The dead donor rule (DDR) originally stated that organ donors must not be killed by and for organ donation. Scholars later added the requirement that vital organs should not be procured before death. Some now argue that the DDR is breached in donation after circulatory determination of death (DCDD) programs. DCDD programs do not breach the original version of the DDR because vital organs are procured only after circulation has ceased permanently as a consequence of withdrawal of life-sustaining therapy. We (...) hold that the original rendition of the DDR banning killing by and for organ donation is the fundamental norm that should be maintained in transplantation ethics. We propose separating the DDR from two other fundamental normative rules: the duties to prevent harm and to obtain informed consent. (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

Abstract:Disturbing cases continue to be published of patients declared brain dead who later were found to have a few intact brain functions. We address the reasons for the mismatch between the whole-brain criterion and brain death tests, and suggest solutions. Many of the cases result from diagnostic errors in brain death determination. Others probably result from a tiny amount of residual blood flow to the brain despite intracranial circulatory arrest. Strategies to lessen the mismatch include improving brain death determination training (...) for physicians, mandating a test showing complete intracranial circulatory arrest, or revising the whole-brain criterion. (shrink)

We thank Nielsen Busch and Mjaaland for their article on the dead donor rule (Nielsen Busch and Mjaaland 2023). We would like to take this opportunity to go beyond the dead donor rule in order to r...

In the context of deceased organ donation, donors are routinely tested for HIV, to check for suitability for organ donation. This article examines whether a donor’s HIV status should be disclosed to the donor’s next of kin.On the one hand, confidentiality requires that sensitive information not be disclosed, and a duty to respect confidentiality may persist after death. On the other hand, breaching confidentiality may benefit third parties at risk of having been infected by the organ donor, as it may (...) permit them to be tested for HIV and seek treatment in case of positive results.We conclude that the duty to warn third parties surpasses the duty to respect confidentiality. However, in order to minimize risks linked to the breach of confidentiality, information should be restrained to only concerned third parties, that is, those susceptible to having been infected by the donor. (shrink)

In this paper, we discuss the largely neglected topic of semantics in medicine and the associated ethical issues. We analyse several key medical terms from the informed perspective of the healthcare professional, the lay perspective of the patient and the patient’s family, and the descriptive perspective of what the term actually signifies objectively. The choice of a particular medical term may deliver different meanings when viewed from these differing perspectives. Consequently, several ethical issues may arise. Technical terms that are not (...) commonly understood by lay people may be used by physicians, consciously or not, and may obscure the understanding of the situation by lay people. The choice of particular medical terms may be accidental use of jargon, an attempt to ease the communication of psychologically difficult information, or an attempt to justify a preferred course of action and/or to manipulate the decision-making process. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

Continued confinement of those most vulnerable to COVID-19—e.g., the elderly, those with chronic diseases and other risk factors—is presented as an uncontroversial measure when planning exit strategies from lockdown measures. Policies for deconfinement assume that these persons will remain confined even when others will not. This, however, could last quite a long time, and for some this could mean that they will remain in confinement for the rest of their lives.In a policy brief on ethical, legal, and social issues of (...) transition strategies, the Swiss national COVID-19 science task force stated that:Specific interventions should target the risks associated with isolation... (shrink)

The fundamental determinant of death in donation after circulatory determination of death is the cessation of brain circulation and function. We therefore propose the term donation after brain circulation determination of death [DBCDD]. In DBCDD, death is determined when the cessation of circulatory function is permanent but before it is irreversible, consistent with medical standards of death determination outside the context of organ donation. Safeguards to prevent error include that: 1] the possibility of auto-resuscitation has elapsed; 2] no brain circulation (...) may resume after the determination of death; 3] complete circulatory cessation is verified; and 4] the cessation of brain function is permanent and complete. Death should be determined by the confirmation of the cessation of systemic circulation; the use of brain death tests is invalid and unnecessary. Because this concept differs from current standards, consensus should be sought among stakeholders. The patient or surrogate should provide informed consent for organ donation by understanding the basis of the declaration of death. In cases of circulatory cessation, such as occurs in DBCDD, death can be defined as the permanent cessation of brain functions, determined by the permanent cessation of brain circulation. (shrink)

