In the course of a note on Aen. VIII. 86 sq. by Dr. J. W. Mackail , the Servian interpretation of line 96 is supported with the observation that 'note should be taken of Virgil's distinctive use of the ablative. “Placidoaequore siluas” in his language is practically equivalent to “placidas aequoreas siluas” just as “pictas abiete puppes” is to “pictas abiegnas puppes” or “uasta uoragine gurges” to “uastus uoraginosus gurges.”’.

As there is a growing trend for people to work from home, precipitated by the COVID-19 pandemic, this research examines the impact of blurred work-life boundaries on lifestyle and subjective well-being. Our cross-sectional study in the Netherlands demonstrates that heightened levels of blurred work-life boundaries predict negative changes in happiness through enhanced emotional exhaustion. In addition, the findings point to a dual role of lifestyle in this process. On the one hand, we observed that healthy overall lifestyle patterns buffered employees (...) against the detrimental effects of blurred work-life boundaries and emotional exhaustion on happiness. On the other hand, employees who experienced increases in blurring of work-life boundaries reported a deterioration in healthy lifestyle behaviors, which in turn was related to reduced happiness. Paradoxically, it seems that those who would benefit the most from a healthy lifestyle are less able to sustain health-promoting behaviors. A case for shared responsibility between employers and employees is built as we discuss the practical implications of the current research. (shrink)

Of the unusual grammatical constructions which Statius employs for the sake of variety and novel effect, among the most remarkable is his use of the ablative case. There are striking instances at Th. 8. 157, Th. 10. 309, Ach. 1. 219, Ach. 2. 129; and W. C. Summers was led to say: ‘We see some traces in Valerius of the lax use of this case which became almost a disease with Statius, who employs it for almost any (...) kind of idea.’ There are three passages in Statius which have been misinterpreted or emended through the failure to recognize a use of the ablative to which he was especially prone—the local ablative where the poetic dative of ‘motion towards’ would seem more normal. I shall first list examples of this use in Statius where there is little or no doubt about interpretation or reading, and in the light of this accumulated evidence consider the three passages which are disputed. (shrink)

Recent achievements in rehabilitative robotics modify essential parameters of the human body, such as motility. Exoskeletons used for persons with neurological impairments like spinal cord injury and stroke enter this category by rehabilitating and assisting damaged motor patterns, achievements thought impossible until not long ago. Unlike other examples leading to similar dysfunctions, such as diseases or tumors, the experience of an accident causing a spinal cord injury or the occurrence of a cerebrovascular accident is sudden and perceived as a radical (...) event. This often leads to deep consequences for one’s own body capacities. Exoskeletons attempt to alter this condition, contributing to forge a temporary abled body, although this currently happens in the restricted space of a clinic or a lab and under very controlled conditions for the predominance of users. Using qualitative empirical material from an ongoing study in sociology, including expert and narrative interviews as well as ethnographic visits in labs and centers that design and test exoskeletons, this article addresses the challenges and gains that people with stroke and spinal cord injury experience during their training with exoskeletons. The discussed cases contribute to reassess categories from the phenomenological paradigm, disability studies, and the role medical technologies play in contemporary body worlds. (shrink)

This book argues that critics of consequentialism have not been able to make a successful and comprehensive case against all versions of consequentialism because they have been using the wrong methodology. This methodology relies on the crucial assumption that consequentialist theories share a defining characteristic. This text interprets consequentialism, instead, as a family resemblance term. On that basis, it argues quite an ambitions claim, viz. that all versions of consequentialism should be rejected, including those that have been created in (...) response to conventional criticisms. The book covers a number of classic themes in normative ethics, metaethics and, particularly, ethical methodology and also touches upon certain aspects of experimental moral philosophy. It is written in clear language and is analytic in its argumentative style. As such, the book should appeal to students, graduate students as well as professional academics with an interest in analytic moral philosophy. (shrink)

Of the unusual grammatical constructions which Statius employs for the sake of variety and novel effect, among the most remarkable is his use of the ablative case. There are striking instances at Th. 8. 157, Th. 10. 309, Ach. 1. 219, Ach. 2. 129; and W. C. Summers was led to say: ‘We see some traces in Valerius of the lax use of this case which became almost a disease with Statius, who employs it for almost any (...) kind of idea.’ There are three passages in Statius which have been misinterpreted or emended through the failure to recognize a use of the ablative to which he was especially prone—the local ablative where the poetic dative of ‘motion towards’ would seem more normal. I shall first list examples of this use in Statius where there is little or no doubt about interpretation or reading, and in the light of this accumulated evidence consider the three passages which are disputed. (shrink)

