Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', (...) class='Hi'>Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory. (shrink)

This article reviews the Dutch societal debate on euthanasia/assisted suicide in dementia cases, specifically Alzheimer's disease. It discusses the ethical and practical dilemmas created by euthanasia requests in advance directives and the related inconsistencies in the Dutch legal regulations regarding euthanasia/assisted suicide. After an initial focus on euthanasia in advanced dementia, the actual debate concentrates on making euthanasia/assisted suicide possible in the very early stages of dementia. A review of the few known cases of assisted suicide of people with so-called (...) early dementia raises the question why requests for euthanasia/assisted suicide from patients in the early stage of Alzheimer's disease are virtually non-existent. In response to this question two explanations are offered. It is concluded that, in addition to a moral discussion on the limits of anticipatory choices, there is an urgent need to develop research into the patient's perspective with regard to medical treatment and care-giving in dementia, including end-of-life care. (shrink)

Why do forces compose according to the parallelogram of forces? This question has been controversial; it is one episode in a longstanding, fundamental dispute regarding which facts are not to be explained dynamically. If the parallelogram law is explained statically, then the laws of statics are separate from and “transcend” the laws of dynamics. Alternatively, if the parallelogram law is explained dynamically, then statical laws become mere corollaries to the dynamical laws. I shall attempt to trace the history of this (...) controversy in order to identify what it would be for one or the other of these rival views to be correct. I shall argue that various familiar accounts of natural law not only make it difficult to see what the point of this dispute could have been, but also improperly foreclose some serious scientific options. I will sketch an alternative account of laws that helps us to understand what this dispute was all about. (shrink)

It has often been argued that Humean accounts of natural law cannot account for the role played by laws in scientific explanations. Loewer (Philosophical Studies 2012) has offered a new reply to this argument on behalf of Humean accounts—a reply that distinguishes between grounding (which Loewer portrays as underwriting a kind of metaphysical explanation) and scientific explanation. I will argue that Loewer’s reply fails because it cannot accommodate the relation between metaphysical and scientific explanation. This relation also resolves a puzzle (...) about scientific explanation that Hempel and Oppenheim (Philosophy of Science 15:135–75, 1948) encountered. (shrink)

Recent evaluation of the practice of euthanasia and related medical decisions at the end of life in the Netherlands has shown a slight decrease in the frequency of physician-assisted death since the enactment of the Euthanasia Law in 2002. This paper focuses on the absence of euthanasia cases concerning patients with dementia and a written advance euthanasia directive, despite the fact that the only real innovation of the Euthanasia Law consisted precisely in allowing physicians to act upon such directives. The (...) author discusses two principal reasons for this absence. One relates to the uncertainty about whether patients with advanced dementia truly experience the suffering they formerly feared. There is reason to assume that they don’t, as a consequence of psychological adaptation and progressive unawareness (anosognosia). The second, more fundamental reason touches upon the ethical relevance of shared understanding and reciprocity. The author argues that, next to autonomy and mercifulness, “reciprocity” is a condition sine qua non for euthanasia. The absence thereof in advanced dementia renders euthanasia morally inconceivable, even if there are signs of suffering and notwithstanding the presence of an advance euthanasia directive. This does not mean, however, that advance euthanasia directives of patients with dementia are worthless. They might very well have a role in the earlier stages of certain subtypes of the disease. To illustrate this point the author presents a case in which the advance directive helped to create a window of opportunity for reciprocity and shared decision-making. (shrink)

