This article is an attempt to give arguments for bringing aesthetics back into praxis. Often aesthetics is understood as something coming out of individual designers' or architects' creative talents. We challenge such a view by introducing an understanding of aesthetics as an aspect of praxis. The article builds on observations of a design project for a community centre in a Danish village. We argue that aesthetics is a result of struggles by participants in praxis, where aesthetic, material, functional, ethical, political, (...) and economic aspects are formed by each other in a dialectic process. The struggles are found in the client's reasons for starting the process, in the design and construction process and the use of the results. This means that descriptions of the aesthetics of buildings should incorporate relevant discussions and struggles of the design, construction and use of the building. It also means that the key to a fruitful ongoing collaborative process producing good aesthetic comes from managing together the many aspects of praxis in an open way. (shrink)

BackgroundThe areas of Research Ethics (RE) and Research Integrity (RI) are rapidly evolving. Cases of research misconduct, other transgressions related to RE and RI, and forms of ethically questionable behaviors have been frequently published. The objective of this scoping review was to collect RE and RI cases, analyze their main characteristics, and discuss how these cases are represented in the scientific literature.MethodsThe search included cases involving a violation of, or misbehavior, poor judgment, or detrimental research practice in relation to a (...) normative framework. A search was conducted in PubMed, Web of Science, SCOPUS, JSTOR, Ovid, and Science Direct in March 2018, without language or date restriction. Data relating to the articles and the cases were extracted from case descriptions.ResultsA total of 14,719 records were identified, and 388 items were included in the qualitative synthesis. The papers contained 500 case descriptions. After applying the eligibility criteria, 238 cases were included in the analysis. In the case analysis, fabrication and falsification were the most frequently tagged violations (44.9%). The non-adherence to pertinent laws and regulations, such as lack of informed consent and REC approval, was the second most frequently tagged violation (15.7%), followed by patient safety issues (11.1%) and plagiarism (6.9%). 80.8% of cases were from the Medical and Health Sciences, 11.5% from the Natural Sciences, 4.3% from Social Sciences, 2.1% from Engineering and Technology, and 1.3% from Humanities. Paper retraction was the most prevalent sanction (45.4%), followed by exclusion from funding applications (35.5%).ConclusionsCase descriptions found in academic journals are dominated by discussions regarding prominent cases and are mainly published in the news section of journals. Our results show that there is an overrepresentation of biomedical research cases over other scientific fields compared to its proportion in scientific publications. The cases mostly involve fabrication, falsification, and patient safety issues. This finding could have a significant impact on the academic representation of misbehaviors. The predominance of fabrication and falsification cases might diverge the attention of the academic community from relevant but less visible violations, and from recently emerging forms of misbehaviors. (shrink)

The aim of this article is to critique health policy discourses that are taken for granted. This perspective will allow for the identification of ‘exclusionary’ health policies, which we define as policies that are thought to offer universal benefit, despite yielding adverse effects for significant groups of people in society. As such, policies that are said to be designed ‘for all’ frequently benefit only a subset of the population. Our intent is to highlight the distributional consequences of certain health policies (...) that are largely institutionalized in contemporary society. We believe that these distributional effects are explicit representations of power in society and that institutions may provide individual ‘choice’ and ‘freedom’ that, in turn, yields separation as an outcome, a separating equilibrium. Specifically, if those who benefit from policies of partition are numerous and are to obtain significant advantage or incur limited costs, or if those who are adversely affected are scarce (or hidden), or the size of these adverse effects are small (or perceived to be minor), then partition becomes more likely as a ‘legitimate’, but exclusionary, instrument of public policy. (shrink)

Collection of cases with decisions attributed to Cardinal William Allen and Robert Persons, S.J. -- Collection of cases discussed at the English College, Douai (which was at Rheims from 1578 to 1593).

(1985). Underlying Theoretical Assumptions and the Evaluation of Management Motivation in Higher Education. Educational Studies: Vol. 11, No. 2, pp. 159-166.

