Documenting capacity assessments and identifying substitute decisionmakers in healthcare facilities is ethically required for optimal patient care. Lack of such documentation has the potential to generate confusion and contention among patients, their family members, and members of the healthcare team. An overview of our research at the Ottawa Hospital and issues that influence the consistency of documentation in the Canadian context are presented here, as well as ideas for the mitigation of these issues and ways to encourage better documentation.

The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes''s politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform to thesecond law of (...) nature and that they are genuine moral claim rights, thatis, rights that are the ground of the obligations of others to forebearfrom interfering with their exercise. This argument is defended againstboth Jean Hampton''s and Howard Warrender''s interpretations of rights inHobbes''s theory. The paper concludes that the theory of rightsunderlying Hobbes''s writing is not taken from Natural Law but isprobably closer to a modern interest theory of rights. (shrink)

(2002). A VERY PECULIAR ROYALIST. HOBBES IN THE CONTEXT OF HIS POLITICAL CONTEMPORARIES. British Journal for the History of Philosophy: Vol. 10, No. 2, pp. 167-208. doi: 10.1080/096087800210122455.

Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they are no longer obliged to (...) obey the sovereign. Third, there is also a possible limitation on the absolute power of the sovereign in the form of restrictions Hobbes puts in place on what laws he may legitimately make. Finally, Hobbesian absolutism is compared to the absolutism of Carl Schmitt. This exercise demonstrates the limitations that Hobbes places on the power and authority of the sovereign. (shrink)

'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of rights, with something (...) to offer current discussions in rights theory. (shrink)

This book takes a new look at the history of individual rights, focusing on how philosophers have written that history. Eleanor Curran argues that the turn to jurisprudence, after the philosophical rejection of natural rights, has resulted in an impoverished notion of rights as no more than claims and entitlements.

Ethics consultation services provide support to staff, patients, and family members who find themselves in morally difficult situations in healthcare settings. Not unlike other clinical consultation services, ethics consultation activities should be well documented. Good documentation allows for evaluation of the consultation process and the ability to refer back to consults when needed, and provides data for future research in healthcare ethics (HCE).In our exploration of existing HCE documentation systems, we identified two main points of interest. First, HCE information documentation (...) systems are powerful tools for providing information on ethics consultation services. These documentation systems can be used to produce detailed reports on various HCE activities both institutionally and cross-institutionally. Second, our findings indicate greater agreement in the language and terminology of HCE needs to be established. Cultivation of such common language is needed in order to develop a standard healthcare ethicists can use to document and categorize consults. Standardization of language would allow data to be readily comparable and lead to more consistency in documentation of ethics consultations. Ultimately, standardization of documentation can also constitute a standard of practice for HCE in general. The development of such standards is essential for any developing profession, and will be required for HCE as it moves in towards professionalization in Canada. (shrink)

Hobbes says a great deal about the rights of subjects, particularly in Leviathan, and yet, despite his apparent insistence on the importance of the rights of the subject, the prevailing view amongst modern Hobbes scholars has been that rights of Hobbesian subjects are weak. The dominant view of Hobbesian rights as weak and insignificant is the view of modern Hobbes scholarship, which analyses Hobbes's political theory at great distance from his intellectual milieu and from the dramatic political events of the (...) time. Hobbesian absolutism is understood to rule out rights of any strength or significance on the part of Hobbesian subjects and particularly, any rights held against the sovereign. The significance of defining subjects' rights as Hohfeldian liberty rights is that liberty rights lack any correlative duties on the part of others. The sovereign's authority and right to rule are made dependent on his ability and willingness to protect the subjects' aggregate right to self‐preservation. (shrink)

