It is usually held that representative government is not strictly democratic, since it does not allow the people themselves to directly make decisions. But here, taking as her guide Thomas Paine’s subversive view that “Athens, by representation, would have surpassed her own democracy,” Nadia Urbinati challenges this accepted wisdom, arguing that political representation deserves to be regarded as a fully legitimate mode of democratic decision making—and not just a pragmatic second choice when direct democracy is not possible. As Urbinati (...) shows, the idea that representation is incompatible with democracy stems from our modern concept of sovereignty, which identifies politics with a decision maker’s direct physical presence and the immediate act of the will. She goes on to contend that a democratic theory of representation can and should go beyond these identifications. Political representation, she demonstrates, is ultimately grounded in a continuum of influence and power created by political judgment, as well as the way presence through ideas and speech links society with representative institutions. Deftly integrating the ideas of such thinkers as Rousseau, Kant, Emmanuel Joseph Sieyès, Paine, and the Marquis de Condorcet with her own, Urbinati constructs a thought-provoking alternative vision of democracy. (shrink)

Consumer-targeted sleep tracking applications (STA) that run on mobile devices (e.g., smartphones) promise to be useful tools for the individual user. Assisted by built-in and/or external sensors, these apps can analyze sleep data and generate assessment reports for the user on their sleep duration and quality. However, STA also raise ethical questions, for example, on the autonomy of the sleeping person, or potential effects on third parties. Nevertheless, a specific ethical analysis of the use of these technologies is still missing (...) so far. The aim of the current analysis is to identify the characteristics of sleep tracking apps and to explore the specific ethical aspects associated with this form of self-tracking. Firstly, the field of mobile health applications was screened for STA to explore their typical functions and target user groups. Secondly, an ethical analysis was conducted focusing on the three ethical dimensions: (1) medicalization, (2) vulnerability, and (3) relationality. The analysis indicates that these three normative dimensions are decisive for assessing STA and that the ethical profile of this technology varies greatly depending on the respective user group. As the three dimensions medicalization, vulnerability, and relationality play a distinguishing role in the use of STA, they should be especially addressed in responsible development and implementation of STA. In addition, the analysis helps to evaluate the use of STA, in terms of different risks for specific user groups, the sensitive contexts of usage, and potential interference with the intimacy of third parties. (shrink)

Redirecting attention to Mill as a political thinker, Nadia Urbinati argues that this claim misrepresents Mill's thinking.

Der Gebrauch des Titels «Historischer Materialismus» ist genauso üblich wie das Unterlassen einer Kategorienklärung dieses Doppelbegriffes. Hier wird die Aufgabe gestellt, das innerkategoriale Verhältnis zwischen der Geschichte und dem neuen Materialismus zu bestimmen. Es geht einerseits um die Geschichtlichkeit als Inhalt des Materialismus und andererseits um die Materialität der Geschichte. Hierbei werden einige Fragen zu klären sein. z.B. die innere Konsistenz des Materialismus gegenüber der Geschichtstheologie; die Klärung der Kategorien Möglichkeit, Zweck, Vernünftigkeit der Natur etc.

Recent work suggests a strong connection between intuitions regarding our own free will and our moral behavior. We investigate the origins of this link by asking whether preschool-aged children construe their own moral actions as freely chosen. We gave children the option to make three moral/social choices (avoiding harm to another, following a rule, and following peer behavior) and then asked them to retrospect as to whether they were free to have done otherwise. When given the choice to act (either (...) morally or immorally), children avoided harm and abided by rules, but they endorsed their freedom to have done otherwise. When choice was restricted by adult instruction, children did not endorse their free choice and indicated feeling constrained by moral obligation in their explanatory responses. These results suggest that children believe that their moral actions afford free will, but this belief is dependent on their experience of choice. (shrink)