In public debate GMPs are oftenreferred to as being unnatural or a violationof nature. Some people have serious moralconcerns about departures from what is natural.Others are concerned about potential risks tothe environment arising from the combination ofhereditary material moving across naturalboundaries and the limits of scientificforesight of long-term consequences. To addresssome of these concerns we propose that anadditional element in risk assessment based onthe concept of familiarity should beintroduced. The objective is to facilitatetransparency about uncertainties inherent inthe risk assessment of (...) the GMP. Familiarityconventionally involves data and experiencerelating to the plant species and the ecosystemin question. We would like to extend thisconcept to the molecular level of plantbreeding and suggest that GMP characteristicsshould be compared to a reference baselinedetermined by conventional breeding techniques.Three GMPs are ranked according to familiarityat the plant and ecosystem level and themolecular level. The approach may help tointegrate discussion of the scientificarguments and moral questions raised in thedebate about GMOs by providing an operationalscheme within which moral concerns are broughtwithin the framework of science-based riskassessment. (shrink)

In Western societies scientists are increasingly expected to seek media exposure and cooperate with industry. Little attention has been given to the way such expectations affect the role of scientific experts in society. To investigate scientists’ own perspectives on these issues eight exploratory, in-depth interviews were conducted in Denmark with reputable nutrition scientists. Additionally, eight interviews were held with ‘key informants’ from the field of nutrition policy. It was found that nutrition scientists experience two dilemmas: first, between their aspiration to (...) make a collective impact on public health and the powerful incentives of each to appear frequently in the media with new messages; second, between their need to cooperate with the food industry for financial reasons and their fear that this may compromise their independence and scientific integrity. It is argued that the dilemmas identified in this study should be dealt with openly by the relevant groups of scientists. (shrink)

Philosophy and Kafka is a collection of original essays interrogating the relationship of literature and philosophy. The essays either discuss specific philosophical commentaries on Kafka’s work, consider the possible relevance of certain philosophical outlooks for examining Kafka’s writings, or examine Kafka’s writings in terms of a specific philosophical theme, such as communication and subjectivity, language and meaning, knowledge and truth, the human/animal divide, justice, and freedom.

Informed consent is one of the perennial problems of medical ethics. It raises interesting philosophical questions, but also questions about regulation and implementation. The paper by Fovargue and Miola in this issue look at the recent guidance to doctors on informed consent from the UK's General Medical Council. They reach the rather depressing conclusion that whereas the law in the UK has moved forward in the recognition of patient autonomy, the GMC has moved backwards in some areas since the previous (...) guidance was issued in 1998. A paper by Potts et al also look at consent, but in this case consent to organ donation. They criticise a paper by Ben Saunders published in the JME in 2010. Saunders combined David Estlund's concept of ‘normative consent’ with Peter Singer's ‘greater moral evil’ principle and argued on this basis that actual consent to organ donation after death is not necessary, only absence of a clear refusal. Potts and …. (shrink)

"Menschen glauben aus den unterschiedlichsten Gründen an Gott. Aber ist dieser Glaube rational gerechtfertigt? In diesem Band streiten führende Religionsphilosoph/-innen um die Frage, ob die besten Gründe für oder gegen den Theismus sprechen. Einige Beiträge unterziehen klassische Argumente für bzw. gegen die Existenz Gottes einer neuen Betrachtung. Andere gehen der Frage nach, welche Bedingungen eigentlich erfüllt sein müssen, damit die Überzeugung, Gott existiere, als vernünftig angesehen werden kann. Gelten hier dieselben Standards wie bei Überzeugungen über die Existenz von Quasaren? Oder (...) haben religiöse Überzeugungen einen besonderen epistemologischen Status? Und ist es rational zulässig, religiöse Erfahrungen oder tradierte Offenbarungen als Gründe für religiöse Überzeugungen anzuführen? Mit Beiträgen von Ansgar Beckermann, Katherine Dormandy, Franz von Kutschera, Winfried Löffler, Herman Philipse, Peter Schulte, Holm Tetens und Christian Weidemann."-- Back cover. (shrink)

