Activists and academics have clamoured for the decolonisation of knowledge, including law. But, unfortunately hardly anyone has put forth strategies for how faculties should decolonise the law. A number of jurists have underscored the necessity to draw on customary laws and traditional values. Still, the #RhodesMustFall movement has, for the most part, been loud on the outcomes, but quiet on the methodologies. Joining the conversation on the decolonisation of epistemologies, this article contributes to the ongoing efforts to sanitise the law (...) by proposing to revive African oral storytelling cultures as a way to analyse the questions of law facing society. To live up to this task, this article adopts decolonial theory and, through stylised examples, illustrates how lawyers and social scientists in Africa can utilise storytelling to contextualise, construct, and comprehend those questions. This article assumes that lawyers can use African storytelling alongside the prevailing doctrinal method. That method, relaying the coloniality of law and captured by the acronym IRAC, rules, application, and conclusion), trains students to approach conflict in society through a highly abstract and decontextualised problem-solving model. Lately, some social scientists have discovered the practicality of storytelling in presenting analysis and research. However, in African oral traditions, stories worked differently from the manner in which those scientists employ them. African storytelling played a leading role, not only in conveying collective wisdom and social memory from one generation to the next, but also as a medium through which communities transmit the values that hold them together.Contribution: This article adds to the scholarship on storytelling and narratology by showing how educators can utilise stories to analyse legal questions. That rich scholarship in the humanities and the social sciences has so far not taken seriously the possibility of using stories to analyse research problems. Instead, scholars focus on storytelling mainly as a way of presenting science, not as an analytical tool. This article bridges that gap and demonstrates the analytical value of storytelling. (shrink)

