ZusammenfassungSchein-Elemente in der Betreuung von Menschen mit Demenz erobern den Markt. Über deren Legitimität scheiden sich die Geister. Der Vorwurf der Täuschung wiegt schwer. Diese Arbeit analysiert, ob der Einsatz von Schein-Elementen moralisch zulässig ist. Dazu folgt einleitend eine Charakterisierung der Schein-Elemente und eine Stellungnahme zu ihrem Einfluss auf die Lebensqualität von Menschen mit Demenz. Im Analyseteil betrachte ich die Täuschung aus deontologischer und utilitaristischer Perspektive. Dazu dienen das Prinzip der Doppelwirkung, „the experience machine“ sowie Dworkins Margo. Dabei stelle ich (...) fest, dass sowohl die Täuschungsform als auch der Einsatzzweck relevant für die Legitimitätsbestimmung sind. Die Gestaltungsauthentizität beweist sich dabei als relevanter Indikator zur Bestimmung des Irreführungsgrades. Während sich aus deontologischer und aus utilitaristischer Sicht die bloß in Kauf genommene Irreführung als bedenkenlos und die Lüge in diesem Kontext als verboten zeigt, herrscht über die intendierte Irreführung Uneinigkeit. Diesen Streitfall löse ich anhand der gewonnenen Erkenntnisse über das, was MmD autonom wollen könnten. Den erarbeiteten Beurteilungsvorschlag runde ich mit einer Empfehlung an Institutionen, die Schein-Elemente einsetzen wollen, und einigen weiterführenden Gedanken ab. (shrink)

Algorithmic decision-making increasingly shapes people's daily lives. Given that such autonomous systems can cause severe harm to individuals and social groups, fairness concerns have arisen. A human-centric approach demanded by scholars and policymakers requires considering people's fairness perceptions when designing and implementing algorithmic decision-making. We provide a comprehensive, systematic literature review synthesizing the existing empirical insights on perceptions of algorithmic fairness from 58 empirical studies spanning multiple domains and scientific disciplines. Through thorough coding, we systemize the current empirical literature along (...) four dimensions: (1) algorithmic predictors, (2) human predictors, (3) comparative effects (human decision-making vs. algorithmic decision-making), and (4) consequences of algorithmic decision-making. While we identify much heterogeneity around the theoretical concepts and empirical measurements of algorithmic fairness, the insights come almost exclusively from Western-democratic contexts. By advocating for more interdisciplinary research adopting a society-in-the-loop framework, we hope our work will contribute to fairer and more responsible algorithmic decision-making. (shrink)

When shared decision making breaks down and parents and medical providers have developed entrenched and conflicting views, ethical frameworks are needed to find a way forward. This article reviews the evolution of thought about the best interest standard and then discusses the advantages of the harm principle (HP) and the zone of parental discretion (ZPD). Applying these frameworks to parental refusals in situations of complexity and uncertainty presents challenges that necessitate concrete substeps to analyze the big picture and identify key (...) questions. I outline and defend a new decision-making tool that includes three parts: identifying the nature of the disagreement, checklists for key elements of the HP and ZPD, and a “think list” of specific questions designed to enhance use of the HP and ZPD in clinical decision making. These tools together will assist those embroiled in complex disagreements to disentangle the issues to find a path to resolution. (shrink)

This paper examines the impact of integrated reporting on the integration of environmental, social, and governance issues into the business model and the related economic and ESG performance changes. To investigate these internal and external transformational effects of IR, important differences between IR and alternative ESG reporting strategies are worked out. Using three matched samples of companies from around the world for the sample period 2002–2011, IR companies are matched with companies applying no ESG reporting, stand-alone ESG reporting, or ESG (...) reporting in the annual report. The results suggest that IR is a superior mechanism only for the integration of ESG issues into the core business model when comparing IR with the ESG reporting strategies of no ESG reporting and ESG reporting in annual reports. In comparison with, stand-alone ESG reporting, the results indicate that IR is negatively associated with the ESG integration level and with the economic and ESG performance. Moreover, this negative impact is lower for companies that have already implemented ESG management tools prior to the initiation of IR and is stronger for companies residing in countries with legal requirements for the disclosure of ESG information. A separate change analysis reveals that companies do not benefit from a switch from stand-alone ESG reporting to IR. Thus, this paper provides empirical evidence that contradicts the general notion of IR as a superior reporting mechanism, as the benefits of IR are driven by several factors. (shrink)

