This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...) from L&D, the primary focus of policy measures and their ethical implications will vary. Second, we distinguish between a distributive justice framework and a compensatory justice scheme for delivering L&D measures. Third, in order to understand the differentiated remedial responsibilities concerning L&D, we categorise the measures and policy approaches available. Fourth, depending on the kind of L&D and which remedies are possible, we explain the difference between remedial and outcome responsibilities of different actors. [Open access]. (shrink)

A question arising from the COVID-19 crisis is whether the merits of cases for climate policies have been affected. This article focuses on carbon pricing, in the form of either carbon taxes or emissions trading. It discusses the extent to which relative costs and benefits of introducing carbon pricing may have changed in the context of COVID-19, during both the crisis and the recovery period to follow. In several ways, the case for introducing a carbon price is stronger during the (...) COVID-19 crisis than under normal conditions. Oil costs are lower than normal, so we would expect less harm to consumers compared to normal conditions. Governments have immediate need for diversified new revenue streams in light of both decreased tax receipts and greater use of social safety nets. Finally, supply and demand shocks have led to already destabilized supply-side activities, and carbon pricing would allow this destabilization to equilibrate around greener production for the long-term. The strengthening of the case for introducing carbon pricing now is highly relevant to discussions about recovery measures, especially in the context of policy announcements from the European Union and United States House of Representatives. Key Policy Insights: • Persistently low oil prices mean that consumers will face lower pain from carbon pricing than under normal conditions. • Many consumers are more price-sensitive during the COVID-19 context, which suggests that a greater relative burden from carbon prices would fall upon producers as opposed to consumers than under normal conditions. • Carbon prices in the COVID-19 context can introduce new revenue streams, assisting with fiscal holes or with other green priorities. • Carbon pricing would contribute to a more sustainable COVID-19 recovery period, since many of the costs of revamping supply chains are already being felt while idled labor capacity can be incorporated into firms with lower carbon-intensity. (shrink)

Climate change and decarbonization raise complex justice questions that researchers and policymakers must address. The distributions of greenhouse gas emissions rights and mitigation efforts have dominated justice discourses within scenario research, an integrative element of the IPCC. However, the space of justice considerations is much larger. At present, there is no consistent approach to comprehensively incorporate and examine justice considerations. Here we propose a conceptual framework grounded in philosophical theory for this purpose. We apply this framework to climate mitigation scenarios (...) literature as proof of concept, enabling a more holistic and multidimensional investigation of justice. We identify areas of future research, including new metrics of service provisioning essential for human well-being. [Can be freely read by clicking the ReadCube link below.]. (shrink)

This introductory chapter summarises key findings of the twenty-two book chapters in terms of five propositions. These propositions, each building on relevant findings linked to forward-looking suggestions for research, policy and practice, reflect the architecture of the book, whose sections proceed from setting the stage to critical issues, followed by a section on methods and tools, to chapters that provide geographic perspectives, and finally to a section that identifies potential policy options. The propositions comprise (1) Risk management can be an (...) effective entry point for aligning perspectives and debates, if framed comprehensively, coupled with climate justice considerations and linked to established risk management and adaptation practice; (2) Attribution science is advancing rapidly and fundamental to informing actions to minimise, avert, and address losses and damages; (3) Climate change research, in addition to identifying physical/hard limits to adaptation, needs to more systematically examine soft limits to adaptation, for which we find some evidence across several geographies globally; (4) Climate risk insurance mechanisms can serve the prevention and cure aspects emphasised in the L&D debate but solidarity and accountability aspects need further attention, for which we find tentative indication in applications around the world; (5) Policy deliberations may need to overcome the perception that L&D constitutes a win-lose negotiation “game” by developing a more inclusive narrative that highlights collective ambition for tackling risks, mutual benefits and the role of transformation. [Open access]. (shrink)