Conflicts of interest are rampant in the American medical community. Today it is not uncommon for doctors to refer patients to clinics or labs in which they have a financial interest (40% of physicians in Florida invest in medical centers); for hospitals to offer incentives to physicians who refer patients (a practice that can lead to unnecessary hospitalization); or for drug companies to provide lucrative give-aways to entice doctors to use their "brand name" drugs (which are much more expensive than (...) generic drugs). In Medicine, Money and Morals, Marc A. Rodwin draws on his own experience as a health lawyer--and his research in health ethics, law, and policy--to reveal how financial conflicts of interest can and do negatively affect the quality of patient care. He shows that the problem has become worse over the last century and provides many actual examples of how doctors' decisions are influenced by financial considerations. We learn how two California physicians, for example, resumed referrals to Pasadena General Hospital only after the hospital started paying $70 per patient (their referrals grew from 14 in one month to 82 in the next). As Rodwin writes, incentives such as this can inhibit a doctor from taking action when a hospital fails to provide proper service, and may also lead to the unnecessary hospitalization of patients. We also learn of a Wyeth-Ayerst Labs promotion in which physicians who started patients on INDERAL (a drug for high blood pressure, angina, and migraines) received 1000 mileage points on American Airlines for each patient (studies show that promotions such as this have a direct effect on a doctor's choice of drug). Rodwin reveals why the medical community has failed to regulate conflicts of interest: peer review has little authority, state licensing boards are usually ignorant of abuses, and the AMA code of ethics has historically been recommended rather than required. He examines what can be learned from the way society has coped with the conflicts of interest of other professionals --lawyers, government officials, and businessmen--all of which are held to higher standards of accountability than doctors. And he recommends that efforts be made to prohibit and regulate certain kinds of activity (such as kickbacks and self-referrals), to monitor and regulate conduct, and to provide penalties for improper conduct. Our failure to face physicians' conflicts of interest has distorted the way medicine is practiced, compromised the loyalty of doctors to patients, and harmed society, the integrity of the medical profession, and patients. For those concerned with the quality of health care or medical ethics, Medicine, Money and Morals is a provocative look into the current health care crisis and a powerful prescription for change. (shrink)

Structural requirements of rationality prohibit various things, like having inconsistent combinations of attitudes, having means-end incoherent combinations of attitudes, and so on. But what is the distinctive feature of structural requirements of rationality? And do we fall under an obligation to be structurally rational? These issues have been at the heart of significant debates over the past fifteen years. Some philosophers have recently argued that we can unify the structural requirements of rationality by analyzing what is constitutive of our attitudes (...) (Lee, 2020; Worsnip, 2018a). It has also been suggested that, in the course of good first-personal deliberation, agents should treat structurally irrational combinations of attitudes as off-limits (Worsnip, 2021). In this paper, I raise a worry for these two theses concerning structural rationality. Roughly, I argue that some imperfect epistemic agents (like us) can be disposed to have structurally irrational combinations of attitudes. Also, when these imperfect agents deliberate, they should not treat structurally irrational combinations of attitudes as off-limits. Given our imperfections, being structurally irrational can very well be the best option we have. More generally, these observations reveal that structural rationality should not always be theorized independently from more “substantive” norms, like responsiveness to reasons or expected value optimization. (shrink)

The article « La Défenestration » by Belgian philosopher Marc Richir has been translated into Russian for the first time for this issue of the “Horizon. Studies in Phenomenology.” In his early work “The Defenestration” Richir raises the question of relation between the subject and conceivable world. Here, a philosopher is pictured contemplating the world through the window of his tower. In such detachment from the world the thinker finds himself according to all Modern philosophies of consciousness. Husserl’s phenomenology (...) inherits this detachment, since Husserl imposes the structure of transcendental ego as external to the world. Richir abolishes the concept of transcendental ego with the help of heideggerian Dasein, but analyzing Heidegger’s ontology he comes to the conclusion that the latter remains fixated on beings. Believing a person to live in the fundamental openness of Being, Heidegger places such a person in the secondary world of “truth.” In order to overcome the remains of traditional philosophy in Heidegger’s ontology Richir turns to Merleau-Ponty’ “cosmology of the visible.” The author takes the Merleau-Ponty’s thesis that everything visible has something fundamentally invisible in it. This allows him to discover the universe of “nothing”, which includes both the visible and what is “behind” it. As a result Richir overcomes the classical dualism of the sensual and the intelligible. The concept of defenestration places the subject and the world in the same universe. (shrink)

This article reviews the Dutch societal debate on euthanasia/assisted suicide in dementia cases, specifically Alzheimer's disease. It discusses the ethical and practical dilemmas created by euthanasia requests in advance directives and the related inconsistencies in the Dutch legal regulations regarding euthanasia/assisted suicide. After an initial focus on euthanasia in advanced dementia, the actual debate concentrates on making euthanasia/assisted suicide possible in the very early stages of dementia. A review of the few known cases of assisted suicide of people with so-called (...) early dementia raises the question why requests for euthanasia/assisted suicide from patients in the early stage of Alzheimer's disease are virtually non-existent. In response to this question two explanations are offered. It is concluded that, in addition to a moral discussion on the limits of anticipatory choices, there is an urgent need to develop research into the patient's perspective with regard to medical treatment and care-giving in dementia, including end-of-life care. (shrink)

