Although there are many points of continuity, there are also a number of changes in the pedagogical form of the anatomy lecture over the longue durée, over centuries of epistemic change, rather than over years or decades. The article begins with an analysis of the physical and technical arrangements of the early modern anatomy lecture, showing how these present a general underlying similarity compared to those in place today. It then goes on to consider examples of elements of speech (...) and presentation, description and illustration that are used in the biology lecture from the early modern (sixteenth to seventeenth centuries) and late modern (or contemporary) eras. The anatomy lecture thus demonstrates a basic physical and technical continuity in the classroom or theater, whereas the larger epistemic functions in which it is embedded have changed: from a descriptive, discursive function, focusing on individual organs and their physicality, to one that is more integrative, systemic and also performative in both form and content. (shrink)

This study addresses the question of normative analysis of the value‐based aspects of nursing. In our perspective, values in science may be distinguished into (i) epistemic when related to the goals of truth and objectivity and (ii) non‐epistemic when related to social, cultural or political aspects. Furthermore, values can be called constitutive when necessary for a scientific enterprise, or contextual when contingently associated with science. Analysis of the roles of the various forms of values and models of (...) knowledge translation provides the ground to understand the specific role of values in nursing. A conceptual framework has been built to classify some of the classical perspectives on nursing knowledge and to examine the relationships between values and different forms of knowledge in nursing. It follows that adopting a normative perspective in the analysis of nursing knowledge provides key elements to identify its proper dimension. (shrink)

This study addresses the question of normative analysis of the value‐based aspects of nursing. In our perspective, values in science may be distinguished into (i) epistemic when related to the goals of truth and objectivity and (ii) non‐epistemic when related to social, cultural or political aspects. Furthermore, values can be called constitutive when necessary for a scientific enterprise, or contextual when contingently associated with science. Analysis of the roles of the various forms of values and models of (...) knowledge translation provides the ground to understand the specific role of values in nursing. A conceptual framework has been built to classify some of the classical perspectives on nursing knowledge and to examine the relationships between values and different forms of knowledge in nursing. It follows that adopting a normative perspective in the analysis of nursing knowledge provides key elements to identify its proper dimension. (shrink)

This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, Does guanxi work? but rather Should corporations use guanxi? The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types (...) of, and uses for guanxi. We identify the potentially problematic aspects of certain forms of guanxi from a normative perspective, noting among other things, the close association of particular types of guanxi with corruption and bribery. We conclude that there are many different forms of guanxi that may have distinct impacts on economic efficiency and the well-being of ordinary Chinese citizens. Consistent with Donaldson and Dunfee (1999), we advocate a particularistic analysis of the different forms of guanxi. (shrink)

Is divorce reasonable, given that marital promises are often apparently unqualified? I explain a variety of ways in which one can take promises seriously and recognize the value of genuinely unqualified love in marriage while recognizing that it may be reasonable in particular cases to treat marital promises as non-binding.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal (...) philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars. (shrink)

There has been tremendous growth in the sales of certified fair trade products since the introduction of the first of these goods in the Netherlands in 1988. Many would argue that this rapid growth has been due in large part to the increasing involvement of corporations. Still, participation by corporations in fair trade has not been welcomed by all. The basic point of contention is that, while corporate participation has the potential to rapidly extend the market for fair trade goods, (...) it threatens key aspects of what many see as the original vision of fair trade – most notably a primary concern for the plight of small producers and the goal of developing an alternative approach to trade and development – and may even be undermining its long-term survival. The primary purpose of this article is to explore the normative issues involved in corporate participation in fair trade. In order to do that, however, it first provides a positive analysis of how corporations are actually involved in fair trade. In order to achieve both of these ends, the article draws upon global value chain analysis. (shrink)

The ethical matrix is a participatory tool designed to structure ethical reflection about the design, the introduction, the development or the use of technologies. Its collective implementation, in the context of participatory decision-making, has shown its potential usefulness. On the contrary, its implementation by a single researcher has not been thoroughly analyzed. The aim of this paper is precisely to assess the strength of ethical matrixes implemented by a single researcher as a tool for conceptual normative analysis related (...) to technological choices. Therefore, the ethical matrix framework is applied to the management of high-level radioactive waste, more specifically to retrievable and non-retrievable geological disposal. The results of this analysis show that the usefulness of ethical matrixes is twofold and that they provide a valuable input for further decision-making. Indeed, by using ethical matrixes, implicit ethically relevant issues were revealed—namely issues of equity associated with health impacts and differences between close and remote future generations regarding ethical impacts. Moreover, the ethical matrix framework was helpful in synthesizing and comparing systematically the ethical impacts of the technologies under scrutiny, and hence in highlighting the potential ethical conflicts. (shrink)