In view of recent studies that identified certain interest groups as potential whistleblowers, we propose an integrative conceptual framework to examine whistleblower behavior by whistleblower type. The framework, dubbed the whistleblowing triangle, is modeled on the fraud triangle and is comprised of three factors that condition the act of whistleblowing: pressure, opportunity, and rationalization. For a rich examination, we use a qualitative research framework to analyze 11 whistleblowing cases of corporate financial statement fraud in Canada that were publicly denounced between (...) 1995 and 2012. Our analysis indicates that whistleblowers are not only insiders but also outsiders [financial analysts, auditing firms, journalists, politicians, customers, and investors]. It also suggests that a dynamic relation may exist between whistleblowers. In addition, our findings show that most whistleblowers opt for external channels when they fail to receive an adequate response from management, seek media exposure, are interested in financial benefits resulting from the act of whistleblowing, or are interested in protecting their investment. Lastly, we propose categorizing whistleblowers into four conceptual types: protective, skeptical, role-prescribed, and self-interested. (shrink)

In a number of very influential publications, Epstein and Hoover (among other authors) have recently argued that a thoroughly micro-foundationalist approach towards economics is unconvincing for metaphysical reasons. However, as we show in this article, this metaphysical/social ontological approach to the debate fails to resolve the status of micro-foundations in the practice of economic modelling. To overcome this, we argue that endogenizing a model—that is, providing micro-foundations for it—correlates with making that model more complex. Specifically, we show that models with (...) more micro-foundations tend to have more parameters or variables. This matters, as there are well-established methodological reasons for preferring models with fewer parameters or variables—ceteris paribus. We therefore conclude that, from a practice-based point of view, micro-foundations are only defensible to the extent that they significantly improve the ability of the relevant model to fit the data of interest. In this way, we arrive at a practice-based, methodological reconceptualization of the debate surrounding the need for micro-foundations in economics. (shrink)

Earlier this year, the U.S. Department of Health and Human Services announced its intent to strengthen enforcement of legal protections for health care providers' conscience rights. It proposed regulations that would give the DHHS Office of Civil Rights greater authority to ensure that recipients of federal funding comply with federal conscience laws. This recent development creates an opportunity for scholars and policy‐makers to revisit the perennial debate about whether and how law should protect health care providers' rights of conscience. Arguments (...) about who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights have brought us no closer to a resolution. However, there is one remaining avenue for analysis that has, surprisingly, received very little attention—the question of how providers are protected, and from what consequences. Existing U.S. conscience laws immunize health care providers from a wide range of adverse consequences—including civil liability, criminal prosecution, administrative penalties, adverse action by employers, and discrimination by private actors, among others. However, academic and public policy debates rarely acknowledge the breadth of these protections. It is essential to disentangle this network of possible protections. (shrink)

The COVID-19 emergency has hit the whole world, finding all countries unprepared to face it. The first studies focused on the medical aspects, neglecting the psychological dimension of the populations that were forced to face changes in everyday life and in some cases to stay forcedly at home in order to reduce contagion. The present research was carried out in Italy, one of the countries hardest hit by the pandemic. The aim was to analyze the perception of happiness, mental health, (...) and the sense of loneliness experienced by adults during the lockdown due to the COVID pandemic. Specifically, the variables will be examined in relation to gender difference, living alone, with partner, or with partner and children. The research followed a quantitative approach using an online questionnaire. The project involved 1100 subjects from whom 721 participants were extrapolated. Of them, 17.3% claimed to live alone, 39.5% with their partner, and 43.1% with their partner and children. The results show that people in general experienced a lower level of happiness and mental health and higher levels of loneliness compared to normative sample. The lockdown and pandemic condition due to COVID-19 seems to have canceled the gender differences in the perception of happiness and mental health, while it seems to have increased the perception of loneliness experienced by males compared to the pre-pandemic condition. In addition, those who lived alone perceived a greater level of loneliness than those who lived with their partner or partner and children. Unexpectedly, no significant differences emerged regarding the level of happiness and mental health between those who had direct contact with the virus and those who did not. These data should make political decision-makers reflect on the need to pay more attention to the implications that such drastic measures as a lockdown can have on people’s psychological well-being. (shrink)

