Cette étude est consacrée à l'examen de la théorie du monde social qui se découvre dans la phénoménologie d'Edmund Husserl: est-elle à même de dire les phénomènes sociaux, sur quel mode et avec quels résultats? Dans un premier moment, nous reconstituons le propos des deux 'ontologies sociales' qui pensent le monde social en son essence et en ses essences : d'une part, l'ontologie de la région 'monde social, ' subordonnée à la région de l''esprit' et élaboreée à partir d'une phénoménologie (...) de la communication ; d'autre part, l'ontologie morphologique et eidétique des formes essentielles de communautés sociales. Dans un second moment, nous suivons l'élaboration d'une 'sociologie transcendantale' qui reconsidère le rapport de la subjectivité transcendantale au monde social. Nous montrons comment les développements de la théorie de la personne dans la perspective de la phénoménologie génétique, qui semblent nous détourner de la considération de sa socialité, précisent en réalité le rapport du sujet personnel au monde social sous l'angle de sa 'mienneté', de l'habitualité et de la familiarité d'une part, et dans la perspective d'une éthique sociale d'autre part. On établit enfin comment, autour de la Krisis, la théorie du monde de la vie fournit le cadre théorique d'une 'sociologie transcendantale' qui se développe, sur le fond d'une anthropologie du monde commun, comme théorie de la générativité. De l'ontologie sociale à la sociologie transcendantale, cette recherche est conçue comme une investigation des ressources et des difficultés de la voie d'accès à la réduction transcendantale par l'ontologie, relativement à la question du 'social.' Remarquable enquête menée sur l'expérience sociale du sujet, la phénoménologie husserlienne du monde social est susceptible d'intéresser le sociologue tout autant que le philosophe qui s'interroge sur la nature du 'social' en général."--Publisher's website. (shrink)

Qualitative research poses ethical issues and challenges unique to the study of human beings. In developing the interpersonal relationship that is critical to qualitative research, investigator and participant engage in a dialogic process that often evokes stories and memories that are remembered and reconstituted in ways that otherwise would not occur. Ethical issues are raised when this relationship not only provides qualitative research data, but also leads to some degree of therapeutic interaction for the participant. The purpose of this article (...) is to examine some of the controversies inherent in the researcher's dilemma when this occurs, set within the context of a nursing caring theory (Swanson), and the International Council of Nurses Code of ethics for nurses, which provides guidance on global nursing practice. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Caesarean delivery is a common and life-saving intervention. However, it involves an overall increased risk for short-term and long-term complications for both mother and child compared with vaginal delivery. From a medical point of view, healthcare professionals should, therefore, not recommend caesarean sections without any anticipated medical benefit. Consequently, caesarean sections requested by women for maternal reasons can cause conflict between professional recommendations and maternal autonomy. How can we assure ethically justified decisions in the case of caesarean sections on maternal (...) request in healthcare systems that also respect patients’ autonomy and aspire for shared decisions? In the maternal–professional relationship, which can be characterised in terms of reciprocal obligations and rights, women may not be entitled to demand a C-section. Nevertheless, women have a right to respect for their deliberative capacity in the decision-making process. How should we deal with a situation of non-agreement between a woman and healthcare professional when the woman requests a caesarean section in the absence of obvious medical indications? In this paper, we illustrate how the maternal–professional relationship is embedded in a nexus of power, trust and risk that reinforces a structural inferiority for women. To accommodate for beneficial use of power, these decision processes need to be trustworthy. We propose a framework, inspired by Lukes’ three-dimensional notion of power, which serves to facilitate trust and allows for beneficial power in shared processes of decision-making about the delivery mode for women requesting planned C-sections. (shrink)

O objetivo dessa pesquisa foi investigar a contribuição de Santo Agostinho para o desenvolvimento da Hermenêutica Jurídica, com a compreensão da influência de sobra obra no pensamento jurídico contemporâneo. Desde aspectos biográficos, foram explorados os principais conceitos do pensamento de Santo Agostinho, a partir do diálogo que esses conceitos realizam com a contemporaneidade e com a hermenêutica moderna. A pesquisa foi realizada a partir do método hipotético-dedutivo, a partir da formulação de hipóteses gerais que permitem a obtenção de respostas potencialmente (...) válidas. Quanto aos meios, a pesquisa foi bibliográfica, com o uso da doutrina delimitada ao tema, para o cumprimento dos fins qualitativos. Chegou-se à conclusão de que a obra de Santo Agostinho mantém a sua relevância na temática da hermenêutica, com a aplicação de vários de seus conceitos no campo de atuação e análise da Hermenêutica Jurídica. (shrink)