Goal setting is an important professional method and one of the key concepts that structure a practical field such as physical rehabilitation. However, the actual use of goals in rehabilitation practice is much less straightforward than the general acceptance of the method suggests as goals are frequently unattained, modified or contested. In this paper, I will argue that the difficulties of goal setting in day-to-day medical practice can be understood by unravelling the normative assumptions of goal setting, in this (...) case three different tensions that come along with it. First, goals are developed for a future state that may require activities that clash with necessities of the present situation. Second, professionals in clinical rehabilitation centres elaborate goals for an environment that differs in terms of spatial and social characteristics from the environment in the centre, where people train for the accomplishment of goals. Finally, goal setting requires active patient participation and individual control that sometimes appears impossible, unrealistic, and undesirable. I will describe how professionals deal with these tensions in a creative and dynamic way. With my articulation of the assumptions of goal setting, I hope to contribute to the self-reflection of rehabilitation practitioners as well as to theoretical discussions of goal setting in contexts other than rehabilitation. (shrink)

This paper argues that a lonely death is, by definition, a bad death and that society as a whole, as well as individuals in society are obligated to assure a certain degree of well‐being, flourishing, or care among and for fellow individuals. Individuals can then be said to have a right against dying a lonely death. Such a right has corresponding duties. The paper further specifies what such duties may entail based on what individuals may need on their deathbed, specifically (...) focusing on the need for human touch. Assuming that human touch might indeed be needed by some individuals in order to avoid a lonely death, the paper explores potential implications from a public health perspective, particularly during infectious disease outbreaks such as COVID. (shrink)

This paper explores ethical concerns arising in healthcare integration. We argue that integration is necessary imperative for meeting contemporary and future healthcare challenges, a far stronger evidence base for the conditions of its effectiveness is required. In particular, given the increasing emphasis at the policy level for the entire healthcare infrastructure to become better integrated, our analysis of the ethical challenges that follow from the logic of integration itself is timely and important and has hitherto received insufficient attention. We (...) evaluated an educational intervention which aims to improve child health outcomes by making transitions between primary to secondary care more efficient, ensuring children and parents are better supported throughout. The programme provided skills for trainee paediatricians and general practitioners in co-designing integrated clinical services. The key ethical challenges of integrated care that arose from a clinical perspective are: professional identity and autonomy in an integrated working environment; the concomitant extent of professional responsibility in such an environment; and the urgent need for more evidence to be produced on which strategies for integrating at scale can be based. From our analysis we suggest a tentative way forward, viewed from a normative position broadly situated at the intersection of deontology and care ethics. We adopt this position because the primary clinical ethical issues in the context of integrated care concern: how to ensure that all duties of care to individual patients are met in a newly orientated working environment where clinical responsibility may be ambiguous; and the need to orientate care around the patient by foregrounding their autonomous preferences and ensuring good patient clinician relationships in clinical decision-making. (shrink)

The text introduces the concept behind the Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”. It explains why there is a need to study migration policies across disciplines, includes a short note on the current literature, and provides a look back at the workshop. DOI:10.17879/15199624685 .

Algorithmic-level specifications carry part of the explanatory burden in most psychological theories. It is, thus, inappropriate to limit a comparison and evaluation of theories to the computational level. A rational analysis considers people's goal-directed and environmentally adaptive rationality; it is not normative. Adaptive rationality is by definition non-absolute; hence, neither deductive logic nor Bayesian probability theory has absolute normative status.

The rationality debate centers on the meaning of deviations of decision makers' responses from the predictions/prescriptions of normative models. But for the debate to have significance, the meaning and functions of normative analysis must be clear. Presently, they are not, and the debate's persistence owes much to conceptual blur. An attempt is made here to clarify the concept of normative analysis.

Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not (...) give their consent: citizens who reach the voting age after the re-enactment process; citizens who did not assent to being obliged by the majority vote’s results. I reject possible responses to my argument by showing that they result in making the model either impractical or redundant. The remainder of the paper discusses whether implementing the model would enhance the consent-based legitimacy of the modern state. (shrink)

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) uses the conceptualization of psychopathology to make psychiatric diagnoses operational. The use of explicit operational criteria appears to be based on an implicit neo-positivist epistemology. Operationalism involves an excessive focus on quantitative descriptions of behavior manifestations, contesting that psychopathology is understood as a deviation from the normal or the average in a given population. Consequently, the normal and the psychopathological become homogeneous. Our analysis investigates if this neo-positivist epistemology (...) narrows psychopathology conceptualization and endanger integration with the hybrid biopsychosocial model of psychiatry. Based on Georges Canguilhem’s theorization of a qualitative approach to the individual organism who is in a state of morbidity, we show that the (psychiatric) pathology also contains differences in quality. Moreover, that humans are norm-producing organisms that actively respond to changes in their internal and external environment. In this regard, the operationalization of mental disorders could include the normativity in humans, i.e., the ability to produce norms. We argue this will mitigate the one-sided psychopathology conceptualization and strengthen the relationship between psychiatric nosology and psychiatry’s hybrid biopsychosocial model. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th century England, and (...) proceed through the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

The Royal Dutch Medical Association recently completed a researchproject aimed at investigating how guidelines for `appropriatemedical care' should be construed. The project took as a startingpoint that explicit attention should be given to ethical andpolitical considerations in addition to data about costs andeffectiveness. In the project, two research groups set out todesign guidelines and cost-effectiveness analyses (CEAs) for twocircumscribed medical areas (angina pectoris and majordepression). Our third group was responsible for the normativeanalysis. We undertook an explorative, qualitative pilot study ofthe (...) normative considerations that played a role in constructingthe guidelines and CEAs, and simultaneously interviewedspecialists about the normative considerations that guided theirdiagnostic and treatment decisions. Explicating normativeconsiderations, we argue, is important democratically: the issuesat stake should not be left to decision analysts and guidelinedevelopers to decide. Moreover, it is a necessary condition for asuccessful implementation of such tools: those who draw uponthese tools will only accept them when they can recognizethemselves in the considerations implied. Empirical normativeanalysis, we argue, is a crucial tool in developing guidelinesfor appropriate medical care. (shrink)

Philosophical arguments stemming from the public health ethics arena suggest that public health interventions ought to be subject to normative inquiry that considers relational values, including concepts such as solidarity, reciprocity and health equity. As yet, however, the extent to which ‘public’ values influence the ‘autonomous’ decisions of the public remains largely unexplored. Drawing on interviews with 50 men in Vancouver, Canada, this study employs a critical discourse analysis to examine participants’ decisions and motivations to voluntarily access HIV (...) testing and/or to accept a routine HIV test offer. Within a sub-set of interviews, a transactional discourse emerged in which the decision to test features an arrangement of ‘giving and receiving’. Discourses related to notions of solidarity emphasize considerations of justice and positions testing as a ‘public’ act. Lastly, ‘individualistic’ discourses focused on individual-level considerations, with less concern for the broader public ‘good’. These findings underscore how normative dimensions pertaining to men’s decisions to test are dialectically interrelated with the broader social and structural influences on individual and collective health-related behaviour, thereby suggesting a need to advance an explicit empirical-normative research agenda related to population and public health intervention research. (shrink)

This is an introductory book that targets the reader who has the ambition to apply economic analysis but may be missing a technical introduction to its mathematical techniques or seeks a structured elaboration of its philosophical principles. The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles and then passes to the details of methods such as model-building, derivatives, differential equations, statistical tests, and the use of computer programs.

Drawing on ethical and legal frameworks in the Netherlands, the United States and France, we examine whether physicians are expected to inform patients about potentially relevant opportunities for expanded access to investigational drugs. While we found no definitive legal obligation, we argue that physicians have a moral obligation to discuss opportunities for expanded access with patients who have run out of treatment options to prevent inequality, to promote autonomy, and to achieve beneficence.

