For decades, the discussion on children’s competence to consent to medical issues has concentrated around normative concerns, with little progress in clinical practices. Decision-making competence is an important condition in the informed consent model. In pediatrics, clinicians need to strike a proper balance in order to both protect children’s interests when they are not fully able to do so themselves and to respect their autonomy when they are. Children’s competence to consent, however, is currently not assessed in a standardized way. (...) Moreover, the correlation between competence to give informed consent and age in children has never been systematically investigated, nor do we know which factors exactly contribute to children’s competence. (shrink)

Although law is established on a strong presumption that persons younger than a certain age are not competent to consent, statutory age limits for asking children’s consent to clinical research differ widely internationally. From a clinical perspective, competence is assumed to involve many factors including the developmental stage, the influence of parents and peers, and life experience. We examined potential determining factors for children’s competence to consent to clinical research and to what extent they explain the variation in competence judgments.

BackgroundFor many decades, the debate on children’s competence to give informed consent in medical settings concentrated on ethical and legal aspects, with little empirical underpinnings. Recently, data from empirical research became available to advance the discussion. It was shown that children’s competence to consent to clinical research could be accurately assessed by the modified MacArthur Competence Assessment Tool for Clinical Research. Age limits for children to be deemed competent to decide on research participation have been studied: generally children of 11.2 (...) years and above were decision-making competent, while children of 9.6 years and younger were not. Age was pointed out to be the key determining factor in children’s competence. In this article we reflect on policy implications of these findings, considering legal, ethical, developmental and clinical perspectives.DiscussionAlthough assessment of children’s competence has a normative character, ethics, law and clinical practice can benefit from research data. The findings may help to do justice to the capacities children possess and challenges they may face when deciding about treatment and research options. We discuss advantages and drawbacks of standardized competence assessment in children on a case-by-case basis compared to application of a fixed age limit, and conclude that a selective implementation of case-by-case competence assessment in specific populations is preferable. We recommend the implementation of age limits based on empirical evidence. Furthermore, we elaborate on a suitable model for informed consent involving children and parents that would do justice to developmental aspects of children and the specific characteristics of the parent-child dyad.SummaryPrevious research outcomes showed that children’s medical decision-making capacities could be operationalized into a standardized assessment instrument. Recommendations for policies include a dual consent procedure, including both child as well as parents, for children from the age of 12 until they reach majority. For children between 10 and 12 years of age, and in case of children older than 12 years in special research populations of mentally compromised patients, we suggest a case-by-case assessment of children’s competence to consent. Since such a dual consent procedure is fundamentally different from a procedure of parental permission and child assent, and would imply a considerable shift regarding some current legislations, practical implications are elaborated. (shrink)

ABSTRACTInitial evaluations generalise to new contexts, whereas counter-attitudinal evaluations are context-specific. Counter-attitudinal information may not change evaluations in new contexts beca...

The study examines the ontological similarity between the concept of competitor orientation and questionable intelligence-gathering efforts. Respondents from the hotel industry were surveyed with self-administered questionnaires. Exploratory factor analysis was carried out to identify the structure underlying variables of market orientation and ethical judgment on questionable intelligence-gathering efforts. The results suggest that the surveyed hotel managers are unable to distinguish the legitimate tactics of competitor orientation from the questionable practice of industrial espionage.

Pedro Abelardo desarrolla un pensamiento ético, poco cercano a la filosofía moral posterior, que se estructura con base en varios conceptos, entre ellos la razón y la subjetividad moral. El primero, como poder discursivo sobre la vida moral y como razonamiento moral. Al respecto de la subjetividad m..

Grace Lee Boggs (1915–2015) was a philosopher and activist influenced by Hegel, Marx, Malcolm X, Martin Luther King, Jr., and her collaborators C. L. R. James and Jimmy Boggs. During her long career, she inspired a generation of young thinker-activists to establish institutions and practices in Detroit to promote community and justice. The article gives an overview of her life and accomplishments, discusses the social and political philosophy set forth in her book The Next American Revolution: Sustainable Activism for (...) the Twenty-first Century, and reviews the documentary about her by director Grace Lee, American Revolutionary: The Evolution of Grace Lee Boggs. (shrink)