This article argues that the Supreme Court’s decision in Dobbs is likely to impact medical decision-making by pregnant patients in a variety of contexts. Of particular concern are situations where a patient declines treatment recommended for its potential benefit to the fetus and situations where treatment is withheld due to potential risk to the fetus. The Court’s elevation of fetal interests, combined with a history of courts using abortion jurisprudence to guide their reasoning in compelled treatment cases, means that Dobbs (...) has the potential to limit patient autonomy in a wide array of clinical settings. The article calls on professional medical associations to issue ethical guidance affirming the duty to respect the medical self-determination of pregnant patients. (shrink)

Die deutschen Richtlinien zur Lebertransplantation sehen vor, dass Patient*innen mit alkoholbedingten Lebererkrankungen in der Regel eine sechsmonatige Karenz nachweisen müssen, bevor sie auf die Warteliste für eine Lebertransplantation aufgenommen werden können. Die international weit verbreitete Karenzregel wurde von Beginn an sehr kritisch diskutiert, da hiermit Patient*innen eine wirksame und potentiell lebensrettende Therapie zumindest vorübergehend vorenthalten wird. Sie kommt in der Praxis einer Eingrenzung der Indikation zur Lebertransplantation gleich. Aus der medizinischen Fachliteratur lassen sich vier Interpretationsrahmen rekonstruieren, die mittels Herausstellung bestimmter (...) Aspekte eine jeweils unterschiedliche Wahrnehmung und Konzeptualisierung der sechsmonatigen Karenzregel begründen. Diese sprachlich vermittelten Deutungsmuster werden von Akteur*innen zur Eingrenzung der Indikation zur Lebertransplantation genutzt. Innerhalb dieser Interpretationsrahmen wird die sechsmonatige Karenzzeit jeweils 1) als diagnostisches Werkzeug zur Bestimmung der Regenerationsfähigkeit der Leber, 2) als prognostisches Werkzeug zur Bestimmung der Erfolgsaussichten einer Transplantation, bzw. 3) zur Bestimmung des Trinkverhaltens nach Transplantation dargestellt. In einem weiteren Rahmen wird die Karenzregel 4) als Ausdruck einer Verpflichtung zur Vermeidung von gesundheitsschädlichem Verhalten interpretiert. Aus diesen vier Interpretationsrahmen ergeben sich unterschiedliche ethische Fragestellungen, die eine systematische ethische Beurteilung der Karenzregel ermöglichen. In den ersten drei Interpretationsrahmen wird wiederum selbst die Frage nach der medizinischen Indiziertheit der Karenzregel aufgeworfen. (shrink)

In the light of postmodern debates in anthropology, ethnography offers anthropologists new ways of representing their objects of study. The politics involved in the production and consumption by feminist scholars and activists of women's representations in the Arab world, and Egypt specifically, provides the starting point of this article. Using an ethnographic text examining manifestations of ‘Islamic Feminism’ in Egypt, I explore problems in addressing the subject of veiling – a continuous favourite among researchers. Grappling with stereotypes, assumptions and pre-interpretations (...) based on what we read before going to the field and the questions we formulate in our minds, I look towards strategies of engagement with research subjects where anthropologists can express their commitments to them. Research ethics and reflexivity offer no formulaic guarantees of better representations, but pave the way towards understanding one's motivations and urges ethnographers to examine the impact of their work, both on the immediate community, and with regard to larger power politics. Given the fluid nature of identities and the relative fixedness of representations, solutions do not appear in abundance. Working outside of unnecessary dichotomies and searching for incongruities presents interesting possibilities for future ethnographic research. (shrink)