The debate on “Loss and Damage” (L&D) has gained traction over the last few years. Supported by growing scientific evidence of anthropogenic climate change amplifying frequency, intensity and duration of climate-related hazards as well as observed increases in climate-related impacts and risks in many regions, the “Warsaw International Mechanism for Loss and Damage” was established in 2013 and further supported through the Paris Agreement in 2015. Despite advances, the debate currently is broad, diffuse and somewhat confusing, while concepts, methods and (...) tools, as well as directions for policy remain vague and often contested. This book, a joint effort of the Loss and Damage Network—a partnership effort by scientists and practitioners from around the globe—provides evidence-based insight into the L&D discourse by highlighting state-of-the-art research conducted across multiple disciplines, by showcasing applications in practice and by providing insight into policy contexts and salient policy options. This introductory chapter summarises key findings of the twenty-two book chapters in terms of five propositions. These propositions, each building on relevant findings linked to forward-looking suggestions for research, policy and practice, reflect the architecture of the book, whose sections proceed from setting the stage to critical issues, followed by a section on methods and tools, to chapters that provide geographic perspectives, and finally to a section that identifies potential policy options. The propositions comprise (1) Risk management can be an effective entry point for aligning perspectives and debates, if framed comprehensively, coupled with climate justice considerations and linked to established risk management and adaptation practice; (2) Attribution science is advancing rapidly and fundamental to informing actions to minimise, avert, and address losses and damages; (3) Climate change research, in addition to identifying physical/hard limits to adaptation, needs to more systematically examine soft limits to adaptation, for which we find some evidence across several geographies globally; (4) Climate risk insurance mechanisms can serve the prevention and cure aspects emphasised in the L&D debate but solidarity and accountability aspects need further attention, for which we find tentative indication in applications around the world; (5) Policy deliberations may need to overcome the perception that L&D constitutes a win-lose negotiation “game” by developing a more inclusive narrative that highlights collective ambition for tackling risks, mutual benefits and the role of transformation. (shrink)

When do people say that they are moved, and does this experience constitute a unique emotion? We review theory and empirical research on being moved across psychology and philosophy. We examine feeling labels, elicitors, valence, bodily sensations, and motivations. We find that the English lexeme being moved typically (but not always) refers to a distinct and potent emotion that results in social bonding; often includes tears, piloerection, chills, or a warm feeling in the chest; and is often described as pleasurable, (...) though sometimes as a mixed emotion. While we conclude that it is a distinct emotion, we also recommend studying it in a more comprehensive emotion framework, instead of using the ambiguous vernacular term being moved as a scientific term. (shrink)

Thomas E. Hill, Jr.; Servility and Self-Respect, The Monist, Volume 57, Issue 1, 1 January 1973, Pages 87–104, https://doi.org/10.5840/monist197357135.

Thomas Kjeller Johansen presents a new account of Aristotle's major work on psychology, the De Anima.

Codes of ethics exist in many, if not the majority, of all large U.S. companies today. But how the impact of these written codes affect managerial attitudes and behavior is still not clearly documented or explained. This study takes a step in that direction by proposing that attention should shift from the codes themselves as the sources of ethical behavior to the persons whose behavior is the focus of these codes. In particular, this study investigates the role of code familiarity (...) as a factor impacting the influence of an ethics code on manager behavior. Data collected from 286 executives from companies in the direct selling industry are used to test hypotheses (1) that the perceived usefulness of ethics codes is positively related to the degree of familiarity with the code, and (2) that ethical climate as assessed by managers is positively related to the code''s perceived usefulness. Both hypotheses are supported, and their implications and further research directions are discussed. (shrink)

This article argues that Carol Gilligan's research in moral development psychology, work which claims that women speak about ethics in a "different voice" than men do, is applicable to business ethics. This essay claims that Gilligan's "ethic of care" provides a plausible explanation for the results of two studies that found men and women handling ethical dilemmas in business differently. This paper also speculates briefly about the management implications of Gilligan's ideas.

Detection theory has been applied to a host of varied problems (for example, measuring the accuracy of diagnostic systems or reliability of lie detection tests) and extends far beyond the detection of signals. This book is a primer on the subject.

