"The Laws", Plato's most lengthy dialogue, has longbeen regarded as the most comprehensive explanation of the possible consequences of a practical application of his philosophy.We might expect the first question Plato ponders to be "What is Law?" Instead, the question posed is "Who is given the credit for laying down your laws?"We are privy to an interaction between a powerfulstatesman and an Athenian philosopher on theisland of Crete. We watch as a plan for a new political order is worked out (...) that embodiesmany of the issues that we still struggle withtoday, such as the status of women, the statusof homosexuals, the family, criminal law, andthe role of religion in a healthy society.We at Timeless Classic Books hope that you enjoy this ancient thought-provoking story that may change the way you think about modern day issues.(Timeless Classic Books). (shrink)

What obligations do global actors have to prevent terrorism? Is consent required to create an international obligation, or does the correctness of its goals ground its legitimacy? In this paper, I consider these questions with respect to a subset of international law often overlooked: anti-money laundering and combating the financing of terrorism . AML/CFT comprises peaceful response to violence and terrorism, making it a significant component of international justice and diplomacy. First, I present the current legal framework for AML/CFT institutions (...) and identify two conflicting sources of justification: objective value and consent. The fix for this problem, I argue, does not come from either component alone. Objective value cannot provide the sole source of justification because it cannot settle the choice between multiple competing norms that would achieve the same objective goods were we to follow them . Consent cannot provide the sole source of justification (‘the const.. (shrink)

In the Foundations of the Metaphysics of Morals Kant presented a method for discovering what morality requires us to do in any situation and claimed that it is a method everyone can use. The method consists in testing one's maxim against the requirement stated in the formulations of the categorical imperative. There has been endless discussion of the adequacy of Kant's method in giving moral guidance, but there has been little effort to situate Kant's view of ethical method in its (...) historical context. In this paper I try to do so. I take the label "method of ethics" from the work of Henry Sidgwick. A method of ethics, he says, is any rational procedure by which we determine what it is right for an individual to do or what an individual ought to do. Since the moralists I want to consider do not all think of morality as rational, I shall broaden the notion by saying that a method is any systematic or regular procedure, rational or not, by which we determine what morality requires... (shrink)

Theory. Moral knowledge and moral principles -- Victorian Matters. First principles and common-sense morality in Sidgwick's ethics ; Moral problems and moral philosophy in the Victorian Period -- On the historiography of moral philosophy. Moral crisis and the history of ethics ; Modern moral philosophy : from beginning to end? : No discipline, no history : the case of moral philosophy ; Teaching the history of moral philosophy -- Seventeenth- and eighteenth-century moral philosophy. The divine corporation and the history of (...) ethics ; Natural law ; The misfortunes of virtue ; Voluntarism and the foundations of ethics ; Hume and the religious significance of moral rationalism -- On Kant. Why study Kant's Groundwork ; Autonomy, obligation, and virtue : an overview of Kant's moral philosophy ; Kant and Stoic ethics ; Toward enlightenment : Kant and the sources of darkness ; Kantian unsocial sociability : good out of evil -- Moral psychology. The active powers -- Afterword. Sixty years of philosophy in a life. (shrink)

Plato's "Politicus" (Statesman) stands, both in date and in political thought, between the "Republic" and the "Laws". It presents his thought at the point when he was chastened by disappointment with his attempts to put theory into practice at Syracuse. The dialogue reflects contemporary controversies on the method of definition; but its logical exercises and the impressive 'myth' of the two cosmic eras serve to bring out its essential political teaching. This volume contains the text in translation. In this second (...) edition, Skemp made corrections to his extensive introduction and running commentary, and added a new appendix taking into account scholarship since the first (1952) edition. (shrink)

