Legal scholars attribute a great deal of importance to the linguistic dimension behind recodification. According to them, language contributes greatly to the improvement of both the accessibility and clarity of the law. Nevertheless, little research on the linguistic aspects of codification exists within both linguistics and legal theory. Consequently, it seems worthwhile to study this linguistic dimension more in depth. To this aim, the recent legislative proposals to recodify various economic, civil and criminal codes in Belgium serve as a useful (...) case study to improve our understanding of the linguistic challenges of recodification. In this article we will look at the linguistic comments made by the Belgian Council of State, a state organ which offers technical advice to the legislator, on the relevant proposals and consider the type of linguistic comments made, and, their implementation by the legislator. On the one hand, such an analysis allows us to single out the linguistic problems accompanying the Belgian recodification and, on the other, to elaborate on them with the help of the insights provided by legal theory. In doing so, we hope for our analysis to be a useful point of reference both for research on the Belgian recodification and other legal/linguistic approaches to recodification in general. (shrink)

Two experiments report on the construction of the Sense of Agency Rating Scale (SOARS), a new measure for quantifying alterations to agency. In Experiment 1, 370 participants completed a preliminary version of the scale following hypnosis. Factor analysis revealed two underlying factors: Involuntariness and Effortlessness. In Experiment 2, this two factor structure was confirmed in a sample of 113 low, medium and high hypnotisable participants. The two factors, Involuntariness and Effortlessness, correlated significantly with hypnotisability and pass rates for ideomotor, challenge (...) and cognitive items. Twelve week test-retest correlations showed that Involuntariness was highly stable, but Effortlessness only moderately stable. Analysis of the combined datasets from Experiments 1 and 2 showed both SOARS scores were significantly related to the derived factors of Woody, Barnier, and McConkey's (2005) 4-factor model of hypnotisability. This scale clarifies conceptual confusion around agentive action and provides empirical support for a multifactorial account of sense of agency. (shrink)

The huge amounts spent on store security and crime prevention worldwide, not only costs international businesses, but also amounts to a hidden tax on those law-binding consumers who bear higher prices. Most previous research has focused on shoplifting and ignored many other ways in which consumers cheat businesses. Using a hybrid of both qualitative research and survey approaches in four countries, an index of 37 activities was developed to examine consumers’ unethical activities across UK, US, France, and Austria. The findings (...) indicate that around three quarters of consumers in all four countries can be classified as heavy offenders for these minor cheats. The paper argues that government agencies, marketers, and retailers should adopt more pro-active preventative approaches, rather than reactive loss limitation measures to combat unethical behavior. (shrink)

Ethical dilemmas in community mental health care is the focus of this article. The dilemmas are derived from a discussion of the results of a qualitative research project that took place in five countries of the European Union. The different stakeholders are confronted with the following dilemmas: community care versus hospital care ; a life with care versus a life without care ; stimulation of the client toward greater responsibility versus protection against such responsibility ; budgetary control versus financial incentives (...) , and respect for the client versus particular private needs . These dilemmas are interpreted against the background of a value based ethical model. This model offers an integral approach to the dilemmas and can be used to determine policy. The dilemmas are discussed here as the result of conflicting values—namely autonomy and privacy, support and safety, justice and participation, and trust and solidarity. (shrink)

This study examines the relationship between the ethical behavior and customer orientation of insurance sales agents engaged in the selling of complex services, e.g. health, life, auto, and property insurance. The effect of ethical and customer-oriented behavior, measured by the SOCO scale (Saxe and Weitz, 1982), on the annual premiums generated by the agents is also investigated. Customeroriented sales agents are found to engage in less unethical behavior than their sales-oriented counterparts. Further, sales-oriented agents are found to perceive greater levels (...) of unethical behavior among their significant others. Alarmingly, higher levels of sales premiums are found among those agents who engage in unethical behavior. (shrink)

In psychiatry, caregivers try to get free and informed consent of patients, but often feel required to restrict freedom and to use coercion. The present article develops ethical advice given by an Ethics Committee for Mental Health Care. The advice recommends an ethical ideal of shared deliberation, consisting of information, motivation, consensus and evaluation. For the exceptional use of coercion, the advice develops three criteria, namely incapacity to deliberate, threat of serious harm and proportionality between harm and coercion.The article also (...) discusses the viewpoints of the ethical advice and of the European Convention on Human Rights and Biomedicine: is the advice in agreement with the Convention and can the advice refine the guidelines of the Convention for the particular context of psychiatry? Although the Convention emphasises the autonomy of the individual patient, whereas the advice focuses on the relationships between the partners involved, the advice enjoys a complementary and supportive function in the application of the Convention. (shrink)

