"Aufgabe der vorliegenden Arbeit ist es, eine Antwort auf folgende Fragen zu ermöglichen: Was dachte das 13. Jahrhundert von jenem Gottesbeweis, den der hl. Anselm in seinem Proslogion niederschrieb, und aus welchen Gründen? Demgemäß besteht diese Schrift aus Quellenmitteilungen und Untersuchungen. St. Anselm legt den Gottesbeweis, dessen Schicksal während des dreizehnten Jahrhunderts hier quellenmäßig behandelt werden soll, in drei Kapiteln seines Proslogion nieder. Es sind die Kapitel II, III und IV. Sie veranlassten bald eine Gegenschrift des Mönches Gaunilo aus dem (...) Kloster Mar-Moutier bei Tours, die vielfach den Titel trug: "Liber pro insipiente." Hierauf schrieb Anselm eine ausführliche Antwort - den "Liber apologeticus contra Gaunilonem respondentem pro insipiente."" Diese Quellenbeiträge und Untersuchungen zur Geschichte der Gottesbeweise im dreizehnten Jahrhundert mit besonderer Berücksichtigung des Arguments im Proslogion des hl. Anselm sind ein unveränderter Nachdruck der Originalausgabe von 1909. (shrink)

The treatment-enhancement distinction draws a line between services or interventions meant to prevent or cure conditions that we view as diseases or disabilities and interventions that improve a condition that we view as a normal function or feature of members of our species. The line drawn here is widely appealed to in medical practice and medical insurance contexts, as well as in our everyday thinking about the medical services we do and should assist people in obtaining.

Although Kant disapproved of war, he asserted it was sublime. His views of war are disconnected and in places surprisingly positive, but he avoids grappling with their implications. This article analyses these heterogeneous discussions through Kant’s notion of the sublime to argue that some of his statements imply war’s sublimity can provoke an educated public into forming an international federation: the power to keep all in awe in Kant’s interpretation of international foundation is not the Hobbesean sovereign or a coercive (...) international government, but reflection on war itself. Kant’s ideas about sublime warfare are internally contradictory. Although they are valuable as an encouragement to work toward peace, working toward peace in actual fact may have unintended results. (shrink)

The ever-growing acceptance and use of assisted human reproduction techniques has caused demand for “donated” sperm and eggs to outstrip supply. Medical professionals and others argue that monetary reward is the only way to recruit sufficient numbers of “donors”. Is this a clash between pragmatics and policy/ethics? Where monetary payments are the norm, alternative recruitment strategies used successfully elsewhere may not have been considered, nor the negative consequences of commercialism on all participants thought through. Considerations leading some countries to ban (...) the buying and selling of sperm, eggs and embryos are outlined and a case made that the collective welfare of all involved parties be the primary consideration in this, at times heated, debate. (shrink)

Hegel’s view of India is famously negative, and postcolonial scholarship has been largely dominated by a view of Hegel as little more than a chauvinist. This paper argues that this interpretation is one-sided and overly simplistic. Most approaches to Hegel on India focus on the well-known lectures on the philosophy of history, imposing an overly teleological reading upon Hegel’s view of cultural difference. In contrast, I demonstrate the ambiguity of Hegel’s conception of India through a close reading of Hegel’s little-known (...) essay on the Bhagavad-Gītā (Über die unter dem Namen Bhagavad-Gita bekannte Episode des Mahabharata von Wilhelm von Humboldt). Hegel believed that the Bhagavad-Gītā was India’s paradigmatic text, and he used this essay as a platform for discussing Indian thought in general. In distinction to Bradley Herling’s interpretation of the Gītā essay, I contend that here Hegel has an unexpectedly positive view of Indian thought, but only insofar as it appears to reflect his own. (shrink)