In the seventeenth and eighteenth centuries rationalism about morality was repeatedly used to reject strong divine command theories of ethics. Such theories were morally unacceptable to many devout Christians. But deism, rationalist through and through, seemed to make revelation unnecessary, and with it most of Christianity. William Law, an influential divine command theorist of Hume's time, argued that Christians must consequently find rationalism unacceptable. Hume's effort to destroy moral rationalism functions to force his readers into a dilemma: either a morally (...) horrifying divine command view of morals, or almost no religion at all. (shrink)

The ‘modern’ natural law philosophers of the seventeenth century believed that conflict was an unavoidable concomitant of human intercourse, rooted in our nature. They understood the normative laws of nature as serving the purpose of setting the limits within which conflict is compatible with lasting social cooperation, thus showing, in effect, how warfare can be turned into competition. The natural lawyers were interested primarily in legal and political problems, not in ethics. But in order to provide reasoned approaches to immediate (...) practical issues, they had to move to a level of abstract theorizing at which philosophical claims about morality were unavoidable. Natural law theory with its understanding of the central underlying problem of human sociability dominated seventeenth-century practical philosophy, and the solutions its various proponents offered generated many of the central concerns of what we know as moral philosophy. (shrink)

Here we discuss the challenge posed by self-organization to the Darwinian conception of evolution. As we point out, natural selection can only be the major creative agency in evolution if all or most of the adaptive complexity manifest in living organisms is built up over many generations by the cumulative selection of naturally occurring small, random mutations or variants, i.e., additive, incremental steps over an extended period of time. Biological self-organization—witnessed classically in the folding of a protein, or in the (...) formation of the cell membrane—is a fundamentally different means of generating complexity. We agree that self-organizing systems may be fine-tuned by selection and that self-organization may be therefore considered a complementary mechanism to natural selection as a causal agency in the evolution of life. But we argue that if self-organization proves to be a common mechanism for the generation of adaptive order from the molecular to the organismic level, then this will greatly undermine the Darwinian claim that natural selection is the major creative agency in evolution. We also point out that although complex self-organizing systems are easy to create in the electronic realm of cellular automata, to date translating in silico simulations into real material structures that self-organize into complex forms from local interactions between their constituents has not proved easy. This suggests that self-organizing systems analogous to those utilized by biological systems are at least rare and may indeed represent, as pre-Darwinists believed, a unique ascending hierarchy of natural forms. Such a unique adaptive hierarchy would pose another major challenge to the current Darwinian view of evolution, as it would mean the basic forms of life are necessary features of the order of nature and that the major pathways of evolution are determined by physical law, or more specifically by the self-organizing properties of biomatter, rather than natural selection. (shrink)

The notion of reasonable interpretation of legal texts, as opposed to the absurd or unacceptable interpretation, is presupposed in different legal theories as the fundamental basis of legal rationality and as a clear limitation to chaotic behaviour by courts. This article argues that the ever-present notion of reasonability is not a useful descriptive tool for understanding legal practices or how legal institutions work. The article builds on radical legal realism perspective in order to develop two arguments supporting this claim. First, (...) it argues that, from an empirical point of view, the complexity of contemporary law and its multiple layers of normativity do not allow for the description of what a reasonable interpretation is, since no coherent universal interpretative community can be envisioned. Second, from a conceptual point of view, it argues that describing the references interpreters make to reasonability as references to a semantic object—that is, to some kind of universal “reasonableness”, a model of reasonable behaviour or rationality—is not a reliable way of understanding judicial practice in a certain legal context. This is the case because, as an internal justification discourse, the appeal to reasonability by the interpreter has no bearing on truth or correctness. Nothing prevents courts from cherry-picking a meaning for reasonability in each case, using it as the justification to solve similar cases in different, sometimes contradictory ways. In short, the concept of reasonability cannot be taken, in itself, as an instrument of legal analysis. As a prescriptive discourse, it can merely be one of the objects legal science intends to observe and explain. Its discursive functions—not its semantic references—, as part of a strategy to convince and to justify, are the only observable elements that can sustain a coherent falsifiable description by legal science. (shrink)