continent. 1.4 (2011): 240—241. “Pirogenetico, Pirogenetico”, 2009 Installation composée de deux tables en métal et trois blocs d’obsidienne et leur moulages. © Coll.Centre Pompidou / Distr. RMN I'm not so sure that art is so ambiguous. I just think it's not linguistic. It's more full and complex than language— we can experience it but not explain it. —Jimmie Durham(1) Jimmie Duraham is an American artist of Cherokee descent. He’s a visual artist and a political activist for the American Indian Movement. (...) Pirogenetico pirogenetico (2009) was recently installed at the Centre Pompidou as part of their “New Presentation of the Contemporary Collections.” His work is replete with wild ideas shaped by a sage, unpretentious impulse and an automatic responsibility to history, particularly his own Cherokee history. Confident from instability, and free from pedagogical language, he strings form and words together that sharply pierce the atmosphere of ideology. Durham doesn’t follow a line and he doesn’t depend on the scaffold of language, but the work makes a remarkable point. Pirogenetico, pirogenetico is a collection of three obsidian rocks, cut and then cast as a double in German silver. Each threesome sits on its own low metal table, forming a diptych. The cut of the original follows the shattering nature of obsidian, which Durham undercuts and monumentalizes in the double. The derivative double and its mannered original: they are nearly too beautiful but still can’t deny the violence. If Durham’s irony, his edge, is obscured by the volume of his forms, it’s reactivated in a video on the adjacent wall where the obsidian cuts through a heart organ. Durham’s syntax is spare. He knows that language isn’t big enough to tell the story, reminding us, as Lacan stated, “I always speak the truth. Not the whole truth... because saying it all is impossible: words fail.”(2) In place of language Durham uses an alternative accuracy that compounds history with the present, a mashup of material things, a collision of aesthetics that shakes down conventional wisdom, replacing it with searing poetry. NOTES (1) Heyokamagazine. “ Jimmie Durham: The Pursuit of Happiness .” (2) Lacan, Jacques. Television: A Challenge to the Psychoanalytic Establishment . Ed. Joan Copjec. Trans. Dennis Hollier, Rosalind Kraus, and Annette Michelson. (New York: Norton, 1990). p. 18. (shrink)

If it were followed by “I’m a president,” Richard Nixon’s televised denial (“I am not a crook”) would be tantamount to Jimmy McGill’s self-portrayal in Better Call Saul. Out of the crooked timber of humanity, an honest president or an ethical lawyer rarely emerges. They’re like needles in a haystack. Nevertheless, it’s worthwhile to search for these rare artifacts and, in the process, ask, “Why do so many lawyers (and presidents) fall from grace, transforming into morally bad or corrupt (...) actors?” The ability to be a good or ethical person can deteriorate over time. In their personal and professional lives, people can make consistently poor choices in their capacity as moral agents. In turn, they cultivate flawed habits or what are often referred to as vices. Jimmy McGill’s trajectory is, without a doubt, a harrowing story of moral decline. In some ways, his transformation into Saul Goodman resembles a trite story about how a profession, lawyering, corrupts its practitioners. On a deeper level, McGill’s journey involves a fundamental change in how he habitually interacts with his environment, a change of motivation and disposition that is, almost entirely, a change for the worse. To know the content of Jimmy’s character is to be familiar with his story, a story of moral decline and ethical failure. (shrink)

In this eleventh book of scilogs – called in-turns and out-turns –, one may find new and old questions and solutions, referring mostly to topics on Neutrosophy, but also Multispace, with miscellaneous addition of topics on Physics, Mathematics, or Sociology – email messages to research colleagues, or replies, notes about authors, articles, or books, spontaneous ideas, and so on. -/- Exchanging ideas with Prem Kumar Singh, Feng Liu, Nicolae Bălașa, Jimmy Quellet, Minodora Rușchița, Frank Gelli, A. R. Vătuiu, Victor (...) Christianto, Vladimir I. Rogozhin, Robert Neil Boyd, Akira Kanda, Stefan Spaarmann, Oliver Consa, Yabin Shao, Junle Zhuo, Nivetha Martin, Said Broumi, Jean Dezert, Erick González, Tomasz Witczak, B. De Baets, I. Couso, D. Dubois, L. Good, Mihaela Colhon, Atiqe Ur Rahman, Muhammad Saeed, Muhammad Ihsan, Edeline Nancy, Shawkat Alkhazaleh, Shazia Rana, Vasantha Kandasamy, Santanu Acharjee, Mohamed Al-Shmrani, Parimala Manie, Mehmet Unver, Murat Olgun, Adel Aleidhri, Akira Kanda, Ilanthenral Kandasamy, Mircea Zărnescu, R. Tayebi Khorami, Arsham Borumand Saeid, Maisam Jdid, M. Abobala, Riad Hamido, Rafael Rojas, Esmaeil Zarei, Faisal Khan, Rouzbeh Abbassi, Adel Al-Odhari, Henry Garrett, Ackbar Rezaei, Saeid Jafari, Karthika Muthusamy, Harish Garg, Huda E. Khalid, Gonca D. Güngör, Muslim A. Noah Zainal, Fakhry Asad Agusfrianto, Madeleine Al-Tahan, Mariam Hariri, Yudi Mahatma, Masoud Ghods, Marco Brigliadori, Luis Enrique Aponte Pérez, Amr Mohammed, M. Aslam (in order of reference in the book). (shrink)