Any worlds semantics for intentionality has to provide a plenitudinous theory of impossibility: For any impossible proposition, it should provide a world where it is true. Hence, also any semantics for impossibility statements that extends Lewis’s concretism about possible worlds should be plenitudinous. However, several such proposals for impossibilist semantics fail to accommodate two kinds of impossibility that, albeit not unheard of, have been largely neglected in the literature on impossible worlds, but that are bound to arise in the Lewisian (...) context. The proposals discussed here stop short of plenitude because they adhere to what Lewis occasionally referred to as ‘ontological truth’, as they lack the semantic ability to misrepresent ontological facts. The paper develops a framework for systematic misrepresentations on the basis of Mares’s situation-based account of impossible ‘worlds’, and which confines ‘ontological truth’ to possibility. It thus illustrates how a plenitude of impossibilities can be achieved. (shrink)

The research aims to investigate the characteristics and risks associated with the handling of sensitive data in the implementation of public policies within the digital government model. To achieve this, a hypothetical-deductive method and bibliographic and documentary procedures are employed, proposing an interdisciplinary discussion on technological advancement, data protection, transparency, and public policies. The justification revolves around the importance of a comprehensive, cohesive system that genuinely protects sensitive personal data, considering the need to keep pace with technological developments and maintain (...) a minimum level of security in the digital age at both national and international levels. There is no doubt that the judicious and strategic use of data has the potential to drive substantial improvements in policy evaluation, decision-making, and the relationship between government and citizens. However, dealing with personal data also means addressing risks with responsibility, transparency, and respect for individual rights. (shrink)

The Administration of Buddhism in China: A Study and Translation of Zanning and the Topical Compendium of the Buddhist Clergy, by Albert Welter. Cambria Press, 2018. 722pp., Hb. $154.99. ISBN-13: 9781604979428.

Authentic Replicas: Buddhist Art in Medieval China by Hsueh-man Shen. Honolulu: University of Hawai‘i Press 2019. 352 pp.; 132 illustrations, 113 in colour. Hb $72 ISBN-13: 9780824867058.

This paper examines whether and to what extent the overall business strategy influences the firm’s mismanagement of sustainability. Specifically, an empirical measure for the mismanagement of sustainability is developed by exploiting the newly available materiality guidelines for US firms to define industry-specific material sustainability issues. Using this measure, this paper shows that mismanagement of sustainability can represent unethical business behavior when firms intentionally perform better on immaterial issues than on material issues by diverting stakeholders’ attention from the firm’s low overall (...) sustainability performance. This paper assumes that the right business strategy can prevent such unethical actions. Based on Miles and Snow’s organizational theory, this paper distinguishes between Prospector and Defender business strategies. By employing multiple firm-level panel regressions, the findings suggest that Prospector-type firms are more likely to mismanage sustainability issues compared to Defender-type firms intentionally. The results give implications for researchers, regulators and standard setters, auditors, sustainability practitioners, and scholars. (shrink)

Reports of children participating in hunger strikes while detained in offshore detention centres raise interrelated ethical issues and recognizable challenges for the medical decision-makers at these sites. A composite case study, informed by reports in the public domain, is employed to explore the unique challenges of consent and decision-making in these circumstances and the perennial issues inherent in adolescents’ developing capacity and autonomy. We present an amalgamated case of a fourteen-year-old adolescent who refused to consent to medical reversal of her (...) hunger strike protest. The medical team became the final arbiter when her parents, who were also in detention, could not agree with each other even after mediation. The case explores the complexity of evaluating the adolescent’s capacity to provide informed consent while influenced by the opinions of co-detainees in this extreme setting. We argue that the parents and the child had compromised decisional capacity due to the effects of detention. The challenges to the medical team are recognized and discussed. The team members faced a difficult dilemma and considered the competing values of the multiple cultural and ethical factors. Each team member integrated his or her own roles, duties, and discipline-specific professional guidelines with the primary goal of mitigating potential harms. (shrink)