While there has been a resurgence of interest in Kant's moral philosophy, most philosophic discussion centers about the Grunlegung and the Kritik der praktischen Vernunft. Consequently there has been a great deal of sterility concerning discussions of the application of the categorical imperative. In her careful commentary, Gregor has attempted to show us the role of Metaphysik der Sitten in Kant's moral philosophy as well as to illuminate Kant's discussion of perfect and imperfect duties. The study helps to correct the (...) lopsided image of Kant's moral philosophy as excessively formalistic and legalistic and shows us the importance of a teleological perspective for understanding the import of the categorical imperative.—R. J. B. (shrink)

In his preface, Smart tells us that there are three types of treatises on the philosophy of science: the philosopher's philosophy of science, "baby" philosophy of science, and the scientist's philosophy of science. He classifies his own attempt as "a not too technical scientist's philosophy of science." But this book is an excellent introduction to contemporary philosophy of science for anyone interested in the topic. Smart writes lucidly and has the gift of carrying the reader from the most elementary issues (...) to some of the most recent controversies and disputes. Many of the usual topics are covered including the nature of theories, laws, explanation in the different sciences, induction, and probability. But Smart also gives a heavy emphasis to problems of space and time, especially the "direction of time." He has adopted the excellent device of supplying a commentary on further reading at the end of each chapter which enables the student to pursue topics in greater depth. Smart's own views, familiar to those who know his work, are not hidden here but there is a serious attempt to report different views and to provide the reader with the information needed to explore controversies. As an introduction for the intelligent student, this now stands as one of the best books available.--R. J. B. (shrink)

Contrary to the usual interpretation of Locke, Cox argues that Locke's political philosophy has a strong Hobbesian flavor. The state of nature is really a state of war, and the law of nature turns out to be a "con- struct of the mind." To justify this interpretation, Cox carefully analyzes Locke's two Treatises. He suggests that Locke accommodated his philosophic argument to the prevailing political, philosophical, and religious atmosphere of the day, but that this is only a device for presenting (...) a much more radical position. The reader may not be completely persuaded by Cox's forceful arguments, but he will discover insights and difficulties which must be taken into account for an adequate understanding of Locke's political philosophy.--R. J. B. (shrink)

This commentary provides a legal analysis of the extent to which changes proposed by scholars to promote care for substance use disorder or other under-treated illnesses through risk adjustment could be implemented administratively, without legislation, in federal risk adjustment systems: Medicare's privatized component, Medicare's pharmaceutical component, and the individual and small group market. As the article explains, federal laws governing risk adjustment provide broad discretion to regulators and can reasonably be interpreted to permit full and final implementation through the administrative (...) process of almost all of the changes that scholars have proposed. (shrink)

Although this book contains a facsimile of the second London edition of Collins’ Inquiry, the main author is O’Higgins, for his Introduction and Notes seem more important than the 18th-century pamphlet. Collins was a country squire, friend of John Locke, an Anglican Deist, and a convinced determinist in his explanation of volition. His education was spotty: Eton, a year at Cambridge and unfinished studies in law. A general study of Collins’ life and writings was published by O’Higgins in 1970, yet (...) he does not seem aware of another modern printing of the Inquiry, edited by R. Wellek. The Introduction covers the background very thoroughly. It also sketches the situation in which the Inquiry was produced. The editor’s Notes are scholarly and helpful. Collins’ view was that no act of will is uncaused but the necessity to which man’s will is subject is not physical but moral. Much of Collins’ argument is well constructed but he does not seem fully to understand some of his adversaries, such as Bishop John Bramhall. On the whole this book is a useful introduction to a key controversy in British and continental thought of the 17th and 18th centuries.—V.J.B. (shrink)