Recent work in Hobbes scholarship has raised again the subject of Hobbes's notion of liberty. In this paper, I examine Hobbes's use of the notion of liberty, particularly in his theory of rights. I argue that in describing the rights that individuals hold, Hobbes is employing "liberty" to cover more than the famously restrictive definition of the "absence of external impediments" and that this broader understanding of liberty should not be put down to simple inconsistency on Hobbes's part. In the (...) second part of the paper, I look at the Hohfeldian analysis of rights and at the tendency to see the notion of a claim as foundational for rights, which for some, is a legacy of that analysis. I argue that there are disadvantages to this and suggest that the notion of liberty may be a more useful one than that of a claim to ground our understanding of rights. (shrink)

In this paper I argue that we should look to Hobbes rather than to Locke as providing a philosophical forerunner of modern and current rights theories and further, that Hobbes’s theory has relevance to and ‘speaks to’ current philosophical and jurisprudential analysis of the foundations of rights, in a way that Locke’s theory cannot. First, I summarise the argument that Hobbes does have a substantive theory of individual rights. Second, I argue that the project undertaken by A. J. Simmons, to (...) ‘reconstruct’ Locke’s theory of rights without the theological premises, cannot succeed. Locke’s theory of natural rights is thoroughly dependent on its theological premises. Third, I argue that Hobbes’s theory of rights is not dependent on theological premises. Finally, I try to illustrate the ways in which Hobbes’s theory is still relevant and useful for current debates within rights theory. (shrink)

Court of appeal ruling on assisted dyingIn July 2013, the Court of Appeal ruled on an assisted dying case brought by Paul Lamb, a 58-year-old man who has been quadriplegic and without function in any of his limbs, apart from a little movement in his right hand, since a car accident in 1990.1 Mr Lamb was permitted by the Court to take over the legal case of Tony Nicklinson, who died in August 2012, less than a week after his request (...) for judicial review was rejected by the High Court.2 Like Mr Nicklinson, the severity of Mr Lamb's injuries means that he is unable to take his own life, other than by starvation. He would like his life to be ended, preferably by lethal injection administered at home, and does not want to travel to Switzerland for an assisted suicide.Mr Lamb's case was heard, along with that of Mr Nicklinson's wife and that of another man, ‘Martin’, in the Court of Appeal in May.The Court identified three issues from the parties’ submissions: The common law should provide a defence to murder where that takes the form of euthanasia in circumstances where another party is giving effect to the settled wish of a competent person. The legal prohibitions on those providing assistance constitute a disproportionate interference with Article 8 rights to a private and family life. The Director of Public Prosecution's policy statement on factors which he will take into account when considering whether or not to exercise his discretion in favour of prosecuting does not satisfy the …. (shrink)

Philosophy of religion comprises philosophical reflection on a wide range of religious and religiously significant phenomena: religious belief, doctrine and practice in general; the phenomenology and cognitive significance of religious experience; the authority and reliability of religious testimony; the significance of religious diversity and disagreement; the relationship between religion (or God, or the gods) and morality; the doctrines, practices and modes of cognition distinctive to particular religious traditions; and so on. It is as old as philosophy itself and has been (...) a standard part of Western philosophy in every period (see Religion, history of philosophy of). Since the latter half of the twentieth century, there has been a great growth of interest in it, and the range of topics that philosophers of religion have considered has expanded considerably. (shrink)

Professor Brian V. Johnstone, CSsR, has been quietly and unobtrusively contributing to the intellectual life of Catholicism, especially in the field of moral theology, for nearly four decades. Having published numerous theological articles on many topics, including biomedical ethics, peace and war, and fundamental moral theology, and directed many doctoral dissertations, it is no exaggeration to say that he has dedicated his entire life to teaching and writing theology. In honor of Johnstone's work, this felicitation volume covers a wide range (...) of themes in the Christian moral life with original articles written by internationally recognized theologians. In the spirit of Johnstone's thought and work, each article challenges the reader to reflect upon the present while contemplating the future of moral theology. (shrink)

Cell communication is crucial for many aspects of growth and differentiation during the development of the nematode Caenorhabditis elegans. Two genes, glp‐1 and lin‐12, mediate a number of known cell–cell interactions. Genetic and molecular analyses of these two genes lead to the conclusion that they are structurally and functionally related. We summarize these studies as well as those involving the identification of other genes that interact with glp‐1 and / or lin‐12.

