t. 1. Problemy obshcheĭ teorii prava -- t. 2. Garantii prav lichnosti v ugolovnom sudoproizvodstve -- t. 3. Teorii︠a︡ sudebnykh dokazatelʹstv.

The debate over financial incentives and market models for organ procurement represents a key trend in recent bioethics. In this paper, we wish to reassess one of its central premises—the idea of organ shortage. While the problem is often presented as an objective statistical fact that can be taken for granted, we will take a closer look at the underlying framework expressed in the common rhetoric of “scarcity”, “shortage” or “unfulfilled demand”. On the basis of theoretical considerations as well as (...) a socioempirical examination of public attitudes, we will argue that this rhetoric has an economic subtext that imbues the debate with normative premises that have far-reaching social and ethical consequences and need to be made explicit and discussed. (shrink)

During the past few years considerable debate has arisen within academic journals with respect to the use of smart drugs or cognitive enhancement pharmaceuticals. The following paper seeks to examine the foundations of this cognitive enhancement debate using the example of methylphenidate use among college students. The argument taken is that much of the enhancement debate rests upon inflated assumptions about the ability of such drugs to enhance and over-estimations of either the size of the current market for such drugs (...) or the rise in popularity as drugs for enhancing cognitive abilities. This article provides an overview of the empirical evidence that methylphenidate has the ability to significantly improve cognitive abilities in healthy individuals, and examines whether the presumed uptake of the drug is either as socially significant as implied or growing to the extent that it requires urgent regulatory attention. In addition, it reviews the evidence of side-effects for the use of methylphenidate which may be an influential factor in whether an individual decides to use such drugs. The primary conclusions are that neither drug efficacy, nor the benefit-to-risk balance, nor indicators of current or growing demand provide sufficient evidence that methylphenidate is a suitable example of a cognitive enhancer with mass appeal. In light of these empirically based conclusions, the article discusses why methylphenidate might have become seen as a smart drug or cognitive enhancer. (shrink)

Robots are now associated with various aspects of our lives. These sophisticated machines have been increasingly used in different manufacturing industries and services sectors for decades. During this time, they have been a factor in causing significant harm to humans, prompting questions of liability. Industrial robots are presently regarded as products for liability purposes. In contrast, some commentators have proposed that robots be granted legal personality, with an overarching aim of exonerating the respective creators and users of these artefacts from (...) liability. This article is concerned mainly with industrial robots that exercise some degree of self-control as programmed, though the creation of fully autonomous robots is still a long way off. The proponents of the robot’s personality compare these machines generally with corporations, and sporadically with, inter alia, animals, and idols, in substantiating their arguments. This article discusses the attributes of legal personhood and the justifications for the separate personality of corporations and idols. It then demonstrates the reasons for refusal of an animal’s personality. It concludes that robots are ineligible to be persons, based on the requirements of personhood. (shrink)

As support for clinical ethics committees in the UK grows, care must be taken to define their function, membership and method of working and the status of their decisions.The modern practice of medicine raises a plethora of complex issues—medical, ethical and legal. Doctors and other healthcare professionals increasingly must try to resolve these and may sometimes have to do so in the face of contrary opinion expressed by patients and/or their surrogates. While clearly qualified in the medical arena, and although (...) there is now more ethics teaching in the medical curriculum, healthcare professionals are seldom qualified to adjudicate on ethical or legal matters, or even, perhaps, to recognise them when they arise. Yet, as Doyal says, “clinical life must go on and moral and legal indeterminacy within medicine cries out for practical resolution.”1 Meanwhile, the expectations of patients and their families—and, indeed, of wider society—are that decisions about patient care, resources and therapeutic regimes should be soundly based on appropriate ethicolegal, as well as scientific, principle.Recognition of these additional burdens on healthcare professionals has generated some interest in the provision of ethics consultation. In the USA this has been undertaken by a variety of tribunals and individuals. Hospital ethics committees and ethics consultants feature in many US hospitals and perform a variety of roles. In Europe, a number of countries have also established clinical ethics committees and they are becoming more common in the UK—primarily in England and Wales for the moment. Whereas, however, “[i]n North America, CECs have … become an integral part of the organisational infrastructure of hospitals ...”,1 in the United Kingdom they remain essentially ad hoc bodies, generated for a variety of reasons and with different goals, structures, membership, methods of working and functions. The initial impetus for the …. (shrink)

IntroductionThe objectives of this study are to assess and compare differences in the intensity, frequency, and overall severity of moral distress among a diverse group of healthcare professionals.MethodsParticipants from within Baylor Health Care System completed an online seven-point Likert scale (range, 0 to 6) moral distress survey containing nine core clinical scenarios and additional scenarios specific to each participant’s discipline. Higher scores reflected greater intensity and/or frequency of moral distress.ResultsMore than 2,700 healthcare professionals responded to the survey (response rate 18.14 (...) percent); survey respondents represented multiple healthcare disciplines across a variety of settings in a single healthcare system. Intensity of moral distress was high in all disciplines, although the causes of highest intensity varied by discipline. Mean moral distress intensity for the nine core scenarios was higher among physicians than nurses, but the mean moral distress frequency was higher among nurses. Taking into account both intensity and frequency, the difference in mean moral distress score was statistically significant among the various disciplines. Using post hoc analysis, differences were greatest between nurses and therapists.ConclusionsMoral distress has previously been described as a phenomenon predominantly among nursing professionals. This first-of-its-kind multidisciplinary study of moral distress suggests the phenomenon is significant across multiple professional healthcare disciplines. Healthcare professionals should be sensitive to situations that create moral distress for colleagues from other disciplines. Policy makers and administrators should explore options to lessen moral distress and professional burnout that frequently accompanies it. (shrink)

This volume is a newly revised and updated edition of _Evolution and Consciousness_ (Brill, 2019) and provides a comprehensive and accessible introduction to the emerging concept of the evolution of consciousness. It presents an overarching model that moves us to a new level of meaning and understanding of our place in the world.