This paper argues that there is a conflict between two theses held by John McDowell, namely i) the claim that we are under a standing obligation to revise our beliefs if reflection demands it; and ii) the view that veridical experience is a mode of direct access to the world. Since puts no bounds on what would constitute reasonable doubt, it invites skeptical concerns which overthrow. Conversely, since says that there are some experiences which we are entitled to trust, it (...) undermines the prescriptive scope of. Drawing on C. S. Peirce's distinction between genuine and contrived doubt, I maintain that critical revisions of beliefs should be triggered only by unwanted disruptions of habits, thereby restoring unity between McDowell's two theses. (shrink)

ABSTRACT: René Descartes' Cogito is an example of a paradigmatic thought experiment, herald of both subjectivism and new science in Europe's Modern Age, that seems to have escaped the attention of thought experiment philosophers. On deep analysis, the Cogito appears as universal instantiation. The Cogito has strong rhetorical effects for it narratively generalizes from I to all human kind, and its historical and philosophical success can be explained from its concise enthymematic structure that rings true in many possible senses. We (...) consider it a preeminent example of a thought experiment as it states the power of thinking as its very contents. From Descartes' methodology of doubt we can conclude that, e.g., on a Wittgensteinian interpretation, the Cogito is a logical thought experiment rather than a psychological one. RESUMO: O Cogito de René Descartes é um exemplo de experimento mental paradigmático, precursor tanto do subjetivismo quanto da nova ciência, na Idade Moderna europeia, o qual parece ter escapado à atenção dos filósofos que estudaram o experimento mental. Na análise profunda, o Cogito aparece como uma instanciação universal. O Cogito tem fortes efeitos retóricos por si mesmo, generalizando narrativamente desde o eu para toda a espécie humana, e seu sucesso histórico e filosófico pode ser explicado por sua estrutura entimemática concisa, que soa através de muitos sentidos possíveis. Consideramos que é um exemplo proeminente de um experimento mental, na medida em que afirma o poder de pensar como seus próprios conteúdos. A partir da metodologia da dúvida de Descartes, podemos concluir que, em uma interpretação wittgensteiniana, o Cogito é um experimento mental mais lógico que psicológico. (shrink)

What altered states of consciousness—the dissolution of feelings of time and self—can tell us about the mystery of consciousness. During extraordinary moments of consciousness—shock, meditative states and sudden mystical revelations, out-of-body experiences, or drug intoxication—our senses of time and self are altered; we may even feel time and self dissolving. These experiences have long been ignored by mainstream science, or considered crazy fantasies. Recent research, however, has located the neural underpinnings of these altered states of mind. In this book, neuropsychologist (...) Marc Wittmann shows how experiences that disturb or widen our everyday understanding of the self can help solve the mystery of consciousness. Wittmann explains that the relationship between consciousness of time and consciousness of self is close; in extreme circumstances, the experiences of space and self intensify and weaken together. He considers the emergence of the self in waking life and dreams; how our sense of time is distorted by extreme situations ranging from terror to mystical enlightenment; the experience of the moment; and the loss of time and self in such disorders as depression, schizophrenia, and epilepsy. Dostoyevsky reported godly bliss during epileptic seizures; neurologists are now investigating the phenomenon of the epileptic aura. Wittmann describes new studies of psychedelics that show how the brain builds consciousness of self and time, and discusses pilot programs that use hallucinogens to treat severe depression, anxiety, and addiction. If we want to understand our consciousness, our subjectivity, Wittmann argues, we must not be afraid to break new ground. Studying altered states of consciousness leads us directly to the heart of the matter: time and self, the foundations of consciousness. (shrink)

A premise which seems to be preponderate in the philosophy of medical practice developed by Pellegrino and Thomasma is the medical prescription to save life whenever possible. This premise is confronted with a polemical vitalism and examined in the light of some reading principles derived from G. Canguilhem's philosophy of the life-sciences. It is argued that the primarity of life in the account given by Pellegrino and Thomasma of the foundations of medical practice is closely related to biological concepts of (...) life. This relation is shown to be problematic. The biological concept results in an ontology of the living body as the condition of possibility of medical practice, thus linking up this practice with an uncriticized biological value and finality. (shrink)

