Medical ethics in the Indian context is closely related to indigenous classical and folk traditions. This article traces the history of Indian conceptions of ethics and medicine, with an emphasis on the Hindu tradition. Classical Ayurvedic texts including Carakasamhita and Susrutasamhita provide foundational assumptions about the body, the self, and gunas, which provide the underpinnings for the ethical system. Karma, the notion that every action has consequences, provides a foundation for medical morality. Conception, prolongation of one's blood-line is an important (...) ethical aim of life. Thus a wide range of practices to further conception are acceptable. Abortion is a more complex matter ethically. At the end of life death is viewed in the context of passage to another life. Death is a relief from suffering to be coped with by the thought of an eternal atman or rebirth. Keywords: India, Hindu, karma, conception, death CiteULike Connotea Del.icio.us What's this? (shrink)

Modern Indian nationalist thought has dealt with political ideas such as freedom, equality, liberty, democracy, so on and so forth. The idea of freedom received enough attention on the part of most of the modern Indian political thinkers. However, the idea of freedom as envisaged by the nationalist thinkers did not receive positive response from the other stream of modern Indian thought. Dalit-Bahujan political thinkers questioned the narration of freedom as propagated by the nationalist thinkers. Nationalist thinkers aspired for universal (...) values and at the same time reaffirmed ancient religious principles. Such effort was questioned and doubted by the other thinkers of modern India. Thus, one can find different narrations of freedom, such as social, economic and political. The social categories such as caste, class and gender became bases for their narration on the idea of freedom. The ideas and arguments of B. G. Tilak, M. K. Gandhi, Pandita Ramabai, Jyotiba Phule, B. R. Ambedkar E. M. S. Namboodripad and others would help in larger understanding of the idea of freedom. (shrink)

The Lingayat movement led by Basava, Allama, Mahadevi and many others in Karnataka in the twelfth century stands as one of the important movements that challenged, protested and, to a major extent,...

BackgroundIn the Canadian Alliance for Healthy Hearts and Minds (CAHHM) cohort, participants underwent magnetic resonance imaging (MRI) of the brain, heart, and abdomen, that generated incidental findings (IFs). The approach to managing these unexpected results remain a complex issue. Our objectives were to describe the CAHHM policy for the management of IFs, to understand the impact of disclosing IFs to healthy research participants, and to reflect on the ethical obligations of researchers in future MRI studies.MethodsBetween 2013 and 2019, 8252 participants (...) (mean age 58 ± 9 years, 54% women) were recruited with a follow-up questionnaire administered to 909 participants (40% response rate) at 1-year. The CAHHM policy followed a restricted approach, whereby routine feedback on IFs was not provided. Only IFs of severe structural abnormalities were reported.ResultsSevere structural abnormalities occurred in 8.3% (95% confidence interval 7.7–8.9%) of participants, with the highest proportions found in the brain (4.2%) and abdomen (3.1%). The majority of participants (97%) informed of an IF reported no change in quality of life, with 3% of participants reporting that the knowledge of an IF negatively impacted their quality of life. Furthermore, 50% reported increased stress in learning about an IF, and in 95%, the discovery of an IF did not adversely impact his/her life insurance policy. Most participants (90%) would enrol in the study again and perceived the MRI scan to be beneficial, regardless of whether they were informed of IFs. While the implications of a restricted approach to IF management was perceived to be mostly positive, a degree of diagnostic misconception was present amongst participants, indicating the importance of a more thorough consent process to support participant autonomy.ConclusionThe management of IFs from research MRI scans remain a challenging issue, as participants may experience stress and a reduced quality of life when IFs are disclosed. The restricted approach to IF management in CAHHM demonstrated a fair fulfillment of the overarching ethical principles of respect for autonomy, concern for wellbeing, and justice. The approach outlined in the CAHHM policy may serve as a framework for future research studies.Clinical trial registrationhttps://clinicaltrials.gov/ct2/show/nct02220582. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

A critical survey of various positions on the nature, use, possession, and analysis of normative concepts. We frame our treatment around G.E. Moore’s Open Question Argument, and the ways metaethicists have responded by departing from a Classical Theory of concepts. In addition to the Classical Theory, we discuss synthetic naturalism, noncognitivism (expressivist and inferentialist), prototype theory, network theory, and empirical linguistic approaches. Although written for a general philosophical audience, we attempt to provide a new perspective and highlight some underappreciated problems (...) about normative concepts. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

