Institutional review boards, tasked with facilitating ethical research, are often pulled in competing directions. In what we call the protection-inclusion dilemma, we acknowledge the tensions IRBs face in aiming to both protect potential research participants from harm and include under-represented populations in research. In this manuscript, we examine the history of protectionism that has dominated research ethics oversight in the United States, as well as two responses to such protectionism: inclusion initiatives and critiques of the term vulnerability. We look at (...) what we know about IRB decision-making in relation to protecting and including “vulnerable” groups in research and examine the lack of regulatory guidance related to this dilemma, which encourages protection over inclusion within IRB practice. Finally, we offer recommendations related to how IRBs might strike a better balance between inclusion and protection in research ethics oversight. (shrink)

Peterson, Karlawish, and Largent’s “Supported Decision Making with People at the Margins of Autonomy” brings welcome attention to the rights of people with cognitive impairment and provides...

There is a growing resurgence in the study of psychedelic medicines for the treatment of mental health and substance use disorders. However, certain early investigations are marred by questionable research methods, abuses against research participants, and covert Central Intelligence Agency financial involvement. The purpose of this study was to understand how and to what extent people of colour and other vulnerable populations, specifically, individuals who were incarcerated or incapacitated due to mental health issues, were exploited during the first wave of (...) psychedelic research in the USA. To do so, we reviewed available empirical publications according to current ethical standards. Variables of interest included race and ethnicity of participants, population vulnerability, drug administration conditions, informed consent and undue influence. Our findings draw attention to the history of research abuses against people of colour in Western psychedelic research. In light of these findings, we urge a call-to-action to current psychedelic researchers to prioritise culturally inclusive and socially responsible research methods in current and future studies. All data relevant to the study are included in the article. (shrink)

On the basis of an initial reference to a number of critical appraisals of H. Dooyeweerd’s philosophy, this article proceeds by provisionally focusing on the image of Franz Xavier Von Baader1 — who was intellectually active during the first part of the nineteenth century — in secondary literature . The main concern, however, is to enter into a more detailed evaluation of the claim made by J.G. Friesen,2 namely that all the basic systematic insights and distinctions found in the philosophy (...) of Herman Dooyeweerd are already present in the thought of Von Baader. That Dooyeweerd was indeed influenced by numerous philosophers and philosophical insights spanning the entire history of philosophy is beyond doubt. However, that there is any direct influence on his thought from Von Baader cannot be substantiated on the basis of the available sources even though it is not unlikely that he might have been aware of the existence of Von Baader. Both the quotations used by Friesen in support of his thesis and an extensive reading of the original Collected Works of Von Baader serve as a basis for the assessment of the claims made by Friesen. In fact, there are a number of philosophical distinctions found in the original works of Von Baader that, considered in isolation, are much closer to views of Dooyeweerd. However, once these are placed within the context of Von Baader’s thought, the striking and significant distance between the thought of Von Baader and Dooyeweerd once again become apparent. (shrink)

Traditionally the the problem of time considered the contrast between time (associated with succession) and eternity (associated with simultaneity) (from Parmenides, and via Plato, Aristotle, Plotinus, and Kierkegaard up to Wittgenstein and what theologians presuppose without being aware of it). It may appear as if time measurement can help us to understand what time is. However, the historical development of time measurement alternatively explored different routes – such as counting the days, weeks, months and years, establishing relative positions (the sundial), (...) employing the constant movement of a pendulum (mechanical clock work), and using the irreversibility of radio-active decay (atomic clocks). However, our awareness of time exceeds the confines of physical time. Just think of the heterogenous life cycle of living entities (coming into being, growing, maturing, ageing and dying) that differs from (homogenous) physical time. Likewise emotional time is different from physical time, for an hour can feel like five minutes and vice versa. Since Hegel introduced the concept of “geschichtliche Zeit” (historical time) thinkers like Kierkegaard, Jaspers, Heidegger, and many others followed this characterization. It will be argued that physical time cannot be elevated to true or the only genuine time. In order to substantiate this perspective other modes of time will be discussed – such as jural time. Since it appears that all definitions of “time” are simply definitions of diverse facets or modes of time, the Augustinian question still remains to be answered: what is time really? A possible answer to this question finally explores the multi-dimensional nature of time – acknowledging that there are idneed multiple modes of time and concludes by highlighting the difference between the diverse concepts of time we may have and the concept-transcending nature of the underlying dimensions of cosmic time, that is, the fact that ultimately we can approximate time solely in a concept-transcending idea. (shrink)

We are grateful to everyone who took the time to offer such insightful comments with regard to the protection–inclusion dilemma in research oversight. Nearly all respondents agreed that this dilemm...