Is God's foreknowledge compatible with human freedom? One of the most attractive attempts to reconcile the two is the Ockhamistic view, which subscribes not only to human freedom and divine omniscience, but retains our most fundamental intuitions concerning God and time: that the past is immutable, that God exists and acts in time, and that there is no backward causation. In order to achieve all that, Ockhamists distinguish ‘hard facts’ about the past which cannot possibly be altered from ‘soft facts’ (...) about the past which are alterable, and argue that God's prior beliefs about human actions are soft facts about the past. (shrink)

The use of platelet rich plasma as a novel treatment is discussed in the context of a qualitative research study comprising 38 interviews with sports medicine practitioners and other stakeholders working within the English Premier League during the 2013–16 seasons. Analysis of the data produced several overarching themes: conservatism versus experimentalism in medical attitudes; therapy perspectives divergence; conflicting versions of appropriate evidence; subcultures; community beliefs/practices; and negotiation of medical decision-making. The contested evidence base for the efficacy of PRP is presented (...) in the context of a broader professional shift towards evidence based medicine within sports medicine. Many of the participants while accepting this shift are still committed to casuistic practices where clinical judgment is flexible and does not recognize a context-free hierarchy of evidentiary standards to ethically justifiable practice. We also discuss a tendency in the data collected to consider the use of deceptive, placebo-like, practices among the clinician participants that challenge dominant understandings of informed consent in medical ethics. We conclude that the complex relation between evidence and ethics requires greater critical scrutiny for this emerging specialism within the medical community. (shrink)

Feminist Geneaologies, Colonial Legacies, Democratic Futures provides a feminist anaylsis of the questions of sexual and gender politics, economic and cultural marginality, and anti-racist and anti-colonial practices both in the "West" and in the "Third World." This collection, edited by Jacqui Alexander and Chandra Talpade Mohanty, charts the underlying theoretical perspectives and organization practices of the different varieties of feminism that take on questions of colonialism, imperialism, and the repressive rule of colonial, post-colonial and advanced capitalist nation-states. It provides a (...) comparative, relational, historically grounded conception of feminist praxis that differs markedly from the liberal pluralist, multicultural understanding that sheapes some of the dominant version of Euro-American feminism. As a whole, the collection poses a unique challenge to the naturalization of gender based in the experiences, histories and practices of Euro-American women. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:René Girard and the Rhetoric of ConsumptionKathleen M. Vandenberg (bio)The work of René Girard, so productively applied in so many different fields—in theology, in anthropology, in literature, to name a few—has yet to be recognized or applied in the field of rhetorical studies. Yet there exists, I argue, a need precisely for Girard's theories as the over 2000 year-old discipline enters the twenty-first century.Girard's theory of mimetic or triangular (...) desire can be used as a model for understanding persuasion, because it is, among other things, an "expression of a basic set of ideas on... the dynamics of the self and human relations" (1996, vii). Girard's concern is with human relationships and, in a sense, with how individuals in these relationships act rhetorically upon themselves and others. Girard's mimetic theory hinges on the dynamics of imitation and explains how individuals relate through both the conscious and the unconscious sharing of behaviors, attitudes, and beliefs in certain situations. These situations are clearly rhetorical, as can be seen by examining the definition of the "rhetorical situation" set forth by Lloyd Bitzer, in his seminal 1968 article, "The Rhetorical Situation." Bitzer proposes three conditions that must be met for a rhetorical situation to exist: an exigency or imperfection marked by urgency; a rhetorical audience or an audience that can act; and constraints, or elements that have the power to constrain the decision and action needed to modify the exigency (7). In mass-mediated modern rhetoric, I argue that the exigencies exist externally (in the culture) and internally, the audience is both others and self, and the constraints are the alienation, mystification, and desire generated by hierarchies. Twentieth-century rhetorical theorist Kenneth Burke advises that "we must often think of rhetoric not in terms of some one particular address, but as a general body of identifications that owe their convincingness much more to trivial repetition and dull daily reënforcement than to exceptional rhetorical skill" (1950, 26). Such is the case with this particular form of rhetoric, which is generated and propagated by mimetic contagion and thus is best more narrowly defined as sociological propaganda, a type of propaganda [End Page 259] theorized by Jacques Ellul in Propaganda: The Formation of Men's Attitudes (1975).Ellul, the first to distinguish between political propaganda and sociological propaganda, proposes that the latter encompasses social behaviors "much more vast and less certain" than those of political propaganda (1975, 62). These social behaviors permit the penetration of an ideology in a society, a penetration that is achieved through the active participation of the masses. Sociological propaganda, as Ellul describes it, works from within; it is dependent on the individual's willingness and ability to persuade him- or herself and others. Sociological propaganda, Ellul posits, is created when members of a group behave in such a way as to influence the attitudes, actions, and lifestyles of others; often this behavior is unconscious, unintentional, and spontaneous.In these ways, the rhetoric of sociological propaganda operates in a markedly different fashion than more "traditional" rhetoric, which is largely understood to operate as a unilateral transaction in which an individual orator actively, openly, and orally works to move a relatively passive but physically present audience to act in accordance with the orator's own beliefs through a formally delivered speech. In its reliance on the interaction and cooperation of the many rather than the centrality and dominance of one speaker, in its acceptance of unintentional, spontaneous, and unconscious persuasion, in its dependence on the modern mass media, and in the limitless and nebulous nature of its boundaries in time and space, sociological propaganda constitutes a type of rhetoric heretofore insufficiently addressed by rhetorical studies. Although existing perspectives in rhetorical criticism have certainly addressed some aspects of this rhetoric, sociological propaganda is not easily explained with the terminology of traditional rhetorical criticism or easily approached from traditional rhetorical perspectives.This article asserts that the best way to approach and understand such propaganda is through the perspective of René Girard. Approaching this propaganda from a Girardian perspective permits us to look beyond the symbols of sociological propaganda and analyze our own responsibility in rhetorical... (shrink)