Dans ce volume collectif, J. Albisetti, J. Goodman et Rebecca Rogers nous emmènent dans un tour européen du développement de l’enseignement secondaire pour les filles. Les contributeurs proposent deux pistes principales : une vue d’ensemble des histoires nationales de l’enseignement des filles ; et une présentation des pistes de recherche à suivre. Bien que Girls’ Secondary Education in the Western World soit organisé par pays, les directeurs et les auteurs soulignent les multiples connexions...

Until recently, leading work on the philosophy of thought experiments mistakenly credited Mach with coining the term. While Ørsted’s prior use has become more widely acknowledged, there remains a c...

We review here the data indicating a role for epidermal growth factor receptor (EGF receptor) signalling in early mouse development. Embryonic development of the metazoan embryo generally begins with the formation of a cystic structure and epithelial layers that subsequently form anlagen of the definitive body parts and organs. For the mammalian embryo, this cystic structure is a blastocyst whose wall consists of trophectoderm, the first epithelium to develop during mammalian embryogenesis. The onset of expression and function of EGF receptors (...) is coincident with the onset of trophectoderm development. Modulating EGF receptor expression and function modulates trophectoderm differentiation, leading to the hypothesis that functional EGF receptors participate in the induction of trophectoderm development and perhaps of other embryonic epithelial derivatives such as nervous tissues. (shrink)

Ever so often in the UK, there is a flurry of activity around the information requirements of donor-conceived individuals. In April 2013, it was the launch of a report from the Nuffield Council on Bioethics that brought the issue back to public consciousness.1Since 1991, information about treatment with donor gametes or embryos has been collected by the Human Fertilisation and Embryology Authority . Since then, over 35 000 donor-conceived individuals have been born through treatment in licensed clinics. Medical information and (...) information about donors’ appearance are collected by clinics, and donors are encouraged to put together a ‘pen portrait’ giving information about themselves for any resulting children. One focus of the new report is on improving the quality and quantity of information available about donors.Traditionally, gamete and embryo donations were practised on an anonymous basis, so that those born as a result of such donation may receive only non-identifying information about the donor when they reach the age of 18 . This changed in 2005 when donor anonymity was removed so that anyone donating after that time could be identified to individuals born as a result of the treatment. Those who have donated in the past are also able to reregister as identifiable donors. Much concern was expressed at the time that this would exacerbate the shortage of donors although the Nuffield Council on Bioethics reports that, 8 years on, those clinics that actively recruit donors appear to be successful in finding sufficient donors. The report recommends that the option of anonymous donation should not be reintroduced.A big issue of debate in the UK has been, and continues to be, whether parents should tell their …. (shrink)

In August 2012, the drug manufacturer, Fresenius Kabi, barred the sale of the anaesthetic, propofol, for use in lethal injections. The company announced that it would not accept orders for the drug from US departments of correction, and put in place similar requirements on all its wholesalers and distributors.1Propofol is one of the world's most widely used anaesthetics. Earlier in 2012, US states began to use propofol in executions following shortages of other drugs which had previously been used in lethal (...) injections. In May 2012, the state of Missouri decided to move to a one-drug protocol, using propofol alone for lethal injections, in place of the three-drug protocol that had been used by most states carrying out the death penalty. Missouri took this decision when supplies of thiopental sodium and pentobarbital, drugs used in the three-drug protocol, became unavailable.2Fresenius Kabi said that it had imposed the restrictions in order to ‘prevent Propofol from being used for purposes other than its approved medical indications’ and to ensure that ‘the immediate access to Propofol needed by medical professionals’ was not hindered. The company said that it objected to the use of its products in any manner that was not in full accordance with the medical indications for which they have been approved by health authorities.3 All forms of Fresenius Kabi propofol are manufactured in Europe. A European Union Council regulation prevents products that may reasonably be expected to be used in executions from being exported from the EU. The company said that, should propofol begin to be used in executions in the USA, inadequate access to the drug in the country was a likely consequence. At the time of writing, the US Food and Drug Administration was reporting shortages of the drug in the USA for …. (shrink)