Know how and ability have a seemingly fraught relationship. I deepen the tension here, by arguing for two new pieces of data concerning know how and ability. First, know how ascriptions have two distinct readings that differ in their entailments to ability: one entails ability, the other does not. Second, in certain cases, the indeterminacy of certain ability claims infects both readings of know how claims. No existing accounts of the relationship between know how and ability captures both data points, (...) I argue; but a certain kind of intellectualism has special resources to account for them. Ascriptions of knowledge of infinitival questions give rise to a distinctive kind of context-sensitivity specific to infinitivals. I show how on an intellectualist view where, very roughly, knowing how to do something is knowing an answer to an infinitival question about your abilities, this context-sensitivity accounts for the relationship between know how and ability. (shrink)

Without drastic adjustment, this system cannot last much longer," writes Van Reybrouck. "If you look at the decline in voter turnout and party membership, and at the way politicians are held in contempt, if you look at how difficult it is to form governments, how little they can do and how harshly they are punished for it, if you look at how quickly populism, technocracy and anti-parliamentarianism are rising, if you look at how more and more citizens are longing for (...) participation and how quickly that desire can tip over into frustration, then you realize we are up to our necks." Not so very long ago, the great battles of democracy were fought for the right to vote. Now, Van Reybrouck writes, "it's all about the right to speak, but in essence it's the same battle, the battle for political emancipation and for democratic participation. We must decolonize democracy. We must democratize democracy." As history, Van Reybrouck makes the compelling argument that modern democracy was designed as much to preserve the rights of the powerful and keep the masses in line, as to give the populace a voice. As change-agent, Against Elections makes the argument that there are forms of government, what he terms sortitive or deliberative democracy, that are beginning to be practiced around the world, and can be the remedy we seek. In Iceland, for example, deliberative democracy was used to write the new constitution. A group of people were chosen by lot, educated in the subject at hand, and then were able to decide what was best, arguably, far better than politicians would have. A fascinating, and workable idea has led to a timely book to remind us that our system of government is a flexible instrument, one that the people have the power to change. (shrink)

In Harry Frankfurt’s seminal “Alternate Possibilities and Moral Responsibility,” he advances an argument against the Principle of Alternate Possibilities: if an agent is responsible for performing some action, then she is able to do otherwise. However, almost all of the Frankfurt cases in this literature involve impermissible actions. In this article, I argue that the failure to consider other deontic categories exposes a deep problem, one that threatens either to upend much current moral theorizing or to upend the relevance of (...) Frankfurt cases. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 (...) at his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

Book Abstract -/- A Case for Necessitarianism Amy Karofsky orcid: 0000-0003-4397-4203 -/- The book provides a case for and explanation of necessitarianism—the view that absolutely nothing about the world could have been otherwise in any way whatsoever—and a refutation of contingentarianism—the view that at least some thing could have been different otherwise. Because it is the first defense of necessitarianism in over 300 years, it fills a significant gap in Western philosophical literature. -/- The book is aimed at (...) upper-level undergraduate and graduate students in philosophy and philosophers interested in the metaphysics of modality. As it is the only contemporary defense of necessitarianism, this will be the first time that such readers will be able to consider a comprehensive account and support of the necessitarian position and its merits. It may also affect a change in philosophical thought—one that would move philosophy towards a more realistic and scientific explanation of the universe and everything in it. -/- The book contains an Introduction that explains key terms and four chapters. Chapter 1 shows that there is inadequate justification for contingentarianism; Chapter 2 proves that no theory of contingentarianism can succeed; Chapter 3 provides support for necessitarianism; and Chapter 4 responds to objections. (shrink)