Exploring the darkest side of organizations may have a potential to change our previous assumptions about business life. Scholars both in management and organizational research fields have shown interest in the "bright" side of behavioral life and have looked for the ways to create a positive organizational climate and assumed a positive relation between happiness of employees and productivity. These main assumptions of the Human Relations School have dominated the scientific inquiry on organizational behavior. However, "the dark side of organizational (...) life" may have more explanatory power than "the bright side". Hostility, jealousy, envy, rivalry, gossip, problematic personalities, dislike, revenge, and social exclusion are the realities of business life. A manager may devote most of their time to cope with conflicts, deviant behaviors, ambitious individuals, gossips, and dysfunctional rivalry among employees. It is evident that negative events and interactions among employees cost more time and energy for a manager than the positive side of organizational life. This edited collection specifically focuses on these issues and will be of interest to researchers, academics, and advanced students in the fields of management, organizational studies and behavior, sociology, social psychology, and human resource management. (shrink)

v. 1. Philosophie. Rechtsphilosophie -- v. 2-4. Volkenrecht -- v. 5-6. Rechtsgeschiedenis. Burgerlijk recht. Procesrecht. Octrooirecht. Studie.

In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so (...) is explained, and the implications of this position regarding the relation between rights and duties is explored. (shrink)

Plato's Timaeus contains a powerful and influential myth, of the construction of the universe by a divine craftsman. A god imposes reason on necessity, to bring order from a primeval 'receptacle' of disordered matter. There results the 'child' that is the cosmos - a copy of an eternally-existing perfect model. Here eight new essays from a distinguished international cast, explore aspects of this challenging work: the principles of the mythical narrative, how the world soul and human body are formed, implications (...) for illness - mental and physical, the importance of music and harmonious proportion. Later developments are also treated: Aristotle's theory of generation, the commentary of Proclus and elements of modern evolutionary theory. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

According to the standard analysis of degree questions, the logical form of a degree question contains a variable that ranges over individual degrees and is bound by the degree question operator how. In contrast with this, we claim that the variable bound by the degree question operator how does not range over individual degrees but over intervals of degrees, by analogy with Schwarzschild and Wilkinson's proposal regarding the semantics of comparative clauses. Not only does the interval-based semantics predict the existence (...) of certain readings that are not predicted under the standard view, it is also able, together with other natural assumptions, to account for the sensitivity of degree questions to negative islands, as well as for the fact, uncovered by Fox and Hackl, that negative islands can be obviated by some properly placed modals. Like Fox and Hackl, we characterize negative island effects as arising from the fact that the relevant question, due to its meaning alone, can never have a maximally informative answer. Contrary to Fox and Hackl, however, we do not need to assume that scales are universally dense, nor that the notion of maximal informativity responsible for negative islands is blind to contextual parameters. (shrink)

This paper examines the deontic logic of the Talmud. We shall find, by looking at examples, that at first approximation we need deontic logic with several connectives: O T A Talmudic obligation F T A Talmudic prohibition F D A Standard deontic prohibition O D A Standard deontic obligation. In classical logic one would have expected that deontic obligation O D is definable by $O_DA \equiv F_D\neg A$ and that O T and F T are connected by $O_TA \equiv F_T\neg (...) A$ This is not the case in the Talmud for the T (Talmudic) operators, though it does hold for the D operators. We must change our underlying logic. We have to regard {O T , F T } and {O D , F D } as two sets of operators, where O T and F T are independent of one another and where we have some connections between the two sets. We shall list the types of obligation patterns appearing in the Talmud and develop an intuitionistic deontic logic to accommodate them. We shall compare Talmudic deontic logic with modern deontic logic. (shrink)