Principia Ethica is recognised as the definitive starting point for twentieth-century ethical theory. Its influence was first largely confined to the Bloomsbury Group - Maynard Keynes wrote that it was 'better than Plato' - who took it up for its celebration of the values of art and love; but later it achieved the widespread recognition it still retains as a classic text of analytic ethical theory. It is particularly renowned for Moore's argument that previous ethical theories have been guilty of (...) a fallacy - the 'naturalistic fallacy'. Principia Ethica is reprinted here with the previously unpublished Preface Moore wrote for a planned, but never completed, second edition. Though unfinished, it sets out clearly Moore's second thoughts about his own work. The volume also includes two important pieces from his later ethical writings, 'Free will' and 'The conception of intrinsic value', and a new introduction by Thomas Baldwin. (shrink)

Background Community advisory boards have expanded beyond high-income countries and play an increasing role in low- and middle-income country research. Much research has examined CABs in HICs, but less is known about CABs in LMICs. The purposes of this scoping review are to examine the creation and implementation of CABs in LMICs, including identifying frequently reported challenges, and to discuss implications for research ethics. Methods We searched five databases for publications describing or evaluating CABs in LMICs. Two researchers independently reviewed (...) articles for inclusion. Data related to the following aspects of CABs were extracted from included publications: time, country, financial support, research focus, responsibilities, and challenges. Thematic analyses were used to summarize textual data describing challenges. Results Our search yielded 2005 citations, 83 of which were deemed eligible for inclusion. Most studies were published between 2010 and 2017. Upper-middle-income countries were more likely to have studies describing CABs, with South Africa, China, and Thailand having the greatest numbers. The United States National Institutes of Health was the main source of financial support for CABs. Many CABs focused on HIV research. Thirty-four studies reported how CABs influenced the informed consent process for clinical trials or other aspects of research ethics. CAB responsibilities were related to clinical trials, including reviewing study protocols, educating local communities about research activities, and promoting the ethical conduct of research. Challenges faced by CABs included the following: incomplete ethical regulations and guidance; limited knowledge of science among members of communities and CABs; unstable and unbalanced power relationships between researchers and local communities; poor CAB management, including lack of formal participation structures and absence of CAB leadership; competing demands for time that limited participation in CAB activities; and language barriers between research staff and community members. Several challenges reflected shortcomings within the research team. Conclusions Our findings examine the formation and implementation of CABs in LMICs and identify several ethical challenges. These findings suggest the need for further ethics training among CAB members and researchers in LMICs. (shrink)

The International Society of Krishna Consciousness, commonly known as the Hare Krishna Movement, has disseminated a flurry of antievolutionist media since its inception in 1966. Such communications frequently co-opt arguments employed by Christian creationists and Intelligent Design theorists. At the same time, however, there are indications that a scattering of ISKCON publications have articulated relatively ambiguous, less oppositional statements about evolutionary theory. This article reconsiders ISKCON's Darwin-skepticism by appraising recent, largely unexamined Hare Krishna publications, as well as responses to evolutionary (...) theory expressed by ISKCON's founder, A. C. Bhaktivedanta, and his immediate Vaishnava forerunners. The analysis reveals that, although the majority of contemporary ISKCON materials are vehemently opposed to evolution, some leading voices demonstrate less combative, cautiously accommodating stances. These cases are suggestive of complexities in ISKCON's responses to evolution, both past and present, which are not necessarily encapsulated in the terms Vedic creationism or antievolutionism. (shrink)

