This article critically examines the legal arguments presented on behalf of Charlie Gard’s parents, Connie Yates and Chris Gard, based on a threshold test of significant harm for intervention into the decisions made jointly by holders of parental responsibility. It argues that the legal basis of the argument, from the case of Ashya King, was tenuous. It sought to introduce different categories of cases concerning children’s medical treatment when, despite the inevitable factual distinctions between individual cases, the duty of the (...) judge in all cases to determine the best interests of the child is firmly established by the case law. It argues that the focus should not have been on a threshold for intervention but on whether his parents had established that the therapy they wanted was a viable alternative therapeutic option. In the April hearing, Charlie’s parents relied on the offer of treatment from a US doctor; by July they had an independent panel of international experts supporting their case although by this time the medical evidence was that it was too late for Charlie. One of Charlie’s legacies for future disputes may be that his case highlighted the need for evidence as to whether the treatment parents want for their child is a viable alternative therapeutic option before a court can determine which therapeutic option is in the best interests of the child. (shrink)

This article considers proposals to reform the law in response to recent high profile cases concerning the medical treatment of children, currently before Parliament in the Access to Palliative Care and Treatment of Children Bill 2019–21. It considers the proposed procedural change, to introduce a requirement for mediation before court proceedings, and argues that dispute resolution processes should be a matter of good practice rather than enshrined in law. It argues that the proposed substantive change to determination of best interests (...) would not result in different outcomes because the best interests analysis co-exist with the legal and professional duties of doctors to children in their care. It argues that if there is to be reform of the law it needs to follow from a comprehensive review of all the issues in which the minimum standards imposed by law fit together with good practice standards and not in response to individual cases. (shrink)

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could (...) only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare. (shrink)

This edited volume examines the role of personal epistemology in teaching across early childhood, primary, secondary and tertiary contexts, and the implications for teacher education, incorporating the most up-to-date research and ...

Twaalf studies over ethische en wijsgerige vraagstukken van de hoogleraar aan de Katholieke Hogeschool Tilburg (1919-1981).

本書は昌益の思想方面を集中的に、しかもその全分野を対象にして、その特徴と内在論理性を明らかにするべく、しかも整理された認識として示すことを目標として纏められた。.

This study was conducted to determine how culture influences the ethical perception of managers. Most studies conducted so far have only stated similarities and differences in ethical perception between cultural or ethnic groups and little attention has been paid towards understanding how cultural values influence the ethnic groups' ethical perception. Moreover, most empirical research in this area has focused on moral judgement, moral decision making and action, with limited empirical work in the area of ethical perception. A total of 22 (...) interviews were conducted and the questionnaire survey yielded 272 managerial responses. Three implications were obtained based on the findings of the study. The first implication is that differences in ethical perception can exist when one culture attributes moral significance to something that another culture does not. The results of the study also suggest that similarities in ethical perception can occur when a situation is viewed as an accepted and institutionalised part of doing business. Finally, the findings of the study also show that the influence of culture on ethical perception varied according to the different types of scenarios. (shrink)

: We provide empirical examples to conceptually clarify some items on Firestone & Scholl’s (F&S’s) checklist, and to explain perceptual effects from an attentional and memory perspective. We also note that action and embodied cognition studies seem to be most susceptible to misattributing attentional and memory effects as perceptual, and identify four characteristics unique to action studies and possibly responsible for misattributions.

The target article by Locke & Bogin (L&B) focuses on the evolution of language as a communicative tool. They neglect, however, that from infancy onwards humans have the ability to go beyond successful behaviour and to reflect upon language (and other domains of knowledge) as a problem space in its own right. This ability is not found in other species and may well be what makes humans unique.

We identify two aspects of the problem of maintaining perceptual stability despite an observer's eye movements. The first, visual direction constancy, is the (egocentric) stability of apparent positions of objects in the visual world relative to the perceiver. The second, visual position constancy, is the (exocentric) stability of positions of objects relative to each other. We analyze the constancy of visual direction despite saccadic eye movements.Three information sources have been proposed to enable the visual system to achieve stability: the structure (...) of the visual field, proprioceptive inflow, and a copy of neural efference or outflow to the extraocular muscles. None of these sources by itself provides adequate information to achieve visual direction constancy; present evidence indicates that all three are used.Our final question concerns how information processing operations result in a stable world. The three traditionally suggested means have been elimination, translation, or evaluation. All are rejected. From a review of the physiological and psychological evidence we conclude that no subtraction, compensation, or evaluation need take place. The problem for which these solutions were developed turns out to be a false one. We propose a “calibration” solution: correct spatiotopic positions are calculated anew for each fixation. Inflow, outflow, and retinal sources are used in this calculation: saccadic suppression of displacement bridges the errors between these sources and the actual extent of movement. (shrink)

