In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent as proposed in the European Data protection regulation will further weaken the (...) effectiveness of the consent mechanism. Building on Miller and Wertheimer’s ‘Fair Transaction’ model of consent we will examine alternatives to explicit consent. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

Slavoj Zizek ist einer der prominentesten linken Intellektuellen. Der Sammelband lädt ein, Zizeks Ideen kritisch zu diskutieren, insbesondere sein Verständnis von Politik, politischen Organisationen und dem (vergangenen, gegenwärtigen und zukünftigen) Staat.

Various philosophers and evolutionary biologists have recently defended the thesis that species are individuals rather than sets. A decade of debates, however, did not suffice to settle the matter. Conceptual analysis shows that many of the key terms involved are ambiguous. Current disagreements should dissolve once this is recognized. Explication of the concepts involved leads to new programs for philosophical research. It could also help biology by showing how extant controversies concerning evolution may have conceptual rather than factual roots.

Apparently factual disagreement on the level at which selection operates often results from different interpretations of the term “selection”. Attempts to resolve terminological problems must come to grips with a dilemma: a narrow interpretation of “selection” may lead to a restricted view on evolution; a broader, less precise, definition may wrongly suggest that “selection” is the centre of a unified, integrated theory of evolution. Different concepts of selection, therefore, should carefully be kept apart.

The inherent normativity of HTA can be conceptualized as a result of normative commitments, a concept that we further specify to encompass moral, epistemological and ontological commitments at play in the practice of HTA. Based on examples from literature, and an analysis of the example of assessing Non-Invasive Prenatal Testing (NIPT), we will show that inevitable normative decisions in conducting an assessment commits the HTA practitioner to moral (regarding what makes a health technology desirable), ontological (regarding which effects of health (...) technology are conceivable), and epistemological (regarding how to obtain reliable information about health technology) norms. This highlights and supports the need for integrating normative analysis and stakeholder participation, providing guidance to HTA practitioners when making normative choices. This will foster a shared understanding between those who conduct, use, or are impacted by assessments regarding what are conceivable and desirable outcomes of using health technology, and how to collect reliable information to assess whether these outcomes are (going to be) realized. It also provides more insight into the implications of different normative choices. (shrink)

David Hitchcock and Bart Verheij (eds): Arguing on the Toulmin Model. New Essays in Argument Analysis and Evaluation Content Type Journal Article Pages 1-13 DOI 10.1007/s10503-011-9214-y Authors Lester C. van der Pluijm, University of Amsterdam, Amsterdam, The Netherlands Jacky C. Visser, University of Amsterdam, Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

This is an attempt at reviving Kneale's version of the description theory of names, which says that a proper name is synonymous with a definite description of the form ‘the individual named so-and-so’. To begin with, I adduce a wide range of observations to show that names and overt definites are alike in all relevant respects. I then turn to Kripke's main objection against Kneale's proposal, and endeavour to refute it. In the remainder of the paper I elaborate on Kneale's (...) analysis, adopting a theory of presupposition proposed by van der Sandt. (shrink)

Moral case deliberation (MCD) is a specific form of clinical ethics, aiming to stimulate ethical reflection in daily practice in order to improve the quality of care. This article focuses on the implementation of MCD in nursing homes and the questions how and where to organize MCD. The purpose of this study was to evaluate one way of organizing MCD in two Dutch nursing homes. In both of these nursing homes the MCD groups had a heterogeneous composition and were organized (...) apart from existing institutional communication structures. As part of a naturalistic evaluation, systematic observations, interviews and focus groups were completed. The findings indicate that the heterogeneous composition and MCD meetings separate from existing structures have benefits. However, the participants also reported negative experiences. This gives rise to the question whether a mixed MCD group which meets separately is an effective way to embed MCD as an instrument for reflection on moral issues in daily practice. We conclude that there is no single answer to that question. In the end, the two implementation strategies (i.e. within existing communication structures and a mixed MCD group) can be complementary to each other. (shrink)

