A central concept in Dutch health law is the care of a good caregiver. We find this standard in various statutes and in legal doctrine. This concept is, however, vague and open and must be made more concrete in professional practice, in moral theory, and in law. In this article, we explore the implications of this complex standard and analyze what moral philosophy and jurisprudence can contribute to its clarification and implementation in professional practice and law. We start with some (...) reflections on how practitioners see this norm and try to live up to it. (shrink)

A comparison between the Prolegomena of Chapter II of De iure praedae and the Prolegomena of De iure belli ac pacis leads to the conclusion that the ideas of Grotius on legal systematization have changed considerably between 1604 and 1625. Whereas Grotius starts in IPC with general principles with a rather unclear distinction between leges and regulae, in IBP he gives first the philosophical and theological basis of international law, intertwined by a concise set of general legal rules, mostly derived (...) from Roman law after its reception in Western Europe. The general outlines of legal systematization in the early-modern period are expounded. In the attempts of legal systematization the concept of subjective rights is essential. These subjective rights are not, as is sometimes assumed, a medieval renewal of legal technique, but can be found essentially already in classical Roman law of the first centuries AD.The institutional system is not yet visible in De iure praedae, it might be different for De iure belli ac pacis. Significant here are possibly the expressions ius ad bellum and ius in bello. (shrink)

This study is focused on unsustainable agri-food systems, especially intensive livestock farming and its resulting environmental harms. Specifically we focus on the development of technologies that seek to mitigate these environmental harms. These technologies are generally developed as incremental innovations in response to government regulation. Critics of these technological solutions allege that these developments legitimate unsustainable food production systems and are incapable of supporting agri-food systems transformation. At the same time, technology developers and other actors seek to present these technologies (...) as the legitimate solution to agri-environmental harms. Our study seeks to explore the perceptions and constructions of legitimacy for technologies that are developed to reduce ammonia emissions in intensive livestock farming in Flanders (Belgium). We use a qualitative case study, employing semi-structured interviews and workshops, with technology developers of ammonia-emission reducing technologies and stakeholders in the intensive livestock farming industry in Flanders. What our study shows is that technologies developed to reduce emissions are dependent on regulative legitimacy. The normative and cognitive legitimacy of these technologies is lacking, both due to ties to the intensive livestock industry and due to uncertainty over the performance of these technologies. With the delegitimation of intensive livestock farming, the legitimacy of these technologies is also under threat. In response, technology developers are looking to (re-)construct this legitimacy through knowledge claims over the performance of their technologies. We show several ways for other actors to deal with this, centred on either re-legitimising technologies to maintain the status quo, or to contest these knowledge claims and use them to disrupt path dependencies. (shrink)

The paper discusses ten philosophical problems in deontic logic: how to formally represent norms, when a set of norms may be termed ‘coherent’, how to deal with normative conflicts, how contraryto-duty obligations can be appropriately modeled, how dyadic deontic operators may be redefined to relate to sets of norms instead of preference relations between possible worlds, how various concepts of permission can be accommodated, how meaning postulates and counts-as conditionals can be taken into account, and how sets of norms may (...) be revised and merged. The problems are discussed from the viewpoint of input/output logic as developed by van der Torre & Makinson. We argue that norms, not ideality, should take the central position in deontic semantics, and that a semantics that represents norms, as input/output logic does, provides helpful tools for analyzing, clarifying and solving the problems of deontic logic. (shrink)