Measures are designed to evaluate the processes and outcomes of care associated with the delivery of clinical (and non-clinical) services. They allow for intra- and interorganizational comparison to be used continuously to improve patient health outcomes. The use of performance measures always means to abstract the complex reality (medical scenarios and procedures) in order to provide an understandable and comparable output. Measures can focus on global performance. The more detailed data are available the more specific judgements with respect to the (...) appropriateness of clinical decision-making and implementation of evidence are feasible. Externally reported measures are intended both to inform and lead to action. By providing this information, deficiencies in patient care and unnecessary variations in the care process can be uncovered. Such variations have contributed to disparities in morbidity and mortality. The developments in information technology, especially world-wide interconnectivity, standards for electronic data exchange and facilities to store and manage large amounts of data, offer the opportunity to analyse health-relevant information in order to make the delivery of healthcare services more transparent for consumers and providers. Global performance measures, such as the overall life expectancy (mortality) in a country, can give a rough orientation of how well health systems perform but they do not offer general solutions nor spe-cific insights into care processes that have to be improved. In contrast to population-based measures, case-based performance measures use a defined group of patients depending on specific patient characteristics and features of disease. By means of these measures we are able to compare the number of patients that receive a necessary medical procedure against those patients who do not. The use of case-based measures is a bottom-up approach to improve the overall performance in the long run. They are not only a tool for global orientation but can offer a straightforward link to the areas of deficient care and the underlying procedures. Performance measures are relevant to providers as well as consumers, from their own individual perspective. Cased-based measures focus on the management of individual patient. This approach to performance measurement can inform physicians in a meaningful and constructive way by monitoring their individual performance and by pointing out possible areas of improvement. (shrink)

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the (...) threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good. (shrink)

The legalisation of physician assisted suicide in Oregon and physician assisted death in the Netherlands has revitalised the debate over whether and under what conditions individuals should be able to determine the time and manner of their deaths, and whether they should be able to enlist the help of physicians in doing so. Although the change in the law is both dramatic and recent, the basic arguments for and against have not really changed since the issue was debated by Glanville (...) Williams and Yale Kamisar nearly 50 years ago. In this paper, the author argues in favour of Kamisar’s consequentialist framework. Any change in law and social policy should not be based solely on individual cases, heart wrenching though these may be. Instead, we need to assess the need for PAS, and weigh this against the risks of mistake and abuse. (shrink)

Most philosophers of art assume that there are three categories with regard to arthood, namely ‘art’, ‘artful’ and ‘non-art’ and that, therefore, a definition must be able to account for ‘artful items’, also called ‘borderline cases of art’. This article, however, defends the thesis that, since there is no agreement over which items fall under the category ‘artful’, the ability to account for borderline cases of art should not be used as a criterion for evaluating definitions of art. The defended (...) thesis is important, not merely because it reveals that virtually all alleged descriptive definitions of art have strong recommendatory consequences, but also because the thesis has implications for the artefacts that are considered to be borderline cases of art. (shrink)

It seems commonly assumed that presenting data is value-neutral. The data is what it is, and it is for those assessing it to make judgments of value. So a chart of earnings just tells us what a company has earned. The chart does not tell us whether the earnings are a good or bad sign. That valuation is to be made by those looking at the chart and is independent of the chart itself. This view of the relation between presentations (...) of data and value judgments is mistaken. Presentations are value-laden in at least two ways. How we choose to represent data is itself an ethically loaded value-judgment, and, second, presentations cause responses, including value-laden judgments. We shall first look at how hard it can be to get inside a profession to be able to understand the problems those in that profession face so we can represent it properly. We shall then examine a case where a failure to understand the problem led to a mistaken moral judgment that has taken on a life of its own because of the power of how the problem is mistakenly presented. (shrink)

In this chapter I seek to provide a theoretical defense of workplace democracy that is independent from and outside the lineage of Marxist and communist theory. Common to the council movements, anarcho- syndicalism and many other forms of libertarian socialism was the idea “that workers’ self- management was central.” Yet the idea of workers’ control has not been subject to the same theoretical development as Marx’s theory, not to mention capitalist economic theory. This chapter aims to contribute at a theoretical (...) level by providing a justification and defense of self- managed workplaces that is independent of the particular historical tradition of the council movements. There is a clear and definitive case for workplace democracy based on first principles that descends to modern times through the Reformation and Enlightenment in the abolitionist, democratic and feminist movements. By the twentieth century, the arguments had been scattered and lost – like the bones of some ancient beast scattered in a desert – partly due to misconceptions, mental blocks and misinterpretations embodied in Marxism, liberalism and economic theory. When one has worked through some of these intellectual roadblocks, then one may be better able to reassemble the case for workplace democracy from well- known first principles developed in the abolitionist, democratic and feminist movements. (shrink)