The dominant theory of elite power, grounded in Weberian bureaucracy, has analyzed elites in terms of stable positions at the top of enduring institutions. Today, many conditions that spawned these stable ‘command posts’ no longer prevail, and elite power thus warrants rethinking. This article advances an argument about contemporary ‘influence elites’. The way they are organized and the modus operandi they employ to wield influence enable them to evade public accountability, a hallmark of a democratic society. Three cases are presented, (...) first to investigate changes in how elites operate and, second, to examine varying configurations in which the new elites are organized. The cases demonstrate that influence elites intermesh hierarchies and networks, serve as connectors, and coordinate influence from multiple, moving perches, inside and outside official structures. Their flexible and multi-positioned organizing modes call for reconsidering elite theory and grappling with the implications of these elites for democratic society. (shrink)

By the end of April 1923, Paul Tillich’s Das System der Wissenschaften nach Gegenständen und Methoden (1981: The System of the Sciences according to Objects and Methods) was published by the German publishing house Vandenhoeck & Ruprecht in Göttingen. Based on numerous source documents from the publishers’ archives and particularly on the correspondence between the publishers Wilhelm and Gustav Ruprecht, hitherto unknown but now edited and commented on here, the present article explains that Tillich wrote his System of the Sciences (...) primarily for the publisher. It was Emanuel Hirsch who established the connection between them as the publishing house was looking for a new editor for their popular series Wege zur Philosophie (Ways to Philosophy), published since 1911. After Hirsch having brought Tillich into play, Wilhelm Ruprecht could convince the Berlin “Privatdozenten” to become the new editor of the series. As to the series, Tillich unfolded the concept of a comprehensive system design which covered 65 topics, i. e. forthcoming volumes. When the publisher then demanded that Tillich prove his abilities to write comprehensively in common language by providing a sample of a first issue of the series, he began to work on his System der Wissenschaften. Although this text contained all sorts of ideas and concepts, it was certainly not very well suited as an introduction to a series of popular accounts of the central themes and matters of philosophy. In the end, the System was published, although not as a volume of the series as having been announced by the publishing house in 1922, but as a text in its own right. (shrink)

In June 1947 Paul Tillich signed a contract with The University of Chicago Press for a “Systematic Theology” in two volumes. Having published the first volume in April 1951, he asked the publisher to split the second volume into two parts, which were published in 1957 as volume II and 1963 as volume III. In this article the different editions of “Systematic Theology” are described, and the economic aspects of writing and publishing this very influential academic book are explained. Many (...) unknown sources are presented. Some of them show Tillich as an author in real despair. (shrink)

Die University of Tokyo hatte mich zu einem Vortrag über die im Rahmen der Kritischen Gesamtausgabe als Band 9 (in drei Teilbänden) erscheinende Neuausgabe von Ernst Troeltschs “Soziallehren der christlichen Kirchen und Gruppen” eingeladen. Das mir vorgegebene Thema lautete: “The Significance of Troeltsch’s Soziallehren for the Present”’. Im ersten Teil skizziere ich die Genese von Troeltschs christentumshistorischem Hauptwerk. Im zweiten Teil geht es um die zentralen Themen seines “Lieblingsbuches”. Im dritten Teil werden einige seiner handschriftlichen Zusätze und Marginalien kurz vorgestellt, (...) die die 2020 erscheinende Kritische Ausgabe der “Soziallehren” erstmals zugänglich macht. Abschließend entfalte ich eine Antwort auf die Frage, warum es sich auch heute noch lohnt, Ernst Troeltsch zu lesen. (shrink)