Philosophy challenges our assumptions—especially when it comes to us from another culture. In exploring Japanese philosophy, a dependable guide is essential. The present volume, written by a renowned authority on the subject, offers readers a historical survey of Japanese thought that is both comprehensive and comprehensible. Adhering to the Japanese philosophical tradition of highlighting engagement over detachment, Thomas Kasulis invites us to think with, as well as about, the Japanese masters by offering ample examples, innovative analogies, thought experiments, and (...) jargon-free explanations. He assumes little previous knowledge and addresses themes—aesthetics, ethics, the samurai code, politics, among others—not in a vacuum but within the conditions of Japan’s cultural and intellectual history. For readers new to Japanese studies, he provides a simplified guide to pronouncing Japanese and a separate discussion of the language and how its syntax, orthography, and linguistic layers can serve the philosophical purposes of a skilled writer and subtle thinker. For those familiar with the Japanese cultural tradition but less so with philosophy, Kasulis clarifies philosophical expressions and problems, Western as well as Japanese, as they arise. Half of the book’s chapters are devoted to seven major thinkers who collectively represent the full range of Japan’s historical epochs and philosophical traditions: Kūkai, Shinran, Dōgen, Ogyū Sorai, Motoori Norinaga, Nishida Kitarō, and Watsuji Tetsurō. Nuanced details and analyses enable an engaged understanding of Japanese Buddhism, Confucianism, Shintō, and modern academic philosophy. Other chapters supply social and cultural background, including brief discussions of nearly a hundred other philosophical writers. In his closing chapter Kasulis reflects on lessons from Japanese philosophy that enhance our understanding of philosophy itself. He reminds us that philosophy in its original sense means loving wisdom, not studying ideas. In that regard, a renewed appreciation of engaged knowing can play a critical role in the revitalization of philosophy in the West as well as the East. (shrink)

How can I know something? How can I convince someone of the rightness of my position? How does reality function? What is artistic creativity? What is the role of the state? It is well known that people from various cultures give dissimilar answers to such philosophical questions. After three decades in the cross-cultural study of ideas and values, Thomas Kasulis found that culture influences not only the answers to these questions, but often how one arrives at the answers. In (...) generalizing cultural difference, Kasulis identifies two kinds of orientation: intimacy and integrity. Both determine how we think about relations among people and among things, and each is reasonable, effective, and consistent. Yet the two are so incompatible in their basic assumptions that they cannot successfully engage each other. Cultural difference extends beyond nations. Cultural identities crystallize in relation to religion, occupation, race, gender, class. Rather than attempt to transcend cultural difference, Kasulis urges a deeper awareness of its roots by moving beyond mere cultural relativism toward a cultural bi-orientationality that will allow us to adapt ourselves to different cultural contexts as the situation demands. Wonderfully clear and unburdened by jargon, Intimacy or Integrity is accessible to readers from a variety of perspectives and backgrounds. By analyzing the synergy between thought and culture, it increases our understanding of cultural difference and guides us in developing strategies for dealing with orientations different from our own. (shrink)

How can I know something? How can I convince someone of the rightness of my position? How does reality function? What is artistic creativity? What is the role of the state? It is well known that people from various cultures give dissimilar answers to such philosophical questions. After three decades in the cross-cultural study of ideas and values, Thomas Kasulis found that culture influences not only the answers to these questions, but often how one arrives at the answers. In (...) generalizing cultural difference, Kasulis identifies two kinds of orientation: intimacy and integrity. Both determine how we think about relations among people and among things, and each is reasonable, effective, and consistent. Yet the two are so incompatible in their basic assumptions that they cannot successfully engage each other. Cultural difference extends beyond nations. Cultural identities crystallize in relation to religion, occupation, race, gender, class. Rather than attempt to transcend cultural difference, Kasulis urges a deeper awareness of its roots by moving beyond mere cultural relativism toward a cultural bi-orientationality that will allow us to adapt ourselves to different cultural contexts as the situation demands. Wonderfully clear and unburdened by jargon, Intimacy or Integrity is accessible to readers from a variety of perspectives and backgrounds. By analyzing the synergy between thought and culture, it increases our understanding of cultural difference and guides us in developing strategies for dealing with orientations different from our own. (shrink)

Thomas Joseph; Secular vs. Orthodox Chaplaincy: Taking the Kingdom of Heaven Seriously, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume.