Berikut ini diperkenalkan tiga buku yang ditulis oleh para dosen Sekolah Tinggi Filsafat dan Teologi Widya Sasana di Malang tentang bagaimana Gereja Katolik perlu menempatkan diri dalam ruang publik Indonesia. Fokus buku pertama, tulisan Prof. Dr. Armada Riyanto (2014), adalah ajaran sosial Gereja Katolik, jadi ajaran mengenai bagaimana Gereja Katolik memahami panggilannya dalam masyarakat yang sekaligus menjadi ruang publiknya. Sepintas alur buku ini dapat mem- bingungkan karena penulis suka melancong ke pelbagai bidang sam- pingan, apalagi ia tidak menjelaskan susunan bukunya. (...) Namun kekaya- an buku ini justru terletak dalam luasnya acuan, penjelasan pelbagai latar belakang, serta perhatian pada konteks-konteks ajaran sosial Gereja yang diangkat penulis. Dengan demikian pembaca dibantu dalam mencari bagaimana umat Katolik Indonesia dapat memberikan sum- bangannya bagi bangsanya dalam segala pergulatannya. Bagian kedua, mulai dari bab ke-10, memasuki situasi umat Katolik Indonesia sebagai minoritas yang sepertinya masih “kurang memiliki” (187). Bertolak dari catatan bahwa waktu Congregatio Missionis (Romo-romo CM) mengam-bil alih wilayah Jawa Timur dari romo-romo Yesuit hanya ada 40 umat Katolik Jawa tercatat (hal. 203), bab 11 menjelaskan kesulitan yang dialami Gereja Katolik sejak dari permulaan abad ke-19 dalam bergiat di Hindia Belanda. Namun kemudian dijelaskan bagaimana orang Katolik Jawa, di antara- nya Pak Kasimo, sebelum Kemerdekaan sudah berjuang sebagai nasionalis Indonesia tulen. Bagian ketiga, dimulai dari bab 12, membahas sifat dialogal ajaran sosial Gereja dalam pelbagai dimensi. Bahwa iman dan teologi Gereja secara hakiki bersifat dialogal merupakan kesadaran teologis (dan sosiologis) baru. Daripada hanya berpegang teguh pada suatu ajaran yang sudah membatu menjadi tradisi, lalu dibawa begitu saja ke dalam dunia, Gereja menyadari bahwa iman maupun teologinya selalu bergerak dalam medan masyarakat di mana Gereja berhadapan dengan segala macam pemikiran dan tanta-ngan. Dengan sifat dialogal dimaksud bahwa iman dan teologi Gereja mau tak mau terwujud dalam menghadapi tantangan-tantangan itu. Kekuatan buku Prof. Armada ini adalah bahwa ia menempatkan ajaran sosial Gereja yang pokok-pokoknya sudah sering diuraikan ke dalam pelbagai konteks, dengan implikasi-implikasi dan acuan pada pelbagai pengalaman Gereja. Pembaca menemukan banyak petunjuk bagaimana ajaran sosial Gereja Katolik dapat menjadi inspirasi bagi umat Katolik Indonesia. Ada juga beberapa kelemahan. Tidak ada daftar nama. Dan barangkali cakupan uraiannya terlalu luas. Misalnya uraian panjang lebar tentang paham Platon dan Aristoteles tentang keadilan sebenarnya kurang relevan, begitu pula uraian tentang perkembangan pemikiran filosofis tentang demokrasi. Padahal pertanyaan sangat relevan, yang muncul di banyak negara, bagaimana sebuah minoritas berpartisipasi dalam sistem demokrasi tidak didiskusilan. Mengapa fungsi suatu Partai Katolik di Indonesia tidak diangkat, padahal seku- rang-kurangnya sudah tiga kali menjadi debat besar dan panas dalam umat Katolik Indonesia: 1960 di zaman demokrasi terpimpin, 1971 sesudah pemilihan umum pertama di bawah presiden Suharto, dan 1999 di masa reformasi. Betul, persepsi “kemiskinan struktural” dibuka dengan Rerum Novarum (h. 24), tetapi istilah itu sendiri tidak ditemukan di dalamnya, melainkan berasal dari teologi pembebasan. Karena penulis menganggap “pluralisme” tak punya arti di luar “pluralitas,” penulis tidak masuk ke dalam kontroversi tajam tentang pluralisme di Indone- sia. Fatwa MUI tentang pluralisme tidak didiskusi-kan. Uraian panjang tentang pendidikan Katolik yang sangat optimis tinggal normatif. Padahal dalam kenyataan Gereja Katolik, juga di Indonesia, biasanya justru mempertahankan pegangan eksklusif atas pendidikan. Dalam kaitan ini seharusnya penolakan UU Sisdiknas — dengan keharusan memberikan pelajaran agama kepada para siswa sesuai dengan agama mereka — oleh sebagian besar penanggap Katolik didiskusikan. Namun kekurangan-kekurangan ini tidak menghilangkan bahwa buku ini amat memperkaya pustaka Katolik berbahasa Indonesia tentang panggilan Gereja, juga panggilan Gereja Indonesia, dalam masyarakat (Franz Magnis-Suseno, Guru Besar Ilmu Filsafat Emeritus, Sekolah Tinggi Filsafat Driyarkara, Jakarta). (shrink)

Since its publication in 1959, Individuals has become a modern philosophical classic. Bold in scope and ambition, it continues to influence debates in metaphysics, philosophy of logic and language, and epistemology. Peter Strawson's most famous work, it sets out to describe nothing less than the basic subject matter of our thought. It contains Strawson's now famous argument for descriptive metaphysics and his repudiation of revisionary metaphysics, in which reality is something beyond the world of appearances. Throughout, Individuals advances some highly (...) influential and controversial ideas, such as 'non-solipsistic consciousness' and the concept of a person a 'primitive concept'. (shrink)

First published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

There is a growing body of writing, for instance from the nursing profession, espousing an approach to ethics based on care. I suggest that this approach is hopelessly vague and that the vagueness is due to an inadequate analysis of the concept of care. An analysis of 'care' and related terms suggests that care is morally neutral. Caring is not good in itself, but only when it is for the right things and expressed in the right way. 'Caring' ethics assumes (...) wrongly that caring is good, thus it can tell us neither what constitutes those right things, nor what constitutes the right way. (shrink)