It is good to have this fine English translation of the second German edition of Kelsen's Reine Rechtslehre, which has heavily influenced so much contemporary thought on jurisprudence and the philosophy of law. Reading Kelsen now one is struck by the stilted and naïve positivism that pervades his thought. At the same time, one is also impressed by the clarity that he brings to what is normally a very muddled area. There is a bold statement of the "pure" theory, a (...) sharp distinction between the legal and the moral orders, a reiteration of the "dualism" of the is and the ought, and a defense of legal norms as the object of the science of law. While Kelsen's quasi-dogmatic pronouncements can provoke disagreements at almost every stage of his argument, the book is certainly one which must be directly encountered by any serious student of the philosophy and theory of law.—R. J. B. (shrink)

A universal Horn sentence in the language of polynomial-time computable combinatorial functions of natural numbers is true for the natural numbers if, and only if, it is true for PETs of p-time p-isolated sets with functions induced by fully p-time combinatorial operators.

The first of two volumes to be added to Dilthey’s Collected Works, making available unpublished manuscripts connected with his Introduction to the Human Sciences. The present volume includes plans and outlines from Dilthey’s philosophical beginnings, ca. 1865, with an appendix of aphorisms from his student years, probably pre-1860, preliminary writings for what was to become the "Treatise of 1875," i.e., "On the Study of the History of the Sciences of Man, Society, and the State," with the related project of a (...) methodological introduction to a study of the natural law of the Sophists and its reemergence in the 16th- and 17th-century egoistic theories of man, which was to provide an example of "historical research of philosophical intent," continuations of the "Treatise of 1875," elaborations of Dilthey’s descriptive psychology from around 1880, and two epistemological manuscripts: "On the possibility of a consistent shaping [Gestaltung] of empiricism, through which the insight into the objectivity of appearances would be given a foundation," 1874, and "Essay on the Philosophy of Experience and Reality in opposition to Empiricism and Speculation," 1879. The following volume will be comprised essentially of the extensive drafts for a continuation of the Introduction to the Human Sciences, one of which was already close to completion in 1882/83 when the first volume was sent to press and Dilthey was given Lotze’s chair in philosophy at Berlin. The present volume thus is devoted mainly to writings from Dilthey’s Breslau period 1871-82; its successor will be evenly divided between the so-called "Breslauer Ausarbeitung" and the "Berliner Entwurf." It should be a great benefit to Dilthey studies that these manuscripts are finally being published, and it is to be hoped that they will also excite further interest in the surprisingly neglected Introduction to the Human Sciences itself. (shrink)

Kemp's purpose is to investigate the function of reason in man's practical life. He proceeds by critically discussing the view of Cudworth, Locke, Clarke, Hume, and Kant on the relation between reason and morality. This serves as a basis for Kemp's own discussion in which, as is characteristic of many contemporary philosophers, he attempts to distinguish carefully between describing a line of conduct and assessing it. He delineates four methods of assessment: conformity of an action to law, consistency of a (...) line of conduct, intelligence of behavior, and insight or discernment of the requirements of a situation. While the approach of Kemp is in the spirit of many other recent investigations of moral discourse and rules, it is not entirely clear in what ways he makes an advance beyond these investigations.—R. J. B. (shrink)

Hardly a month goes by without another book or article concerning some aspect of the philosophy of action. The cluster of issues involved are in the very center of philosophic discussion. Much of the recent concern has been inspired by the liberation from various reductivistic approaches effected by Wittgenstein's Philosophical Investigations. And philosophers are coming to realize that the theory of action is not the study of a well delineated specific issue, but rather a focal point where many philosophical issues (...) meet. The present anthology collects together some of the better and most influential papers concerning action. It is divided into three sections: the general theory of action: the explanation of action; and the concept of action in history, ethics, and law. Unfortunately, many of the best discussions of these issues are to be found in books which the editors have not excerpted here. But there is a helpful introduction which sets out to clarify the context of recent discussions and the different problems that have arisen. There is a brief bibliography which might have been more helpful if it were annotated.--R. J. B. (shrink)