The aim of this study was to conduct an interpretative phenomenological analysis exploring the experiences of differently abled first-year students from a psychofortological perspective. Ryff’s psychological well-being model was used as a theoretical underpinning. Through the course of an academic year, three male participants completed semi-structured interviews and reflective writing exercises. Data were analysed using interpretative phenomenological analysis. A cross-case analysis yielded themes related to participants’ dynamic processes of finding purpose, direction and independence, as well as belonging, positive relations, (...) self-acceptance and mastery. Collectively, the findings demonstrated how the participants moved from viewing themselves as disabled to differently abled, and that, despite numerous challenges, psychological well-being can be facilitated through the first-year higher education experience. (shrink)

This article contrasts the Caseness and Narrative approaches for treating individuals who are psychiatrically labelled. In Caseness a "mental health professional" negatively values those symptoms believed to be caused by a physical pathology. In the subsequent labeling of the "patient" a transfer of ownership of the person's body to the "medical system" occurs. Intervention ensues, by coercion and force if deemed necessary, to stop symptom expression. In contrast, the Narrative approach looks upon periods of distress as potentially transformative experiences within (...) the context of a life story. The complexity captured by a "narrative web," the emphasis on a dynamic self able to make choices, and a sense of closure are among the properties that Narrative highlights. This approach also helps redress the power disparity inherent in Caseness by letting the distressed person establish the discourse from which a dialogue can ensue. This article argues that the Narrative approach provides a more humane and healing context for people who are psychiatrically labeled. (shrink)

The free will debate is a modal one--if determinism is true, can agents ever do other than what they do? Compatibilists have tried to show that statements about what an agent could have done are deductible to statements about what she would have done if certain conditions had obtained. But recent developments in modal logic and the logic of counterfactuals provide arguments that no such analysis can succeed. There is in the literature no satisfactory reply to these arguments, and some (...) compatibilists have retreated to the position that freedom in the sense worth wanting does not require being able to do otherwise. I argue that this retreat is both misguided and unnecessary. ;In Chapter One I examine a formal modal argument which Ginet and van Inwagen offer as a reconstruction of the reasoning that people actually use in concluding that determinism and freedom are incompatible. Although the argument has a form that is valid in the standard modal logics, I show that it is not valid for the kind of necessity at issue. ;If a causally determined agent were to do otherwise, either the past or the laws would be different. In Chapter Two I show that this does not commit the compatibilist to the claim that determined agents can change the laws or the past. ;The incompatibilist argues that deterministic laws prevent us from exercising any ability other than the one we in fact exercise. In Chapter Three I argue that abilities are a species of capacity, that capacities are not dispositions, and that determined agents are ordinarily able to exercise unexercised abilities. ;Frankfurt and Dennett claim to have counterexamples to the thesis that responsibility and the kind of freedom worth wanting require being able to do otherwise. In Chapters Four and Five I explain why their cases do not undermine the traditional debate. They are right in thinking that much of what we value about freedom is what distinguishes us from less complex parts of nature--our psychological abilities. But they are wrong in thinking that it doesn't matter whether we are able to do otherwise. (shrink)

The explanation of the phenomenon of Brownian motion, given by Einstein in 1905 and based on the kinetic–molecular conception of matter, is considered one of the fundamental pillars supporting atomism in its victorious struggle against phenomenological physics in the early years of this century. Despite the importance of the subject, there exists no specific study on it of sufficient depth. Generally speaking, most histories of physics repeat the following scheme: the discovery made by Robert Brown in 1827 , of the (...) continuous movement of small particles suspended in a fluid did not arouse interest for a long time. Finally, at the close of the century, Gouy's research brought it to the attention of the physicists. Gouy was convinced that Brownian motion constituted a clear demonstration of the existence of molecules in continuous movement. Nevertheless, he did not work out any mathematized theory that could be subjected to quantitative confirmation. All nineteenth-century research remained at the qualitative level and yet it was able to clarify some general characteristics of the phenomenon: the completely irregular, unceasing, motion of the particles is not produced by external causes. It does not depend on the nature of the particles but only on their size. The first significant measurements, carried out by Felix Exner in 1900, appeared to deny the possibility of reconciling the kinetic theory with Brownian motion. The discovery of the ultra-microscope then allowed Zsigmondy to perceive the presence of movements, which were completely analogous to Brown's, in the particles of the colloids; these movements were rather smaller in size than those invesigated up to then. Thus Zsigmondy aroused interest in the phenomenon. Finally, in 1905, Einstein succeeded in stating the mathematical laws governing the movements of particles on the basis of the principles of the kinetic–molecular theory. The following year Smoluchowski arrived at conclusions which corresponded to Einstein's. These laws received a first, rough confirmation in the years immediately following by the work of The Svedberg, Seddig and, for some historians, Henri. Then in 1908 Jean Perrin gave it a definitive confirmation. (shrink)