Many segments of society have systems of values arising from collective beliefs and motivations. For agriculture, and our food system, increasing production to feed the growing human population clearly is a core value. However, a survey we conducted, together with a previously reported survey, showed that the curricula of most U.S. colleges of agriculture do not offer ethics courses that examine the basis of this core value or include discussion of agriculture’s ethical dilemmas such as misuse of pesticides, not progressing (...) rapidly enough toward sustainability goals, relative lack of involvement in addressing diet-related health issues, and lack of commitment to reducing agriculture’s role as a contributor to global climate change. These surveys provide strong evidence that few students have an opportunity to learn ethical concepts and apply them to issues of importance to the agriculture/food system. We suggest that such issues are both growing societal concerns and serious ethical problems that demand attention if our agricultural/food system is not see its relationship with the public further imperiled. Further, we suggest that there is a need for, indeed an obligation of, the faculty of colleges of agriculture to embrace a thorough analysis and discussion of agriculture’s values and their ethical foundation. We offer our thoughts on why curricula of colleges of agriculture do not provide such opportunities and on the importance of agricultural faculties providing leadership in ethical analysis and discussion. (shrink)

Maurice Merleau-Ponty's _Phenomenology of Perception_ is widely acknowledged to be one of the most important contributions to philosophy of the twentieth century. In this volume, leading philosophers from Europe and North America examine the nature and extent of Merleau-Ponty's achievement and consider its importance to contemporary philosophy. The chapters, most of which were specially commissioned for this volume, cover the central aspects of Merleau-Ponty's influential work. These include: Merleau-Ponty’s debt to Husserl Merleau-Ponty’s conception of philosophy perception, action and the role (...) of the body consciousness and self-consciousness naturalism and language social rules and freedom. Contributors: David Smith, Sean Kelly, Komarine Romdenh-Romluc, Hubert Dreyfus, Mark Wrathall, Thomas Baldwin, Simon Glendinning, Naomi Eilan, Eran Dorfman, Francoise Dastur. (shrink)

Thomas Nagel's criterion for an acceptable theory of conscious awareness, that it address the question of “what it is like” to be a conscious subject has been misunderstood in the light of an implicit act/object model of conscious awareness. Kant's account of conscious experience is an adverbial theory precisely in the sense that it avoids such an act/object interpretation. An “objectualist” and an “actualist” construal of views of conscious awareness are contrasted. The idea of an adverbial theory of conscious (...) experience is further developed by examining recent re-interpretations of Brentano as an adverbial theorist (Thomasson) or as an identity theorist (Hossack). Identity theory is independently criticized as a free standing account of consciousness. Kant's adverbial view is further developed and extended to an account of self-ascription and self-knowledge. (shrink)

[Robert Stalnaker] Saul Kripke made a convincing case that there are necessary truths that are knowable only a posteriori as well as contingent truths that are knowable a priori. A number of philosophers have used a two-dimensional model semantic apparatus to represent and clarify the phenomena that Kripke pointed to. According to this analysis, statements have truth-conditions in two different ways depending on whether one considers a possible world 'as actual' or 'as counterfactual' in determining the truth-value of the statement (...) relative to that possible world. There are no necessary a posteriori or contingent a priori propositions: rather, contingent a priori and necessary a posteriori statements are statements that are necessary when evaluated one way, and contingent when evaluated the other way. This paper distinguishes two ways that the two-dimensional framework can be interpreted, and argues that one of them gives the better account of what it means to 'consider a world as actual', but that it provides no support for any notion of purely conceptual a priori truth. /// [Thomas Baldwin] Two-dimensional possible world semantic theory suggests that Kripke's examples of the necessary a posteriori and contingent a priori should be handled by interpreting names as implicitly indexical. Like Stalnaker, I reject this account of names and accept that Kripke's examples have to be accommodated within a metasemantic theory. But whereas Stalnaker maintains that a metasemantic approach undermines the conception of a priori truth, I argue that it offers the opportunity to develop a conception of the a priori aspect of stipulations, conceived as linguistic performances. The resulting position accommodates Kripke's examples in a way which is both intrinsically plausible and fits with Kripke's actual discussion of them. (shrink)

The history of the Euclidean Steiner tree problem, which is the problem of constructing a shortest possible network interconnecting a set of given points in the Euclidean plane, goes back to Gergonne in the early nineteenth century. We present a detailed account of the mathematical contributions of some of the earliest papers on the Euclidean Steiner tree problem. Furthermore, we link these initial contributions with results from the recent literature on the problem.

