethics also comes with several weaknesses and limitations. Should one really entrust the sensitive domain of clinical ethics to machine intelligence? (shrink)

Can machine intelligence do clinical ethics? And if so, would applying it to actual medical cases be desirable? In a recent target article (Meier et al. 2022), we described the piloting of our advisory algorithm METHAD. Here, we reply to commentaries published in response to our project. The commentaries fall into two broad categories: concrete criticism that concerns the development of METHAD; and the more general question as to whether one should employ decision-support systems of this kind—the debate we (...) set out to ignite with our target article. (shrink)

Although machine intelligence is increasingly employed in healthcare, the realm of decision-making in medical ethics remains largely unexplored from a technical perspective. We propose an approach based on fuzzy cognitive maps (FCMs), which builds on Beauchamp and Childress’ prima-facie principles. The FCM’s weights are optimized using a genetic algorithm to provide recommendations regarding the initiation, continuation, or withdrawal of medical treatment. The resulting model approximates the answers provided by our team of medical ethicists fairly well and offers a high degree (...) of interpretability. Possible applications of such a system include informal guidance on medical ethics dilemmas as well as educational purposes. (shrink)

Partant de l ' hypothèse que la part de plaisir et de douleur est décisive afin de choisir un mode de vie, l ' Athénien des Lois prouve qu ' il faut choisir la vie vertueuse, au motif qu ' elle comporte un excédent de plaisir. Un tel argument, qui au premier coup d ' oeil paraît hédoniste, tient compte de la nature mortelle de l ' homme. Si la plupart des hommes vivent sans tempérance, c ' est du fait (...) de leur ignorance et de leur incontinence. Il en résulte que le législateur doit faire la preuve des plaisirs de la vie vertueuse, au moyen d ' une argumentation rationnelle, ou du témoignage de celui qui connaît d ' expérience cette vie vertueuse, et les entraîner à se maîtriser eux - mêmes au moyen de mesures éducatives. Virtue and pleasure in Laws, V, 732 d 8 - 734 e 2 Starting from the fact that the balance of pleasure and pain compels us to choose our life, the Athenian Stranger proves that we have to adopt the virtuous life, since it contains a surplus of pleasure. At first glance, such an argumentation seems hedonistic. In reality, it is the « human » argumentation which has to complete the « divine » argumentation by taking into consideration the mortal nature of man. If most people live immoderately, it is either because of ignorance or of lack of self - control. Therefore it is the task of the lawgiver to show them the pleasure of the virtuous life by a rational proof or by a reference to the judgment of the connoisseur of this life or to train them to master themselves by means of education. (shrink)

v. 1. The Enlightenment, Kant -- v. 2. Kant's immediate critics, Early German romanticism -- v. 3. General characterization, Fichte, Schelling, Hegel -- v. 4. New horizons, The legacy of German idealism.

In his fifth eclogue Candidus the Neo-latin poet Baptista Mantuanus, known in the Renaissance as the “second Virgil”, deals with the poverty of writers and the stinginess of patrons. The dialogue between the sincere-minded poet Candidus, who is frustrated by his hopeless situation, and the rich Silvanus, who gives only empty promises of help, turns out, however, to be futile. As can be demonstrated by the quotations taken mainly from the Roman satirists, Mantuanus makes use of the classical texts as (...) far as they serve his purpose and explicitly displays a subtle view of his various sources. Quoting from classical literature he often compares Candidus, his alter ego, with the victims of Horace, Juvenal and Persius, and frequently transforms the positive aspect of the original into its contrary. This technique emphasizes the needy poet’s self-ironical attitude confirmed by his exaggerated complaints describing his calamity. That is why Candidus appears to be a self-pitying and self-centered character, while, on the other hand, Silvanus represents the specimen of a miser giving nothing but flimsy promises, with the result that the dialogue remains stagnant and ultimately ineffective. (shrink)

Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health infrastructure for reproductive (...) health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary situates Dobbs in the context of a long historical shift in public health that increasingly places burdens on individuals for their own reproductive health care, moving away from the possibility of a robust state public health infrastructure. (shrink)

We disagree with Juslin & Vll's (J&V's) thesis that music-evoked emotions are indistinguishable from other emotions in both their nature and underlying mechanisms and that music just induces some emotions more frequently than others. Empirical evidence suggests that frequency differences reflect the specific nature of music-evoked emotions: aesthetic and reactive rather than utilitarian and proactive. Additional mechanisms and determinants are suggested as predictors of emotions triggered by music.

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court's approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation (...) experts and public law scholars to elaborate on 'legisprudence under review', this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation. (shrink)

Der frühe Dialog (ca. 399 v. Chr.) gibt eine erste Einführung in die Anfangsgründe der "Ideenlehre" Platons; und zwar durch den Aufweis, daß moralische Urteile und alle Praxis erst daraus Geltung erlangen, daß sie auf wirkliches, allgemeinverbindliches Wissen gegründet sind.