This paper is a re-examination of Popper’s propensity interpretation of probability in respect of its potential methodological value in social science. A long standing problem for the frequency interpretation of probability is that whilst it is able to treat both aggregate and individual phenomena as having measurable properties, it cannot explain the ontological relationship between such concrete individual cases and aggregates. Popper’s interpretation treats single cases as both real, but also as realisations of a propensity to occur. The frequency and (...) propensity interpretations are compared and whilst some common objections raised must be upheld, they do not devalue the importance of the propensity interpretation as at least a metaphysical basis for probabilistic claims in social science. However the value of the approach may also lie in its methodological potential. Here I sugest that single case probabilities must be analysed in terms of the anterior probabilities of prior constituent events. In this I move beyond Popper’s own programme, but suggest that such a move is theoretically compatible with recent complexity approaches in social science and goes some way toward meeting anti-naturalist concerns about intentionality. (shrink)

Unlike the relativistic theses drawn from physics, normative relativisms involve relativization not to frames of reference but to something like our standards, standards that we have to be able to think of ourselves as endorsing or accepting. Th us, moral facts are to be relativized to moral standards and epistemic facts to epistemic standards. But a moral standard in this sense would appear to be just a general moral proposition and an epistemic standard just a general epistemic proposition. Pulling off (...) either relativism, then, requires not just relativizing the facts in the domain in question to the relevant standards; it requires taking a non-absolutist view of the standards themselves. Otherwise a commitment to absolute truths in the domain in question will show up in one’s attitude towards the standards themselves. But it is very hard to see how to take a genuinely non-absolutist attitude towards the standards themselves. That, in essence, is the difficulty for a relativistic view of a normative domain that I tried to develop in Chapter 6 of Fear of Knowledge. In their commentaries, Gideon Rosen and Ram Neta come up with ingenious ways of attempting to circumvent that difficulty. In my reply, I try to explain why I don’t believe they succeed. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. (...) Professional law teachers design teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

I go on here with my endeavor to ascertain intrinsic-theoretical elements that are explicitly or implicitly present in O’Shaughnessy’s remembrance account of inner awareness, or the immediate cognitive awareness that we have of some of our own mental-occurrence instances. According to an intrinsic theory of such awareness, a directly apprehended state of consciousness includes in its own structure inner awareness of itself. I seek to understand those distinct mental-occurrence instances which O’Shaughnessy holds are the cognitive inner awarenesses of our experiences. (...) They are memory experiences, he claims, owed to latent knowledge of one’s experiences that is acquired automatically as a direct effect of their occurrence. These remembrances are more akin to thought experiences than to perceptual experiences that apprehend their objects directly; indeed, they seem to be, strictly, actualizations of conceptual capacities. So, queries regarding their contents revert to queries regarding the latent knowledge that informs them. How does our author propose one directly gains this latent knowledge of experiences? This question leads us back to what the cognitive effects may be of the purely extensional, non-intentional awareness that he posited both in the perceptual and in the reflexive case. It turns out that the latent perceptual beliefs are directly acquired only via perceptions-as, which are occurrent cognitive effects of basic, purely extensional, perceptual experiences. Also, they are conceived of as instances of both outer and inner awareness. Otherwise, the respective acquired perceptual belief would not be able to pick out the outer object that it is about; the corresponding perception-as concretely singles out its outer object as what is being perceptually experienced. Similarly, and after all, O’Shaughnessy allows a spontaneous thought experience is often inner awareness of itself; he proposes it usually has a single proposition as its whole content and comes to its owner standing to the world in the truth-relation. This would seem to make of most such thoughts, awarenesses with outer objects and themselves as objects of inner awareness. I conclude that O’Shaughnessy has not managed to sustain his denial of cognitive inner awareness that takes place along with directly apprehended experiences as each of these transpires. (shrink)

Th i s study is a quick take on how pedagogical research and journalism ethics case study methodology can be combined with a creative formulation and applied to the classroom. The result is a more active, engaging, and meaningful experience for students as they are able to build relations between and among journalistic values in case studies of their own creation.