Dit artikel is, samen met een nog volgend tweede, bedoeld als aanzet tot een bredere studie. Die studie zal, naar ik hoop, binnen twee jaar voltooid zijn. Ze maakt in zekere mate deel uit van een onderzoeksprogramma dat in uitvoering is aan de Faculteit der Wijsbegeerte van de Vrije Universiteit. Het is nu niet van belang de eigen plaats ervan binnen dat programma nauwkeuriger te omschrijven. Wel kan worden gezegd dat de studie een sterk historische inslag heeft, maar uitmondt in (...) een meer persoonlijke, systematische beschouwing. Dat artikelen met dit thema een plaats krijgen in Philosophia Reformata, behoeft waarschijnlijk weinig betoog. Een tijdschrift dat ontstaan is uit een herbezinning op reikwijdte en functie van “rede”, een herbezinning die ertoe leidde “liefde” als dieptemotief in de werkelijkheid te honoreren, —zo’n tijdschrift lijkt geen ongeschikte plek. (shrink)

Diverse omstandigheden hebben het schrijven en verschijnen van het in jaargang 62, nr. 2 aangekondigde slotartikel vertraagd. Ook toen al uitte ik het voornemen de vier denkers die in het tweede artikel besproken waren nog even te groeperen. Zo’n korte groepering lijkt nu, na meer dan twee jaar, des te meer wenselijk. De vier besproken filosofen waren allen, zij het op uiteenlopende wijze, op zoek naar een nieuwe bepaling van de verhoudingen, — niet alleen tussen “Leidenschaft” en “Vernunft”, maar ook (...) tussen “Leidenschaft” als in-zet — meer actief — en als “passio”, in de zin van “lijden”. (shrink)

Het denken van de Nederlandse filosoof Leo Polak (1880-1941) heeft nog altijd niet aan actualiteit ingeboet. Hij bepleitte hartstochtelijk de autonomie van de menselijke rede, worstelde met de grondslag van onze ethiek en wierp zich in een tijd van politieke massabewegingen en toenemende verzuiling op als kampioen van het vrije denken. Zelfs tijdens de Duitse bezetting hield hij vast aan zijn zelfstandig oordeel – een houding die hij eind 1941 met de dood in een concentratiekamp moest bekopen. Al die (...) jaren hield hij een dagboek bij, voor hem een essentieel middel om greep te krijgen op zijn leven. Op basis hiervan worden in deze bundel nieuwe aspecten van Polaks leven en werk belicht: zijn denken over schuld en vergelding, zijn verhouding tot grote filosofen als Spinoza en Heymans en zijn houding tegenover het nationaalsocialisme, maar ook zijn familieleven, zijn boekenverzameling en zijn geestelijke nalatenschap. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 3 Seiten: 308-333.

Bloemlezing van filosofische sleutelteksten uit de 18e-eeuwse Verlichting.

Die alttestamentliche Gottesrede kennt in ihren unterschiedlichen Spielarten ein wechselseitiges Verweisverhältnis zwischen Gott und Mensch. Darin begegnet die Perfektion Gottes als Grenzbestimmung und das Imperfekte als Modus der Darstellung Gottes. In der Konsequenz lassen sich weder der Mensch noch Gott in den Vorstellungen des Perfekten oder des Imperfekten allein angemessen erfassen.

Several complexity theorists draw a sharp and ontologically robust distinction between (merely) complicated systems and (genuinely) complex systems. I argue that this distinction does not hold. Upon fine-grained analysis, ostensibly complicated systems turn out to be complex systems. The purported boundary between the complicated and the complex appears to be vague rather than sharp. Systems are complex by degrees.

Moral case deliberation (MCD) is a specific form of clinical ethics, aiming to stimulate ethical reflection in daily practice in order to improve the quality of care. This article focuses on the implementation of MCD in nursing homes and the questions how and where to organize MCD. The purpose of this study was to evaluate one way of organizing MCD in two Dutch nursing homes. In both of these nursing homes the MCD groups had a heterogeneous composition and were organized (...) apart from existing institutional communication structures. As part of a naturalistic evaluation, systematic observations, interviews and focus groups were completed. The findings indicate that the heterogeneous composition and MCD meetings separate from existing structures have benefits. However, the participants also reported negative experiences. This gives rise to the question whether a mixed MCD group which meets separately is an effective way to embed MCD as an instrument for reflection on moral issues in daily practice. We conclude that there is no single answer to that question. In the end, the two implementation strategies (i.e. within existing communication structures and a mixed MCD group) can be complementary to each other. (shrink)