Today, public health regulation at all levels faces unprecedented challenges both at home and abroad. The September 11, 2001 attacks on New York and Washington, D.C., by the Al Qaeda terrorist network and the anthrax bioterrorism that followed shortly thereafter have put public health regulation at the forefront of homeland security. The anthrax scare, in particular, has greatly tested the American public health system, calling into question whether the United States and its component states and localities are prepared to handle (...) a major outbreak of infectious disease, such as smallpox, in a future bioterrorist action. While the response of public health agencies was commendable, especially in light of the magnitude of the assaults, it is manifestly clear that the American public health system will be hard pressed to meet similar challenges that may lie ahead.The events of fall 2001 follow a period of major challenges for public health. The AIDS pandemic has killed millions of people throughout the globe, especially in Africa and other parts of the developing world. (shrink)

Today, public health regulation at all levels faces unprecedented challenges both at home and abroad. The September 11, 2001 attacks on New York and Washington, D.C., by the Al Qaeda terrorist network and the anthrax bioterrorism that followed shortly thereafter have put public health regulation at the forefront of homeland security. The anthrax scare, in particular, has greatly tested the American public health system, calling into question whether the United States and its component states and localities are prepared to handle (...) a major outbreak of infectious disease, such as smallpox, in a future bioterrorist action. While the response of public health agencies was commendable, especially in light of the magnitude of the assaults, it is manifestly clear that the American public health system will be hard pressed to meet similar challenges that may lie ahead.The events of fall 2001 follow a period of major challenges for public health. The AIDS pandemic has killed millions of people throughout the globe, especially in Africa and other parts of the developing world. (shrink)

Induction of c‐fos expression occurs following treatment of diverse cell types with agents that trigger mitogenesis, differentiation or membrane depolarization. We suggest that c‐fos may be regarded as a marker for a set of rapidly induced genes (termed cellular immediate‐early genes) whose function is to couple extracellular stimulation to long‐term responses. In the brain, these genes may contribute to the adaptive alterations involved in neuronal plasticity.

This article identifies a papyrus in Warsaw, P.Vars. 6, as a fragment of the large Latin–Greek glossary known as Ps.-Philoxenus. That glossary, published in volume II of G. Goetz's Corpus Glossariorum Latinorum on the basis of a ninth-century manuscript, is by far the most important of the bilingual glossaries surviving from antiquity, being derived from lost works of Roman scholarship and preserving valuable information about rare and archaic Latin words. It has long been considered a product of the sixth century (...) a.d., but the papyrus dates to c.200, and internal evidence indicates that the glossary itself must be substantially older than that copy. The Ps.-Philoxenus glossary is therefore not a creation of Late Antiquity but of the Early Empire or perhaps even the Republic. Large bilingual glossaries in alphabetical order must have existed far earlier than has hitherto been believed. (shrink)