English summary: Until well into the 18th century, the concept of the soul played a major role in the scientific, religious, aesthetic and metaphysical discussion of humanity representing the highest level of existence. In modernity, this concept of the soul has lost its significance. It seems to have been replaced by terms such as subjectivity, personality and individuality. At the same time a symbolic added value which deifies clear description appears to have attached itself to the definition of the soul. (...) These developments and their interpretation are examined by the contributions in this collection. The volume includes contributions from Roderich Barth, Ulrich Barth, Jurgen Brunner, Brigitte Boothe, Jorg Dierken, Dirk Evers, Ferdinand Fellmann, Daniel Fulda, Johannes Hubner, Marco Ivaldo, Malte Dominik Kruger, Martin Kurthen, Rudolf Lang Thaler, Wolfgang Mack, Notger Slenzcka, Florian Steger and Anne Steinmeier. German description: Der Begriff der Seele hatte bis ins 18. Jahrhundert hinein eine prominente Stellung in naturwissenschaftlichen, religiosen, asthetischen und metaphysischen Erorterungen des Menschlichen als hochster Stufe des Lebendigen. Diese Stellung hat der Seelenbegriff in der Moderne eingebusst. Er scheint von Begriffen wie Subjektivitat, Personalitat und Individualitat abgelost worden zu sein. Gleichwohl scheint der Bezeichnung der Seele ein symbolischer Mehrwert anzuhaften, der sich allerdings einer klaren Fassung entzieht. Diesen Entwicklungen und ihren Deutungen gehen die Beitrage des Sammelbandes nach. Eine Leitfrage ist dabei: Steht die Rede von der Seele fur die prareflexive Selbstgegebenheit der Subjektivitat, wie sie sich vorrangig in der Leiberfahrung und (allenfalls?) nachrangig in der Wissenschaftsreflexion ausdruckt? (shrink)

Analyses Balthasar's idea of human freedom as a participation to Divine Freedom.

In the scholium to proposition 49 of Part 2 of the Ethics, Spinoza addresses a number of prejudices that tend to obscure the essentially judgmental nature of ideas. One warning is issued against those who do not distinguish accurately between ideas and images, and, for this exact reason, fail to see that every idea, insofar as it is an idea, always involves an affirmation that something is the case. This paper shows that in order to properly understand Spinoza's remarks in (...) this passage, we must redirect attention to Descartes’ Meditations on First Philosophy, and more particularly to the objections raised against them by Hobbes. Specifically, I argue for the identification of Hobbes and other likeminded “imagists” as Spinoza's main targets, and not, as is often assumed, Descartes himself or Cartesians in general. My identification not only resolves interpretative confusion surrounding this passage, but it also confirms Spinoza's commitment to a key rationalist assumption: the existence of a mind that can grasp or exhibit natures by clear and distinct perceptions. While both adequate and inadequate ideas are necessitated beliefs or judgments in which we assent to something, virtue consists in being propelled by the intellect. (shrink)

Nietzsche and Modern Times: A study of Bacon, Descartes and Nietzsche. Laurence Lampert. New Haven: Yale University Press, 1993. Pp. xii + 475. 35.00 Nietzsche and Metaphysics. Peter Poellner. Oxford: Clarendon Press, 1995. Pp. xi + 320.

Although argumentation plays an essential role in our lives, there is no integrated area of research on the psychology of argumentation. Instead research on argumentation is conducted in a number of separate research communities that are spread across disciplines and have only limited interaction. With a view to bridging these different strands, we first distinguish between three meanings of the word ?argument?: argument as a reason, argument as a structured sequence of reasons and claims, and argument as a social exchange. (...) All three meanings are integral to a complete understanding of human reasoning and cognition. Cognitive psychological research on argumentation has focused mostly on the first and second of these meanings, so we present perspectives on argumentation from outside of cognitive psychology, which focus on the second and third. Specifically, we give anoverview of the methods, goals, and disciplinary backgrounds of research on the production, the analysis, and the evaluation of arguments. Finally, inintroducing the experimental studies included in this special issue, which were conducted by researchers from a range of theoretical backgrounds, weunderline the breadth of argumentation research as well as stress opportunities for mutual awareness and integration. (shrink)