The facticity of sexuality is a key driver of the asylum procedure in “LGBT” cases, where non-heterosexual identities can be grounds for gaining” refugee status.” The procedure becomes a test of sexual veracity by means of a truthful performance. This performance is primarily discursive, but it is also bodily in terms of the way bodily comportment is considered indicative of a “true story.” Underlying this process is a conception of sexuality as a fixed, invisible but ever present identity. Sexuality, we (...) argue, gets configured in ways akin to what is commonly called an “infrastructure.” The veracity and facticity of accounts of, and for, this ‘infrastructure of selfhood’ can only be ascertained in live encounters during the asylum procedure. This article ethnographically highlights how such a particular facticity is composed in the Dutch asylum procedures. Building on Judith Butler’s work on narrative accounts of the self, we show how the state intervenes in crucial ways in asserting the authority to assign truth to such a narrative account. (shrink)

Some mathematical proofs explain why the theorems they prove hold. This paper identifies several challenges for any counterfactual account of explanation in mathematics (that is, any account according to which an explanatory proof reveals how the explanandum would have been different, had facts in the explanans been different). The paper presumes that countermathematicals can be nontrivial. It argues that nevertheless, a counterfactual account portrays explanatory power as too easy to achieve, does not capture explanatory asymmetry, and fails to specify why (...) certain proofs are explanatory and others are not. Greater informativeness about counterfactual dependence can even yield less explanatory power. (shrink)

A number of authors argue that while species are evolutionary units, individuals and real entities, higher taxa are not. I argue that drawing the divide between species and higher taxa along such lines has not been successful. Common conceptions of evolutionary units either include or exclude both types of taxa. Most species, like all higher taxa, are not individuals, but historical entities. Furthermore, higher taxa are neither more nor less real than species. None of this implies that there is no (...) distinction between species and higher taxa; the point is that such a distinction is more subtle than many authors have claimed. (shrink)

Norms have been widely enacted in human and agent societies to regulate individuals’ actions. However, although legislators may have ethics in mind when establishing norms, moral values are only sometimes explicitly considered. This paper advances the state of the art by providing a method for selecting the norms to enact within a society that best aligns with the moral values of such a society. Our approach to aligning norms and values is grounded in the ethics literature. Specifically, from the literature’s (...) study of the relations between norms, actions, and values, we formally define how actions and values relate through the so-called value judgment function and how norms and values relate through the so-called norm promotion function. We show that both functions provide the means to compute value alignment for a set of norms. Moreover, we detail how to cast our decision-making problem as an optimisation problem: finding the norms that maximise value alignment. We also show how to solve our problem using off-the-shelf optimisation tools. Finally, we illustrate our approach with a specific case study on the European Value Study. (shrink)

Freedom and compassion in the anthropocene -- Can science save animals? -- Who we eat -- Fat rats and lab cats -- Charismatic, caged, and occasionally crazy: zooed animals -- Captive and companion -- Born to be wild? -- Coexistence in the anthropocene and beyond: compassion and justice for all.

This chapter contains section titled: Introduction The Ontological Nature of Species Taxonomic Pluralism Two Major Schools of Biological Taxonomy The Linnaean Hierarchy References Further Reading.

This chapter contains section titled: Is Biology Like Physics? Laws of Nature: The Standard Picture Why Not Laws of Biology? The Problem of Exceptions Why Not Laws of Biology? The Problem of Accidentalness A Worked Example: The “Area Law” Evolutionary Accidents as Laws of Functional Biology References Further Reading.

Marc Hauser puts forth the theory that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

BackgroundHuntington’s disease has a poor prognosis. For HD patients in the Netherlands, one way of dealing with their poor prognosis is by drawing up an advance euthanasia directive. Little is known about the perspectives of HD patients on their AED.AimTo gain insight into patients’ views on and attitudes towards their AED, and changes over time.MethodsA longitudinal qualitative interview study using 1 to 6 semi-structured interviews over a period of maximum three years. Nine HD patients who either had an AED or (...) were thinking about drawing it up participated in this study.ResultsWe identified two themes that characterize patients’ perspectives on their AEDs: general character of the AED; uncertainty around their AED. Ad The conditions that the participants described in their AED were generally not very specific for the person. Mostly they were general notions of unbearable suffering. Familiarity with HD in the family could play a role in drawing up an AED. Ad Participants generally were aware of the tentative character of their AED and could have doubts concerning their own willingness or the willingness of others in the future. Sometimes these doubts were so great, that it prevented them from drawing up an AED. However, patients did not alter their AED during the follow-up period or changed in their view or attitude on their AED.ConclusionHD patients that draw up an AED usually describe general conditions for euthanasia and recognize that these conditions may change as the disease progresses. An AED or the wish to draw one up may be a good conversation starter for conversations about goals and preferences for future care. (shrink)

