The 2015 judgment of the Namibia Supreme Court in Government of the Republic of Namibia v LM and Others set an important precedent on informed consent in a case involving the coercive sterilisation of HIV-positive women. This article analyses the reasoning and factual narratives of the judgment by applying Neil Manson and Onora O’Neill’s approach to informed consent as a communicative process. This is done in an effort to understand the practical import of the judgment in the particular context of (...) resource constrained public healthcare facilities through which many women in southern Africa access reproductive healthcare. While the judgment affirms certain established tenets in informed consent to surgical procedures, aspects of the reasoning in context demand more particularised applications of what it means for a patient to have capacity and to be informed, and to appropriately accommodate the disruptive role of power dynamics in the communicative process. (shrink)

In Metaphysics as a guide to morals Arthur Schopenhauer is one of Iris Murdoch’s guiding stars. She explores and explains his philosophy in several chapters. A close reading of her comments on Schopenhauer, including her interpretation of Wittgenstein’s famous riddle, reveals her layered thoughts on his philosophical system. Although in general Murdoch is attracted by Schopenhauer’s ‘cheerful pessimism’, it turns out that she is critical of his deterministic world view, and of what she considers a rigid asceticism. Relatedly, she claims (...) that there is a lack of scope for moral progress in Schopenhauer’s philosophy. However, it can be argued that Schopenhauer leaves more room for moral improvement than Murdoch acknowledges. His concept of compassion, understood as practical mysticism, hints at the possibility of moral development, in tune with Murdoch’s own line of thinking. (shrink)

A core idea underlying nudging is that it helps individuals to achieve their own goals, yet many nudges actually aim at collective goals or specifically target the benefit of others. An example is nudging healthcare workers to be vaccinated against influenza. I distinguish between self‐regarding nudges, which primarily benefit the nudgee, and other‐regarding nudges, which mainly benefit others, and argue that the default justificatory reason to legitimize self‐regarding nudges, namely the ‘as judged by themselves’ standard, does not apply and that (...) we need to look for other justifications. I examine several possible moral justifications to support strong other‐regarding nudges, namely beneficence, the harm principle and solidarity. (shrink)

After integrating the main lines of argumentation developed in the special issue, this paper makes a balance of the question on the public role of the university. Furthermore, the paper focuses on the discussion underlying the articles collected in the issue. A distinction is made between “comprehending” the past and present of the university on the one hand and “justifying” the university and its public role on the other hand. In view of this distinction, it is argued that the question (...) concerning the value of a idea of the university and its public role is related to the question of democracy. The question is, however, not only whether we live in a democracy, but whether we may still speak of a “commitment to democracy”. An inquiry into the meaningfulness of a “idea” of the university arises directly from this question. At this point, the viewpoint of Derrida is introduced to discuss the question of the democracy and university of the future. (shrink)

This article explores Albert Stephanus Geyser’s understanding and application of the Christ-hymn, focusing especially on the use of the words μορφή θεοῦ. The tension between a literary-critical approach to the text versus a dogmatic understanding is exposed, as well as the challenge of a political ideology of power. Geyser’s understanding and application are measured in terms of the current state of New Testament exegetical research. In the footsteps of Stendahl and contemporary New Testament scholars, legitimacy is given to a socio-political (...) reading of the text. Geyser is appreciated as a public theologian with a deep consideration for the text as the source for theological and socio-political reflection and practice. (shrink)

Iris Murdoch gebruikt in haar moraalfilosofie veelvuldig visuele metaforen. Murdochs opvatting is dat goed kijken tot juist handelen leidt. Een goede mens is, zo bezien, iemand die met een aandachtsvolle blik de wereld beschouwt. Bij het aanleren en opbrengen van aandacht ziet Murdoch een belangrijke rol weggelegd voor kunst, met name voor schilderkunst en literatuur. Het is de vraag of die rol ook kan worden gespeeld door een kunstvorm die Murdoch niet noemt: filmkunst. Hoe een film een argument kan zijn (...) voor een murdochiaanse aandachtsfilosofie wordt in het onderhavige opstel uiteengezet aan de hand van de klassieker To kill a mockingbird. (shrink)

This article is a response to Ole Martin Skilleås's "Knowledge and Imagination in Fiction and Biography." The first section of the article summarizes the line of the argument in four theses: (1) What is real is more influential than what is made up; (2) there is no metaphysical chasm between autobiographers and us; (3) (auto)biographies are not just empirical; and (4) the moral lesson of a fiction need not be accepted. In the second section each of these theses is criticized. (...) This criticism leads to the conclusion that we should welcome (auto)biographical texts in our moral investigations, but not at the cost of fictional texts. This conclusion is coupled with a proposal to formulate criteria to distinguish texts that matter from those that do not. (shrink)