This second volume of a new intellectual history series purports to examine the thought of the two greatest medieval philosophers and theologians. It is a combination of an anthology and a "Heath" pamphlet. Included are select writings on God, man, sin, will, secular law and governments. Most of the selections have been reproduced in other anthologies. A historical introduction, modern commentary, and study questions compose the rest of the book. The modern commentary is the most valuable part of the book (...) since it shows Augustine and Aquinas as fallible human beings within a social and historical setting. The modern metaphysical commentary, lacking explanation by the editors, will probably leave the undergraduate confused and frustrated.--J. B. (shrink)

The main purpose of this volume is the admirable one of preparing a series of volumes on the global history of philosophy. While the effort falls far short of what we might have hoped for, it must be judged as a good beginning in this area. The volume begins with a listing of introductory works dealing with the philosophies of major cultures: India, China, Japan, Islam, Russia and Latin America. The difficulties of launching into a study of world philosophy become (...) apparent at this point; the bibliographical categories are a mixture of geographical areas and religio-cultural traditions which overlap land-boundaries. The authors now depart from the geographical-cultural schema by organizing the material along a mixture of historical and topical structures--all taken from the western context. The list of historical segments include: Classical Period, Pan-Hellenistic-Bactrian Period, Early "Medieval" Period, The Great Summas, Late "Medieval" Period, "Renaissance" Period, Transition to the Modern Period, and Modern Period. The book concludes with a section dedicated to works concerning the Scientific Revolution and the Philosophy of International Law. In a pocket on the back cover the reader will find two large fold-outs which present "A Synchronological Chart to the Global History of Philosophy."--J. B. L. (shrink)

**A newly revised edition of two seminal works on Imperial Rome** Undeniably one of Rome’s most important historians, Tacitus was also one of its most gifted. *The Agricola* is both a portrait of Julius Agricola-the most famous governor of Roman Britain and Tacitus’s respected father-in-law-and the first known detailed portrayal of the British Isles. In the *Germania*, Tacitus focuses on the warlike German tribes beyond the Rhine, often comparing the behavior of "barbarian" peoples favorably with the decadence and corruption of (...) Imperial Rome. (shrink)

PREFACE. THE Author of this very practical treatise on Scotch Loch - Fishing desires clearly that it may be of use to all who had it. He does not pretend to have written anything new, but to have attempted to put what he has to say in as readable a form as possible. Everything in the way of the history and habits of fish has been studiously avoided, and technicalities have been used as sparingly as possible. The writing of this (...) book has afforded him pleasure in his leisure moments, and that pleasure would be much increased if he knew that the perusal of it would create any bond of sympathy between himself and the angling community in general. This section is interleaved with blank shects for the readers notes. The Author need hardly say that any suggestions addressed to the case of the publishers, will meet with consideration in a future edition. We do not pretend to write or enlarge upon a new subject. Much has been said and written-and well said and written too on the art of fishing but loch-fishing has been rather looked upon as a second-rate performance, and to dispel this idea is one of the objects for which this present treatise has been written. Far be it from us to say anything against fishing, lawfully practised in any form but many pent up in our large towns will bear us out when me say that, on the whole, a days loch-fishing is the most convenient. One great matter is, that the loch-fisher is depend- ent on nothing but enough wind to curl the water, -and on a large loch it is very seldom that a dead calm prevails all day, -and can make his arrangements for a day, weeks beforehand whereas the stream- fisher is dependent for a good take on the state of the water and however pleasant and easy it may be for one living near the banks of a good trout stream or river, it is quite another matter to arrange for a days river-fishing, if one is looking forward to a holiday at a date some weeks ahead. Providence may favour the expectant angler with a good day, and the water in order but experience has taught most of us that the good days are in the minority, and that, as is the case with our rapid running streams, -such as many of our northern streams are, -the water is either too large or too small, unless, as previously remarked, you live near at hand, and can catch it at its best. A common belief in regard to loch-fishing is, that the tyro and the experienced angler have nearly the same chance in fishing, -the one from the stern and the other from the bow of the same boat. Of all the absurd beliefs as to loch-fishing, this is one of the most absurd. Try it. Give the tyro either end of the boat he likes give him a cast of ally flies he may fancy, or even a cast similar to those which a crack may be using and if he catches one for every three the other has, he may consider himself very lucky. Of course there are lochs where the fish are not abundant, and a beginner may come across as many as an older fisher but we speak of lochs where there are fish to be caught, and where each has a fair chance. Again, it is said that the boatman has as much to do with catching trout in a loch as the angler. Well, we dont deny that. In an untried loch it is necessary to have the guidance of a good boatman but the same argument holds good as to stream-fishing... (shrink)