It is now 110 years since the first reported medical use of donor insemination. Despite its somewhat doubtful beginnings and its chequered history, especially up until the 1970s, DI has become a well accepted and utilised part of most infertility treatment services. An American survey in 1988 reported that approximately 80,000 women a year undergo the procedure, and that over 30,000 children are born each year. The only figures from the United Kingdom cover a 5-month period between August 1 and (...) December 31, 1991, and show that 4,260 patients were treated with DI during this period. The treatment was carried out in 85 different centres. (shrink)

In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual (...) liberty? Or meet professional obligations and obligations of justice without conflict? When is an effort to reduce health disparities, or to set priorities in realising a human right to health, fair? What do richer, healthier societies owe poorer, sicker societies? Just Health: Meeting Health Needs Fairly explores the many ways that social justice is good for the health of populations in developed and developing countries. (shrink)

Law in between facts and norms -- Law in the postnational constellation -- Situating the debate between Habermas and Hart -- Establishing institutions -- The variety of legal systems -- Relations between legal systems -- The quest for normative foundations -- Conceiving general jurisprudence.

How should medical services be distributed within society? Who should pay for them? Is it right that large amounts should be spent on sophisticated technology and expensive operations, or would the resources be better employed in, for instance, less costly preventive measures? These and others are the questions addreses in this book. Norman Daniels examines some of the dilemmas thrown up by conflicting demands for medical attention, and goes on to advance a theory of justice in the distribution of (...) health care. The central argument is that health care, both preventive and acute, has a crucial effect on equality of opportunity, and that a principle guaranteeing equality of opportunity must underly the distribution of health-care services. Access to care, preventive measures, treatment of the elderly, and the obligations of doctors and medical administrations are fully discussed, and the theory is shown to underwrite various practical policies in the area. (shrink)

Book reviewed in this article: Am I My Parents' Keeper? An Essay on Justice Between the Young and Old. By Norman Daniels.

Transplantation programs commonly rely on clinicians’ judgments about patients’ social support (care from friends or family) when deciding whether to list them for organ transplantation. We examine whether using social support to make listing decisions for adults seeking transplantation is morally legitimate, drawing on recent data about the evidence-base, implementation, and potential impacts of the criterion on underserved and diverse populations. We demonstrate that the rationale for the social support criterion, based in the principle of utility, is undermined by its (...) reliance on tenuous evidence. Moreover, social support requirements may reinforce transplant inequities, interfere in patients’ personal relationships, and contribute to biased and inconsistent listing procedures. As such, accommodating the needs of patients with limited social support would better balance ethical commitments to equity, utility, and respect for persons in transplantation. We suggest steps for researchers, transplantation programs, and policymakers to improve fair use of social support in transplantation. (shrink)

Churchill argues that every society rations health care-the problem is to do so justly. The central claim of the book is that a more "social" or communitarian starting point is needed. The book concludes with a brief discussion of health care rights and a sketchy account of the role of the physician in rationing.

Should mental health insurance cover only disorders found in DSM‐IV, or should it be extended to treatment for ordinary shyness, unhappiness, and other responses to life's hard knocks?

We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues addressed in (...) the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy. (shrink)

The rapidly increasing numbers of elderly people in our society have raised some important moral questions: How should we distribute social resources among different age groups? What does justice require from both the young and the old? In this book, Norman Daniels offers the first systematic philosophical discussion of these urgent questions, advocating what he calls a "lifespan" approach to the problem: Since, as they age, people pass through a variety of institutions, the challenge of caring for the elderly (...) becomes the prudent allocation of public resources among the various stages of people's lives. Using this philosophical approach, Daniels addresses specific public policy issues such as the allocation of medical funds, the adequacy of long-term care, current Medicare cost-containment measures, and the equitable distribution of income support over the lifespan and between generations. (shrink)