Conventional forensic DNA analysis involves a matching principle, which compares DNA profiles from evidential samples to those from reference samples of known origin. In casework, however, the accessibility to a reference sample is not guaranteed which limits the use of DNA as an investigative tool. This has led to the development of phenotype prediction, which uses SNP analysis to estimate the physical appearance of the sample donor. Physical traits, such as eye, hair and skin colour, have been associated with certain (...) alleles within specific genes involved in the melanogenesis pathways. These genetic markers are also associated with ancestry and their trait prediction ability has mainly been assessed in European and North American populations. This has prompted research investigating the discriminatory power of these markers in other populations, especially those exhibiting admixture. South Africa is well known for its diversity, and the viability of these particular SNPs still needs to be assessed within this population. South African law currently restricts the use of DNA for molecular phenotyping, and there are also numerous ethical and social considerations, all of which are discussed. (shrink)

The doctor-patient relationship is the foundation of any medical intervention. Over time, the relationship has changed, from the era of paternalism to the era of self-determination or patient autonomy, following changes resulting from consumerism and lately, in South Africa, socialised medicine as a result of the proposed National Health Insurance. The premise of this article is that patient autonomy is invariably limited by a determination of who will carry the cost of a medical intervention. In recent years, legislative developments have (...) affected the understanding of a patient and doctor through the introduction of new references, such as ‘user’, ‘data subject’ and ‘consumer’ for a patient, and ‘service provider’ and ‘responsible party’ for a doctor, each giving different meanings to the doctor-patient relationship. Recent statutory additions also include new remedies available to aggrieved patients as parties in the doctor-patient relationship. The article concludes with brief observations on how the NHI will alter the essence and nature of the doctor-patient relationship in future. (shrink)

Collaboration for nursing is a core competence and therefore educational interventions are essentials for collaborative skills. To identify such interventions, we carried out a study to understand nursing students' collaborative process. A narrative inquiry method was used to explore the collaborative process of first‐year undergraduate nursing students. The analysis was conducted on field notes from 70 h of observation of 87 nursing students' collaboration during skills lab activities. It also included transcriptions of four focus group discussions with 11 students. The (...) results are presented as a sequential process of (1) navigating in unfamiliar territory, (2) navigating together to cope, and (3) navigating together towards independency and the future nursing profession. We identified a transition from teacher‐led assistance and guidance to student interdependency and reciprocal learning, ending with student‐led assistance supporting independency. In line with Vygotsky's theory of zone of proximal development, different scaffolding interventions are needed depending on where the students are in the collaborative process. (shrink)

This essay explores Karl Rahner’s use of silence throughout his writings in relation to central themes of his theology. First, in his reflections about encountering the silent mystery of God in prayer, Rahner discovers that this painful silence may indeed be sacramental of God’s abiding nearness, inviting us to greater faith, hope, and love. Second, Rahner engages the transcendental character of this relationship between grace and freedom through the silence that permeates the existential divine-human dialogue. Third, Rahner’s meditations on Jesus, (...) the silent Word, reveal how Jesus’s surrender in freedom to God’s silence enables our own response to God and participation in Jesus’s salvific “death-into-resurrection.” Fourth, Rahner elucidates the role of silence in ordinary mysticism; patient forbearance, bold proclamation, and love of neighbor are all opportunities for experiencing the grace of the Holy Spirit in everyday life. Finally, these themes converge in Rahner’s thoughts about the importance of silence in the spirituality of the theologian. (shrink)

Trainers often use information from previous learning sessions to design or redesign a course. Although universities conducted numerous research integrity training in the past decades, information on what works and what does not work in research integrity training are still scattered. The latest meta-reviews offer trainers some information about effective teaching and learning activities. Yet they lack information to determine which activities are plausible for specific target groups and learning outcomes and thus do not support course design decisions in the (...) best possible manner. This article wants to change this status quo and outlines an easy-to-use taxonomy for research integrity training based on Kirkpatrick’s four levels of evaluation to foster mutual exchange and improve research integrity course design. By describing the taxonomy for research integrity training (TRIT) in detail and outlining three European projects, their intended training effects before the project started, their learning outcomes, teaching and learning activities, and their assessment instruments, this article introduces a unified approach. This article gives practitioners references to identify didactical interrelations and impacts and (knowledge) gaps in how to (re-)design an RI course. The suggested taxonomy is easy to use and enables an increase in tailored and evidence-based (re-)designs of research integrity training. (shrink)

Nudging is considered a promising approach for behavioural change. At the same time, nudging has raised ethical concerns, specifically in relation to the impact of nudges on autonomous choice. A complexity is that in this debate authors may appeal to different understandings or dimensions of autonomy. Clarifying the different conceptualisations of autonomy in ethical debates around nudging would help to advance our understanding of the ethics of nudging. A literature review of these considerations was conducted in order to identify and (...) differentiate between the conceptualisations of autonomy. In 33 articles on the ethics of nudging, we identified 280 autonomy considerations, which we labelled with 790 unique autonomy codes and grouped under 61 unique super-codes. Finally, we formulated three general conceptualisations of autonomy. Freedom of choice refers to the availability of options and the environment in which individuals have to make choices. Agency involves an individual's capacity to deliberate and determine what to choose. Self-constitution relates to someone's identity and self-chosen goals. In the debate about the ethics of nudging, authors refer to different senses of autonomy. Clarifying these conceptualisations contributes to a better understanding of how nudges can undermine or, on the other hand, strengthen autonomy. (shrink)

The American Journal of Bioethics, Volume 12, Issue 2, Page 16-17, February 2012.