William Whewell’s philosophy of science is often overlooked as a relic of 19th century Whiggism. I argue however that his view – suitably modified – can contribute to contemporary philosophy of science, particularly to debates around scientific progress. The reason Whewell’s view needs modification is that he makes the following problematic claim: as science progresses, it reveals necessarily truths and thereby grants a glimpse of the mind of God. Modifying Whewell’s view will involve reinventing his notion of necessary truth as (...) the pragmatist notion of superassertibility. And, if scientific progress does not uncover necessary truths, then it does not reveal the mind of God. The result is an outline of an account of scientific progress that is piecemeal and fallibilist in nature, yet at the same time maintains key Whewellian themes of consilience and the unity of science. (shrink)

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

Branching-time temporal logics have proved to be an extraordinarily successful tool in the formal specification and verification of distributed systems. Much of their success stems from the tractability of the model checking problem for the branching time logic CTL, which has made it possible to implement tools that allow designers to automatically verify that systems satisfy requirements expressed in CTL. Recently, CTL was generalised by Alur, Henzinger, and Kupferman in a logic known as Alternating-time Temporal Logic (ATL). The key insight (...) in ATL is that the path quantifiers of CTL could be replaced by cooperation modalities, of the form , where is a set of agents. The intended interpretation of an ATL formula is that the agents can cooperate to ensure that holds (equivalently, that have a winning strategy for ). In this paper, we extend ATL with knowledge modalities, of the kind made popular in the work of Fagin, Halpern, Moses, Vardi and colleagues. Combining these knowledge modalities with ATL, it becomes possible to express such properties as group can cooperate to bring about iff it is common knowledge in that . The resulting logic — Alternating-time Temporal Epistemic Logic (ATEL) — shares the tractability of model checking with its ATL parent, and is a succinct and expressive language for reasoning about game-like multiagent systems. (shrink)

Critical Concepts for the Creative Humanities is the first book to outline and define the specific and evolving field of the creative humanities and provides the field's nascent bibliography.

Paul Cilliers has developed a novel post-structural approach to complexity that has influenced several writers contributing to the current complexity literature. Concomitantly however, Cilliers advocates for modelling complex systems using connectionist neural networks (rather than analytic, rule-based models). In this paper, I argue that it is dilemmic to simultaneously hold these two positions. Cilliers’ post-structural interpretation of complexity states that models of complex systems are always contextual and provisional; there is no exclusive model of complex systems. This sentiment however appears (...) at odds with Cilliers’ promotion of connectionist neural networks as the best way to model complex systems. The lesson is that those who currently follow Cilliers’ post-structural approach to complexity cannot also develop a preferred model of complex systems, and those who currently advocate for some preferred model of complex systems cannot adopt the post-structural approach to complexity without giving up the purported objectivity and/or superiority of their preferred model. (shrink)

Douglas Edwards is arguably the most prominent contemporary advocate of moderate alethic pluralism. Significantly influenced by Crispin Wright and Michael Lynch, his work on the nature of truth has become widely discussed in the topical literature. Edwards labels his version of moderate alethic pluralism determination pluralism. At first blush, determination pluralism appears philosophically promising. The position deserves thoughtful consideration, particularly because of its capacity to accommodate the scope problem. I argue, however, that upon analysis the view is better understood as (...) a form of metaphysical dualism or what I will call meta-dualism. Furthermore, determination pluralists face a dilemma; there appears to be an instability at the core of their dualistic model. On the one horn of the dilemma, they need a clear metaphysical demarcation at the interface of their two necessary domains. On the other horn, they seem to need to a metaphysically vague boundary at the interface of their two necessary domains. Determination pluralism needs substantial revision. (shrink)