Agriculture’s dominant focus is feeding the human population. From an ethical perspective, this is clearly very positive, but it does not absolve agriculture from critical, ethical examination of the totality of agriculture’s effects. To earn the public’s ongoing support, agriculture must be trusted to vigilantly examine its full range of effects and be sure they align with the highest ethical values. Agriculture’s record is enviable in the science and technology associated with its primary ethical concern, but we need to do (...) more to address the broader ethical issues that are the public’s increasing concern. The entire agricultural community needs to become engaged in the discussion. The classroom offers an effective starting place. Yet, curricular offerings are rarely available at public universities. Opportunity for ethics study should become a key component of agricultural education. (shrink)

There is a burgeoning scientific and ethical literature on the use of biomarkers—such as genes or brain scan results—and biological interventions to predict and prevent crime. This literature on biopredicting and biopreventing crime focuses almost exclusively on crimes that are physical, violent, and/or sexual in nature—often called blue-collar crimes—while giving little attention to less conventional crimes such as economic and environmental offences, also known as white-collar crimes. We argue here that this skewed focus is unjustified: white-collar crime is likely far (...) costlier than blue-collar crime in money, health, and lives lost. Moreover, attempts to biopredict and bioprevent blue-collar crime may entail adopting potentially unfair measures that target individuals who are already socio-economically disadvantaged, thus compounding pre-existing unfairness. We argue, therefore, that we ought to extend the study of bioprediction and bioprevention to white-collar crime as a means of more efficiently and fairly responding to crime. We suggest that identifying biomarkers for certain psychopathic traits, which appear to be over-represented among senior positions in corporate and perhaps political organisations, is one avenue through which this research can be broadened to include white-collar crime. (shrink)

Work on Scotus's moral psychology and action theory has been concerned almost exclusively with questions about the relationship between will and intellect and in particular about the freedom of the will itself. In this essay I broaden the scope of inquiry. For I contend that Scotus's views in moral psychology are best understood against the background of a long tradition of metaethical reflection on the relationship between being and goodness. In the first section of this essay, therefore, I sketch the (...) main lines of that tradition in medieval thinking and examine the novel and sometimes daring ways in which Scotus appropriated them. In the sections that follow I elaborate on three areas of Scotus's action theory, very broadly conceived, in which his modifications of the medieval metaethical tradition can be seen bearing philosophical fruit. Thus, in the second section I examine his account of the goodness of moral acts, in the third his understanding of the passive dispositions of both sensitive appetite and will, and in the fourth his account of the active power of will. (shrink)

Character formation is a central theme in Katherin Rogers’s Freedom and Self-Creation: Anselmian Libertarianism. According to Rogers, Anselm holds that the purpose of free choice is to afford creatures the possibility of creating their own characters through their free choices. I argue that Anselm has no doctrine of character formation. Accordingly, he does not hold the view of the purpose of free choice that Rogers attributes to him. Creatures cannot bring about justice in themselves, let alone increase it by their (...) own efforts; any moral progress is divine gift, not creaturely achievement. I offer an alternative account of the purpose of free choice. (shrink)

Merleau-Ponty was a pivotal figure in twentieth century French philosophy. He was responsible for bringing the phenomenological methods of the German philosophers - Husserl and Heidegger - to France and instigated a new wave of interest in this approach. His influence extended well beyond the boundaries of philosophy and can be seen in theories of politics, psychology, art and language. This is the first volume to bring together a comprehensive selection of Merleau-Ponty's writing. Sections from the following are included: The (...) Primacy of Perception The Structure of Behaviour The Phenomenology of Perception The Prose of the World The Visible and the Invisible Sense and Non-Sense The Adventures of the Dialectic In a substantial critical introduction Thomas Baldwin provides a critical discussion of the main themes of Merleau-Ponty's philosophy, connecting it to subsequent philosophical debates and setting it in the context of the ideas of Bergson, Husserl, Heidegger and Sartre. Each text is also prefaced with an explanation which sets it in its context in Merleau-Ponty's work; and there are extensive suggestions for further reading to enable students to pursue the issues raised by Merleau-Ponty. Thus the book provides the ideal materials for students studying Merleau-Ponty for the first time. (shrink)