Much attention has been paid recently to the role of anomalous experiences in the aetiology of certain types of psychopathology, e.g. in the formation of delusions. We examine, instead, the top-down influence of pre-existing beliefs and affective factors in shaping an individual’s characterisation of anomalous sensory experiences. Specifically we investigated the effects of paranormal beliefs and alexithymia in determining the intensity and quality of an altered state of consciousness . Fifty five participants took part in a sweat lodge ceremony, a (...) traditional shamanic ritual which was unfamiliar to them. Participants reported significant alterations in their state of consciousness, quantified using the ‘APZ’ questionnaire, a standardized measure of ASC experience. Participants endorsing paranormal beliefs compatible with shamanic mythology, and those showing difficulty identifying feelings scored higher on positive dimensions of ASC experience. Our findings demonstrate that variation in an individual’s characterisation of anomalous experiences is nuanced by pre-existing beliefs and affective factors. (shrink)

The Guarded Negation Fragment (GNFO) is a fragment of first-order logic that contains all positive existential formulas, can express the first-order translations of basic modal logic and of many description logics, along with many sentences that arise in databases. It has been shown that the syntax of GNFO is restrictive enough so that computational problems such as validity and satisfiability are still decidable. This suggests that, in spite of its expressive power, GNFO formulas are amenable to novel optimizations. In this (...) article we study the model theory of GNFO formulas. Our results include effective preservation theorems for GNFO, effective Craig Interpolation and Beth Definability results, and the ability to express the certain answers of queries with respect to a large class of GNFO sentences within very restricted logics. (shrink)

Respect for an individual’s autonomy determines that doctors should inform patients if their illness is terminal. This becomes complicated when the terminal diagnosis is recent and death is imminent. The authors examine the admission to paediatric intensive care of an adolescent with terminal respiratory failure. While fully ventilated, the patient was kept sedated and comfortable but when breathing spontaneously he was capable of non-verbal communication and understanding. Once resedated and reintubated, intense debate ensued over whether to wake the patient to (...) tell him he was going to die. The authors discuss the ethical arguments that surrounded their decision. (shrink)

In the final decades of the 20th century, issues such as identity, Otherness and the role of social and cultural boundaries have been prominent in social theory, sociology and cultural studies. In this context, an analysis of Bauman's work is important because it raises pertinent questions pertaining to the nature of social and cultural boundaries and the nature of boundary construction under modernity. The metaphors of inside and outside and the idea of the boundary are significant in Bauman's critique of (...) modernity's search for a meta-order and in his examination of strangerhood. The article illustrates how this ordering process manifests itself at the individual and societal levels of modernity. Bauman's contention is that modernity's search for a meta-order leads to the construction of boundaries and to exclusionary practices. It is the presence of the Third, for Bauman, which threatens the certainty of order. Different images of the stranger in Bauman's work are identified and the ways in which Bauman's conception of freedom and `community' is intrinsically linked to his work on the ambivalent stranger are demonstrated. (shrink)

We study the preservation of certain properties under products of classes of finite structures. In particular, we examine indivisibility, definable self-similarity, the amalgamation property, and the disjoint n-amalgamation property. We explore how each of these properties interacts with the lexicographic product, full product, and free superposition of classes of structures. Additionally, we consider the classes of theories which admit configurations indexed by these products. In particular, we show that, under mild assumptions, the products considered in this article do not yield (...) new classes of theories. (shrink)

In an effort to ensure access to justice, Australian courts have fashioned a unique hybrid opt in-opt out process known as “closed classes.” The rationale that underlies closed classes is to prevent free-riding that may undercut the position of funders and class action law firms reliant upon entering into agreements with a critical mass of class members. However, multiple closed classes also pose problems for respondents seeking the comfort of finality. To secure settlement and thus ultimately benefit participating class members, (...) Australian courts have formulated a procedure whereby the closed class is opened and nonparticipating class members are invited to either register their claims or opt out so that thereafter those who do not register and those who opt out are effectively precluded by res judicata from making further related claims. We argue that Australian courts’ support of closed classes, while driven by pragmatism, has produced unintended consequences. Many relate to the ethical dilemmas faced by class action law firms and litigation funders seeking to advance the interests of participating class members over and above those of nonparticipating class members. The Full Federal Court has recently approved an alternative common fund approach. However, questions remain as to whether Australian courts are appropriately equipped to measure and compare the alternative transaction costs associated with the current and proposed approach, and whether they are appropriately equipped to determine the commercial rectitude and fairness of litigation funding agreements. (shrink)