Epistemic logic has grown from its philosophical beginnings to find diverse applications in computer science, and as a means of reasoning about the knowledge and belief of agents. This book provides a broad introduction to the subject, along with many exercises and their solutions. The authors begin by presenting the necessary apparatus from mathematics and logic, including Kripke semantics and the well-known modal logics K, T, S4 and S5. Then they turn to applications in the context of distributed systems and (...) artificial intelligence. These include the notions of common knowledge, distributed knowledge, explicit and implicit belief, the interplays between knowledge and time, and knowledge and action, as well as a graded (or numerical) variant of the epistemic operators. The authors also discuss extensively the problem of logical omniscience. They cover Halpern & Moses' theory of honest formulas, and they make a digression into the realm of nonmonotonic reasoning and preferential entailment. They discuss Moore's autoepistemic logic, together with Levesque's related logic of "all I know". Furthermore, they show how one can base default and counterfactual reasoning on epistemic logic. Graduate students in philosophy or in computer science, especially those with an interest in AI, will find this book useful. (shrink)

The next World Congress of Bioethics will be held in Doha, Qatar. Although this location provides opportunities to interact with a more culturally diverse audience, to advance dialogue between cultures and religions, offer opportunities for mutual learning, there are also huge moral concerns. Qatar is known for violations of human rights ‐ including the treatment of migrant workers and the rights of women ‐ corruption, criminalization of LGBTQI+ persons, and climate impact. Since these concerns are also key (bio)ethical concern we (...) call for a broad debate within the bioethics community whether organizing and attending the World Congress in Qatar is ethically problematic and how ethical concerns should be dealt with. (shrink)

Nursing Ethics has published several pleas for care ethics and/or relationality as the most promising ethical foundation for midwifery philosophy and practice. In this article, we stand by these calls, contributing to them with the identification of the structural form of violence that a care ethical relational approach to reproductive care is up against: that of “maternal separation”. Confronted with reproductive and obstetric violence globally, we show that a hegemonic racialized, instrumentalized, and individualized conception of pregnancy is responsible for a (...) severance of relationalities that are essential to safe reproductive care: (1) the relation between the person and their child or reproductive capabilities; and (2) the relation between the pregnant person and their community of care. We pinpoint a separation of the maternal relation in at least two discursive domains, namely, the juridical-political and the ethical-existential. Consequently, we plea for a radical re-imagination of maternal relationality, envisioning what care ethical midwifery, including abortion care, could be. (shrink)

In this book van der Leeuw discusses the horizontal path to God and the vertical paths descending from God and ascending to Him. If God Himself appears, it is in a totally different manner, which results not in intelligible utterance, but in proclamation; and it is with this that theology has to deal." Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. (...) These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The sense of agency has received much attention in the context of individual action but not in the context of joint action. We investigated how the sense of agency developed during individual and dyadic performance while people learned a haptic coordination task. The sense of agency increased with better performance in all groups. Individuals and dyads showed a differential sense of agency after initial task learning, with dyads showing a minimal increase. The sense of agency depended on the context in (...) which the task was first learnt, as transfer from joint to individual performance resulted in an illusory boost in the sense of agency. Whereas the quality of performance related to the sense of agency, the generated forces to achieve the task did not. Our findings are consistent with a predictive model account at the perceptual level, such that the sense of agency relies most strongly on sharable perceptual information. (shrink)

One widespread argument against the efficacy of subjective well-being as a measure of well-being is the adaptation problem as formulated by Sen and Nussbaum: the phenomenon that people may adapt to deprivation and find satisfaction or happiness in objectively bad circumstances. It is not generally noticed that there are two distinct arguments for why the phenomenon of adaptation is a problem for subjective well-being as a measure of well-being. The Axiological Adaptation Argument is a counter-example to theories of well-being that (...) rely on mental states. The Epistemic Adaptation Argument illustrates that levels of happiness or satisfaction cannot be measured well when people have adapted. I argue that the most serious threat to subjective well-being measures is not the Axiological Argument, but the Epistemic Argument. I reflect on the implications the epistemic problem has for the empirical literature in general, and for research on the phenomenon of adaptation in particular. (shrink)