Wellbeing describes how good life is for the person living it. Wellbeing comes in degrees. Subjective theories of wellbeing maintain that for objects or states of affairs to benefit us, we need to have a positive attitude towards these objects or states of affairs: the Resonance Constraint. In this article, we investigate to what extent subjectivism can plausibly account for degrees of wellbeing. There is a vast literature on whether preference-satisfaction theory – one particular subjective theory – can account for (...) degrees of wellbeing. This is generally taken to be problematic. However, other subjective theories – namely, desire-satisfaction, judgment- and value-fulfillment theories – do not suffer from the same difficulties. We introduce two models of degrees of wellbeing a subjectivist can employ: the Relative and the Absolute Model, and defend the claim that both models face difficulties. In particular, we argue that a subjectivist theory should describe instances of depression as instances of low degrees of wellbeing. We also argue that a reduction of desires may sometimes improve one’s degree of wellbeing, an idea we call the Epicurean Intuition. We then argue that the Relative Model fails to account for the disbenefit of certain types of depression, while the Absolute Model fails to meet a central commitment of subjectivism – the Resonance Constraint – and is unable to accommodate the Epicurean Intuition. The upshot of the paper is that subjectivist theories cannot account for degrees of well-being in a plausible way. (shrink)

Performance measurement systems have the potential to improve organizational outcomes, but they often come at a cost. This commentary highlights the individual, organizational, and societal costs of performance measurement systems and explores how such costs could be reduced.

It is often alleged that Cantor’s views about how the set theoretic universe as a whole should be considered are fundamentally unclear. In this article we argue that Cantor’s views on this subject, at least up until around 1896, are relatively clear, coherent, and interesting. We then go on to argue that Cantor’s views about the set theoretic universe as a whole have implications for theology that have hitherto not been sufficiently recognised. However, the theological implications in question, at least (...) as articulated here, would not have satisfied Cantor himself. (shrink)

Crossing the road within the traffic system is an example of an action human agents perform successfully day-to-day in complex systems. How do they perform such successful actions given that the behaviour of complex systems is often difficult to predict? The contemporary literature contains two contrasting approaches to the epistemology of complex systems: an analytic and a post-modern approach. We argue that neither approach adequately accounts for how successful action is possible in complex systems. Agents regularly perform successful actions without (...) obeying (explicit or implicit) algorithmic rules (as the analytic approach suggests) and without an existential leap to action (as the post-modern approach suggests). We offer an alternative: A common-sense pragmatist epistemology, one that focuses on the kind of actions making up most agents’ successful moment-to-moment actions in complex systems. Successful actions obtain when agents apply ceteris paribus rules-of-thumb during predictive and decisional practices while achieving some desired goal. (shrink)

This paper is on the update semantics for might of Veltman. Threeconsequence relations are introduced and studied in an abstract setting.Next we present sequent-style systems for each of the consequence relations.We show the logics to be complete and decidable. The paper ends with asyntactic cut elimination result.

ABSTRACT Over the past few decades the concept of (human) dignity has deeply pervaded medical ethics. Appeals to dignity, however, are often unclear. As a result some prefer to eliminate the concept from medical ethics, whereas others try to render it useful in this context. We think that appeals to dignity in medical ethics can be clarified by considering the concept from an historical perspective. Firstly, on the basis of historical texts we propose a framework for defining the concept in (...) medical debates. The framework shows that dignity can occur in a relational, an unconditional, a subjective and a Kantian form. Interestingly, all forms relate to one concept since they have four features in common: dignity refers, in a restricted sense, to the ‘special status of human beings’; it is based on essential human characteristics; the subject of dignity should live up to it; and it is a vulnerable concept, it can be lost or violated. We argue that being explicit about the meaning of dignity will prevent dignity from becoming a conversation‐stopper in moral debate. Secondly, an historical perspective on dignity shows that it is not yet time to dispose of dignity in medical ethics. At least Kantian and relational dignity can be made useful in medical ethics. (shrink)

This paper is on the update semantics for might of Veltman. Threeconsequence relations are introduced and studied in an abstract setting.Next we present sequent-style systems for each of the consequence relations.We show the logics to be complete and decidable. The paper ends with asyntactic cut elimination result.