The article argues that Kant’s argument for ownership entails a standard of meaningful use by which property regimes can be evaluated: a regime must make it possible for usable objects to be meaningfully used. A particular form of fully communal ownership can satisfy this standard. Further, this form of communal ownership is compatible with Kantian freedom more broadly. I conclude that, if this is so, there is a great deal of space for further consideration of the rightfulness of diverse regimes (...) of ownership and exchange within a Kantian framework. (shrink)

Developing an intellectualist account of skill, Stanley and Williamson define skill as a kind of disposition to action-guiding knowledge. The present paper challenges their definition of skill. While we don’t dispute that skill may consist of a cognitive, a dispositional, and an action-guiding component, we argue that Stanley and Williamson’s account of each component is problematic. In the first section, we argue, against Stanley and Williamson, that the cognitive component of skill is not a case of propositional knowledge-wh, which is (...) typically indexical. In the second section, we seek to show that Stanley and Williamson face difficulties in arguing for a generic claim about skill as a kind of disposition, and they fail to defend intellectualism about skill based on the dispositional account. In the third section we argue that Stanley and Williamson need a more detailed account of the action-guiding aspect of skill to avoid several difficulties, including a threat of a regress. We close with some lessons for the debate over intellectualism and anti-intellectualism about skill. (shrink)

While there are many points of opposition between the political philosophies of Marx and Kant, the two can greatly benefit from one another in various ways. Bringing the ideas of Marx and Kant together offers a promising way forward for each view. Most significantly, a powerful critique of capitalism can be developed from their combined thought: Kant’s political philosophy offers a robust idea of freedom to ground this critique, while Marx provides the nuanced understanding of social and political power structures (...) under capitalism that allows this idea of freedom to be properly applied. (shrink)

Developing an intellectualist account of skill, Stanley and Williamson define skill as a kind of disposition to action-guiding knowledge. The present paper challenges their definition of skill. While we don’t dispute that skill may consist of a cognitive, a dispositional, and an action-guiding component, we argue that Stanley and Williamson’s account of each component is problematic. In the first section, we argue, against Stanley and Williamson, that the cognitive component of skill is not a case of propositional knowledge-wh, which is (...) typically indexical. In the second section, we seek to show that Stanley and Williamson face difficulties in arguing for a generic claim about skill as a kind of disposition, and they fail to defend intellectualism about skill based on the dispositional account. In the third section we argue that Stanley and Williamson need a more detailed account of the action-guiding aspect of skill to avoid several difficulties, including a threat of a regress. We close with some lessons for the debate over intellectualism and anti-intellectualism about skill. (shrink)

[full article, abstract in English; abstract in Lithuanian] Armstrong’s theory of laws and causation may be articulated as something like the following, which we may refer to as the received view: “Laws are intrinsic higher-order relations of ensuring between properties. The instantiation of laws is identical with singular causation. This identity is a posteriori.” Opponents and advocates of this view, believe that it may fairly and correctly be attributed to Armstrong. I do not deny it; instead I seek to reconsider (...) the received view, specifically by treating it as a part of Armstrong’s metaphysics. The main features that should concern us are truthmaker theory and the formal account of the constitutive parts of states of affairs. I also discuss Bird’s ultimate argument against Armstrong and show how its impact is weakened by this proper reading. (shrink)

This book discusses how rational choice theory grew out of RAND's work for the US Air Force. It concentrates on the work of William J. Riker, Kenneth J. Arrow, James M. Buchanan, Russel Hardin, and John Rawls. It argues that within the context of the US Cold War with its intensive anti-communist and anti-collectivist sentiment, the foundations of capitalist democracy were grounded in the hyper individualist theory of non-cooperative games.

The Greek original of Galen's is lost, nor has a copy of the complete translation into Arabic, made by Hunayn b. Ishāq in the first half of the ninth century, come down to us, though some passages of it are quoted by various Arab authors. A summary of the translation, however, was discovered by P. Kraus in a miscellaneous manuscript in Cairo and published by him in the Bulletin of the Faculty of Arts of the University of Egypt, vol. v/i.

The attitudes of women patients with cancer were explored when they were invited to participate in one of three randomised trials that included chemotherapy at two university centres and a satellite centre. Fourteen patients participating in and 15 patients declining trials were interviewed. Analysis was based on the constant comparative method. Most patients voiced positive attitudes towards clinical research, believing that trials are necessary for further medical development, and most spontaneously argued that participation is a moral obligation. Most trial decliners, (...) however, described a radical change in focus as they faced the actual personal choice. Almost no one got an impression of clinical equipoise between treatments in the trials, and most patients expressed discomfort with randomisation. A patient’s choice to participate was mainly determined by whether the primary focus was on treatment effect or on adverse effects. Both knowledge about and feelings towards trials originated mostly from the media, although paradoxically the media were largely seen as untrustworthy. Mistrust was shown towards the pharmaceutical industry, and although most patients originally trusted that doctors primarily pursued the interest of patients, they did not trust the adequacy of doctors or industry in maintaining self-regulation. Thus, public control measures were judged to be essential. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

The Greek original of Galen's is lost, nor has a copy of the complete translation into Arabic, made by Hunayn b. Ishāq in the first half of the ninth century, come down to us, though some passages of it are quoted by various Arab authors. A summary of the translation, however, was discovered by P. Kraus in a miscellaneous manuscript in Cairo and published by him in the Bulletin of the Faculty of Arts of the University of Egypt, vol. v/i.