This paper focuses on the normative analysis—in the sense of the classic decision-theoretic formulation—of decision problems that arise in connection with forensic expert reporting. We distinguish this analytical account from other common types of decision analyses, such as descriptive approaches. While decision theory is, since several decades, an extensively discussed topic in legal literature, its use in forensic science is more recent, and with an emphasis on goals such as the analysis of the logical structure of forensic (...) expert conclusions regarding, for example, propositions of common source of evidential and known materials. Typical examples are so-called identification decisions, especially categorical conclusions according to which fingermarks come from a particular a person of interest. We will present and compare ways of stating forensic identification decisions in decision-theoretic terms and explain their underlying rationale. In particular, we will emphasize the importance of viewing this analysis as normative in the sense of providing a reflective rather than a prescriptive reference point against which people in charge of forensic identification decisions may compare their otherwise intuitive and informal reasoning, before acting. Normative decision analysis in forensic science thus provides a vector through which current practice can be articulated, scrutinized and rethought. (shrink)

New Breeding Techniques such as CRISPR-Cas9 are revolutionizing plant breeding and food production. Experts believe that the social debate about these technologies could be similar to those on green genetic engineering: emotional and highly controversial. Future debate about Genome Editing could benefit from a better understanding of the GMO (genetically modified organism) controversy. Against this background, this paper (a) presents results of a content analysis of position papers criticizing green genetic engineering in Germany. In particular, (b) it focuses on (...) the controversy as a place where normative concepts of nature are debated and become visible. Hence, the study complements existing interpretations by showing that the emerging concepts are more diverse than the familiar reductionist breakdown of the debate into anthropocentric vs. non-anthropocentric conceptions suggests. (shrink)

This paper identifies the different normative ethical arguments stated and suggested by Arjuna and Krishna in the Gītā , analyzes those arguments, examines the interrelations between those arguments, and demonstrates that, contrary to a common view, both Arjuna and Krishna advance ethical theories of a broad consequentialist nature. It is shown that Krishna’s ethical theory, in particular, is a distinctive kind of rule-consequentialism that takes as intrinsically valuable the twin consequences of mokṣa and lokasaṃgraha . It is also argued (...) that Krishna’s teachings in the Gītā gain in depth, coherence, and critical relevance what they lose in simplicity when the ethical theory underlying those teachings is understood as a consequentialism of this kind rather than as a deontology. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...) constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

In this chapter, Thelma Zeno Lavine argues that the sociology of knowledge should subject the norms of knowledge to socio-historical analysis.

ObjectiveThis study aims to analyze sociohistorically how the normative patterns of hegemonic masculinity produced impacts on men’s health/mental health in the context of the COVID-19 pandemic.MethodsA qualitative study from a socio-historical perspective was conducted with 50 men based on an online survey. A semistructured form was applied. The data were analyzed by the Collective Subject Discourse method, interpreted in the light of the context of epidemic disease and hegemonic masculinity.ResultsThe experience of the pandemic exposed the normative patterns of (...) masculinities from the consummation of acts representative of the pandemic context, which incited men to deny the existence of COVID-19 disease and to delay the understanding and adoption of measures to protect and control COVID-19. As a repercussion, men presented conflicts in the regulation of emotions; presented emotional suppression; were more reactive; felt threatened regarding the loss of the role of family provider, virility; and revealed a sense of invulnerability, added to the weakening of self-care.ConclusionThe discourse revealed that the men’s behaviors are consistent with the characteristics of hegemonic masculinity, but express signs of recognition that this behavior causes harm to themselves and their health. (shrink)

This study analyzes prospective teachers’ digital citizenship behaviour norms. The sample consists of the seventeen prospective teachers who studied at the University Of Gaziantep Faculty Of Education in the academic year 2009-2010. Qualitative methods were utilized in the collection and the analysis of data. The results indicated the teachers adequately demonstrated behaviour norms regarding digital communication and digital literacy, yet only few showed behaviour norms concerning digital access, digital etiquette, digital commerce, digital rights and responsibilities, digital law, digital health (...) and wellness, and digital security categories. Therefore, these results highlight the fact that the digital citizenship behaviour norms should be included in teacher training programs in Turkey. (shrink)

ABSTRACTIn this article, we explore how ecological restoration reference models are produced and what work they do within an ecological restoration project. By tracing the genesis of two restoratio...

This paper analyses and (tentatively) rejects Julian Fink's argument for the existence of normative process-requirements. According to Fink, only process-requirements allow us to give appropriate normative credit to a subject S who violates certain state-requirements but is undergoing a process that will eventually lead to their satisfaction. I will show that Fink's argument applies, at best, only to a restricted set of cases—namely, when S's undergoing a process has not resulted in the formation of new mental states. In (...) these remaining cases, however, it is implausible to give S normative credit for undergoing the relevant process. Thus, we can assign the correct degree of the corresponding normative property solely in terms of state-requirements. To the extent that this holds, Fink's argument does not entail that there are normative process-requirements. (shrink)