The Routledge Classic Edition of Daniels’ influential 2001 text _Vygotsky and Pedagogy_ explores the growing interest in Vygotsky and the pedagogic implications of the body of work that is developing under the influence of his theories. With a new preface from Harry Daniels this book explores the growing interest in Vygotsky and the pedagogic implications of the body of work that is developing under the influence of his theories. It provides an overview of the ways in which the (...) original writing has been extended and identifies areas for future development. The author considers how these developments are creating new and important possibilities for the practices of teaching and learning in school and beyond, and illustrates how Vygotskian theory can be applied in the classroom. The book is intended for students and academics in education and the social sciences and will be of interest to all those who wish to develop an analysis of pedagogic practice within and beyond the field of education. (shrink)

A survey was conducted of the perceived correlates of illegal abuses in the electronics industry. Human resource directors of thirty-one firms responded to a questionnaire which assessed their perceptions of the degree to which illegal behavior was caused by (1) deficiencies in the moral character of employees (2) the clarity of expectations and standards describing illegal behavior and (3) the presence of reinforcements and punishments contingent on these behaviors. All three variables were related to the frequency of abuses in three (...) areas of organizational crime (e.g. administrative, labor, environment) and three areas of personal crime (theft, falsifying records kickbacks) as reported by the directors and/or indicated by archival records. The implications of these findings are discussed in terms of how organizations may reduce illegal activity. (shrink)

Healthcare (including public health) is special because it protects normal functioning, which in turn protects the range of opportunities open to individuals. I extend this account in two ways. First, since the distribution of goods other than healthcare affect population health and its distribution, I claim that Rawls's principles of justice describe a fair distribution of the social determinants of health, giving a partial account of when health inequalities are unjust. Second, I supplement a principled account of justice for health (...) and healthcare with an account of fair process for setting limits or rationing care. This account is provided by three conditions that comprise "accountability for reasonableness.". (shrink)

Transpersonal Psychology concerns the study of those states and processes in which people experience a deeper sense of who they are, or a greater sense of connectedness with others, with nature, or the spiritual dimension. Pioneered by respected researchers such as Jung, Maslow and Tart, it has nonetheless struggled to find recognition among mainstream scientists. Now that is starting to change. Dr. Michael Daniels teaches the subject as part of a broadly-based psychology curriculum, and this book brings together the (...) fruits of his studies over recent years. It will be of special value to students, and its accessible style will appeal also to all who are interested in the spiritual dimension of human experience. The book includes a detailed 38-page glossary of terms and detailed indexes. (shrink)

Die Globalisierung in ökonomischer und politischer sowie in kultureller und sozialer Hinsicht rückt das Thema internationale Gerechtigkeit immer stärker in den Fokus. Letztlich geht es um die Frage moralischen Handelns auf globaler Ebene, um eine globale Praxis, die prinzipiell für alle gerecht ist. Ausgangspunkt der Debatte ist dabei die Frage nach der Verallgemeinerbarkeit grundlegender Prinzipien sozialer Gerechtigkeit, die zumindest innerhalb demokratischer Nationalstaaten gelten: Inwieweit kann der Anwendungsbereich innerstaatlicher Prinzipien sozialer Gerechtigkeit global ausgedehnt werden? Bestehen auf globaler Ebene andere, gegebenenfalls schwächere (...) Beziehungen moralischer Verantwortung, die entsprechend andere Prinzipien globaler sozialer Gerechtigkeit fordern? (shrink)

A new translation of Liu Xiang’s 劉向 Lienü zhuan 列女傳 is long overdue.1 And most of the translation by Anne Behnke Kinney, Exemplary Women of Early China: The Lienü Zhuan of Liu Xiang, is very well done indeed. At the same time, Kinney has made a series of odd and clearly intentional choices when translating the classic, choices worth querying. Most importantly, she insists on translating the classic as if it directly addressed its readers, even if this insistence rides roughshod (...) over the language used in the text, and flies in the face of the early evidence about both the composition of the text and the literary outputs of the woman, Ban Zhao 班昭.. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

Ackn o wledgments I owe special gratitude to Professors Hugo Adam Bedau and John Rawls for many helpful discussions of the general idea and scope, ...