Cryptocurrency has revolutionized the economic system of the world. It provides a new and innovative means of exchange that has speedily invaded the financial market trends and changed the traditional cash world. However, consumers have low acceptability for blockchain-based cryptocurrency due to increasing online scams and the absence of a regulatory framework. There is also a misconception about its usage on many platforms, which has created a clear gap in the literature to address this issue. Therefore, the current study intends (...) to investigate the effect of technology awareness on the behavioral intention of crypto users through perceived factors. It also empirically examines the moderating role of government support on these indirect paths. The underlying framework is investigated by surveying 333 respondents from the Z generation. Results revealed that perceived factors mediate the relationship between technology awareness and behavioral intention. Furthermore, government support strengthens the indirect relationship of technology awareness on behavioral intention through technology acceptance determinants, such that the effect of technology awareness on behavioral intention through perceived factors is more assertive when government support is high. The findings will provide a new dimension to different financial bodies implementing monetary policy and highlight the need to adopt innovative digital technologies in Pakistan. (shrink)

Ce texte est tiré de la thèse de doctorat de Nadia Taïbi, présentée à l'Université Jean Moulin Lyon 3, le 29 octobre 2007, sous la direction de Jean-Jacques Wunenburger : L'expérience ouvrière de Simone Weil. La philosophie au travail, pp. 28-33. N'ayant pas pu joindre Nadia Taïbi pour lui demander son autorisation, nous espérons qu'elle ne nous en tiendra pas rigueur. 1.1.2. La pensée comme résistance L'expérience de la vie d'usine telle que Simone Weil la traduit nous paraît (...) révéler ce qu'il faut - Philosophie – Nouvel article. (shrink)

Brian Epstein has recently argued that a thoroughly microfoundationalist approach towards economics is unconvincing for metaphysical reasons. Generally, Epstein argues that for an improvement in the methodology of social science we must adopt social ontology as the foundation of social sciences; that is, the standing microfoundationalist debate could be solved by fixing economics’ ontology. However, as I show in this paper, fixing the social ontology prior to the process of model construction is optional instead of necessary and that metaphysical-ontological commitments (...) are often the outcome of model construction, not its starting point. By focusing on the practice of modeling in economics the paper provides a useful inroad into the debate about the role of metaphysics in the natural and social sciences more generally. (shrink)

Le décryptage du génome humain autorise désormais une manipulation du vivant humain. Mû par un souci de perfection, l'homme exploite aujourd'hui ce qui participe à son essence même, son génome. La diversité intraspécifique humaine s'en trouve perturbée, la vulnérabilité génétique augmentée. Le droit se trouve donc investi d'un rôle : préserver la nature humaine. Dès lors, faut-il penser d'autres voies pour prémunir notre humanité contre les risques d'une manipulation irréfléchie de notre génome.

Recent work has shown that preschool-aged children and adults understand freedom of choice regardless of culture, but that adults across cultures differ in perceiving social obligations as constraints on action. To investigate the development of these cultural differences and universalities, we interviewed school-aged children (4–11) in Nepal and the United States regarding beliefs about people's freedom of choice and constraint to follow preferences, perform impossible acts, and break social obligations. Children across cultures and ages universally endorsed the choice to follow (...) preferences but not to perform impossible acts. Age and culture effects also emerged: Young children in both cultures viewed social obligations as constraints on action, but American children did so less as they aged. These findings suggest that while basic notions of free choice are universal, recognitions of social obligations as constraints on action may be culturally learned. (shrink)

When individual patients' medical decisions contribute to population-level trends, physicians may struggle with how to promote justice while maintaining respect for patient autonomy. This article argues that this tension might be resolved by using the informed consent conversation as an opportunity to position patients as societal stewards.