The demand for liver transplants continues to far exceed the number of available viable donor organs; hence, it is of utmost importance to determine those individuals who are best able to care for these valuable, limited resources as potential recipients. At the same time, psychiatric comorbidity is common in the course of end-stage liver disease and can be mutually complicating. This article focuses on liver transplant candidacy from a psychiatric perspective, using illustrative cases to underscore the foundational facets of medical (...) ethics that serve as the guide to these complex medical and ethical decisions. (shrink)

Access to abortion care has been hugely affected by the COVID-19 pandemic. This has prompted several governments to permit the use of telemedicine for fully remote care pathways, thereby ensuring pregnant people are still able to access services. One such government is that of England, where these new care pathways have been publicly scrutinised. Those opposed to telemedical early medical abortion care have raised myriad concerns, though they largely centre on matters of patient safeguarding. It is argued that healthcare professionals (...) cannot adequately carry out their safeguarding duties if the patient is not in the room with them. These concerns lack empirical support. Emerging evidence suggests that safeguarding processes may, in fact, be more effective within telemedical abortion care pathways. In this article, we address two specific safeguarding concerns: (1) that a remote consultation prevents a healthcare professional from identifying instances of abuse, and (2) that healthcare professionals cannot reliably confirm the absence of coercion during a remote consultation. We demonstrate that such concerns are misplaced, and that safeguarding may actually be improved in telemedical care pathways as victims of abuse may find it easier to engage with services. It is inevitable that some individuals will fall through the net, but this is unavoidable even with in-person care and thus does not constitute a strong critique of the use of telemedicine in abortion care. These safeguarding concerns set aside, then, we argue that the current approval that enables telemedical early medical abortion should be afforded permanence. (shrink)

In unconditionally secure protocols, a sender and receiver are able to communicate their secrets to each other without the eavesdropper(s) being able to learn the secret, even when the eavesdropper intercepts the entire communication. We investigate such protocols for the special case of deals of cards over players, where two players aim to communicate to each other their hand of cards without the remaining player(s) learning a single card from either hand. In this contribution we show that a particular (...) protocol of length strictly larger than two (i.e., consisting of more than just one announcement by one player, and one other announcement by the other player) is after all not acceptable, and therefore does not constitute a new solution. The demonstration requires a detailed case-based analysis. The result may bring a general approach to arbitrary finite-length protocols closer. (shrink)

How should we proceed when searching for justified answers to normative questions? A prominent proposal is to use the method of reflective equilibrium (RE). Its basic Idea—that we should start from our existing judgments about relevant cases and bring them into equilibrium with systematic principles—is readily recited, but beyond that, conceptions of RE often stay sketchy. RE is seldom explicitly implemented, which makes it difficult to critically evaluate the method and to assess its potential. In my dissertation, I present the (...) first explicit and detailed case study for an application of RE, using it to develop and defend a precautionary principle. -/- The dissertation is divided in two parts, a theoretical and an applied part. In part I, I introduce and operationalize a specific conception of RE. I first describe the central elements of RE by drawing on the most elaborate and fleshed-out conceptions of RE that can be found in the literature. Then, I survey and analyze previous applications of RE in order to both learn from them and identify desiderata for my own case study. Based on a small-scale, exploratory case study, the method is further concretized and operationalized for the implementation in my main case study on the justification of a precautionary principle. -/- In part II, this operationalization is tested in a complex case study that aims at justifying a precautionary principle which is applicable to problems arising from global climate change. In order to be able to select relevant commitments about central problems concerning precautionary principles (PPs), I start with a literature survey. The survey gives an overview on existing proposals for PPs, on which grounds they are defended, and the main objections against them. On this basis, I develop and describe the initial setup for the case study, which is conducted in three main steps and allows to examine different aspects of a RE-application. Thereby, I show that RE can be applied successfully to real problems. I go on to discuss a number of points that are not given sufficient attention in the RE literature so far. With respect to precautionary principles, I show how the commonly discussed principles fail to do justice to ethical considerations, and argue that the application of such principles should instead be triggered by threats of rights violations. (shrink)