State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule affords (...) it protections that include and go beyond what its internal right to rule enables it to do. This asymmetrical view, I argue, is preferable to its two main rivals: the view that a state’s internal and external legitimacy are separate issues, and the view that internal and external legitimacy are mirroring. (shrink)

This article describes compassion as perceived within the relationship between nurses and older persons with a chronic disease. The aim of the study is to understand the benefit of compassion for nursing practice within the context of long-term care. The design of the study involves a qualitative analysis of in-depth interviews with nurses and patients in three different care-settings. Results show the nature of compassion in seven dimensions: attentiveness, listening, confronting, involvement, helping, presence and understanding. Analysis of the data also (...) shows in what way opinions of participants relate to issues raised in a previous literature study, for example the difference between pity and compassion. The conclusion states that compassion is a valuable process which motivates patients as well as nurses to cooperate in achieving relevant outcomes of care. The discussion involves some methodological issues. For one thing, further confirmation of the dimensions found is recommended. (shrink)

The label ‘Translational Research’ (TR) has become ever more popular in the biomedical domain in recent years. It is usually presented as an attempt to bridge a supposed gap between knowledge produced at the lab bench and its use at the clinical bedside. This is claimed to help society harvest the benefits of its investments in scientific research. The rhetorical as well as moral force of the label TR obscure, however, that it is actually used in very different ways. In (...) this paper, we analyse the scientific discourse on TR, with the aim to disentangle and critically evaluate the different meanings of the label. We start with a brief reconstruction of the history of the concept. Subsequently, we unravel how the label is actually used in a sample of scientific publications on TR and examine the presuppositions implied by different views of TR. We argue that it is useful to distinguish different views of TR on the basis of three dimensions, related to (1) the construction of the ‘translational gap’; (2) the model of the translational process; and (3) the cause of the perceived translational gap. We conclude that the motive to make society benefit from its investments in biomedical science may be laudable, but that it is doubtful whether the dominant views of TR will contribute to this end. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...) of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

In this article we provide an intrinsic characterization of the famous Howard–Bachmann ordinal in terms of a natural well-partial-ordering by showing that this ordinal can be realized as a maximal order type of a class of generalized trees with respect to a homeomorphic embeddability relation. We use our calculations to draw some conclusions about some corresponding subsystems of second order arithmetic. All these subsystems deal with versions of light-face Π11\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\varPi ^1_1$$\end{document}-comprehension.

This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.

This article reviews the development of social quality indicators and the challenges ahead. First, through a review of recent Asian and Australian work carried out on social quality indicators, and the World Bank related work on “social development indicators,” the article argues that social quality indicators research should move beyond the empirical level of particular policy areas. Therefore, it should be guided by a clear methodological perspective regarding the role of indicators as part of a social quality theory (SQT) and (...) their relation to the social quality approach (SQA). Second, the article opens a debate about the rationale behind distinguishing between three different functions of social quality indicators. Indicators should address the change in the conditional factors in daily life, as manifested in its economic, socio-political, socio-cultural and environmental dimensions, in order to examine the consequences of general trends and contradictions in (1) societal circumstances, (2) the development (or lack of development) toward sustainability, and (3) the related issue of sustainable urban development. Before 2010 social quality scholars mainly concentrated on the first issue. Recently, however, they are approaching all three issues. It is essential to delve deeper into SQT and the SQA for understanding these three issues separately and integrally. This has implications for the nature of social quality indicators and their comparison to those of other mainstream approaches; the article introduces this agenda of work. (shrink)