In response to Anne L. Dalle Ave and David M. Shaw, we agree with their general argument but emphasize a moral risk of HIV disclosure in deceased donation cases: the risk of relational rupture. Because of the importance that close relationships have to our sense of self and our life plans, this kind of rupture can have long-ranging implications for surviving loved ones. Moreover, the now-deceased individual cannot participate in any relational mending. Our analysis reveals the hefty moral (...) costs that disclosure can bring, which should influence what information is given to wouldbe donors and how organ procurement coordinators approach these conversations. (shrink)

Rein Vihalemm's philosophy of science left two prominent philosophical legacies: a methodological distinction of scientific disciplines and the practical realist philosophy of science. The diverse perspectives in this book explore some of the ideas that have sprung from Vihalemm's philosophy of science, and the applications of these approaches.

Examines how violence has been conceptually and rhetorically put to use in continental social theory.

_Examines how violence has been conceptually and rhetorically put to use in continental social theory._.

There are countless circumstances under which random individuals COULD act together to prevent something morally bad from happening or to remedy a morally bad situation. But when OUGHT individuals to act together in order to bring about a morally important outcome? Building on Philip Pettit’s and David Schweikard’s account of joint action, I will put forward the notion of joint duties: duties to perform an action together that individuals in so-called random or unstructured groups can jointly hold. I will show (...) how this account of joint duties is preferable to one which defends individual duties to cooperate. I then discuss the limits of joint duties and the ways in which one can fail to comply with them. It will become apparent that the circumstances under which individuals in random collectives acquire such joint duties are rare. (shrink)

Why equality cannot be conditional on a shared human “nature” but has to be for all For centuries, ringing declarations about all men being created equal appealed to a shared human nature as the reason to consider ourselves equals. But appeals to natural equality invited gradations of natural difference, and the ambiguity at the heart of “nature” enabled generations to write of people as equal by nature while barely noticing the exclusion of those marked as inferior by their gender, race, (...) or class. Despite what we commonly tell ourselves, these exclusions and gradations continue today. In Unconditional Equals, political philosopher Anne Phillips challenges attempts to justify equality by reference to a shared human nature, arguing that justification turns into conditions and ends up as exclusion. Rejecting the logic of justification, she calls instead for a genuinely unconditional equality. Drawing on political, feminist, and postcolonial theory, Unconditional Equals argues that we should understand equality not as something grounded in shared characteristics but as something people enact when they refuse to be considered inferiors. At a time when the supposedly shared belief in human equality is so patently not shared, the book makes a powerful case for seeing equality as a commitment we make to ourselves and others, and a claim we make on others when they deny us our status as equals. (shrink)

People hold wildly opposing and very strong views on the question whether mental disorders are brain disorders, and the disagreement is primarily a conceptual one, not one about whether there are,...

Analytic metaphysics has recently discovered biology as a means of grounding metaphysical theories. This has resulted in long-standing metaphysical puzzles, such as the problems of personal identity and material constitution, being increasingly addressed by appeal to a biological understanding of identity. This development within metaphysics is in significant tension with the growing tendency amongst philosophers of biology to regard biological identity as a deep puzzle in its own right, especially following recent advances in our understanding of symbiosis, the evolution of (...) multi-cellular organisms and the inherently dynamical character of living systems. Moreover, and building on these biological insights, the broadly substance ontological framework of metaphysical theories of biological identity appears problematic to a growing number of philosophers of biology who invoke process ontology instead. This volume addresses this tension, exploring to what extent it can be dissolved. For this purpose, the volume presents the first selection of essays exclusively focused on biological identity and written by experts in metaphysics, the philosophy of biology and biology. The resulting cross-disciplinary dialogue paves the way for a convincing account of biological identity that is both metaphysically constructive and scientifically informed, and will be of interest to metaphysicians, philosophers of biology and theoretical biologists. (shrink)