_Courting the Abyss_ updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a (...) time of increased national security. _Courting the Abyss_ revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition. A mesmerizing account of the role of public communication in the Anglo-American world, _Courting the Abyss_ shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today. A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, _Courting the Abyss_ invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil. (shrink)

In this paper, a theory of the contents of fictional names — names of fictional people, places, etc. — will be developed.1 The fundamental datum that must be addressed by such a theory is that fictional names are, in an important sense, empty: the entities to which they putatively refer do not exist.2 Nevertheless, they make substantial contributions to the truth conditions of sentences in which they occur. Not only do such sentences have truth conditions, sentences differing only in the (...) fictional names they contain differ in their truth conditions. It is, after all, commonplace to note such things as, for example, thatBilbo Baggins is a hobbitis true, andSherlock Holmes is a hobbitis false, while acknowledging at .. (shrink)

Mit Beiträgen von Heiner Hastedt, Peter Schefe, Michael Heidelberger, Wolfgang Coy, Peter Janich, Sybille Krämer, Heinz Zemanek, Rafael Capurro, Ekkehard Martens, Yvonne Dittrich, Holm Tetens, Geert Keil, John R. Searle, Margaret A. Boden, Godela Unseld, Ulrike Teubner, Rüdiger Weingarten, Florian Rötzer und Simone Dietz.

As a fan of Sherlock Holmes from a young age it occurred to me recently to wonder what the great detective would have made of the 'hard' problem of consciousness. Here is one possible scenario.

Menschen glauben aus den unterschiedlichsten Gründen an Gott. Aber ist dieser Glaube rational gerechtfertigt? In diesem Band streiten führende Religionsphilosoph/-innen um die Frage, ob die besten Gründe für oder gegen den Theismus sprechen. Einige Beiträge unterziehen klassische Argumente für bzw. gegen die Existenz Gottes einer neuen Betrachtung. Andere gehen der Frage nach, welche Bedingungen eigentlich erfüllt sein müssen, damit die Überzeugung, Gott existiere, als vernünftig angesehen werden kann. Gelten hier dieselben Standards wie bei Überzeugungen über die Existenz von Quasaren? Oder (...) haben religiöse Überzeugungen einen besonderen epistemologischen Status? Und ist es rational zulässig, religiöse Erfahrungen oder tradierte Offenbarungen als Gründe für religiöse Überzeugungen anzuführen? Mit Beiträgen von Ansgar Beckermann, Katherine Dormandy, Franz von Kutschera, Winfried Löffler, Herman Philipse, Peter Schulte, Holm Tetens und Christian Weidemann. (shrink)

Pricing Life is an extremely timely and stimulating book. The debate about health care rationing has now been running for several decades but there are still people who publicly deny that rationing of health care has to take place, or that health care rationing could be ethically justifiable. In many countries we have also had politicians who have refused to allow the “R” word to pass their lips. In this well written, and very direct book Peter Ubel decisively shows (...) that rationing is an inevitable feature of modern medicine and that it is not something that health care administrators and economists force doctors to perform against …. (shrink)

A principle claiming equal entitlement to continued life has been strongly defended in the literature as a fundamental social value. We refer to this principle as ‘equal value of life'. In this paper we argue that there is a general incompatibility between the equal value of life principle and the weak Pareto principle and provide proof of this under mild structural assumptions. Moreover we demonstrate that a weaker, age-dependent version of the equal value of life principle is also incompatible with (...) the weak Pareto principle. However, both principles can be satisfied if transitivity of social preference is relaxed to quasi-transitivity. Footnotes1 The authors are grateful to Luc Bovens, Kristian Schultz Hansen, Søren Holm, Franz Huber, Wiebke Kuklys, Gabriella Pigozzi, and two anonymous referees for detailed and very helpful comments on earlier versions of this paper. Any errors and shortcomings are the responsibility of the authors alone. (shrink)