The use of the Quality Adjusted Life-Year (QALY) as a measure of the benefit obtained from health care expenditure has been attacked on the ground that it gives a lower value to preserving the lives of people with a permanent disability or illness than to preserving the lives of those who are healthy and not disabled. The reason for this is that the quality of life of those with illness or disability is ranked, on the QALY scale, below that of (...) someone without a disability or illness. Hence we can, other things being equal, gain more QALYs by saving the lives of those without a permanent disability or illness than by saving the lives of those who are disadvantaged in these ways. But to do so puts these disadvantaged people under a kind of double jeopardy. Not only do they suffer from the disability or illness, but because of it, a low priority is given to forms of health care that can preserve their lives. This, so the objection runs, is unjust or unfair. This article assesses this objection to the use of QALYs as a basis for allocating health care resources. It seeks to determine what is sound in the double jeopardy objection, and then to show that the defender of QALYs has an adequate response to it. (shrink)

Scientific realists have suggested that changes in our scientific communities over the course of their history have rendered those communities progressively less vulnerable to the problem of unconcieved alternatives over time. I argue in response not only that the most fundamental historical transformations of the scientific enterprise have generated steadily mounting obstacles to revolutionary, transformative, or unorthodox scientific theorizing, but also that we have substantial independent evidence that the institutional apparatus of contemporary scientific inquiry fosters an exceedingly and increasingly theoretically (...) conservative form of that inquiry. I conclude that contemporary scientific communities are actually more vulnerable to the problem of unconceived alternatives than their historical predecessors, and I briefly suggest how we might seek to pursue scientific inquiry in a less theoretically conservative way. (shrink)

As a preliminary step to beginning to assess the usefulness of clinical vignettes to measure ethical sensitivity in undergraduate medical students, five clinical vignettes with seven to nine ethical issues each were created. The ethical issues in the vignettes were discussed and outlined by an expert panel. One randomly selected vignette was presented to first, second and third year students at the University of Toronto as part of another examination. The students were asked to list the issues presented by the (...) patient problem. Responses from 281 students were obtained. These students identified an average of 2.72 ethical issues per vignette. Each response was classified under the domains of autonomy, beneficence and justice. Comparisons were made between classes and between vignettes. There was considerable variation between classes and the responses to different vignettes seem to indicate that different vignettes measure the various domains in different ways. It does appear that the use of vignettes is one way to measure aspects of ethical sensitivity in medical students but more study is required to clarify exactly what is being measured. (shrink)

An instrument to assess 'ethical sensitivity' has been developed. The instrument presents four clinical vignettes and the respondent is asked to list the ethical issues related to each vignette. The responses are classified, post hoc, into the domains of autonomy, beneficence and justice. This instrument was used in 1990 to assess the ethical sensitivity of students in all four medical classes at the University of Toronto. Ethical sensitivity, as measured by this instrument, is not related to age or grade-point average. (...) Sensitivity increases between the 1st and 2nd year and then decreases throughout the rest of undergraduate medical training, such that the 4th-year students identify fewer issues than those entering medical school. Students expressing a career choice of family medicine identify more issues than their peers. Several problems with the use of the instrument and the interpretation of the data were found. Nonetheless, these findings, if reproducible, are important and their meaning needs further discussion. (shrink)

A range of empirical findings is first used to more precisely characterize our distinctive tendency to objectify or externalize moral demands and obligations, and it is then argued that this salient feature of our moral cognition represents a profound puzzle for evolutionary approaches to human moral psychology that existing proposals do not help resolve. It is then proposed that such externalization facilitated a broader shift to a vastly more cooperative form of social life by establishing and maintaining a connection between (...) the extent to which an agent is herself motivated by a given moral norm and the extent to which she uses conformity to that same norm as a criterion in evaluating candidate partners in social interaction generally. This connection ensures the correlated interaction necessary to protect those prepared to adopt increasingly cooperative, altruistic, and other prosocial norms of interaction from exploitation, especially as such norms were applied in novel ways and/or to novel circumstances and as the rapid establishment of new norms allowed us to reap still greater rewards from hypercooperation. A wide range of empirical findings is then used to support this hypothesis, showing why the status we ascribe to moral demands and considerations exhibits the otherwise puzzling combination of objective and subjective elements that it does, as well as showing how the need to effectively advertise our externalization of particular moral commitments generates features of our social interaction so familiar that they rarely strike us as standing in need of any explanation in the first place. (shrink)

We represent truth sets for a variety of the well known semantic theories of truth as those sets consisting of all sentences for which a player has a winning strategy in an infinite two person game. The classifications of the games considered here are simple, those over the natural model of arithmetic being all within the arithmetical class of $\Sum_{3}^{0}$.