By the end of April 1923, Paul Tillich’s Das System der Wissenschaften nach Gegenständen und Methoden (1981: The System of the Sciences according to Objects and Methods) was published by the German publishing house Vandenhoeck & Ruprecht in Göttingen. Based on numerous source documents from the publishers’ archives and particularly on the correspondence between the publishers Wilhelm and Gustav Ruprecht, hitherto unknown but now edited and commented on here, the present article explains that Tillich wrote his System of the Sciences (...) primarily for the publisher. It was Emanuel Hirsch who established the connection between them as the publishing house was looking for a new editor for their popular series Wege zur Philosophie (Ways to Philosophy), published since 1911. After Hirsch having brought Tillich into play, Wilhelm Ruprecht could convince the Berlin “Privatdozenten” to become the new editor of the series. As to the series, Tillich unfolded the concept of a comprehensive system design which covered 65 topics, i. e. forthcoming volumes. When the publisher then demanded that Tillich prove his abilities to write comprehensively in common language by providing a sample of a first issue of the series, he began to work on his System der Wissenschaften. Although this text contained all sorts of ideas and concepts, it was certainly not very well suited as an introduction to a series of popular accounts of the central themes and matters of philosophy. In the end, the System was published, although not as a volume of the series as having been announced by the publishing house in 1922, but as a text in its own right. (shrink)

Qu’est-ce que le travail? La question posée par le titre de ce recueil offre un tremplin pour des réponses multiples et nuancées, fruits de recherches sur un large spectre temporel et spatial. Les articles qui le composent répondent à cette question en interrogeant la façon dont le genre définit notre compréhension du travail. Se trouvent donc placés au premier plan les problèmes relatifs à l’égalité, le rôle du marché versus l’espace privé, la question des capacités de production comparée a...

In the wake of the most recent financial crisis, corporations have been criticized as being self-interested and unmindful of their relationship to society. Indeed, the blame is sometimes placed on the corporate legal form, which can exacerbate the tension between duties to shareholders and interests of stakeholders. In comparison, the Benefit Corporation (BC) is a new legal business entity that is obligated to pursue public benefit in addition to the responsibility to return profits to shareholders. It is legally a for-profit, (...) socially obligated, corporate form of business, with all the traditional corporate characteristics combined with societal responsibilities. Considering the history and perception of shareholder primacy in United States law, it is argued that this new business structure is an ethical step toward empowering socially committed commercial entities. The contribution of this research is to provide a fundamental base of knowledge about the new legal form of business, the BC, upon which further study may rely. First, the legal history of the corporation is briefly reviewed in order to provide context to the relationship of the corporate form to society, including exploration of the premise that shareholder wealth maximization is its best and only purpose. Second, the BC is described in detail, and state statutes are compared. Third, the BC is placed within the context of corporate social responsibility. Finally, opportunities for future research are discussed. (shrink)

This article unfolds in three stages. First, it locates the emergence of modern conceptions of social justice in industrializing Europe, and especially in the discovery of the “social,” which provided a particular idiom for the liberal democratic politics for most of the twentieth century. Second, the article links this particular conception of the social to the political rationalities of the postwar welfare state and the identity of the social citizen. Finally, the article discusses the myriad ways in which this legacy (...) of the social and social justice has been disrupted, although not yet fully displaced, by the economic orthodoxies and individualization that inform the contemporary neoliberal governing project in Canada. The result, the article concludes, has been the institutionalization of insecurity, which demands the renewal of a social way of seeing and a politics of social justice on local and global scales. (shrink)

Le présent article s’appuie sur une pratique psychologique dans le cadre de visites médiatisées. Il cible notamment les entretiens cliniques réalisés par le psychologue avec les parents dans l’après-coup des visites médiatisées et a pour objectif de saisir l’enjeu clinique de ces temps d’entretiens. Deux vignettes cliniques permettent d’esquisser les potentialités des rencontres en l’absence des enfants. Il apparaît que ces entretiens favorisent le rétablissement d’une activité de mentalisation et de symbolisation. Enfin, une discussion métapsychologique éclaire les études de cas.