In 2017 Ploug and Holm argued that anonymizing individuals in the Danish circumcision registry was insufficient to protect these individuals from what they regard as the potential harms of being in the registry. We argue that Ploug and Holm’s fears in each of the areas are misguided, not supported by the evidence, and could interfere with the gathering of accurate data. The extent of the risks and harms associated with ritual circumcision is not well known. The anonymized personal (...) health data supplemented with the circumcision registry will enable more precise research into the medical consequences of ritual circumcision, and allow parents to make more fully informed decisions about circumcision with minimal, if any, adverse consequences. (shrink)

Philosophy should and can contribute to bioethics Content Type Journal Article DOI 10.1007/s11016-010-9476-2 Authors Vicki Langendyk, School of Medicine, University of Western Sydney, Locked Bag 1797, Penrith South DC, NSW 1797, Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Recently, a number of authors have suggested that we understand scientific models in the same way as fictional characters, like Sherlock Holmes. The biggest challenge for this approach concerns the ontology of fictional characters. I consider two responses to this challenge, given by Roman Frigg, Ronald Giere and Peter Godfrey-Smith, and argue that neither is successful. I then suggest an alternative approach. While parallels with fiction are useful, I argue that models of real systems are more aptly compared to (...) works that portray real people, like the Emperor Claudius. This approach will allow us to avoid problems with fictional characters. (shrink)

Neoliberalism, an ideology with an emphasis on competition and marketization of things, has increasingly infiltrated many socio-economic sectors, including education in general and early childhood...

The article analyses Niels Lyhne, a novel written by the Danish writer Jens Peter Jacobsen. The authoress believes that the novel can be interpreted through the prism of Søren Kierkegaard’s philosophy of despair and melancholy, as well as Friedrich Nietzsche’s philosophy of deicide. She investigates the issue of atheism and contradictions that result from it by, firstly, focusing on arguments proving the weakness of religion and then by discussing arguments supporting atheism that are advanced by the main protagonist (...) in the novel. What draws attention in Niels’s line of thought is, on the one hand, an unambiguous departure from religion and, on the other, adopting naturalism, which is difficult to reconcile with his idealism. Furthermore, the authoress concentrates on Niels’s worldview, pointing out that it is constituted by a metaphysical rebellion, i.e. refusing to accept an ontic status of man, which involves suffering and death. She claims that Niels has not mastered „the art of losing,” which is addressed by Elizabeth Bishop in her poem. In her conclusion, the authoress indicates contradictions in Niels’s line of thought, which undermine coherence and usefulness of his atheistic worldview. (shrink)