A relative value of life dependent on age has been produced from a survey of 721 randomly selected individuals together with other observations of professional practice. The results are presented in diagrammatic form. If two identical people, except for age, present for medical treatment for a life-threatening condition and only one can be treated then the diagram indicates what the choice should be.

First published in 1952, professor Strawsonâes highly influential Introduction to Logical Theory provides a detailed examination of the relationship between the behaviour of words in common language and the behaviour of symbols in a logical system. He seeks to explain both the exact nature of the discipline known as Formal Logic, and also to reveal something of the intricate logical structure of ordinary unformalised discourse.

Background: Although fair distribution of healthcare services for older patients is an important challenge, qualitative research exploring clinicians’ considerations in clinical prioritisation within this field is scarce. Objectives: To explore how clinicians understand their professional role in clinical prioritisations in healthcare services for old patients. Design: A semi-structured interview-guide was employed to interview 45 clinicians working with older patients. The interviews were analysed qualitatively using hermeneutical content analysis. Participants: 20 physicians and 25 nurses working in public hospitals and nursing homes (...) in different parts of Norway. Results and interpretations: The clinicians struggle with not being able to attend to the comprehensive needs of older patients, and being unfaithful to professional ideals and expectations. There is a tendency towards lowering the standards and narrowing the role of the clinician. This is done in order to secure the vital needs of the patient, but is at the expense of good practice and holistic role modelling. Increased specialisation, advances and increase in medical interventions, economical incentives, organisational structures, and biomedical paradigms, may all contribute to a narrowing of the clinicians’ role. Conclusion: Distributing healthcare services in a fair way is generally not described as integral to the clinicians’ role in clinical prioritisations. If considerations of justice are not included in clinicians’ role, it is likely that others will shape major parts of their roles and responsibilities in clinical prioritisations. Fair distribution of healthcare services for older patients is possible only if clinicians accept responsibility in these questions. (shrink)

Children's competence to refuse or consent to medical treatment or surgery tends to be discussed in terms of the child's ability or maturity. This paper argues that the social context also powerfully influences the child's capacity to consent. Inner attributes and external influences are discussed using an analogy of the genes and the stars.

It is commonly argued that the rules of language, as distinct from its semantic features, are the characteristics which most clearly distinguish language from the communication systems of other species. A number of linguists (e.g., Chomsky 1972, 1980; Pinker 1994) have suggested that the universal features of grammar (UG) are unique human adaptations showing no evolutionary continuities with any other species. However, recent summaries of the substantive features of UG are quite remarkable in the very general nature of the features (...) proposed. While the syntax of any given language can be quite complex, the specific rules vary so much between languages that the truly universal (i.e. innate) aspects of grammar are not complex at all. In fact, these features most closely resemble a set of general descriptions of our richly complex semantic cognition, and not a list of specific rules. General principles of the evolutionary process suggest that syntax is more properly understood as an emergent characteristic of the explosion of semantic complexity that occurred during hominid evolution. It is argued that grammatical rules used in given languages are likely to be simply conventionalized, invented features of language, and not the result of an innate, grammar-specific module. The grammatical and syntactic regularities that are found across languages occur simply because all languages attempt to communicate the same sorts of semantic information. (shrink)