BackgroundAs moral case deliberations (MCDs) have increasingly been implemented in health care institutions as a form of ethics support, it is relevant to know whether and how MCDs actually contribute to positive changes in care. Insight is needed on what actually happens in daily care practice following MCD sessions. This study aimed at investigating the impact of MCD and exploring how ‘impact of MCD’ should be conceptualized for future research.MethodsA multiple-case study was conducted in a care organization for people with (...) intellectual disabilities and/or acquired brain injury, by observing MCD sessions as ‘cases’, followed by interviews with health care professionals concerning the follow-up to these cases, and a focus group with involved MCD facilitators. A conceptual scheme concerning the possible impact formed the basis for analysis: (1) individual moral awareness; (2) the actions of health care professionals; (3) collaboration among health care professionals; (4) the concrete situation of the client; (5) the client’s quality of care and life; (6) the organizational and policy level.ResultsAccording to interviewees, their moral awareness and their collaboration, both among colleagues and with clients’ relatives, improved after MCD. Perceived impact on client situation, quality of care/life and the organizational level varied among interviewees or was difficult to define or link to MCD. Three aspects were added to the conceptual scheme concerning the impact of MCD: (a) preparations and expectations prior to the MCD session; (b) a translational step between the conclusions of the MCD session and practical events in the following period, and (c) collaboration with clients’ relatives. A negative impact of MCD was also found on misunderstandings among participants and disappointment about lack of follow-up.ConclusionsConcretizing and conceptualizing the ‘impact’ of MCD is complicated as many factors play a role either before or during the transition from MCD to practice. It is important to consider ‘impact’ in a broad sense and to relate it to the goals and context of the MCD in question. Future studies in this field should pay additional attention to the preparations, content and process involved in ethics support, including clients’ and relatives’ experiences. (shrink)

The following notes are the result of an examination of all the early Epic passages containing λλ which I made for the purposes of the lexicon of Homer and the older Epic now under preparation by the Archiv für griechische Lexikographie at Hamburg. The texts surveyed were Homer, including the Hymns, Hesiod, and the Epic fragments. I also examined Apollonius Rhodius for the purpose of comparison.

It is one of the attractions of Greek syntax that it provides an abundance of usages which require careful discrimination, if we are to appreciate their value; and which at the same time present problems of interpretation which have not been completely solved. This is particularly the case with the use of the negatives, and it is one of these constructions with which we are concerned here.

ExcerptMany people assume that the Universal Declaration of Human Rights of 1948 was an exclusively or primarily Western project, imposed on the rest of the world by the European and American powers that emerged victorious from World War II. Harvard Law professor Mary Ann Glendon’s 2001 book, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, suggests otherwise. It was not the great powers but small powers that pushed hardest for a declaration of rights. And (...) it was often great powers—and one must acknowledge, great powers dominated by people of European ancestry—that did not like the idea of being pushed around by politically and economically weaker inhabitants of the Global South, who were just beginning to emerge from centuries of Western colonialism and other forms of oppression.1. (shrink)

It will be best to explain here, at the start, that I do not propose new etymologies for the words εὒξεινος and πόντος. I regard, then, εὒξεινος πόντος as meaning ‘the hospitable way’. My purpose is to show how such a name came to be given to the Black Sea by the Greeks. First, the word πόντος. The familiar explanation connects it with a series of words, of which I give the most important: Gk. πάτος ‘trodden path’; Skt. pάnthā ‘way’, (...) fem. pathyā ‘id.’; Zend paθ ‘id.’; Arm. hun ‘ford, road’; Lat. pons ‘bridge’. Further, as a verb the root appears in Gk. πατεν ‘tread down’ and is given in Walde-Pokorny as *pent- ‘tread, go’: W.-P. points out that the derived nouns mean ‘way’, and particularly a way that goes over or through water, as can be seen from the Armenian and Latin. (shrink)

Scientists exhibit different styles in their reasoning about the natural world (e.g., experimental, historical, or statistical). These styles have been characterized, categorized, and combined in many ways throughout the history of science.

The root *pent-1 has achieved wide distribution in the IE. languages. In the course of its long history considerable modification of meaning has affected it, both as a primary verb and as it appears in derivative nouns, and here I refer particularly to Go. finpan ‘find’ and to Gk. πάτη ‘deceit’. With little ingenuity—against mere ingenuity, of course, the etymologist is bound to be on his guard—it is possible to trace the train of thought that connects the various forms. But (...) though the explanations here offered may well seem obvious, they have not, so far as I am aware, been previously published. The familiar dictionaries of Boisacq, Walde-Hofmann, and Walde-Pokorny do provide attempts at explanation, but these have little power of convincing. (shrink)