This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options (...) and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

BackgroundThe German guidelines for liver transplantation stipulate that every patient with alcohol-related liver disease needs to prove evidence of a 6-month abstinence period before they can be admitted to the waiting list for liver transplantation. This internationally widespread abstinence rule has been criticised as it prevents patients at least temporarily from receiving an effective and potentially life-saving therapy. This poses the question of how this abstinence rule is depicted and justified by transplantation professionals.ArgumentsIn case of the 6‑month abstinence rule, guidelines (...) are used as a tool for rationing health care. Four frames of interpretation can be reconstructed from the ethical and medical literature. Each linguistically mediated frame offers a different representation of the 6‑month abstinence rule. According to these different framings, the 6‑month waiting period is depicted (1) as a diagnostic tool to determine the regenerative capacity of the liver, (2) as a prognostic tool to determine the prospects of success of a transplantation, and (3) to determine the drinking behaviour after transplantation. In a further context, the abstinence rule (4) is interpreted as an expression of an obligation to avoid behaviour harmful to health.ConclusionThese four frames provide linguistically mediated patterns of interpretation that are used by different actors to limit the indication for liver transplantation. They give rise to different ethical questions that allow a systematic ethical assessment of the 6‑month abstinence rule. (shrink)

This paper investigates the formation and propagation of wavefunction `branches' through the process of entanglement with the environment. While this process is a consequence of unitary dynamics, and hence significant to many if not all approaches to quantum theory, it plays a central role in many recent articulations of the Everett or `many worlds' interpretation. A highly idealized model of a locally interacting system and environment is described, and investigated in several situations in which branching occurs, including those involving Bell (...) inequality violating correlations; we illustrate how any non-locality is compatible with the locality of the dynamics. Although branching is particularly important for many worlds quantum theory, we take a neutral stance here, simply tracing out the consequences of a unitary dynamics. The overall goals are to provide a simple concrete realization of the quantum physics of branch formation, and especially to emphasise the compatibility of branching with relativity; the paper is intended to illuminate matters both for foundational work, and for the application of quantum theory to non-isolated systems. (shrink)

Este artículo estudia la sección de la recopilación de adab del 'Iqd al-farid de Ibn 'Abd Rabbih llamada "El Libro de Lamentaciones, Condolencias y Elegías". Se analiza la función ideológica del 'Iqd, concretamente la manera en que se organiza el género con ocasión de la muerte. Localiza lo que parece haberse «reprimido» en el texto en un intento por determinar el material que fue pasado por alto, enterrado o alterado, y estudia la organización de sus prioridades. El artículo sostiene que (...) el 'Iqd, en su función de texto ejemplar, no se limita a reflejar una ideología dominante sino que hace una contribución al discurso dominante por su manera de dar forma a la vida intelectual y social. (shrink)

Background In nursing homes, residents’ relatives represent important sources of support for nurses. However, in the heightened stress of emergency situations, interaction between nurses and relatives can raise ethical challenges. Research objectives The present analysis aimed at elaborating a typology of nurses’ experience of ethical support and challenges in their interaction with relatives in emergency situations. Research design Thirty-three semi-structured interviews and six focus groups were conducted with nurses from different nursing homes in Germany. Data were analysed according to Mayring’s (...) method of qualitative content analysis. Participants and research context Participants were licensed nurses working in nursing homes. Ethical considerations Ethical approval was granted by Ostfalia University of Applied Sciences (02.07.2020) and the Ethics Committee of Hannover Medical School (Nr. 8866_BO_K_2020; 27.01.2020). Interviewees were anonymised and focus group were pseudonymised during transcription. All participants provided written consent. Findings/results In emergency situations, relatives can represent important sources of support for nurses. However, they may also give rise to different challenges, relating to four ethical conflicts: (1) the challenge of meeting the information needs of relatives while providing appropriate care to all residents; (2) the challenge of managing relatives’ demands for hospitalisation when hospitalisation is not deemed necessary by nurses; (3) the challenge of managing relatives’ demands for lifesaving treatment when such treatment contradicts the will of the resident; and (4) the challenge of attempting to initiate hospitalisation when relatives oppose this course of action. Several external factors make these conflicts especially challenging for nurses: fear of legal consequences, a low staffing ratio, and a lack of qualified nursing staff. Conclusions Conflict between nurses and relatives typically revolves around hospitalisation and the initiation of lifesaving treatment. Whether nurses perceive interaction with relatives as supportive or conflictual essentially depends on the quality of the relationship, which may be negatively influenced by a number of external factors. (shrink)