Objectives To investigate empirically the motivations for not consenting to DNA biobanking in a Swedish population-based study and to discuss the implications. Design Structured questionnaires and semistructured interviews. Setting A longitudinal epidemiological project (PART) ongoing since 1998 in Stockholm, Sweden. The DNA-collection wave took place during 2006–7. Participants 903 individuals completed the questionnaire (participation rate 36%) and 23 were interviewed. All individuals had participated in both non-genetic waves of the project, but refused to contribute saliva samples during the DNA-collection wave. (...) Main outcome measures Motivations behind refusing to consent to DNA biobanking, with subsequent focus on participants' explanations regarding this unwillingness. Results Public refusal to consent to DNA biobanking, as revealed by the questionnaire, was mainly explained by a lack of personal relevance of DNA contribution and feelings of discomfort related to the DNA being used for purposes other than the respective study. Interviews of individuals representing the second motivation, revealed a significant mistrust of DNA biobank studies. The underlying beliefs and attitudes were associated with concerns about integrity, privacy, suspiciousness and insecurity. However, most interviewees were supportive of genetic research per se and interpreted their mistrust in the light of distressing environmental influences. Conclusion The results suggest a need for guidelines on benefit sharing, as well as trustworthy and stable measures to maintain privacy, as a means for increasing personal relevance and trust among potential participants in genetic research. Measures taken from biobanks seem insufficient in maintaining and increasing trust, suggesting that broader societal measures should be taken. (shrink)

In this paper I argue that the metaphysical ethics of Emmanuel Levinas captures some essential moral intuitions that are central to health care. However, there is an ongoing discussion about the relevance of ethical metaphysics for normative ethics and in particular on the question of the relationship between justice and individualized care. In this paper I take part in this debate and I argue that Levinas' idea of an ethics of the Other that guides politics and justice can shed important (...) light on issues that are central to priorities in health care. In fact, the ethics of Levinas in seeking the foundation of normativity itself, captures the ethical coreand central values of health care. (shrink)

Originally published in 1936, this book presents the ancient Greek text of the paraphrases and quotations of Zeno's philosophical arguments, together with a facing-page English translation and editorial commentary. Detailed notes are incorporated throughout and a bibliography is also included. This book will be of value to anyone with an interest in Zeno and ancient philosophy.

Most commonly, the scientific realism debate is seen as dividing those who do and do not think that the striking empirical and practical successes of at least our best scientific theories indicate with high probability that those theories are ‘approximately true’. But I want to suggest that this characterization of the debate has far outlived its usefulness. Not only does it obscure the central differences between two profoundly different types of contemporary scientific realist, but even more importantly it serves to (...) disguise the most substantial points of actual disagreement between these two kinds of realists and those who instead think the historical record of scientific inquiry itself reveals that such realism is untenable in either form. (shrink)

Immunisation is offered to all age groups in the UK, but is mainly given to infants and school-age children. Such immunisation is not compulsory, in contrast to other countries, such as the United States. Levels of immunisation are generally very high in the UK, but the rates of immunisation vary with the public perception of the risk of side effects. This article discusses whether compulsory vaccination is acceptable by considering individual cases where parents have failed to give consent or have (...) explicitly refused consent for their children to be immunised. In particular, the rights of: a parent to rear his/her child according to his/her own standards; the child to receive health care, and the community to be protected from vaccine-preventable infectious disease are considered. The conclusion of the article is that compulsory vaccination cannot, with very few exceptions, be justified in the UK, in view of the high levels of population immunity which currently exist. (shrink)

The purpose of this study was to identify and describe published research articles that were named in official findings of scientific misconduct and to investigate compliance with the administrative actions contained in these reports for corrections and retractions, as represented in PubMed. Between 1993 and 2001, 102 articles were named in either the NIH Guide for Grants and Contracts ( Findings of Scientific Misconduct ) or the U.S. Office of Research Integrity annual reports as needing retraction or correction. In 2002, (...) 98 of the 102 articles were indexed in PubMed. Eighty-five of these 98 articles had indexed corrections: 47 were retracted; 26 had an erratum; 12 had a correction described in the comment field. Thirteen had no correction, but 10 were linked to the NIH Guide Findings of Scientific Misconduct , leaving only 3 articles with no indication of any sort of problem. As of May 2005, there were 5,393 citations to the 102 articles, with a median of 26 citations per article (range 0–592). Researchers should be alert to Comments linked to the NIH Guide as these are open access, and the Findings of Scientific Misconduct’ reports are often more informative than the statements about the retraction or correction found in the journals. (shrink)

Explores mind-body philosophy from an Asian perspective.