The traditional understanding of abstraction operates on the basis of the assumption that only entities are subject to thought processes in which particulars are disregarded and commonalities are lifted out (the so-called method of genus proximum and differentia specifica). On this basis Frege criticized the notion of abstraction and convincingly argued that (this kind of) “entitary- directed” abstraction can never provide us with any numbers. However, Frege did not consider the alternative of “property- abstraction.” In this article an argument for (...) this alternative kind of abstraction is formulated by introducing a notion of the “modal universality” of the arithmetical and by developing it in terms of the distinction between type-laws (laws for entities – applicable to a limited class of entities) and modal laws (obtaining for every possible entity without any restriction). In order to substantiate this argument a case is made for the acceptance of an ontic foundation for the arithmetical (and other modes or functions of reality – with special reference to Cassirer, Bernays, Gödel and Wang), which, in the final section, serves to give an ontological account of (i) the connections between the arithmetical and other aspects of reality and (ii) the applicabality of arithmetic. In the course of the argument the impasse of logicism is briefly highlighted, while a few remarks are made with regard to the logical subject- object relation in connection with Frege's view that number attaches to a concept. S. Afr. J. Philos. Vol.22(1) 2003: 63-80. (shrink)

This article sets out to analyse some of the most basic elements of our number concept - of our awareness of the one and the many in their coherence with multiplicity, succession and equinumerosity. On the basis of the definition given by Cantor and the set theoretical definition of cardinal numbers and ordinal numbers provided by Ebbinghaus, a critical appraisal is given of Frege’s objection that abstraction and noticing (or disregarding) differences between entities do not produce the concept of number. (...) By introducing the notion of subject functions, an account is advanced of the (nominalistic) reason why Frege accepted physical, kinematic and spatial properties (subject functions) of entities, but denied the ontic status of their quantitative properties (their quantitative subject function). With reference to intuitionistic mathematics (Brouwer, Weyl, Troelstra, Kreisel, Van Dalen) the primitive meaning of succession is acknowledged and connected to an analysis of what is entailed in the term ‘Gleichzahligkeit’ (‘equinumerosity’). This expression enables an analysis of the connections between ordinality and cardinality on the one hand and succession and wholeness (totality) on the other. The conceptions of mathematicians such as Frege, Cantor, Dedekind, Zermelo, Brouwer, Skolem, Fraenkel, Von Neumann, Hilbert, Bernays and Weyl, as well as the views of the philosopher Cassirer, are discussed in order to arrive at an assessment of the relation between ordinality and cardinality (also taking into account the relation between logic and arithmetic) - and on the basis of this evaluation, attention is briefly given to the definition of an ordered pair in axiomatic set theory (with reference to the set theory of Zermelo-Fraenkel) and to the defmition of an ordered pair advanced by Wiener and Kuratowski. (shrink)

In spite of differences the thought of Bernays, Dooyeweerd and Gödel evinces a remarkable convergence. This is particularly the case in respect of the acknowledgement of the difference between the discrete and the continuous, the foundational position of number and the fact that the idea of continuity is derived from space (geometry – Bernays). What is furthermore similar is the recognition of what is primitive (and indefinable) as well as the account of the coherence of what is unique, such as (...) when Gödel observes something quasi-spatial character of sets. It is shown that Dooyeweerd’s theory of modal aspects provides a philosophical framework that exceeds his own restrictive understanding of infinity )to the potential infinite) and at the same time makes it possible to account for key insights found in the thought of Bernays and Gödel. When Laugwitz says that discreteness rules within the sphere of the numerical, he says nothing more than what Dooyeweerd had in mind with his idea that discrete quantity, as the meaning-nucleus of the arithmetical aspect, qualifies every element within the structure of the quantitative aspect. And when Bernays says that analysis expresses the idea of the continuum in arithmetical language his mode of speech is equivalent to saying that mathematical analysis could seen as being founded upon the spatial anticipation within the modal structure of the arithmetical aspect. The view of the actual infinite (the at once infinite) in terms of an “as if” approach (Bernays), that is, as appreciated as a regulative hypothesis through which every successively infinite multiplicity of numbers could be envisaged as being giving all at once, as an infinite totality, provides a sound understanding of the at once infinite and makes it plain why every form of arithmeticism fails. Such attempts have to call upon Cantor’s proof on the non-denumerability of the real numbers – and this proof pre-supposes the use of the at once infinite which, in turn, pre-supposes the (irreducibile) spatial order of simultaneity and the patial whole-parts relation. (shrink)