This paper examines the type of theory used to justify the application of physical scale modelling to the solution of mid-nineteenth century engineering problems. To do this, it discusses three particular examples: the initial Britannia Bridge breaking experiments of E. Hodgkinson, the vibrating railway bridge experiments of R. Willis and G. G. Stokes; and the ship resistance experiments of W. Froude. The theory invoked in these case histories is viewed against the background of the response of the contemporary engineering community (...) and compared with the notion of engineering science as proposed by W. J. M. Rankine. (shrink)

Examining Thomas Hill Green's moral philosophy, Thomas defends a radically new perception of Green as an independent thinker rather than a devoted partisan of Kant or Hegel. Green's moral philosophy, argues Thomas, includes a widely misunderstood defense of free will, an innovative model of deliberation that rejects both Kantian and Humean conceptions of practical reason, a barely recognized theory of character, and an account of moral objectivity that involves no dependence on religion--all of which yield a coherent (...) body of moral philosophy that raises important problems neglected in contemporary ethics. (shrink)

Context Opioid treatment agreements (OTAs) are documents that clinicians present to patients when prescribing opioids that describe the risks of opioids and specify requirements that patients must meet to receive their medication. Notwithstanding a lack of evidence that OTAs effectively mitigate opioids’ risks, professional organizations recommend that they be implemented, and jurisdictions increasingly require them. We sought to identify the jurisdictions that require OTAs, how OTAs might affect the outcomes of lawsuits that arise when things go wrong, and instances in (...) which the law permits flexibility for clinicians and health care institutions to adopt best practices. -/- Methods We surveyed the laws and regulations of all 50 states and the District of Columbia to identify which jurisdictions require the use of OTAs, the circumstances in which OTA use is mandatory, and the terms OTAs must include (if any). We also surveyed criminal and civil judicial decisions in which OTAs were discussed as evidence on which a court relied to make its decision to determine how OTA use influences litigation outcomes. -/- Findings Results show that a slight majority (27) of jurisdictions now require OTAs. With one exception, the jurisdictions’ requirements for OTA use are triggered at least in part by long-term prescribing. There is otherwise substantial variation and flexibility within OTA requirements. Results also show that even in jurisdictions where OTA use is not required by statute or regulation, OTA use can inform courts’ reasoning in lawsuits involving patients or clinicians. Sometimes, but not always, OTA use legally protects clinicians from liability. -/- Conclusions -/- Our results show that OTA use is entwined with legal obligations in various ways. Clinicians and health care institutions should identify ways for OTAs to enhance clinician–patient relationships and patient care within the bounds of relevant legal requirements and risks. (shrink)

Jesuha, Thomas | : Dans cet article nous cherchons à montrer comment, dans sa pensée des années 1925-30, Heidegger déploie une philosophie transcendantale de l’existence qui absolutise des catégories contingentes. En ce sens, il s’agit de comprendre en quoi le Dasein est constitué par une réceptivité ontologique, c’est-à-dire une assignation au sens dans toutes les modalités de sa structure. Ainsi, la reprise du projet kantien puis husserlien d’une analyse a priori de l’homme et de sa structure phénoménologique conduit Heidegger (...) à une pensée qui fige l’homme dans un réseau de modalités existentiales définitives, fermées à toute transformation qui proviendrait soit d’une évolution naturelle, soit d’une praxis. Cette immobilité de la forme de l’existence du Dasein est alors décelable aussi bien dans sa structure auto-renvoyante et réticulaire, que dans la façon dont sa finitude soumet toute puissance ontologique à une impuissance première. (shrink)