The expression “République des lettress” is still used today. It appears in most recent dictionaries of the French language, and it even occasionally occurs in ordinary conversation or in the press, a pompous and ironic circumlocution to designate the Parisian literary “milieu.” This archaistic and pejorative survival masks (somewhat similarly to the word “rhetoric”) the attention that researchers are now according to the older meaning of this surviving expression, and to the concept of an international exchange of ideas that it (...) represented for scholars of the Ancien Régime. As proof that this scientific interest is recent, Paul Hazard, in the famous Crise de la conscience européenne (1936), devotes not a single line to the “Republic of Letters,” while in the chapter dealing with Pierre Bayle he cites the “Nouvelles de la République des Lettres” (1684), the learned periodical published in Amsterdam by this erudite Calvinist, apparently without feeling a need to explain a title that seemed self-evident. For the history of ideas, this notion was not a subject for history. It resided outside the field of perception of a discipline that was completely devoted to a sort of chemistry of pure ideas, removed from the literary form that carried them, and a fortiori from institutional circuits, and forms of sociability and dialogue that “invent” and spread them, and even more so from the awareness that “scholars” might have had of the solidarity that united them and of the meaning they might be able to attribute to it. (shrink)

Models of cognitive vulnerability claim that depressive symptoms arise as a result of an interaction between negative affect and cognitive reactions, in the form of dysfunctional attitudes and negative inferential style. We present a model that complements this approach by focusing on the appraisal processes that elicit and differentiate everyday episodes of emotional experience, arguing that individual differences in appraisal patterns can foster negative emotional experiences related to depression. In particular, dispositional appraisal biases facilitating the elicitation of these emotions more (...) frequently and more intensely. This, in turn, is likely to have a negative influence on cognitive processing and emotion regulation in general. (shrink)

“Je doute qu'il y ait un dialogue de la chenille et du papillon”A. MatrauxThe most ordinary events astonish only those who think about them. What can be more natural than two people talking? They are from the same country, they speak the same language, they understand one another. They have things to say to each other and they say them. Anyone who would try to question such evident truisms would be seen as attempting to be a spinner of paradoxes. And (...) yet…First of all is it as natural as it appears that two people should stop and speak? To an impartial observer of the behavior of one's peers this would not seem to be the case. Most of the people we rub elbows with daily—in the street, in the subway, on a beach, in a hotel or even in the apartment building where we have lived for ten years—are people whom we do not accost and to whom we never speak. In order for people to speak to one another, certain circumstances must exist; there must be a ritual of introduction and a mutual consent that often occurs only after a certain resistance has been overcome. There are important differences to be observed in this respect among different peoples and, within the same nation, among people of different classes. But in every case dialogue is preceded by a preparatory phase of prudent observation, reserve and mistrust during which the partners size one another up and seek to situate themselves in relation to each other. (shrink)

Jordan Peterson gave a series of lectures on the Psychological Significance of the Biblical Stories. His first lecture lasted two hours. In that time, Peterson managed to cover only a single line from the Bible. This lopsided gloss-to-text ratio, I argue, entails that the rational explanations actually do all the work while the Bible is dispensable.

Building on earlier work on the relationship between corporate social performance (CSP) and a firm’s financial performance, this integrative empirical study supports the theoretical argument that the higher a firm’s CSP the lower its financial risk. Specifically, the relationship between CSP and risk appears to be one of reciprocal causality, because prior CSP is negatively related to subsequent financial risk, and prior financial risk is negatively related to subsequent CSP. Additionally, CSP is more strongly correlated with measures of market risk (...) than measures of accounting risk. Of all CSP measures, reputation for social responsibility appears to be the most important one in terms of its risk implications. (shrink)