The recent publication of a special number of the SAJP dedicated to a discussion of Samantha Vice’s thoughts on being a white South African prompted this reflection on justice, equity and the modern idea of the state – against the background of moral feelings of guilt and shame, cultural diversity and merging identities. Its aim is to provide a perspective on the unity of the public legal order of the state, the distinct meaning of citizenship and affirmative action in terms (...) of the distinction between constitutive and regulative legal principles also helping white South Africans to understand how affirmative action relates to injustices of the past. The classical understanding of equity will play a key role in this discussion, aimed at showing how we can avoid the apparent impasse of equality before the law and of “fair discrimination.”. (shrink)

By taking serious a remark once made by Paul Bernays, namely that an account of the nature of rationality should begin with concept-formation, this article sets out to uncover both the restrictive and the expansive boundaries of rationality. In order to do this some implications of the perennial philosophical problem of the “coherence of irreducibles” will be related to the acknowledgement of primitive terms and of their indefinability. Some critical remarks will be articulated in connection with an over-estimation of rationality (...) – concerning the influence of Kant's view of human understanding as the formal law-giver of nature (the supposedly “rational structure of the world”), and the apparently innocent (subjectivist) habit to refer to experiential entities as 'objects'. The other side of the coin will be highlighted with reference to those kinds of knowledge transcending the limits of concept-formation – culminating in formulating the four most basic idea-statements philosophy can articulate about the universe. What is found “in-between” these (restrictive) and (expansive) boundaries of rationality will then briefly be placed within the contours of a threefold perspective on the self-insufficiency of logicality – as merely one amongst many more dimensions conditioning human life. Although the meaning of the most basic logical principles – such as the logical principles of identity, non-contradiction and sufficient reason – will surface in our analysis, exploring some of the complex issues in this respect, such as the relationship between thought and language, will not be analysed. The important role of solidarity – as the basis of critique – will be explained and related both to the role of immanent criticism in rational conversation and the importance of acknowledging what is designated as the principle of the excluded antinomy (which in an ontic sense underlies the logical principle of non-contradiction). The last section of our discussion will succinctly illuminate the proper place of the inevitable trust we ought to have in rationality – while implicitly warning against the rationalistic over-estimation of it (its degeneration into a rationalist “faith in reason”). Our intention is to enhance an awareness of the reality that rationality is embedded in and borders on givens which are not open to further “rational” exploration – givens that both condition (in a constitutive sense) and transcend the limits of conceptual knowledge. Some of the distinctions and insights operative in our analysis are explained in Strauss 2000 and 2003. Yet, most of the systematic perspectives found in this analysis of rationality are only developed in this article for the first time. Since a different study is required to discuss related problems and results found within cognitive science, it cannot be discussed within one article. S. Afr. J. Philos. Vol.22(3) 2003: 247–266. (shrink)

