With legal animal rights on the horizon, there is a need for a more systematic theorisation of animal rights as legal rights. This article addresses conceptual, doctrinal and normative issues relating to the nature and foundations of legal animal rights by examining three key questions: can, do and should animals have legal rights? It will show that animals are conceptually possible candidates for rights ascriptions. Moreover, certain ‘animal welfare rights’ could arguably be extracted from existing animal welfare laws, even though (...) these are currently imperfect and weak legal rights at best. Finally, this article introduces the new conceptual vocabulary of simple and fundamental animal rights, in order to distinguish the weak legal rights that animals may be said to have as a matter of positive law from the kind of strong legal rights that animals ought to have as a matter of future law. (shrink)
New fetal therapies offer important prospects for improving health. However, having to consider both the fetus and the pregnant woman makes the risk–benefit analysis of fetal therapy trials challenging. Regulatory guidance is limited, and proposed ethical frameworks are overly restrictive or permissive. We propose a new ethical framework for fetal therapy research. First, we argue that considering only biomedical benefits fails to capture all relevant interests. Thus, we endorse expanding the considered benefits to include evidence-based psychosocial effects of fetal therapies. (...) Second, we reject the commonly proposed categorical risk and/or benefit thresholds for assessing fetal therapy research. Instead, we propose that the individual risks for the pregnant woman and the fetus should be justified by the benefits for them and the study’s social value. Studies that meet this overall proportionality criterion but have mildly unfavorable risk–benefit ratios for pregnant women and/or fetuses may be acceptable. (shrink)
There is a remedy available for many of our ailments: Psychopharmacology promises to alleviate unsatisfying memory, bad moods, and low self-esteem. Bioethicists have long discussed the ethical implications of enhancement interventions. However, they have not considered relevant evidence from psychology and economics. The growth in autonomy in many areas of life is publicized as progress for the individual. However, the broadening of areas at one’s disposal together with the increasing individualization of value systems leads to situations in which the range (...) of options asks too much of the individual. I scrutinize whether increased self-determination and unbound possibilities are really in a person’s best interests. Evidence from psychology and economics challenges the assumption that unlimited autonomy is best in all cases. The responsibility for autonomous self-formation that comes with possibilities provided by neuro-enhancement developments can be a burden. To guarantee quality of life I suggest a balance of beneficence, support, and respect for autonomy. (shrink)
Sassen is Interested in what she terms “conceptually subterranean trends” that are for the most part invisible to current analytical methods but visible, or in her words, “legible,” to other, newer sorts of analytical tools that she herself is developing. She thus emphasizes suspension of accepted methods and development of certain “analytic tactics” that function, as she puts it, “before method.” What this means more specifically is that she is not so much analyzing the structures of existing institutions but instead (...) pursuing a more functional approach, that is, seeking to determine how they are assembled, dis-assembled, and re-assembled. Her focus is thus on the making of non-material conditions, that is, their .. (shrink)
In this paper, we first classify different types of second opinions and evaluate the ethical and epistemological implications of providing those in a clinical context. Second, we discuss the issue of how artificial intelligent could replace the human cognitive labour of providing such second opinion and find that several AI reach the levels of accuracy and efficiency needed to clarify their use an urgent ethical issue. Third, we outline the normative conditions of how AI may be used as second opinion (...) in clinical processes, weighing the benefits of its efficiency against concerns of responsibility attribution. Fourth, we provide a ‘rule of disagreement’ that fulfils these conditions while retaining some of the benefits of expanding the use of AI-based decision support systems in clinical contexts. This is because the rule of disagreement proposes to use AI as much as possible, but retain the ability to use human second opinions to resolve disagreements between AI and physician-in-charge. Fifth, we discuss some counterarguments. (shrink)
Addiction appears to be a deeply moralized concept. To understand the entwinement of addiction and morality, we briefly discuss the disease model and its alternatives in order to address the following questions: Is the disease model the only path towards a ‘de-moralized’ discourse of addiction? While it is tempting to think that medical language surrounding addiction provides liberation from the moralized language, evidence suggests that this is not necessarily the case. On the other hand non-disease models of addiction may seem (...) to resuscitate problematic forms of the moralization of addiction, including, invoking blame, shame, and the wholesale rejection of addicts as people who have deep character flaws, while ignoring the complex biological and social context of addiction. This is also not necessarily the case. We argue that a deficit in reasons responsiveness as basis for attribution of moral responsibility can be realized by multiple different causes, disease being one, but it also seems likely that alternative accounts of addiction as developed by Flanagan, Lewis, and Levy, may also involve mechanisms, psychological, social, and neurobiological that can diminish reasons responsiveness. It thus seems to us that nondisease models of addiction do not necessarily involve moralization. Hence, a non-stigmatizing approach to recovery can be realized in ways that are consistent with both the disease model and alternative models of addiction. (shrink)
While some seventeenth-century scholars promoted natural history as the basis of natural philosophy, they continued to debate how it should be written, about what and by whom. This look into the studios of two Amsterdam physicians, Jan Swammerdam and Steven Blankaart, explores natural history as a project in the making during the second half of the seventeenth century. Swammerdam and Blankaart approached natural history very differently, with different objectives, and relying on different traditions of handling specimens and organizing knowledge on (...) paper, especially with regard to the way that individual observations might be generalized. These traditions varied from collating individual dissections into histories, writing both general and particular histories of plants and animals, collecting medical observations and applying inductive reasoning. Swammerdam identified the essential changes that insects underwent during their life cycle, described four orders based on these ‘general characteristics’ and presented his findings in specific histories that exemplified the ‘general rule’ of each order. Blankaart looked to the collective observations of amateurs to support his reputation as a man of medicine, but this was not supposed to lead to any kind of generalization. Their work alerts us to the variety of observational practices that were available to them, and with what purposes they made these their own. (shrink)