Expanded universal carrier screening (EUCS) entails a population‐wide screening offer for multiple disease‐causing mutations simultaneously. Although there is much debate about the conditions under which EUCS can responsibly be introduced, there seems to be little discussion about its aim: providing carrier couples with options for autonomous reproductive choice. While this links in with current accounts of the aim of foetal anomaly screening, it is different from how the aim of ancestry‐based carrier screening has traditionally been understood: reducing the disease burden (...) in the population. The reasons why the aim of EUCS is presented in terms of ‘autonomy’ rather than ‘prevention’ have not been spelled out in the literature. This paper seeks to fill this gap by considering the morally relevant similarities and dissimilarities between foetal anomaly screening, ancestry‐based carrier screening and EUCS. When carrier screening is performed in the prenatal period, enhancing autonomy appears the most appropriate aim of EUCS, as the alternative of ‘prevention through selective abortion’ would urge women to terminate wanted pregnancies. However, when screening is conducted in the preconception period, carrier couples can avoid the birth of affected children by other means than selective abortion, for instance preimplantation genetic diagnosis. To the extent that this increased control over passing on a genetic disorder raises questions of parental responsibility, it seems necessary that the account of the aims of EUCS is wider than only in terms of enhancing reproductive autonomy. (shrink)

Both the concept of a Darwinian tree of life (TOL) and the possibility of its accurate reconstruction have been much criticized. Criticisms mostly revolve around the extensive occurrence of lateral gene transfer (LGT), instances of uptake of complete organisms to become organelles (with the associated subsequent gene transfer to the nucleus), as well as the implications of more subtle aspects of the biological species concept. Here we argue that none of these criticisms are sufficient to abandon the valuable TOL concept (...) and the biological realities it captures. Especially important is the need to conceptually distinguish between organismal trees and gene trees, which necessitates incorporating insights of widely occurring LGT into modern evolutionary theory. We demonstrate that all criticisms, while based on important new findings, do not invalidate the TOL. After considering the implications of these new insights, we find that the contours of evolution are best represented by a TOL. (shrink)

Many researchers studying subjective wellbeing (SWB) understand SWB as a concept that is close to Bentham’s notion of happiness. This conception of happiness is philosophically controversial, because it treats pleasure as a homogenous experience. I analyze an important deviation from Bentham in John Stuart Mill’s Utilitarianism and its relevance for SWB research: qualitative differences in pleasurable experiences. I argue that in cases where lives involving qualitatively different experiences are compared, Mill’s qualitative perspective is incompatible with an important assumption in the (...) SWB literature: that happiness can be meaningfully rated by people on a scale. I illustrate the problem by means of the question of whether becoming a parent makes people happier. I analyze whether the problem can be avoided on alternative views of happiness, but argue that on all plausible accounts of happiness, the problem persists. I conclude that the problem it poses for self-reported happiness is genuine and should be acknowledged by SWB researchers. I end by discussing the ways in which this conclusion can help the study of happiness move forward. (shrink)

Courses on ethics and technology have become compulsory for many students at the three Dutch technical universities during the past few years. During this time, teachers have faced a number of didactic problems, which are partly due to a growing number of students. In order to deal with these challenges, teachers in ethics at the three technical universities in the Netherlands — in Delft, Eindhoven and Twente — have developed a web-based computer program called Agora (see www.ethicsandtechnology.com). This program enables (...) students to exercise their ethical understanding and skills extensively. The program makes it possible for students to participate actively in moral reflection and reasoning, and to develop the moral competencies that are needed in their later professional practice. The developers of the program have tried to avoid two traps. Firstly, they rejected, from the outset, a cookbook style of dealing with ethical problems that applied ethics is often taken to be and, secondly, they wanted to design a flexible program that respects the student’s as well as the teacher’s creativity, and that tries to engage students in moral reflection. Agora meets these requirements. The program offers possibilities that extend beyond the requirements that are usually accepted for case-exercises in applied ethics, and that have been realised in several other computer models for teaching ethics. In this article, we describe the main considerations in the development of Agora and the features of the resulting program. (shrink)