Book Reviewed in this article: Traditional Sayings in the Old Testament. By Carole R. Fontaine. Pp. viii, 279, Sheffield, The Almond Press, 1982, £17.95, £8.95. The First Day of the New Creation: The Resurrection and the Christian Faith. By Vesilin Keisch. Pp.206, Crestwood, New York, St Vladimirs Seminary Press, 1982, £6.25. The First Day of the New Creation: The Resurrection and the Christian Faith. By Vesilin Keisch. Pp.206, Crestwood, New York, St Vladimir's Seminary Press, 1982, £6.25. The Resurrection of Jesus: (...) A Jewish Perspective. By Pinchas Lapide. Pp.160, London, SPCK, 1983, 4.95. Easter Enigma. By John Wenham. Pp.162, Exeter, Paternoster Press, 1984, £2.95. The Anastasis: the Resurrection of Jesus as an Historical Event. By J. Duncan M. Derrett. Pp.xiv, 166, Shipston‐on‐Stour, P. Drinkwater, 1982, £5.00. The Open Heaven: A Study of Apocalyptic in Judaism and Early Christianity. By Christopher Rowland. Pp. xii, 562, London, SPCK, 1982, £22.50. Christianity Rediscovered: An Epistle from the Masai. By Vincent J. Donovan. Pp. viii, 200, London, SCM Press, 1982, £5.50. Basics of a Roman Catholic Theology. By William A. Van Roo, S.J. Pp.387, Rome, Gregorian University Press, 1982, $21.00. Charisms and Charismatic Renewal: a Biblical and Theological Study. By Francis A. Sullivan. Pp.184, Dublin, Gill & Macmillan, 1982, £5.95. Holiness and Politics. By Peter Hinchliff. Pp.214, London, Darton, Longman and Todd, 1982, £8.95. Rational Theology and the Creativity of God. By Keith Ward. Pp.240, Oxford, Blackwell, 1982, £14.00. The Point of Christology. By S.M. Ogden. Pp.xii, 193, London, SCM Press, 1982, £5.95. Fullness of Humanity: Christ's Humanness and Ours. By T.E. Pollard. Pp.126, Sheffield, The Almond Press, 1982, £9.95, £5.95. Milton's Good God: A Study in Literary Theodicy. By Dennis Richard Danielson. Pp.xi, 292, Cambridge University Press, 1982, £20.00. Biblical Tradition in Blake's Early Prophecies: The Great Code of Art. By Leslie Tannenbaum. Pp.xiii, 373, Princeton University Press, 1982, £17.60. The Inner Journey of the Poet and Other Papers. By Kathleen Raine, edited by Brian Keeble. Pp.xii, 208, London, George Allen and Unwin, 1982, £9.95.iVol. 34: Horayot and Niddah. Translated by Jacob Neusner. Pp.xiii, 243, Chicago, The University of Chicago Press, 1982, £17.50. Holy Land Pilgrimage in the Later Roman Empire A.D. 312–460. By Ed. Hunt. Pp. £+ 269, Oxford University Press, 1982, £16.50. Constantine versus Christ: The Triumph of Ideology. By Alistair Kee. Pp.186, London, SCM Press, 1982, £5.95. Society and the Holy in Late Antiquity. By Peter Brown. Pp.347, London, Faber and Faber, 1982, £10.50. Elishe: History of Vardan and the Armenian War. Translation and commentary by Robert W. Thomson. Pp.x, 353, 1 map, Cambridge, Harvard University Press, 1982, £21.00. Ireland in Early Mediaeval Europe: Studies in Memory of Kathleen Hughes. Edited by Dorothy Whitelock, Rosamond McKitterick and David Dumville. Pp.x, 406, Cambridge University Press, 1982, £39.00. Letters from Ireland 1228–1229 by Stephen of Lexington. Translated with an introduction by B.W. O'Dwyer. Pp.vii, 292, Kalamazoo, Cistercian Publications, 1982, $24.95. The Occupation of Celtic Sites in Ireland by the Canons Regular of St Augustine and the Cistercians. By Geraldine Carville. Pp.ix, 158, Kalamazoo, Cistercian Publications, 1982, $13.95. Chartres: The Masons who built a Legend. By John James. Pp.200, London, Routledge and Kegan Paul, 1982, £17.50. Temples, Churches and Mosques: A Guide to the Appreciation of Religious Architecture. By J.G. Davies. Pp.x, 262, Oxford, Basil Blackwell, 1982, £12.50. The Murdered Magicians: The Templars and their Myth. By Peter Partner. Pp.xxi, 209. Oxford University Press, 1982, £12.95. The Italian Crusades: The Papal‐Angevin Alliance and the Crusades Against Christian Lay Powers, 1254–1343. By Norman Housley. Pp.xi, 293, Oxford, Clarendon Press: Oxford University Press, 1982, £17.50. The Westminster Chronicle, 1381–1394. Edited and Translated by L.C. Hector and Barbara F. Harvey. Pp.lxxvii, 563. Oxford, the Clarendon Press, 1982, £42.00. Frömmigkeitstheologie am Anfang des 16. Jahrhunderts. By Berndt Hamm. Pp.xv, 378, Tübingen, J.C.B. Mohr, 1982, 168 DM. Erasmi Opera omnia, IX, 2: Desiderii Erasmi Roterodami Apologia respondens ad ea quae Iambus Lopis Stunica taxavrat in prima duntaxat Novi Testamenti aeditione. Edited