In his lifetime, Ralph Waldo Emerson became the most widely known man of letters in America, establishing himself as a prolific poet, essayist, popular lecturer, and an advocate of social reforms who was nevertheless suspicious of reform and reformers. Emerson achieved some reputation with his verse, corresponded with many of the leading intellectual and artistic figures of his day, and during an off and on again career as a Unitarian minister, delivered and later published a number of controversial sermons. Emerson’s (...) enduring reputation, however, is as a philosopher, an aphoristic writer (like Friedrich Nietzsche) and a quintessentially American thinker whose championing of the American Transcendental movement and influence on Walt Whitman, Henry David Thoreau, William James, and others would alone secure him a prominent place in American cultural history. (shrink)

We investigate the extension of monadic second-order logic of order with cardinality quantifiers "there exists uncountably many sets such that... " and "there exists continuum many sets such that... ". We prove that over the class of countable linear orders the two quantifiers are equivalent and can be effectively and uniformly eliminated. Weaker or partial elimination results are obtained for certain wider classes of chains. In particular, we show that over the class of ordinals the uncountability quantifier can be effectively (...) and uniformly eliminated. Our argument makes use of Shelah's composition method and Ramsey-like theorem for dense linear orders. (shrink)

This paper takes as its starting point a decision to accept a particular commission for a piece of educational research which is subject to contractual restrictions. In the light of recent debate on the contentious politics and ethics of contractual research, it then addresses the problem of what might constitute an ethical defence, or critique, of such research and such contracts.

This paper takes as its starting point a decision to accept a particular commission for a piece of educational research which is subject to contractual restrictions. In the light of recent debate on the contentious politics and ethics of contractual research, it then addresses the problem of what might constitute an ethical defence, or critique, of such research and such contracts.

The idea of experience has been taken at face value in scholarly accounts of the migration experience, consequently very little attention has been given to how this idea has acquired its meaning and how it relates to the category of the ‘migration experience’. This article provides an analytical investigation into the nature of the phenomenon known as the ‘migrant experience’; firstly, by examining mediated and non-mediated conceptions of experience as well as an alternative account of experience associated with strangeness/disruption. Through (...) this conceptual lens, I then critically consider how the migration experience, as an analytical construct, has been constituted through a spatial–temporal framework, a critical migration perspective, and within the phenomenological and existential accounts. In conclusion, these approaches, as I will demonstrate, are not necessarily mutually exclusive, rather they complement and, at times, are in tension with each other. Such an examination will provide some conceptual clarity that is currently lacking in empirical work on an ‘experience’ categorized as migration. (shrink)

This book develops Non-Identity Theodicy as an original response to the problem of evil. It constructs an ethical framework for theodicy by sketching four cases of human action where horrendous evils are either caused, permitted, or risked, either for pure benefit or for harm avoidance.

Previous studies have found Forsyth’s Ethical Position Questionnaire (EPQ) to vary between countries, but none has made a systematic evaluation of its psychometric properties across consumers from many countries. Using confirmatory factor analysis and multi-group LISREL analysis, this paper explores the factor structure of the EPQ and the measurement equivalence in five societies: Austria, Britain, Brunei, Hong Kong and USA. The results suggest that the modified scale, measuring idealism and relativism, was applicable in all five societies. Equivalence was found across (...) Britain, Brunei and USA, but the original scale cannot be used validly. (shrink)

The present ethical advice tackles the question as to how caregivers in a Catholic mental health service can take care of psychiatric patients requesting euthanasia because of their unbearable mental suffering. The question arises because the Belgian act on euthanasia allows euthanasia under certain conditions, while the Roman Catholic Church forbids euthanasia in all circumstances. The ethical advice is based on the assessment of fundamental values: the inviolability of life, the patient’s autonomy, and the care relationship between caregivers and patient. (...) To integrate these values, caregivers should in a timely fashion make clear that life is inviolable, attentively respect the patient’s autonomy, and provide the best possible care relationship, including counseling for existential questions. If the request for euthanasia persists, the only sensible option is to refer the patient to another physician, guaranteeing the continuity of the care relationship. In the tension between the inviolability of life and the patient’s autonomy, the care relationship is the binding value. (shrink)