This essay argues that Marshall McLuhan’s most important ideas on the media are to be found in the early writings of the 1940s and 1950s. McLuhan’s work did not provide policy makers with concrete recommendations, nor did he leave communication scholars with a theory of the media; but he developed new methodological ‘probes’ for thinking through the effects of a variety of media on environments and bodies in the newly mediated context of North America in the post-WWII period. His approach (...) to media technology was aesthetic, interdisciplinary, transnational, phenomenological and driven by a commitment to pedagogy. His work was prophetic in terms of recognizing that electronic media would transform experiences of space and time, and the interrelation between global and local cultures. (shrink)

Die University of Tokyo hatte mich zu einem Vortrag über die im Rahmen der Kritischen Gesamtausgabe als Band 9 (in drei Teilbänden) erscheinende Neuausgabe von Ernst Troeltschs “Soziallehren der christlichen Kirchen und Gruppen” eingeladen. Das mir vorgegebene Thema lautete: “The Significance of Troeltsch’s Soziallehren for the Present”’. Im ersten Teil skizziere ich die Genese von Troeltschs christentumshistorischem Hauptwerk. Im zweiten Teil geht es um die zentralen Themen seines “Lieblingsbuches”. Im dritten Teil werden einige seiner handschriftlichen Zusätze und Marginalien kurz vorgestellt, (...) die die 2020 erscheinende Kritische Ausgabe der “Soziallehren” erstmals zugänglich macht. Abschließend entfalte ich eine Antwort auf die Frage, warum es sich auch heute noch lohnt, Ernst Troeltsch zu lesen. (shrink)

For most of us, learning to communicate is as effortless as breathing, and like air, communication skills are elemental; integral to our human existence in this world. Our communicative competencies might be seen as a bridge, facilitating our relationship with the world we are immersed in. But what happens when a child has difficulty learning to communicate effectively? What happens when their most basic messages of hunger or thirst fail to be understood or they are unable to jointly share in (...) everyday experiences of curiosity, joy, frustration, or anger? In these situations, it is the role of the Speech-Language Pathologist (SLP) to span the distance between a child and their family, a child and the world, building a route for life experiences and understandings to cross over. An SLP often begins with assessment and after a brief interaction, an SLP may come to a ‘naming’ such as delay or disorder. While the caring professional may intend this naming to be helpful in better understanding a child or facilitating access to valuable support, this naming may also place an immeasurable weight upon the child and their family. The act of naming is therefore an ethical concern. Through observation and interviews, this paper presentation explores SLP’s experiences of coming to a diagnosis through the human lens of phenomenological inquiry. It seeks to enhance thoughtful and conscientious practice by considering the ‘ethical experience of caring responsibility’ as applied to SLP (van Manen, 2016). (shrink)

The subject of my dissertation is the notion, what could turn out, extracted from Naming and Necessity, in a context in which it is being used to show the contingency of gold's yellowness. ;In general, I seek to establish an actuality-oriented notion of what could turn out that makes a break with an epistemological picture of this notion as well as another making what could turn out for an object depend on what's metaphysically possible for it. ;In particular, I distinguish (...) various what-could-turn-out notions. I then develop an actuality-oriented notion of what could turn out on which what-could-turn-out truths are in subject-predicate form. Afterwards, I provide some of the necessary conditions for an object's possessing a what-could-turn-out predicate. That a what-could-turn-out predicate applies to an object depends on at least two conditions: that the object in question actually possess the simple property P contained within the complex modal one, could turn out P; and that, in principle, we could come to know of the object's actually possessing P. For example, in order for neutrinos to possibly turn out to have infinitesimal mass, it must at least be the case that they actually have infinitesimal mass, and that, in principle, we could come to know of their actually being as such. (shrink)