Philosophy, political philosophy and legal philosophy are all concerned with issues of justice and the validity of law (also known as the force of law ). These two problem areas are discussed against the background of the intersection of traditional theories of natural law and legal positivism, mediated by the contribution of the historical school. In addition the influence of the two neo-Kantian schools of thought (Baden and Marburg) required attention, particularly because certain elements in the thought of Derrida, Dooyeweerd (...) and Habermas are (implicitly) influenced by these schools. Derrida positions the problem of justice within the context of distinguishing universality and singularity (what is unique) and he alludes to the difficulty of bridging the gap between the two. It turned out that modern nominalism had an important effect on all three of the mentioned thinkers, in spite of their willingness to recognize “extra-mental” forms of universality. The problem of legal validity (the “force of law”) appears to be an instance of the interconnectedness between different aspects of reality, namely the jural and the physical . In order to account for this coherence Dooyeweerd developed a theory in which both the uniqueness and coherence between different aspects are explained in terms of inter-modal analogies. On this basis the difference between law and justice is specified by distinguishing between constitutive legal principles and the regulatively deepened (disclosed) principles of legal morality (such as f ault, equity, bona fides and so on). It will be shown that the idea of positivization , shared by thinkers coming from different backgrounds, is an important ingredient of an understanding of the nature of legal validity . Explaining it will require a focus on the nature of state law, of the power of the state, and of the legal competence entailed in the office of government. (shrink)

With Habermas it is important to realize that one has to differentiate between moral and non-moral (a-moral) norms, which is different from what is immoral. However, since the Renaissance reflections on human freedom were caught up in the dialectic of necessity (nature) and freedom. A brief sketch is given of the development of this dialectic within modern philosophy – as it was manifested in the thought of Descartes, Hobbes, Leibniz, Locke, Berkely, Hume, Kant, Schelling, Hegel, Comte, Marxism, the Baden school (...) of neo-Kantianism (Windelband, Rickert, Weber) and existentialism (Jaspers, Merleau-Ponty). The influence of the neo-Kantian opposition of facts and values within social thought is briefly highlighted, followed by a brief characterization of the normative inclination of human beings. Then some of the problems entailed in the modern concept of freedom are analyzed in relation to the idea of autonomy. This idea is burdened by the problem that the conditions for being human have to coincide with what meets these conditions, namely the human being. In addition it is difficult to derive collective norms from the autonomy of a single individual. The alternative avenue suggested by the idea of ontic normativity will be investigated in a separate article, exploring the way towards a more integral understanding of normativity. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals . The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. (...) It concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal , before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, ( enforced ) through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized (given a positive form or shape ). The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law , historicism and the shortcomings present in the idea of a social construction of the world . The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals. The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. It (...) concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal, before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized . The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law, historicism and the shortcomings present in the idea of a social construction of the world. The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

The founding of the Lowell Observatory has been neglected by historians in favour of Lowell's Martian research. Important in its own right, the founding must be understood in the scientific and cultural context of the 1890s. The cultural institutions of Boston, especially Harvard College, facilitated the collaboration between Lowell and W. H. Pickering which was necessary to launch the new observatory. While Lowell turned to Harvard and the Pickering brothers for expertise, he also struggled to protect his observatory's autonomy against (...) the imperial ambitions of the larger institution. Without Lowell's determination, the Lowell Observatory might very well have become, like Arequipa, another station in Harvard network. (shrink)

Ignoring primitive terms leads to an infinite regress. The alternative is to account for an intuitive understanding into the meaning of such terms. The current investigation proceeds on the basis of an idea of the structure of the various modes of being within which concrete entities function. Examples of primtive terms are given from disciplines such as mathematics, physics and logic and they are related to the general idea of a modal aspect. It is argued that primitive terms are not (...) isolated but reveal their meaning only through their interconnections with other primitive terms that are embedded in other modal aspects. However, although primitive terms are found within the various aspects, the meaning of an aspect only comes to expression through its coherence with other aspects, evinced in modal analogies that are qualified by the core meaning of an aspect. There appears to be two options, either reduce what is irreducible or merely provide synonymous terms for given primitives. The former happens when other unique terms are used to define a specific one and the latter when the attempted ‘definitions’ revert to terms with which the original terms could be meaningfully replaced. It is been pointed out that the coherence between primitives invites every academic discipline to account for the meaning attached to the analogies of primitive terms it is employing, without exploring this additional theme any further. (shrink)