This study’s objective was to understand Colombian adolescents’ experiences and preferences regarding access to sexual and reproductive health services (SRHS), either alone or accompanied. A mixed-method approach was used, involving a survey of 812 participants aged eleven to twenty-four years old and forty-five semi-structured interviews with participants aged fourteen to twenty-three. Previous research shows that adolescents prefer privacy when accessing SRHS and often do not want their parents involved. Such findings align with the longstanding tendency to frame the ethical principle (...) of autonomy as based on independence in decision-making. However, the present study shows that such a conceptualization and application of autonomy does not adequately explain Colombian adolescent participants’ preferences regarding access to SRHS. Participants shared a variety of preferences to access SRHS, with the majority of participants attaching great importance to having their parents involved, to varying degrees. What emerges is a more complex and non-homogenous conceptualization of autonomy that is not inherently grounded in independence from parental involvement in access to care. We thus argue that when developing policies involving adolescents, policymakers and health professionals should adopt a nuanced “relational autonomy” approach to better respect the myriad of preferences that Colombian (and other) adolescents may have regarding their access to SRHS. (shrink)

Modern science developed in the interflow of culture between west and east. Combing of pratice technology with philosophic thoughts formed experimental method. Holistic views contacting atomism produced system theory. System thoughts are applicated in the science and engineering of biosystems, and the cencepts of system biomedicine (Kamada T.1992), systems biology (Zieglgansberger W, Tolle TR.1993), system bioengineering and system genetics (Zeng BJ. 1994) were established. From positive to synthetic thoughts, philosophy have been developed ontology, cosmology, organism theories. Structurity is structure logic (...) system founded on entity, develop, exist axioms, tolerance, adaptation, fluctuate, interweave, transform theorems and integrate, adaptation, construct laws. Structurity be discussed on the cosmos, life, culture system, creation, hologram theories of structure ontology, construct mutation, simi-structure organism and entity emergence, symbol implication. From the relation of structure, function and development, the structurity put forward the cycle, spiral, triangle structure stability patterns of self-organization in structure complement each other and stratification, functional couple and interflow bounds growth, coordinativetransformation and holographic symmetry. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

The right not to know is underappreciated in policy-making. Despite its articulation in medical law and ethics, policy-makers too easily let other concerns override the right not to know. This observation is triggered by a recent decision of the Dutch government on embryo selection for Huntington’s disease. This is a monogenetic debilitating disease without cure, leading to death in early middle age, and thus is a likely candidate for preimplantation genetic diagnosis. People possibly affected with the Huntington gene do not (...) always want to know their genetic status themselves, which is very burdensome knowledge. For prospective parents, this creates a difficulty in having unaffected children through embryo selection without knowing their own genetic status. A solution is provided by the exclusion test: it allows embryo selection while honouring the parents’ right not to know. The Dutch government however disallowed the exclusion test and chose to allow PGD on Huntington only for parents who test themselves first. To avoid “unnecessary” in-vitro fertilisation procedures for unaffected parents, prospective parents are “forced to know” before they can conceive through embryo selection. This article analyses the scope of the right not to know in the context of embryo selection against Huntington’s disease. It concludes that the right not to know implies that PGD against Huntington should be allowed by means of the exclusion test. (shrink)

Since at least the advent of Jack Kevorkian’s “suicide machine” the major argument against adopting physician-assisted suicide laws has been that they will lead us down a slippery slope to state-sa...