In the Netherlands fertility doctors increasingly formulate protocols, which oblige patients to quit their unhealthy lifestyle before they are admitted to IVF procedures. We argue that moral arguments could justify parenting protocols that concern all future parents. In the first part we argue that want‐to‐be parents have moral responsibilities towards their future children to prevent them from harm by diminishing or eliminating risk factors before as well as during the pregnancy. This is because of the future children's potential to become (...) of a certain type, more specifically: a person that will be the want‐to‐be parents' child. Want‐to‐be parents intend to become pregnant and therefore have an additional moral reason to diminish the risks. Also, people who become pregnant unintentionally have the responsibility to prevent their children from harm, unless they become pregnant due to contraception failure. All people not wanting to become pregnant should use contraception methods carefully.In the second part of this paper we translate the want‐to‐be parents' responsibilities into practice. We distinguish four determinants of risk factors: modifiability, chance, severity and effort. We examine some evidence‐based risk factors based on these variables and deduce levels of responsibility.In conclusion, formulating informal requirements for want‐to‐be parents is morally required and therefore also for want‐to‐be parents in need of medical assistance. The protocols developed by fertility doctors in the Netherlands could be seen as the precursor for a general, informal Parenting Protocol that could be developed on the basis of an extended and thoroughly debated risk‐responsibility analysis. (shrink)

This paper questions the extension of the common notion of violence, i.e., “subjective violence,” involving the intentional use of force to inflict injury or damage, towards social injustice as “systemic violence.” Systemic violence is altogether unlike subjective violence and the work of Slavoj Žižek illustrates that conceptual obfuscation in this regard may lead to an overly broad and facile justification of revolutionary violence as counter-violence to systemic violence, appealing to the ethics of self-defense. I argue that revolutionary violence is only (...) justified to counter subjective violence inflicted or organized by the state. Thus I reject in conclusion Žižek’s further defense of revolutionary violence as retributive and as “shock therapy” necessary to disrupt the old society. (shrink)

Within the tradition of what is called 'the ontological Kant interpretation' the aimof this article is to show that development in Kant's writings before 1770 can be understood on the basis of an explanation of the meaning of the concept of 'real repugnance. In order to meet the shortcomings of a pure logical approach of philosophy Kant emphasizes 'real repugnant' relations, which are to be found in different areas of philosophy, in contrast to logical repugnance . While trying to determine (...) the meaning and role of real repugnance in relation to his metaphysical views of force , space and time and judgement, Kant is forced to renew and to make explicit his view of the relation between experience and metaphysics. Although he recurrent topic of repugnance may be a motive for the development towards a critical approach of philosophy, that establishes new relations between logic, metaphysics and practical philosophy in Critique of Pure Reason, the meaning and function of the concept remain unaffected. (shrink)

This paper sketches the ambitious outlines of an assessment of the place of Russian philosophy in philosophical history ‘at large’, i.e. on a global and world-historical scale. At the same time, it indicates, rather modestly, a number of elements and aspects of such a project. A retrospective reflection and reconstruction is not only a recurrent phenomenon in philosophical culture (which, the author assumes, has become global), it also is, by virtue of its being a philosophical reflection, one among many possible (...) perspectives. The central claim of the paper is that the key to an assessment of the world-historical place of Russian philosophy is to be found in the Soviet period, not only because it was, through its isolation policy and its subordination of philosophy to political and ideological goals, a determining factor for a large part of the 20th century, but also, and more importantly, because it has systematically distorted the perception of Russia’s philosophical history, including of the Soviet episode itself. The very undoing of these distortions, however, risks becoming a distortion because of, on the one hand, a demonization of the Soviet factor and, on the other hand, a disregard for its philosophical and meta-philosophical relevance. (shrink)

Harry van der Linden's review of: Welfare in the Kantian State. By Alexander Kaufman. Oxford: Oxford University Press, 1999. Pp.xii, 179. ISBN 0-19-829467-0. £42.50, $45.00.