Measurement theory in (Hand in The world through quantification. Oxford University Press, 2004; Suppes and Zinnes in Basic measurement theory. Psychology Series, 1962) is concerned with the assignment of number to objects of phenomena. Representational aspect of measurement is the extent to which the assigned numbers and arithmetics truthfully represent the underlying objects and their relations, and is characteristic to natural sciences; pragmatic aspect is the extent to which the assigned numbers serve purposes other than representing the underlying phenomena, and (...) is characteristic to social sciences (Hand in The world through quantification. Oxford University Press, 2004). Here I criticise this distinction of representational and pragmatic measurements on the basis of the earlier history of the periodic system of chemical elements, viewed in terms of a practice based philosophy of science by Rein Vihalemm. I argue that the periodic system, although a natural scientific system interpretable as a measurement system, has considerable, in Hand’s terms pragmatic, aspects in it. Those aspects include: tampering with the material measurement results for the theoretical ideal of systematicity; adopting metaphysical assumptions that cannot be experimentally proven, like individuality of elements and atomicity; theoretical construction of the abstract entity—element—as the reference of the measurement system amenable to mathematically elegant ordering. Contrary to Suppes and Zinnes (Basic measurement theory. Psychology Series, 1962) I also argue for the dependence of the assigned numerical system on the material-procedural base of the measurement. (shrink)

The standard view of ignorance is that it consists in the mere lack of knowledge or true belief. Duncan Pritchard has recently argued, against the standard view, that ignorance is the lack of knowledge/true belief that is due to an improper inquiry. I shall call, Pritchard’s alternative account the Normative Account. The purpose of this article is to strengthen the Normative Account by providing an independent vargument supporting it.

It is commonly accepted – not only in the philosophical literature but also in daily life – that ignorance is a failure of some sort. As a result, a desideratum of any ontological account of ignorance is that it must be able to explain why there is something wrong with being ignorant of a true proposition. This article shows two things. First, two influential accounts of ignorance – the Knowledge Account and the True Belief Account – do not satisfy this (...) requirement. They fail to provide a satisfying normative account of the badness of ignorance. Second, this article suggests an alternative explanation of what makes ignorance a bad cognitive state. In a nutshell, ignorance is bad because it is the manifestation of a vice, namely, of what Cassam calls “epistemic insouciance”. (shrink)

"Deleuze plonge la critique kantienne transcendantale dans le bain dissolvant d'un empirisme renouvelé. Ce livre se propose de restituer cette entreprise, et d'analyser l'étonnante création de ce concept, que Deleuze mène depuis ses premières monographies jusqu'à Différence et Répétition dans un dialogue fécond avec l'histoire de la philosophie. Par quelles opérations de distorsion et de collage, Deleuze compose-t-il l'empirisme de Hume, la théorie du signe comme force de Nietzsche, le virtuel et les multiplicités de Bergson, les modes de Spinoza, les (...) individualisations impersonnelles de Simondon pour renouveler la théorie kantienne du transcendantal? C'est tout l'objet de cette enquête, qui permet d'entrer dans le laboratoire du penseur, pour saisir la philosophie se faisant, mais qui permet également d'expliquer l'insistance du transcendantal dans toute son oeuvre"--P. [4] of cover. (shrink)

Measurement is said to be the basis of exact sciences as the process of assigning numbers to matter (things or their attributes), thus making it possible to apply the mathematically formulated laws of nature to the empirical world. Mathematics and empiria are best accorded to each other in laboratory experiments which function as what Nancy Cartwright calls nomological machine: an arrangement generating (mathematical) regularities. On the basis of accounts of measurement errors and uncertainties, I will argue for two claims: 1) (...) Both fundamental laws of physics, corresponding to ideal nomological machine, and phenomenological laws, corresponding to material nomological machine, lie, being highly idealised relative to the empirical reality; and also laboratory measurement data do not describe properties inherent to the world independently of human understanding of it. 2) Therefore the naive, representational view of measurement and experimentation should be replaced with a more pragmatic or practice-based view. (shrink)