Context: The use of first-person micro-phenomenological interviews and their productive interaction with third-person physiological data is a challenging and pressing issue in order to offer an effective and fruitful application of Varela’s neurophenomenological hypothesis. Problem: We aim at offering a generative method of analysis of first-person micro-phenomenological interviews using third-person physiological data. Our challenge is to describe this generative first-person analysis with the third-person physiological framework rather than put Varela’s hypothesis into practice in a generative way (as we did in (...) another paper. Method: The present contribution is a first pioneering study as far as the exposition of such an interactive generative methodology is concerned. It is also a new issue insofar as it deals with a case study, surprise in depression, that has not been thoroughly dealt with so far, either in philosophy or in psychopathology. Results: We show that the analysis of first-person data is an intrinsic generative one, insofar as new refined categories and multifarious circular micro- and macro-processes were discovered in the very process of analyzing. They provide the initial structural generic third-person description of surprise inherited both from philosophical phenomenological a priori categories and from the experimental startle setting with a refined micro-segmentation of the dynamic of the experience. Implications: Our article could be of interest to neurophenomenologists looking for an effective application and to researchers in quest of a method of analysis of first-person data. The present limitations are due to the still preliminary data-results we need to complete. Constructivist content: The article is directly linked to Varela’s neurophenomenological program and aims at extending and reforming it with a cardio-phenomenological approach. Keywords: First-person micro-phenomenological interviews, surprise, generative analysis of first-person data, depression, cardio-phenomenology, generative categories. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

Book reviewed in this article: Life Before Birth: The Moral and Legal Status of Embryos and Fetuses. By Bonnie Steinbock.

Background : researchers and sponsors increasingly confront the issue of whether participants in a clinical trial should have post-trial access (PTA) to the trial drug. Legislation and guidelines are inconsistent, ambiguous or silent about many aspects of PTA. Recent research highlights the potential importance of systematic reviews (SRs) of reason-based literatures in informing decision-making in medicine, medical research and health policy. Purpose: to systematically review reasons why drug trial participants should, or need not be ensured PTA to the trial drug (...) and the uses of such reasons. Data sources: databases in science/medicine, law and ethics, thesis databases, bibliographies, research ethics books and included publications’ notes/bibliographies. Publication selection: a publication was included if it included a reason as above. See article for detailed inclusion conditions. Data extraction and analysis: two reviewers extracted and analyzed data on publications and reasons. Results: of 2060 publications identified, 75 were included. These mentioned reasons based on morality, legality, interests/incentives, or practicality, comprising 36 broad (235 narrow) types of reason. None of the included publications, which included informal reviews and reports by official bodies, mentioned more than 22 broad (59 narrow) types. For many reasons, publications differed about the reason’s interpretation, implications and/or persuasiveness. Publications differed also regarding costs, feasibility and legality of PTA. Limitations: reason types could be applied differently. The quality of reasons was not measured. Conclusion: this review captured a greater variety of reasons and of their uses than any included publication. Decisions based on informal reviews or sub-sets of literature are likely to be biased. Research is needed on PTA ethics, costs, feasibility and legality and on assessing the quality of reason-based literature. (shrink)

Tres filósofos catalanes: Joaquín Xirau. Eduardo Nicol. José Ferrater Mora.--La herencia de Ortega y Gasset: José Gaos. Luis Recaséns Siches. Manuel Granell. Francisco Ayala. María Zambrano.--Dos filósofos independientes: Juan D. García Bacca. Eugenio Imaz.--Panorama general de la filosofía española en América.

ABSTRACT:We combine prior research on ethical decision-making in organizations with a rational choice theory of corporate crime from criminology to develop a model of corporate offending that is tested with a sample of U.S. managers. Despite demands for increased sanctioning of corporate offenders, we find that the threat of legal action does not directly affect the likelihood of misconduct. Managers’ evaluations of the ethics of the act, measured using a multidimensional ethics scale, have a significant effect, as do outcome expectancies (...) that result from being associated with the misconduct but not facing formal sanctions. The threat of formal sanctions appears to operate indirectly, influencing ethical evaluations and outcome expectancies. Obedience to authority also affects illegal intentions, with managers reporting higher prospective offending when they are ordered to engage in misconduct by a supervisor. (shrink)

Con motivo del bicentenario del nacimiento de Darwin, esta obra realiza un recorrido por la Teoría de la Evolución a partir del patrimonio bibliográfico y científico de la Universidad de Sevilla. Sus autores muestran la vigencia actual de esta teoría y el papel de Antonio Machado y Núñez, destacado darwinista de la Sevilla de finales del XIX.