This paper discusses different ways of formulating regulation that takes into account a responsibility towards future generations in environmental issues. A rights-based or human-rights based approach, based on notions of intergenerational equity, can be problematic on a conceptual level, and implementation of rights for future generations is challenging. An alternative approach is based on the assignment of duties to present generations rather than rights of future generations. This approach, which is often used in regulation concerning sustainability, uses goal regulation to (...) avoid conceptual problems with rights of future generations while it still provides the opportunity to safeguard their interests and needs. (shrink)
This brief essay examines emergent spaces for politics and emergent political actors. The particular concern here is with types of politics that do not run through the formal political system, one with shrinking options for a growing number of US citizens and immigrants. Informal political actors and street-level politics in cities are major instances of this. US cities have a long history of street-level politics. The contents, the purposes, the mobilizers and the enactors of these politics have changed over time. (...) Today’s global cities are a very specific type of place because they bring together both the most globalized sectors of capital and the new transnational professionals, on the one hand, and a growing number of immigrants and native minoritized groups in a single, complex space. (shrink)
The increased presence of medical AI in clinical use raises the ethical question which standard of explainability is required for an acceptable and responsible implementation of AI-based applications in medical contexts. In this paper, we elaborate on the emerging debate surrounding the standards of explainability for medical AI. For this, we first distinguish several goods explainability is usually considered to contribute to the use of AI in general, and medical AI in specific. Second, we propose to understand the value of (...) explainability relative to other available norms of explainable decision-making. Third, in pointing out that we usually accept heuristics and uses of bounded rationality for medical decision-making by physicians, we argue that the explainability of medical decisions should not be measured against an idealized diagnostic process, but according to practical considerations. We conclude, fourth, to resolve the issue of explainability-standards by relocating the issue to the AI’s certifiability and interpretability. (shrink)
Exponential-constructible functions are an extension of the class of constructible functions. This extension was formulated by Cluckers and Loeser in the context of semi-algebraic and sub-analytic structures, when they studied stability under integration. In this paper, we will present a natural refinement of their definition that allows for stability results to hold within the wider class of [Formula: see text]-minimal structures. One of the main technical improvements is that we remove the requirement of definable Skolem functions from the proofs. As (...) a result, we obtain stability in particular for all intermediate structures between the semi-algebraic and the sub-analytic languages. (shrink)
Philosophy with children (P4C) 1 presents significant positive challenges for educators. Its 'community of enquiry' pedagogy assumes not only an epistemological shift in the role of the educator, but also a different ontology of 'child' and balance of power between educator and learner. After a brief historical sketch and an outline of the diversity among P4C practitioners, epistemological uncertainty in teaching P4C is crystallised in a succinct overview of theoretical and practical tensions that are a direct result of the implementation (...) of P4C in mainstream education. These recurring pedagogical tensions in my practice as P4C teacher, teacher educator and mentor of teacher educators cause disequilibrium that opens up rich opportunities for philosophy of education in supporting novice P4Cers. Disequilibrium is a positive force that opens up a space in which educators need to reflect upon their values, their beliefs about learning and teaching, and ultimately encourages educators to rethink their own role. Plato's metaphor of the stingray highlights the role of the P4C teacher educator as model of the P4C teacher in any setting: 'to numb and to be numbed'. The P4C community and its institutions need to address the questions arising from these pedagogical tensions; and this needs to be done with integrity, that is, in communities of enquiry that include children. If not, in the long term, a more instrumental version of P4C may prevail. (shrink)
This is a Time when stabilized meanings have become unstable. No meaning is permanently stable. But there are periods when they can acquire a certain stability. The current global age that took off in the 1980s has unsettled many of the major social, economic, and political meanings of the preceding Keynesian era in the West. My concern is particularly with some of the major categories we use in the social sciences—economy, polity, society, justice, inequality, state, globalization, and immigration. These are (...) all powerful categories that explain much about the realities they represent. Yet those realities are mutants—today’s concept of the economy dominated by finance and high tech is quite different from that of .. (shrink)
The central argument developed in this essay is that today we are seeing a proliferation of normative orders where once state normativity ruled and the dominant logic was toward producing a unitary normative framing. One synthesizing image we might use to capture these dynamics is that of a movement from centripetal nation-state articulation to a centrifugal multiplication of specialized assemblages. This multiplication in turn can lead to a sort of simplification of normative structures insofar as: these assemblages are partial and (...) often highly specialized formations centered in particular utilities and purposes. The valence of these particular utilities and purposes can range from the search for justice to narrow self-interest . While this is still a minor process in the larger scale of our geopolity, it signals the beginning of a multi-sited, though partial, disruption of its existing formal architecture. This raises questions about the future of crucial frameworks through which modern societies, economies, and polities have operated: the social contract of liberal states, social democracy as we have come to understand it, modern citizenship, and the formal mechanisms that render certain claims legitimate and others illegitimate in liberal democracies. These frameworks have held together complex interdependencies between rights and obligations, power and the law, wealth and poverty, allegiance and exit.Keywords: assemblages; normative; globalization; denationalization; centripetal; centrifugal; utilities; logics; liberal state; claims. (shrink)