Prison work creates ethical challenges for which a training program was initiated for Dutch prison staff to foster their Moral Craftsmanship (MCS). The concept of MCS is not yet defined and operationalized in literature. This explorative study aims to 1) define MCS, 2) identify conceptual elements of MCS, and 3) develop a measurement tool for MCS. A document and literature study provided input for the definition and selection of conceptual elements related within DCIA policy documents, identifying three conceptual levels of (...) MCS: individual (cognition, attitude, and actions), team, and leadership. This first MCSQ consists of seventy-one items distributed across the domains: values and norms, judgment and reasoning, consultation, implementation, looking back, interactions, and leadership. We tested its usability via ‘think-aloud interviews.’ Validation of the current version of the MCS-Questionnaire and consensus among experts about what to include or exclude in the concept of MCS are needed for further development. (shrink)

This Element has two aims. The first is to discuss arguments philosophers have made about the difference God's existence might make to questions of general interest in metaethics. The second is to argue that it is a mistake to think we can get very far in answering these questions by assuming a thin conception of God, and to suggest that exploring the implications of thick theisms for metaethics would be more fruitful.

Our moral obligations can sometimes be collective in nature: They can jointly attach to two or more agents in that neither agent has that obligation on their own, but they – in some sense – share it or have it in common. In order for two or more agents to jointly hold an obligation to address some joint necessity problem they must have joint ability to address that problem. Joint ability is highly context-dependent and particularly sensitive to shared (or even (...) common) beliefs. As such, joint ability can be deliberately generated in a given collection of agents by providing information related to collective goals and contributory actions. As moral agents, we regularly face problems wherein the outcome of our actions depends on how others choose. There are two ways of deliberating about our own choices in such cases. We can either think of our choices as best responses to others’ choices (I-mode reasoning). Or we can think of our own choices as contributions to the collectively best option (even when we do not know how others are (likely) to choose) (we-mode reasoning). In deliberating about the right (individual) course of action vis-à-vis collective action problems, agents regularly we-frame the case at hand, that is, they include options in their deliberation that are only collectively available, and they we-reason with regard to their individual contributory actions. It is a necessary condition for collective obligations that potential collaborators facing a joint necessity case have grounds to privilege we-reasoning over reasoning in I-mode. (shrink)

The most remarkable about the continuity in Chomsky's thought about language is that it takes place against a theoretical landscape in constant flux, the landscape of generative grammar. Chomsky introduced a central distinction between E‐languages and I‐language, the internalized knowledge of language that each speaker has and which is the result of the interaction between his or her language faculty and the (limited) experience that he or she had of his or her mother tongue during language acquisition. The Faculty of (...) Language narrowly understood corresponds to “the abstract linguistic computational system alone, independent of the other systems with which it interacts”. This chapter aims to follow the trail of Chomsky's strongly reiterated claim throughout the years that language is not primarily a tool for communication, but rather, a tool for thought. (shrink)

Recently, philosophers have come forth with approaches to chemistry based on its actual practice, imparting to it a proper aim and character of its own. These approaches add to the currently growing movement of pluralist philosophies of science. We draw on recent pluralist accounts from chemistry and analyse three notions from modern chemical practice and theory in terms of these accounts, in order to complement the so far more general pluralist approaches with specific evidence. Our survey reveals that the concept (...) of element indicates conceptual pluralisms in chemistry. that electronegativity illustrates methodological pluralism in determining one and the same concept, and that acidity is an instance of plurality hidden behind ‘one notion’. (shrink)

This chapter contains sections titled: References.

This chapter contains sections titled: Education as Transforming Ways of Being Our Ambiguous Relation to Our World Ambiguity of Becoming Reconfiguring Professional Education as a Process of Becoming Conclusion Acknowledgements Notes References.

[full article, abstract in English; only abstract in Lithuanian] In Normativity of Scientific Laws explicit and implicit normativities were discerned and it was shown, following Joseph Rouse, that scientific laws implicitly harbour what Alchourrón and Bulygin imply to be the core of normativity. Here I develop this claim by discerning six aspects of implicit normativity in scientific laws: general and special conceptual normativity, concerning analytical thinking and special scientific terminologies; theoretical and material epistemic normativity, concerning mathematical and experimental accountability of (...) the world; narrow and broad practical normativity, concerning technologies in both narrower and broader senses. (shrink)