In vitro fertilisation is now an established technique for treating some forms of infertility, yet it remains ethically controversial. New developments, such as embryo donation and embryo freezing, have led to further discussion. We briefly discuss the ethical aspects of IVF, focusing on the issues of resource allocation, the 'unnaturalness' of the procedure, the moral status of the embryo, surrogate motherhood, and restrictions on access to IVF. We argue that, on the whole, IVF is an ethically justifiable method of assisting (...) infertile couples. (shrink)

Critics who use historical evidence to challenge scientific realism have deployed a perfectly natural argumentative strategy that has created a profoundly misguided conception of what would be required to vindicate that challenge. I argue that the question fundamentally in dispute in such debates is neither whether particular terms in contemporary scientific theories will be treated as referential nor whether particular existential commitments will be held true by future scientific communities, but whether the future of science will exhibit the same broad (...) pattern of repeated, profound, and unpredictable changes in theoretical orthodoxy that such historicist critics argue characterizes its past. (shrink)

This paper discusses some key connections between Berkeley's reflections on language in the introduction to his Treatise on the Principles of Human Knowledge and the doctrines espoused in the body of that work, in particular his views on vulgar causal discourse and his response to the objection that his metaphysics imputes massive error to ordinary thought. I argue also that there is some mileage in the view that Berkeley's thought might be an early form of non-cognitivism.

The purpose of this article is to comprehensively review studies that have examined the relation between diet and childhood obesity. The review specifically considers the roles of total energy intake and energy density; dietary composition; individual foods, food groups, and dietary patterns; beverage consumption; and eating behaviors. The paper also discusses methodological considerations and future research directions and concludes by summarizing the evidence presented and highlighting the ethical issues surrounding providing dietary advice.

It is a paradox that medical experimentation on individuals, whether patients or healthy volunteers, is now controlled by strict ethical guidelines, while no such protection exists for whole populations which are subjected to medical interventions in the name of preventive medicine or health promotion. As many such interventions are either of dubious benefit or of uncertain harm-benefit balance, such as mass screening for cancers or for risk factors associated with coronary heart disease, there is no justification for maintaining the ethical (...) vacuum in which preventive medicine finds itself at present. (shrink)

In earlier work I have argued that the most substantial threat to scientific realism arises from the problem of unconceived alternatives: the repeated failure of past scientists and scientific communities to conceive of alternatives to extant scientific theories, even when such alternatives were both (1) well confirmed by the evidence available at the time and (2) sufficiently scientifically serious as to be later embraced by actual scientific communities. In this paper I explore Charles Darwin's development and defense of his 'pangenesis' (...) theory of inheritance and conclude that this particular historical example offers impressive support for the challenge posed to realism by this problem of unconceived alternatives. (shrink)

My original paper suggested that an ethics of care which failed to specify how, and about what, to care would be devoid of normative and descriptive content. Bradshaw's approach provides such a specification and is, therefore, not devoid of such content. However, as all ethical approaches suggest something about the 'what' and 'how' of care, they are all 'ethics of care' in this broader sense. This reinforces rather than undermines my original conclusion. Furthermore, Bradshaw's 'ethics of care' has philosophical and (...) historical problems which I outline. (shrink)

Purpose: A study was made of attitudes of clinical geneticists regarding the age at which minors should be allowed to undergo a carrier test and the reasons they provide to explain their answer. Methods: European clinical institutions where genetic counselling is offered to patients were contacted. 177 (63%) of the 287 eligible respondents answered a questionnaire. Results: Clinical geneticists were significantly more in favour of providing a carrier test to a younger person if the request was made together with the (...) parents than if the adolescent requested the test personally. Although a large fraction of respondents (16%–30%) were “neither unwilling nor willing” to provide a carrier test to a 16-year-old adolescent who requested the test personally, for most disorders slightly more clinical geneticists were “very willing” or “willing”. Conclusion: Age is not the only decisive element when considering the participation of adolescents in decisions affecting their health. The clinical geneticists referred to cognitive, emotional and sexual maturity and the support of parents as crucial elements in their comments regarding when to tell children about their genetic risk or to allow adolescents to request a carrier test. (shrink)