Since the discovery of the paradoxes of Zeno, the problem of infinity was dominated by the meaning of endlessness—a view also adhered to by Herman Dooyeweerd. Since Aristotle, philosophers and mathematicians distinguished between the potential infinite and the actual infinite. The main aim of this article is to highlight the strengths and limitations of Dooyeweerd’s philosophy for an understanding of the foundations of mathematics, including Dooyeweerd’s quasi-substantial view of the natural numbers and his view of the other types of numbers (...) as functions of natural numbers. Dooyeweerd’s rejection of the actual infinite is turned upside down by the exploring of an alternative perspective on the interrelations between number and space in support of the idea of infinite totalities, or infinite wholes. No other trend has succeeded in justifying the mathematical use of the actual infinite on the basis of an analysis of the intermodal coherence between number and space. (shrink)

The Systems Theory is a complex theory (yet it is not identical to recent theories of complexity). The intention of this qualification is to demonstrate that the concept of a system is a complex basic concept of scientific thinking. This means that it is defined in terms of various elementary basic concepts brought together in its explication. The definition given by Von Bertalanffy to the concept of a system employs conceptual elements coming from at least five prominent conceptual clusters. In (...) order to highlight the nature and interrelations between these clusters this article focuses upon perennial philosophical issues which present themselves within the definition of a system. They are those of stability and change, the one and the many (unity and multiplicity), the whole and its parts, and the relation between the material and the vital. An analysis of the interrelations between these clusters provides the basis for an assessment of the scope and limitations Von Bertalanffy's concept of a system. S. Afr. J. Philos. Vol.21(3) 2002: 163-179. (shrink)

In early modern philosophy the motive of logical creation emerged in reaction to the Greek-Medieval legacy of a realistic metaphysics. The dominant nominalistic trends of thought since Thomas Hobbes and Immanuel Kant explored its rationalistic implications. The latter drew the radical (humanistic) conclusion that the laws of nature are present in human thought a priori (i.e. before all experience). The irrationalistic side of nominalism emphasized the uniqueness and individuality of events – thus leading to the historicism of the 19th century (...) and the subsequent linguistic turn. Kant influenced Husserl who, in turn, provided the point of departure for the ideas of Schutz, Berger and Luckmann – compare the joint work of Berger and Luckmann: Social construction of reality (1967). The contemporary “postmodern” idea that we create the world in which we live (either through thought, through language or through social practices) merely continues core elements of (early) modern philosophy. The underlying idea of autonomy highlights the difference between modern Humanism and a Christian view of reality, for in the latter human subjectivity is appreciated as being correlated with universal and constant principles that can only assume a positive shape through human activities of positivization (form-giving). The autonomy ideal of modern Humanism reifies the typical human freedom to positivize underlying principles. At the same time this reification on the one hand collapses the distinction between conditions and being conditioned and on the other it does not provide a basis for supra-individual standards of behaviour. (shrink)

An overview of the history of the concept of matter highlights the fact that alternative modes of explanation were successively employed. With the discovery of irrational numbers the initial conviction of the Pythagorean School collapsed and was replaced by an exploration of space as a principle of understanding. This legacy dominated the medieval period and had an after-effect well into modernity—for both Descartes and Kant still characterized matter in spatial terms. However, even before Galileo the mechanistic world view slowly entered (...) the scene—the world as chaos, particles in motion. Elevating movement to become the guiding principle in our understanding of matter dominated the main tendency of modern physics until the (end of the) 19th century. The discovery of irreversible processes (radio-activity for example) directed 20th century physics towards an exploration of the meaning of energy-operation. It turned out that even within 20th century physics long-standing legacies prevailed, because an account of the nature of matter continued to be torn apart by atomistic and holistic views—confronted by the problem of constancy and change (radical transformability versus persistence). Concrete, material reality exceeds the scope of any single mode of explanation—an insight that also serves a better understanding of the wave-particle duality. (shrink)

Because Gadamer is very sensitive to the role of history, tradition and authority within human life, the overall intention of this article will be to unveil major elements of modern philosophy which exerted an influence upon his thought. In this sense it can be seen as applying his notion of 'Wirkungsgeschichte' to an assessment of certain aspects of his own thought. Particularly in his view on causality and history Gadamer illustrates the intimate connection of his thought with the dialectics of (...) nature and freedom. S. Afr. J. Philos. Vol.21(4) 2002: 291-305. (shrink)