With biobank research on the increase and the history of exploitation in Africa, it has become necessary to manage the transfer of human tissues across national boundaries. There are many accepted templates of Material Transfer Agreements that currently exist internationally. However, these templates do not address the specific concerns of South Africa and even of Africa as a continent. This article will examine three significantly important ethico-legal concepts that were deliberated and carefully adapted by a South African Institution to suit (...) the transfer of Human Biological Materials and associated data for biobank research, namely: informed consent; benefit sharing arrangements; and ownership together with intellectual property rights in human tissues. The discussion includes an analysis of current practice; the ethico-legal challenges in the South African/African context; the decisions made with regard to how the related ethico-legal challenges were addressed in the MTA; and justifications for implementing these decisions. The processes considered could be of benefit to other developing world countries who consider it necessary to manage the transfer of HBMs across national boundaries. (shrink)

Returning to the origins of education, Becoming Pedagogue explores its role in today's society by reuniting philosophy with pedagogy. It investigates the aesthetics, ethics and politics of childhood, education and what a teacher really does, enabling educators to define and perform their profession as per its historical and intellectual roots. Reflecting on the practice, science and knowledge-tradition of pedagogy as well as abstract and formalist discourse at all levels, Olsson's work evokes real and free aspects of educational experiences and events. (...) Through a close reading of French philosopher Henri Bergson's major works, historical and contemporary pedagogical resources as well as the pedagogy developed in the early childhood centres in Reggio Emilia, Italy, it develops a critical-cum-creative methodology that both analyses the present educational situation as well as creates new pedagogical alternatives. Using brand new perspectives as well as practical examples of what teachers do, Becoming Pedagogue will provide students, educators and researchers tools for critiquing simplified ideas of what a teacher is as well as giving them inspiration to experiment with alternative ways of teaching. (shrink)

Stimulating responsible conduct of research is considered important within universities and research organizations. In this contribution, we investigated if there are gender differences regarding three aspects: students’ attitudes towards integrity related issues, self-reported misconduct, and suspicions of misconduct and willingness to report fellow students. A questionnaire was sent to 1266 first year starting master students in the life sciences. Male students were significantly more likely to report not doing their fair share in group work and putting their name on work (...) without checking it. No significant differences were found regarding attitude and suspecting and reporting other students. (shrink)

The purpose of this article is to address the questions as to whether a criminal conviction of a healthcare practitioner should affect his or her professional standing, and whether such conviction constitutes ‘unprofessional conduct’ in terms of the Health Professions Act. The article also explores a related matter, namely whether the Health Professions Council of South Africa (HPCSA) has a legal duty to refer complaints regarding unprofessional conduct that displays criminal elements for criminal prosecution. After considering relevant case law on (...) these issues, the article concludes that a practitioner, after being convicted of an offence, should be afforded an opportunity to explain him- or herself to the board, not only in extenuation of the conduct in question, but also in response to the question of whether the conduct constitutes improper or disgraceful conduct. Moreover, the article explains why the HPCSA and professional boards have a legal duty to refer matters of unprofessional conduct with criminal elements in terms of section 34 of the Prevention and Combating of Corrupt Activities Act to law enforcement agencies. (shrink)

Private medical aids are essentially non-profit organisations that aim to deliver speedy treatment and should prevent members from unexpected, out of pocket expenses for medical care. However, although the latest statistics show that 16.2% of individuals in South Africa were members of medical aid schemes, making the promise of private healthcare accessible to a small percentage of the population, they are not without their own unique set of challenges. The restrictions that exist within the private sector have a direct bearing (...) on the types of healthcare services patients can access, which in turn impacts on the fundamental right to access healthcare. Using a recent High Court Case decision, this article seeks to explore whether there is justice in the provision of healthcare services, specifically within the private sector in South Africa. (shrink)

Ces deux volumes sont l'œuvre de collaborations multiples et croisées : M. Lamy pour l'introduction, MI. Huille pour la traduction et A. Solignac pour les notes, si l'on en croit la page de garde, bien vite nuancée dans l'Avant-propos qui précise à la fois qu'A. Solignac s'est aussi chargé de la tâche minutieuse et discrète qu'est la révision de la traduction, mais aussi que d'autres collaborateurs sont intervenus : J. Figuet et L. Mellerin. Comme pour les films, les volumes de (...) Sources Chréti.. (shrink)

As the market and civil society sectors reflect different core logics, non-governmental organisations (NGOs) that partner with companies need strategies to cope with these differences. This paper seeks to provide insight into the coping strategies of environmental NGOs that partner with corporations. We present an assessment framework to analyse the strategies of the Environmental Defense Fund and the World Wildlife Fund for Nature Netherlands as case studies. The analysis demonstrates that the strategic options for a partnering NGO are guided and (...) constrained by the choices the NGO makes with regard to its action strategy towards companies. Although individual NGOs manage to cope adequately with the challenges that the partnership trend poses to their organisations, we argue that the partnering trend also creates challenges for the NGO field as a whole. (shrink)