In Morality and Socially Constructed Norms, Valentini searches for a unifying principle that underlies whatever genuine obligations we might have to obey the norms of any and all social practices, ranging from line queueing norms, through offsides rules in soccer, to obligations not to break the law. I argue that this search is driven, and distorted, by a commitment to what Bernard Williams labeled the ‘morality system’. Once we see this, we should question the value of the unifying project. Most (...) social norms can be considered on their own terms, as part of a rich and variegated ethical life, without subsuming them under the question of whether others’ moral rights are at stake. Similarly, political obligation needs to be understood in relation to the practical activity of politics, not as an abstract moral quandary. (shrink)

The paper explores the manners in which suffering, both natural and moral suffering, is understood and defeated in the lives of different ‘knights of faith,’ who emerge in ‘conversation’ with the book of Job. I begin with Maimonides’ Job who emerges as a ‘knight of wisdom’; it is through wisdom that his suffering is defeated, dissolving into mere pain. I proceed with Kierkegaard’s Job, who emerges as a ‘knight of loving trust,’ who defeats suffering by seeing it as a divine (...) gift, and by obediently and lovingly accepting it as such. Through his loving trust, suffering transforms into blessedness and joy, without diminishing or disappearing, a transformation referred to as a ‘miracle’ by Kierkegaard. I end with my own Hasidic-inspired Job, whom I portray as a ‘knight of protest,’ who defeats what he takes to be divine abuse by protesting against it, forgiving God while refusing to be reconciled with Him. I argue that it is by paying attention to these diverse Jobs that the complex nature of faith can be elucidated. Moreover, I argue that all three Jobs, despite their differences, may be embraced, both from a philosophically descriptive perspective as well as from a religiously committed one. (shrink)

Bu çalışmada Gilles Deleuze’ün Felix Guattari’yle iş birliğinden önce kaleme aldığı eserlere damgasını vuran Nietzsche okumasının anahtar kavramlarına odaklanılmakta ve Deleuze’ün Nietzsche alımlaması ile kendi fark felsefesi arasındaki ilişki açığa çıkartılmaktadır. Deleuze’ün okumasında öne çıkan temalar: Platonculuğun ters yüz edilmesi ve anti-felsefeye çağrı; nihilizmin aşamaları ve ahlaki değerlerin soybilimsel çözümlemesi; güç-istenci ve bedenin bir kuvvetler çokluğu olarak yeniden kavranması ve eleyici bir ilke olan ebedi dönüşün ‘kendinde fark’ı olumlaması şeklinde sıralanabilir. Bu konuların kesiştiği nokta Nietzsche’nin rasyonalizm karşıtlığıdır. Nietzsche, erken dönem (...) metinlerinden Tragedyanın Doğuşu ’nda, ‘Platonik İdea’nın ölü hakikatinin karşısına, kendini daima şeylerin oluşu vasıtasıyla yani görünüşün görünüşünde duyumsanabilir kılan varoluşun ‘ilksel birliğini’ koyar. Deleuze’e göre Nietzsche’nin felsefesi, yaşamın olumlanmasına yönelik anti-Platoncu bir başkaldırı niteliği taşır; çünkü o, “güç-istenci” ve “ebedi-dönüş” kavramları aracılığıyla görünüş dünyasına içkin dinamik ve yaşamsal ilkeleri, geleneksel felsefenin özne, özdeşlik ve temsil gibi kurgularına karşı savunur. Bu açıdan Deleuze, Nietzsche’nin güç istenci düşüncesini, bedeni ve dünyayı kuvvetlerin karşılıklı ilişkileri bağlamında yeniden yorumlamamıza olanak veren bir yaklaşım olarak değerlendirir. Ebedi dönüş öğretisi ise, bir yandan varoluşa içkin yazgıyı olumlayan, diğer yandan nihilist değerleri eleyen kozmolojik dönüşün şiirsel bir yorumudur. (shrink)

v. 1. Metodología e introducción histórica.--v. 2. La Edad de Oro.--v. 3. Del Barroco a la ilustración (Siglos XVII y XVIII).--v. 4. Liberalismo y romanticismo.--v. 5. La crisis contemporánea (3 v.).