Professional providers of mental health services are motivated to help people, including, or especially, vulnerable people. We analyse the ethical implications of mental health providers accepting employment at detention centres that operate out of the normal regulatory structure of the modern state. Specifically, we examine tensions and moral harms experienced by providers at the Australian immigration detention centre on the island of Nauru. Australia has adopted indefinite offshore detention for asylum-seekers arriving by boat as part of a deterrence strategy that (...) relies on making detainment conditions harsh. This has known deleterious mental health effects. As a token to fiduciary care obligations, Australia employs mental health professionals to work on Nauru. These providers are often motivated to make a positive difference for detainees’ lives. We examine the overall impact of the providers’ work with detainees and the implications of their presence. The strongest evidence supports that the small mitigation of harms offered by these providers does not outweigh the harms of supporting a system designed to perpetuate human suffering. For mental health professionals considering working in offshore detention, we offer specific topics to scrutinise and weigh prior to employment. Because optimising detainee’s mental health is beyond the capacity of individual providers, we call for the organisations standardising and supporting mental health professionals to oppose employment of their associates in offshore detention. Lessons from this case study are generalisable to other jurisdictions to help inform organisations that licence and support mental health providers and individual providers considering work in similar settings. (shrink)

Downie and Schuklenk1 provide a clear narrative of the development of Canadian policy on medically assisted dying. This is very helpful for considering specific aspects of the continuing deliberations in Canada. This commentary presents an alternative perspective on the authors’ argument that narrow eligibility criteria for medical assistance in dying are discriminatory and unjustified. I argue that disability or mental illness as sole reason for accessing MAiD removes protections for all people who have times in their life when they have (...) mental illness or disability combined with intolerable suffering. I claim that individuals do not make their best, self-actualising decisions at those times and the supposed protections of vague terms such as incurable, advanced and decline are not clinically useful for evaluating eligibility for individuals with chronic health conditions. Within discussion of the impact of social determinants of health on access to MAiD, the authors present the argument that decisionally capable people with mental illness or disabilities as their sole underlying condition should be allowed to access MAiD. The authors state that opposing this access sacrifices patient rights and strips people of their agency. To support their argument, they embrace the idea that people with mental illness or disabilities belong to an identifiable cohort. They claim that …. (shrink)

The sexual assault of persons with mental disabilities occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most (...) sexual assaults of women with mental disabilities. We argue that existing Criminal Code provisions in Canada are inadequate to address this type of exploitation because courts have consistently failed to recognize that such abuses of power and trust are fundamentally inconsistent with any notion of voluntary consent. (shrink)

Ayahuasca is a psychoactive beverage that is mostly used in ritualized settings (Santo Daime rituals, neo-shamanic rituals, and even do-it-yourself-rituals). It is a common practice in the investigated socio-cultural field to call these settings “healing rituals.” For this study, 15 people who underwent ayahuasca (self-)therapy for a particular disease like chronic pain, cancer, asthma, depression, alcohol abuse, or Hepatitis C were interviewed twice about their subjective concepts and beliefs on ayahuasca and healing. Qualitative data analysis revealed a variety of motivational (...) patterns, subjective effects, and user types. Most participants were convinced that ayahuasca had influenced their illness positively or improved their coping with their illness. More importantly, it had enhanced their well being in general. As a result, we concluded that the effects of ayahuasca should not be reduced to a pharmacological model. The substance should be conceptualized as a psychological catalyst that unfolds within different fields of sociocultural ideas. (shrink)

En prenant pour exemple mon parcours personnel allant du travail de la cure à celui de l’écriture, des violences politiques reflétées dans celles de la famille à la douleur de leurs inscriptions psychiques et textuelles, la première partie de l’exposé montrera en quoi le travail d’élaboration et d’écriture que doit effectuer un descendant de survivants, s’il cherche à psychiser, historiciser et inscrire le trauma de ses ascendants, constitue une démarche violente et transgressive. La seconde partie dégagera quelques aspects des déterminants (...) psychiques qui affectent les descendants de survivants : le caractère double du vécu traumatique, l’expérience d’une délocalisation psychique en l’absence d’image narcissisante, le souvenir de la terreur dans le rapport aux autres, la mutilation ou l’incapacité d’être. (shrink)