Die vorliegende Untersuchung bemüht sich um eine Klärung des Verhältnisses von Lebenswelt und Wissenschaft. Zum einen treten die Wissenschaften bereits ihrem Begriffe nach mit dem Anspruch auf eine besondere Qualität des von ihnen zur Verfügung gestellten Wissens auf. Soll es sich hierbei nicht um ein leeres Versprechen handeln, muss sich zeigen lassen, inwiefern sich die Wissenschaften von anderen Wissensformen wie eben dem Alltagswissen abheben. Die Klärung dieses Verhältnisses stellt also implizit eine Bestimmung der besonderen Qualität der Wissenschaften dar - eine (...) der Hauptaufgaben der Wissenschaftsphilosophie. Zum anderen muss auch der Verlässlichkeit unseres Alltagswissens Genüge getan werden. Das lebensweltliche Wissen ermöglicht uns eine mehr als hinreichende Orientierung im Alltag, so dass eine Degradierung desselben zu einer Ansammlung von bloßen Scheingebilden nur eine unzureichende Analyse darstellt. Da sich prinzipiell drei unterschiedliche Gewichtungen des genannten Verhältnisses denken lassen - die erste optiert zu Gunsten der Wissenschaften, die zweite favorisiert die lebensweltlichen Erfahrungsformen, die dritte will beiden Erkenntnisformen zu ihrem jeweiligen Recht verhelfen -, werden diese nacheinander diskutiert und gegeneinander abgewogen. (shrink)

The year 2006 marked the two hundredth anniversary of John Stuart Mill's birth. Though his philosophical reputation has varied greatly, it is now clear that Mill ranks among the most influential modern political thinkers. Despite his enduring influence, the breadth and complexity of Mill's political thought is often underappreciated. While his writings remain a touchstone for debates over liberty and liberalism, many other important dimensions of his political philosophy have until recently been ignored. This book aims to correct such neglect, (...) by illustrating the breadth and depth of Mill's political writings, by drawing together a collection of essays whose authors explore underappreciated elements of Mill's political philosophy. The book shows how Mill's thinking remains pertinent to our own political life in three broad areas - democratic institutions and culture, liberalism, and international politics - and offers a critical reassessment of Mill's political philosophy in light of recent political developments and transformations. (shrink)

The human genome is commonly regarded as a ‘natural’ connection between all human beings, as it has been handed down to us by our predecessors. As such, it is believed to represent common heritage of humanity, e.g. a resource of outstanding value that should be the object of special protection and international concern. Some critics argue that germline manipulation would disrupt this natural heritage and that we have a duty to preserve the integrity of the human germline. However, a closer (...) look reveals that the concept of common heritage of humanity does not necessarily imply the impermissibility of germline manipulation. If it is restricted to the prevention of severe diseases, germline manipulation does not represent a threat to the unity and identity of the human species, even though this would create a new form of relationship between human beings, namely that between a designer and a genetically designed person. (shrink)

In an article published recently in this journal, one of us reconstructed how in 1899 J. J. Thomson, after having measured the mass-to-charge ratio of the corpuscle , achieved a measurement of its charge and consequently an estimate of its mass, obtaining in this manner ‘direct proof of the existence of particles smaller than the hydrogen atom’. In this paper, starting with an analysis of Zeeman's first measurements on the widening of spectral lines in a magnetic field, we show that (...) the existence of masses smaller than the atom was already a matter of discussion in early 1897, and that a qualitative estimate of the mass of the electron was made even before Thomson's measurements in 1899. In this process an important role was played by a research programme on the structure of matter carried out by Stoney in the latter part of the nineteenth century. This had in many aspects anticipated Zeeman's experimental observations, and its conclusions were in part formalized in the so-called Larmor theorem. (shrink)