At present, no organization does not develop without the continuous improvement of various aspects of its activity: the provision of new services or products, the use of innovative technologies and modern methods of organization and personnel management. Innovations - it is a necessary element of development: without them it is impossible to remain libraries socially relevant organizations, to provide competitive services, to strengthen its position in the marketplace. This article deals with the classification analysis of library innovations, types and their (...) characteristic properties. (shrink)

Zakat is a monetary form of religious worship that establishes a bridge between a rich and a poor, helps those who are in need and contributes to peace and tranquillity within a society. When zakat is collected properly under a government control and transmitted to those who deserve, it helped to decrease the gap between the poor and the rich, supported activities of social solidarity and revived the economy as well. Malaysia after its independence in 1957 has developed an interest (...) in Islamic practices by drawing attention to a distinctive practice with the public zakat system. Even though a national- central system of zakat could not be established due to the federal structure of the country, the collection and distribution of zakat has been centralized on a state level. Parts of the practice are being criticized, reviewed and new regulations are introduced. Unlike Malaysia, the zakat practice in Turkey is out of state control, thus it hinders zakat from achieving its real purpose. There is a need to make use of the well-functioning zakat systems around the world and establish a public zakat system in our country so that we can make the most of the benefits that zakat has for individuals and societies. This article aims to be a step in that direction. -/- SUMMARY Zakat is one of the main forms of worship and is at the same time one of the main sources for the state budget in Islam. It aims at making sure that the rich –those with higher wealth and income– protects the poor and the powerless and through this it contributes to the peace in the society. In the Islamic creed wealth in reality belongs to Allah; therefore, those who live an affluent life should not attribute their wealth to themselves alone and help those who, for whatever reason, are unable to meet their needs. Because there is a social dimension to this form of worship, it is the duty of the head of state to collect the zakat and distribute it to the right people. Historically this duty has taken different forms and today, many Muslim countries sustain this collection and redistribution under state supervision. Malaysia is a country where zakat is collected and distributed officially at the state level. In each state, there is an Islamic council responsible for taking care of activities related to Islam and is semi-independent from the government that organizes the zakat process. Some of these do the collection and distribution together, some do it separately. In some states, the process has been totally privatized. Constitutionally, each state is dependent on its own sultan in religious affairs, thus each has its own mufti and partially different zakat practices and eac collect and distributes its zakat within that state. Because religious affairs have been codified as the privilege of the sultans of each state in the constitution during Malaysia’s foundation, there is no attempt at centralizing religious affairs and a centralization of zakat practices; the establishment of an institution to achieve this is not possible. Moreover, the secular character of the federation does not seem yet compatible with making zakat obligatory. However, due to the dominant Shafi‘i tradition and the convention in the country, people see it as imperative to hand over the charity and tithe to state institutions. Furthermore, there are local fatwas – which are considered as legal regulations in Malaysia – that require people with an income over a certain amount to pay zakat. Those who have the most are expected to give it voluntarily. In the 19th century, when wealth sources such as palm oil, cacao, rubber, tin were discovered, Malaysian officials were not able to extend the tithe to these; however, in the last twenty-five years, based on fatwas that income should be taxable under zakat has led to a boom in zakat. In all states, the largest portion of zakat is collected through income, usually automatically deducted from payroll. An influential factor in this outcome is that individually paid zakat can be deducted from income tax. From 2005 on, there have been other regulations to make it possible for legal personalities to deduct zakat from taxes. To increase zakat payment, especially publications have been produced to inform and encourage people, and modern opportunities to make payment easy have been developed. The most often used method is direct deduction from payroll. The second most common method is payment through zakat machines in different parts of the city by cash, check, Islamic credit card and, debit card. In addition to these, online, internet banking, telephone banking, ATM machines, post offices, kiosk machines, sms-zakat options are all available. The distribution of zakat differs from year to year and state to state. In general, there is an observable effort to pay all groups from zakat, but because there are no slaves in some states no payment is done under this category. There are both direct transfers and indirect transfers, such as through the construction of houses for poor people. There have been cases where poor people who had projects were supported with funds and those later returned in zakat. There is support for students in terms of scholarships through fuqarā’, fī sabīl allāh and ibn al-sabīl classes. For the muallafa al-qulūb class, there is a foundation to encourage local people to convert to Islam and help them for food, shelter, clothes and education. For Muslims who suffer as minorities in other countries help is provided through the riqāb, muallafa al-qulūb, fī sabīl allāh and ibn al-sabīl classes. In the ghārimīn class, especially victims of natural disasters such as flood and earthquake are supported. For those who have a right to receive zakat be able to receive it, the state has to side with the powerless and help zakat fulfill its social and individual functions. The way zakat is spent requires state policy and will. For this reason, zakat should be institutionalized and all activities should be organized by a single institution with state power behind it. Determining the recipients and the zakat-payers, and using the funds efficiently is easier with the coordination of state institutions. Extensive zakat councils that include state institutions should consider the ijtihāds in the area of zakat anew and make decisions to create a just and consistent zakat system. For these decisions to be applicable, the question of what kind of a system could be founded in our country should be on the agenda in these councils. Once an institution – official or autonomous but with state power behind it- is created, solutions can be found as they arise in the way. (shrink)