Management practitioners and scholars have worked diligently to identify methods for ethical decision making in international contexts. Theoretical frameworks such as Integrative Social Contracts Theory (Donaldson and Dunfee, 1994, Academy of Management Review 19, 252–284) and more recently the Global Business Citizenship Approach [Wood et al., 2006, Global Business Citizenship: A Transformative Framework for Ethics and Sustainable Capitalism. (M. E. Sharpe, Armonk, NY)] have produced innovations in practice. Despite these advances, many managers have difficulty implementing these theoretical concepts in daily (...) practice. Using the example of recent decisions by internet service providers Google, Yahoo, and MSN regarding censorship requirements in China, we offer six heuristic questions to help managers to resolve cross-cultural ethical conflicts in which the firm’s way of doing business differs from the practice in the host country. Recognizing that companies can take different approaches to law and ethics (Paine, 1994, Harvard Business Review 72(2), 107–117), our aim is to provide a management decision process to deal with demands or opportunities for engaging in questionable business practices in a host country. (shrink)

There is great skepticism about the admittance of expert normative ethics testimony into evidence. However, a practical analysis of the way ethics testimony has been used in courts of law reveals that the skeptical position is itself based on assumptions that are controversial. We argue for an alternative way to understand such expert testimony. This alternative understanding is based on the practice of clinical ethics.

To describe the content of practice guidelines on euthanasia and assisted suicide (EAS) and to compare differences between settings and guidelines developed before or after enactment of the euthanasia law in 2002 by means of a content analysis. Most guidelines stated that the attending physician is responsible for the decision to grant or refuse an EAS request. Due care criteria were described in the majority of guidelines, but aspects relevant for assessing these criteria were not always described. Half of the (...) guidelines described the role of the nurse in the performance of euthanasia. Compared with hospital guidelines, nursing home guidelines were more often stricter than the law in excluding patients with dementia (30% vs 4%) and incompetent patients (25% vs 4%). As from 2002, the guidelines were less strict in categorically excluding patients groups (32% vs 64%) and in particular incompetent patients (10% vs 29%). Healthcare institutions should accurately state the boundaries of the law, also when they prefer to set stricter boundaries for their own institution. Only then can guidelines provide adequate support for physicians and nurses in the difficult EAS decision-making process. (shrink)

Whether or not Strauss's observation is historically accurate, it does suggest two sets of questions for philosophical examination. (1) Is Strauss correct to view natural duties and natural rights as the same type of ethical concept? Do they serve the same function? Do they work on the same level, and are they necessarily in competition with each other? (2) Does saying that the individual human being is the center of the moral world require that one reject the idea of a (...) human end, or telos? Does accepting the ethical centrality of a human telos require that one reject ethical individualism? Are they mutually exclusive?Footnotes* For criticism, we are grateful to the other contributors to this volume and to its editors, as well as Paul Gaffney. (shrink)

Unrecognized presuppositions about patient appearance have become increasingly important in medicine, medical ethics and medical law. Symptoms of these historically conditioned assumptions include common ageism, aesthetic surgery, and litigation about ‘wrongful life’. These phenomena suggest a societal intolerance for what is considered an ‘abnormal’ appearance. Among others, eighteenth-century artists and anatomists helped to set these twentieth-century precedents, actually measuring deviations of external traits to analogous deformations of the soul, and drawing moral conclusions from physiognomic measurements. Other eighteenth-century artists countered with (...) pathognomy, recognizing that uneven physical features may indicate humanity, instead of character flaws. We suggest that there is an important and as yet unrecognized role played by visual and perceptual preferences in our judgments concerning normalcy and anomaly. We further suggest a shift away from our current fashion-magazine, youth-oriented aesthetic, and towards an aesthetic of imperfection. Physicians and medical students can be made aware of their historically conditioned reactions to ‘abnormal’ appearing patients by studying the understandings and methods with which artists have portrayed those who are considered deformed in appearance. (shrink)