The traditional concept of prime matter – a purely potential substratum that persists through substantial change and serves to constitute the generated substance – has played a dwindling part in Aristotelian scholarship over the centuries. In medieval interpretations of Aristotle, prime matter was thought to play these two roles in all substantial changes, not only in changes at the level of the four elements. In more recent centuries, traditional prime matter was relegated only to the context of substantial changes between (...) the four elements. And in the last few decades of Aristotelian scholarship, it has become common either to downplay or even to eliminate prime matter’s role in elemental changes too. I will support the traditional concept of prime matter by showing that it aligns Aristotle’s view of elemental change with one of the central constraints on matter imposed in his Physics to a degree that cannot be achieved on the non-traditional interpretations: the need for matter to be in potentiality in a way that avoids the two problematic extremes of mere persistence, on the one hand, and destruction, on the other. This point will be supported by Aristotle’s rejection of both monism and pluralism in On Generation and Corruption. Second, I will argue that Aristotle calls for precisely the same kind of potentiality in a very different context: his critique of Anaxagoras’s view of matter in the Generation of Animals. Here the very same problematic extremes of mere persistence and destruction that plague the alternate views to traditional prime matter also plague the dominant views on the matter for animal generation. Especially since Aristotle takes living things to be paradigmatic substances, these comparisons suggest that the apparent idiosyncrasies of elemental transformation which have motivated interpreters to depart from traditional prime matter may not be so idiosyncratic after all. And if that is so, it may be that the problem lies not so much with traditional prime matter as with our assumptions about how persistence and constitution work in substantial change according to Aristotle. In the end, this line of argument opens the door to three new potential interpretations of the matter for substantial generation in Aristotle, interpretations which align with his concept of potentiality and – to varying degrees – with traditional prime matter as well. (shrink)

Il limite necesario: Ex parte necessitatis -- La regola del limite -- Ex parte Dei -- Grazia e gravità: Necessità -- Gravità -- Persona -- Tempo, vuoto e metodo: Immaginazione e vuoto -- Tempo e lavoro -- Lavoro e lettura -- Spazio e tempo.

Theodor W. Adornos posthum veröffentlichte Ästhetische Theorie exponiert die Krise der Kunst im Zeitalter ihrer gesellschaftlichen Integration. Gesättigt mit der Erfahrung konkreter Kunstwerke, hinterfragt sie das tradierte Kategoriensystem philosophischer Ästhetik. Der vorliegende Band unternimmt erstmals eine kommentierende Auslegung, um den dichten Text aufzuschließen und ein Weiterdenken von Adornos kritischer Ästhetik anzuregen.

[full article, abstract in English; only abstract in Lithuanian] This article presents the results of a broader research project which aims to argue for the normativity of scientific laws. Usually scientific laws are regarded as descriptive, which contrasts them to prescriptive norms. To show their normativity, I utilize the logical account of explicitly normative systems by Carlos Alchourrón and Eugenio Bulygin. I identify the characteristic elements of normativity and analyse accounts of implicit normativity in science using those terms to show (...) the affinities of explicit and implicit normativities. The research project continues with the substantiation of the normativity of scientific laws in detail and the results will be presented in Normativity of Scientific Laws. (shrink)

Research on emotion and psychopathology has blossomed due in part to the translation of affective science theory and methods to the study of diverse disorders. This translational approach has helped the field to hone in more precisely on the nature of emotion deficits to identify antecedent causes and maintaining processes, and to develop promising new interventions. The future of emotion research in psychopathology will benefit from three inter-related areas, including an emphasis on emotion difficulties that cut across traditional diagnostic boundaries (...) (i.e., a transdiagnostic approach), the explicit linking of emotion and cognition in behavioral and neuroimaging studies in psychopathology, and continued translation of the latest conceptualizations of emotion to the study of psychopathology. (shrink)

In this paper, I respond to commentaries on my book “Are Mental Disorders Brain Disorders?”. The topics I discuss are: accounts of function and dysfunction, constraints on the relationship between processes at the level of the brain and the mind, externalism in psychiatry, implications for moral responsibility and the question whether my account is a form of conceptual engineering. I defend my account and argue that the key criterion for whether mental disorders are brain disorders is whether we can map (...) dysfunctional psychological processes onto specific differences in brain function. I also acknowledge that my commentators have identified points where my account needs further development. (shrink)