This article explores the way in which certain theoretical frameworks and analytical procedures combine to present stories about experience as objects of no depth, confusing this artefact with the phenomenon studied. By pointing out abusive potentials in a constructivist approach, it is argued that critical realism is needed in the field of narrative analysis. The creation of life stories as well as the project of analysing them involve interaction with a material world, and elaboration on it. We meet the Other, (...) not as disembodied spirits, but in and through our bodies, which allow us to infer realities beyond language. We need to open up the field of empirical study to include the plurality of all experienced facts. What is more, this plurality must be firmly grounded within theoretical frameworks that cultivate humility, contending that there will always be more to reality than what meets the researcher’s eye. And we need a theoretical framework that dares to use the concept of truth. Only by doing so may we accord our informants the status of making relevant truth claims. Critical realism provides a much needed theoretical framework and sensitizing concepts, allowing for life stories to bear witness to the multidimensional realities from which they emerge. (shrink)

If women are not yet accorded the full rights of citizenship internationally and especially in the military context, a feminist position on just war may have to be provisional. Drawing on Virginia Woolf's argument referenced in the title, Eide suggests in this essay that feminist theory develop its principles from women's exclusion from national privileges and argues that jus post bellum or justice after war be central to feminist theories of just war.

To write about the disease of breast cancer from both scientific and spiritual perspectives is to reflect upon our genetic and spiritual ancestry. We examine the issues involved in breast cancer at the intersections of spirituality, technology, and science, using the fundamental thing we know about being human: our bodies. Our goal in this essay is to offer close readings of women's spiritual and bodily journeys through the disease of breast cancer. We have discovered that both illness and health come (...) within the stories of particular people and particular disciplines. And to learn more about breast cancer, both scientific and spiritual aspects, one must be attentive to such particularities. Medicine and religion are bodily experiences, and being a body-self is what it means to be human. (shrink)

At profesjonsutøvere er ansvarlige og har ansvar knyttet til arbeidet de utfører, tar vi nærmest for gitt. Mitt sikte med denne artikkelen er å gi et innspill til nærere drøfting av hvordan det profesjonelle ansvaret kan forstås. I nyere profesjonsetiske kodekser knyttes ansvar først og fremst til konsekvenser av handlinger. Det innebærer at den profesjonelles ansvar forutsetter at det kan trekkes en linje fra en handlings konsekvens til den handlende. I komplekse organisasjoner kan imidlertid rekonstruksjon av veien fra konsekvens av (...) handling tilbake til den handlende vise seg vanskelig. Alternativt kan ansvar knyttes til spørsmål om handlingens samsvar med regler og prosedyrer. En slik tilnærming benevnes gjerne som «accountability». Disse to ulike tilnærmingene til ansvar har det til felles at det er handlingen som er i fokus – handlingens regelsamsvar eller dens konsekvenser, ikke en individuell dimensjon knyttet til den handlende som person. Den profesjonelle som selvstendig, tenkende og vurderende person blir perifer. Til videre drøfting av dette trekker jeg veksler på Hannah Arendts tenkning om ansvar. «To-i-én-dialog» og «tenkning» er sentrale elementer, og jeg vil peke på hennes bidrag som en mulig vei til en utdypet forståelse av det profesjonelle ansvarets individuelle dimensjon.Nøkkelord: profesjonelt ansvar, handlingens konsekvenser, accountability, to-i-én-dialog, tenkningEnglish summary: Individual responsibility and shallowness in professional workIt is almost taken for granted that professionals are responsible for the work they do. The scope of this article is to contribute to an evaluation of how we can understand this professional responsibility. Modern professional–ethical codes tie responsibility primarily to the consequences of acts. Thus the responsibility of a professional assumes that a connection can be drawn between the consequences of an act to the person who acted. However, in complex organizational structures, it can be difficult to find the path from consequence to actor. Another option is to look at responsibility as the product of an action's compliance with rules and procedures. Such an approach is often called «accountability». What these two different approaches to responsibility have in common is the focus on an action. It is the consequences of acts or compliance of rules that matter rather than the individual who performs the act. The idea of a professional as an autonomous, thinking and evaluating person becomes peripheral. The individual dimension of responsibility involves that the professional's responsibility goes beyond adherence to rules and procedures and what follows from tracking acts and consequences. I use Hannah Arendt's thoughts on the responsibility to facilitate further debate on this topic. A «two-in-one» dialogue and «thinking» are core elements in this, and I will point to her contribution as a possible path to a more in-depth understanding of the individual dimension of professional responsibility. (shrink)

Communicative actionist relevant in two senses: It is a constitutive aspect for the actual shaping of moral, it is indispensable for the development ofpersonal moral conviction. Dealing with this subject, the consequences for Christian ethics are as follows: Moral opinions only can work out and develop in the communicative interaction of Christian community, the participation of the members of community is a condition of personal mediation between Christian faith and moral opionion.

This book explores how a sense of wonder and the musicality of silence can be a rehumanizing force in education, health and welfare, countering overly anthropocentric and instrumental worldviews. Wonder - in an aesthetic, philosophical, and spiritual sense - brings human beings in resonance with the world again.