by Henk Jan de Jonge. Pp.292, Amsterdam, North‐Holland Publishing Company, 1983, 280 guilders. The Christian Polity of John Calvin. By Harro Höpfl. Pp.x, 303, Cambridge University Press, 1982, £27.50. Concerning the Eternal Predestination of God. By John Calvin, translated with an Introduction by J.K.S. Reid. Pp.191, Cambridge, James Clarke & Co., 1982, £5.95. Spanish Protestants and Reformers in the Sixteenth Century: A Bibliography. By A. Gordon Kinder. Pp.108, London, Grant & Cutler, 1983, £6.80. Moderate Puritans and the Elizabethan Church. By Peter Lake. Pp.viii, 357, Cambridge University Press, 1982, £27.50. Resistance and Compromise: The Political Thought of Elizabethan Catholics. By Peter Holmes. Pp.viii, 279, Cambridge University Press, 1982, £22.50. Dutch Puritanism: A History of English and Scottish Churches of the Netherlands in the Sixteenth and Seventeenth Centuries. By Keith L. Sprunger. Pp.xiii, 485, Leiden, E.J. Brill, 1982, 172 guilders. John Toland and the Deist Controversy. By Robert E. Sullivan. Pp.viii, 355, Cambridge, Harvard University Press, 1982, £19.95. Radical Sects of Revolutionary New England. By Stephen A. Marini. Pp. 213, Cambridge, Harvard University Press, 1982, £11.55. Religion and Society in North America: An Annotated Bibliography. Edited by Robert deV: Brunkow. Pp.xi, 515, Santa Barbara, ABC‐Clio; Oxford, EBC‐Clio, 1983, £57.75. Charles Lowder and the Ritualist Movement. By Lida Ellsworth. Pp.vi, 234, London, Darton, Longman & Todd, 1982, £17.95. How the Pope became Infallible: Pius IX and the Politics of Persuasion. By August Bernhard Hasler. Pp.xi, 383, New York, Doubleday, 1981, $14.95; London, Sheldon Pres, 1982, £15.00. Hauptsache der Papst ist katholisch. Edited by Bruno Nies. Pp.104, Salzburg, Otto Müller, 1982, öS 140. Religious Change in Contemporary Poland: Secularization and Politics. By Maciej Pomian‐Srednicki. Pp.227, London, Routledge & Kegan Paul, 1982, £12.50. World Christian Encyclopedia: A Comparative Survey of Churches and Religions in the Modern World. Edited by David B. Barrett. Pp.1010, Nairobi, Oxford University Press, 1982, £55.00. Probability and Evidence. By Paul Horwich. Pp.vii, 146, Cambridge University Press, 1982, £15.00. Philosophical Foundations of Probability Theory. By Roy Weatherford. Pp.xi, 282, London, Routledge and Kegan Paul, 1982, £15.00. The Origins of Greek Thought. By Jean‐Pierre Vernant. Pp.144, London, Methuen, 1982, £9.95. Portraying Analogy. By J.F. Ross. Pp.xi, 244, Cambridge University Press, 1981, £20.00. The Marriage of East and West. By Bede Griffiths. Pp.224, London, Collins, 1982, £5.95. The Religious Experience: A Socio‐Psychological Perspective. By C.D. Batson & W.L. Ventis Pp.ix, 356, New York, Oxford University Press, 1982, £18.50,£9.95. (shrink)

This article considers the claim that gender diverse minors and their families should not be able to consent to hormonal treatment for gender dysphoria. The claim refers particularly to hormonal treatment with so-called ‘blockers’, analogues that suspend temporarily pubertal development. We discuss particularly four reasons why consent may be deemed invalid in these cases: the decision is too complex; the decision-makers are too emotionally involved; the decision-makers are on a ‘conveyor belt’; the possibility of detransitioning. We examine each of these (...) reasons and we show that none of these stand up to scrutiny, and that some are based on a misunderstanding of the nature and purposes of this stage of treatment and of the circumstances in which it is usually prescribed. Moreover, accepting these claims at face value could have serious negative implications, not just for gender diverse youth, but for many other minors and families and in a much broader range of healthcare settings. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In this article we provide an in-depth description of a new model of informed consent called ‘meta consent’ and consider its practical implementation. We explore justifications for preferring meta consent over alternative models of consent as a solution to the problem of secondary use of health data for research. We finally argue that meta consent strikes an appropriate balance between enabling valuable research and protecting the individual.

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed (...) an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)