Mindfulness is becoming increasingly popular in the workplace. This likely relates to a growing body of research linking mindfulness to a range of psychological outcomes such as reduced anxiety, depression and increased subjective wellbeing. However, while mindfulness has received a great deal of attention in clinical research, the evidence for workplace relevant benefits is less established. Additionally, outside of clinical research, mindfulness studies have rarely been replicated. Recent evidence suggests that the cognitive skills cultivated during meditation may be instrumental in (...) reducing biased thinking and increasing prosocial behaviour, but these findings have not been previously tested in a workplace setting. Specifically, mindfulness has been linked to reductions in implicit age bias, sunk-cost decision-making bias and increases in organisational citizenship behaviours. In two experiments using a workplace and laboratory sample, the present investigation aimed to test the reliability and generalisability of previous findings that a brief mindfulness meditation can reduce age and sunk-cost decision-making biases. To more directly test the potential positive benefits of mindfulness in a workplace setting, this study also investigated the impact of a mindfulness intervention on intention to perform OCB. While meditation significantly increased OCB intent, predictions relating to bias were not supported. Considerations for the degree to which empirical evidence aligns with claims in popular culture, along with implications for the practical uses of mindfulness in the workplace are explored. (shrink)

I develop a theodicy that begins with the recognition that we owe our existence to great and varied evils. I develop two versions of this theodicy, with the result that some version is available to the theist regardless of her assumptions about the existence and nature of free will. My defense of Non-Identity Theodicy is aided by an analogy between divine creation and human procreation. I argue that if one affirms the morality of voluntary human procreation, one should affirm the (...) morality of divine creation; conversely, denying the morality of divine creation commits one to denying the morality of human procreation. (shrink)

In this article I offer an analysis of harms associated with sexual objectification. Objectification can be benign, but harm tends to occur in three circumstances: (i) when objectification is non-consensual, (ii) when a phenomenon that I term ‘context-creeping’ occurs, and (iii) when the objectification is also enacting or reinforcing some kind of oppression. I defend the view that objectification is not always harmful, and I explain the popular intuition to the contrary by demonstrating that these three harm-generating circumstances are especially (...) prevalent. The phenomenon of ‘context-creeping’ objectification is introduced to capture what is intuitively wrong with much objectification in media and advertising. This phenomenon describes when instances of sexual objectification (which may be, in themselves, benign) regularly occur outside sexual contexts, in a way that reinforces particular rape myths and thereby contributes to harms. This means that the ubiquity of discussion of pornography in the objectification literature is misleading, and a shift in focus to other media is warranted. I end with a warning, though: we should be very careful in how we respond to these problems, as attempts to mitigate any harms associated with objectifying media can badly misfire. (shrink)

Values in dialogue offers a practical and theoretical model for ethics in care, that has grown from experience and research. The foundation of this ethical model is laid in the care relationship and in relational personalism. It consists of three pillars: values, dialogue, and attitudes. On this basis, a practical model for ethical reflection is developed. The aim is to empower professionals in their own ethical reflection and responsibility in concrete care situations. The model is applied on several topics, such (...) as collaboration between professionals, collaboration with clients and significant others, restriction of freedom and use of coercion, and exchange of information and confidentiality. 'Values in dialogue' is written for care professionals in their daily practice and in ethics commitees, but also for teachers and students in ethics courses. It focuses in particular on mental healthcare, support for people with mental disabilities, and care for elderly persons. (shrink)

Because of the development towards community care, care providers not only exchange information in a team, but increasingly also in networks. This is a challenge to confidentiality. The ethical question is how care providers can keep information about the care receiver confidential, whilst at the same time exchanging information about that care receiver in a team or network? Can shared confidentiality be extended from a team to a network? To clarify this question, the article refers to the advice of an (...) expert ethics committee in mental health care. The advice regards exchange of information in a network as a further step in enhancing collaboration among care providers. Therefore, the good and evident practice of shared confidentiality in a team can be extended to a network if the same conditions are met. First, the care providers participate in a clearly defined and identifiable team or network. Secondly, they have a shared care responsibility. Thirdly, they have a duty of confidentiality. Fourth, they dialogue with the care receiver and obtain his or her consent. Finally, they apply the filter of relevance. Hence, conditional shared confidentiality is an ethical justification for the exchange of information in a team or network. (shrink)

The rate of individuals diagnosed with Alzheimer’s disease is expected to increase significantly in the coming decades. As more attention is paid to end-of-life care for these patients, questions about the use of assisted nutrition and hydration will become more prevalent. Two recent articles that discuss the use of ANH in patients suffering from advanced Alzheimer’s disease are discussed. The author argues that Pope John Paul II’s designation of medically assisted nutrition and hydration as “ordinary care” does not alleviate the (...) ethical necessity of discerning the benefits and burdens of the procedure for these patients. He argues that tube feeding of patients with advanced Alzheimer’s disease should be considered extraordinary, non-obligatory treatment, but future research is still needed to assess the objective and subjective criteria for making this judgment. National Catholic Bioethics Quarterly 13.3 (Autumn 2013): 469–482. (shrink)