The use of robotic technology in healthcare is increasing. The aim was to explore attitudes toward the use of humanoid robots in healthcare among patients, relatives, care professionals, school actors and other relevant actors in healthcare and to analyze the associations between participants’ background variables and attitudes. The data were collected through a cross-sectional survey (N = 264) in 2018 where participants met a humanoid robot. The survey was comprised of background variables and items from a modified Robot Attitude Scale. (...) Multiple linear regression analysis and Spearman’s Rho correlation were used to analyze associations between variables. Most of the participants were positive toward the use of humanoid robots in healthcare and only a few were negative. Attitudes toward the use of humanoid robots were more positive among other relevant actors, such as service personnel and politicians in healthcare, participants with a higher educational level and older adults. More research is needed on the reasons underlying negative attitudes because these might affect the introduction of humanoid robots in healthcare. A careful evaluation of appropriate first target groups as well as which tasks are appropriate for humanoid robots to perform in healthcare are needed. (shrink)

Xenotransplantation has great potential as an alternative to alleviate the shortage of organs for donation. However, given that the animal most suited for xenotransplantation is the pig, there are concerns that people in Muslim countries may be more hesitant to morally approve of these procedures. In this study, the moral approval of xenotransplantation was assessed in a group of 895 participants in Egypt. The results showed that religiosity itself does not predict moral approval of xenotransplantation, but religious identity does, as (...) Muslims are less likely to approve of xenotransplantation than Christians. However, the strongest predictor of moral approval of xenotransplantation was gender, with women displaying less approval. A partial mediating factor in this association was concern for animal welfare. Based on these results, some implications for public policy are discussed. (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion, for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative mortality (...) risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

Despite enthusiasm for patient-centered care, the practice of patient-centered care is proving challenging. Further, it is curious that the literature about this subject does not explicitly address patient autonomy, since patients guide care in patient-centered care, and respect for patient autonomy is a prominent health-care value. We argue that by explicitly adopting a relational conception of autonomy as an essential component, patient-centered care becomes more coherent, is strengthened, and could help practitioners to make better use of a principle of respect (...) for autonomy. Hence, its use appears promising to narrow the theory–practice gap. (shrink)

Some feminists have been critical about the dominant conception of autonomy, questioning, for example, its conception of persons and ideal of personhood. Tom Beauchamp and James Childress (BC), the major proponents of the dominant conception of autonomy, believe that these feminists have misunderstood their theory and, moreover, that their theory is immune to feminist attack. Their response to feminist critics, however, has been dismissive and does nothing to assuage these critics concerns. In this paper I briefly review the state of (...) play in this debate about autonomy, showing that BC are not without positive rejoinders to objections raised by feminist critics. These rejoinders rest on the notion that feminist concerns are a matter of what is logically entailed by BCs theory of autonomy and attempt to show that feminist commitments are logically consistent with that theory. However, these rejoinders are less than convincing for reasons illuminated by Cheshire Calhoun. Calhoun reminds us that feminists are sensitive to ways in which the shape of discourse is influenced by non-epistemic considerations. In particular, Calhoun draws our attention to the cumulative effect of a whole tradition of moral reasoning that focuses on too narrow a range of moral problems and too narrow an understanding of people and the human condition. BCs conception of autonomy relies on and reinforces ideologies of the moral life created in just this way. Following Calhoun, I show that criticism of their theory as ideology is not criticism of its logical implications, but something far more damaging, something without available rejoinders. (shrink)

The paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in (...) Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance. (shrink)

The phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other (...) similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so. (shrink)

The article maintains that chronic fatigue syndrome can be properly understood only by taking an integrated perspective in which evolutionary, developmental and ecological aspects are considered. The integrative approach, supplemented by a complexity theory and psychoneuroimmunological research, is capable of explaining why there are so few structural aberrations to be found in chronic fatigue syndrome and why specific treatment is so difficult to establish. A major outcome of the investigation, that all individuals with chronic fatigue syndrome are diseased in their (...) own way, emphasises the need to study the development of personalised life histories. It also highlights an ethical dimension; personalised disease defies essentialist thinking on patient management. Another major outcome, which follows from the developmental systems perspective, is the dissolution of ontological mind-body dualism. This in turn allows for a methodological complementation of the biological and phenomenological approaches to knowledge. New research strategies that may help to resolve chronic fatigue syndrome, grounded in the revised perspective on individual development, are suggested. (shrink)

Constellations, Volume 29, Issue 3, Page 269-282, September 2022.

Lisa A. Eckenwiler and Felicia G. Cohn, The ethics of bioethics: Mapping the moral landscape, Baltimore: The Johns Hopkins University Press, 2009, reviewed by Carolyn Ells.