Computers may help us to better understand (not just verify) arguments. In this article we defend this claim by showcasing the application of a new, computer-assisted interpretive method to an exemplary natural-language ar- gument with strong ties to metaphysics and religion: E. J. Lowe’s modern variant of St. Anselm’s ontological argument for the existence of God. Our new method, which we call computational hermeneutics, has been particularly conceived for use in interactive-automated proof assistants. It aims at shedding light on the (...) meanings of words and sentences by framing their inferential role in a given argument. By employing automated theorem reasoning technology within interactive proof assistants, we are able to drastically reduce (by several orders of magnitude) the time needed to test the logical validity of an argu- ment’s formalization. As a result, a new approach to logical analysis, inspired by Donald Davidson’s account of radical interpretation, has been enabled. In computational hermeneutics, the utilization of automated reasoning tools ef- fectively boosts our capacity to expose the assumptions we indirectly commit ourselves to every time we engage in rational argumentation and it fosters the explicitation and revision of our concepts and commitments. (shrink)

A number of philosophers have offered quasi-perceptual theories of desire, according to which to desire something is roughly to “see” it as having value or providing reasons. These are offered as alternatives to the more traditional Humean Theory of Motivation, which denies that desires have a representational aspect. This paper examines the various considerations offered by advocates to motivate quasi-perceptualism. It argues that Humeanism is in fact able to explain the same data that the quasi-perceptualist can explain, and in one (...) case the Humean explanation is superior. Quasi-perceptual accounts of desire, the paper concludes, are for the most part unmotivated. (shrink)

Transitioning to food systems that are equitable, resilient, healthy and environmentally sustainable will require the cultivation and diffusion of transformational sociotechnical innovations—and grassroots movements are an essential source of such innovations. Within the literature on strategic niche management, government-provided ‘protected spaces’ where niche innovations can develop without facing the pressures of the market is an essential part of sustainability transitions. However, because of their desire to _transform_ rather than _transition_ food systems, grassroots movements often struggle to acquire such protected spaces (...) and so must determine how and where to generate change whilst being marginalised and exposed to unprotected spaces. The aim of this research is to gain a precise view of the multiple touchpoints of marginalisation that exist across the grassroots-government interface and to apply a new framework for conceptual analysis of these touchpoints that can help to identify where and how grassroots movements might be able to push against this marginalisation. The study finds that, by applying a ‘who, what, where’ framework of analysis to policies across this interface, it is possible to find pathways forward for achieving small wins towards food systems transformation. (shrink)

Most modern scholars seem to assume that Buddhist monks in early India had a good knowledge of Buddhist doctrine and at least of basic Buddhist texts. But the compilers of the vinayas or monastic codes seem not to have shared this assumption. The examples presented here are drawn primarily from one vinaya , and show that the compilers put in place a whole series of rules to deal with situations in which monks were startlingly ignorant of both doctrine and text. (...) One of these examples is particularly interesting for what it suggests about the linguistic sophistication of nuns, and another because it presents a case in which a nun is required to fill an important liturgical role in public and in the presence of monks. (shrink)

In the late 1990s, computational technology had advanced sufficiently that astrophysicists were able to construct reasonably high resolution computer simulations of the Local Group of galaxies. These simulations indicated there should be around 250 small satellite galaxies orbiting the Milky Way and Andromeda. In the real Local Group, however, only around 40 satellites had been observed, and only twenty or so more have been discovered since then. Despite this discrepancy in numbers, claims have been made in recent years that the (...) ‘missing satellites problem’ has been solved. Using the examples of the constructed luminosity curve, and hydrodynamic simulations, this paper explores how simulations are used in conjunction with observation to ‘solve’ the missing satellites problem. It is suggested that the simulated universes have sufficient complexity to be understood as worlds in their own right, ones that can be measured and observed. By demonstrating that these virtual worlds are sufficiently ‘realistic’ with respect to observations, astrophysicists are able to make a robust argument for the existence of ‘dark’, non-observable astrophysical objects. Observational and simulated data are combined to demonstrate the plausibility—a term that develops more ontologically meaningful connotations—of both the existence and the maintenance of dark satellites. It is thus through the conflation of the real and virtual worlds, the blending of simulation data with empirical data, that the missing satellites problem is ‘solved’. (shrink)

Due to the growing emphasis on the importance of the rights and entitlements of non-human animals, horseracing has come in for renewed and, in many instances, justifiable scrutiny. This has led to an ongoing public debate concerning the use of the padded whip in particular – a debate which has been reasonably open and well contested. However, the scientific/academic debate has been disappointingly one-sided and, to date, the views of anyone other than those opposed to the continued use of the (...) padded whip have not been given an airing. This paper seeks to redress the imbalance in the academic debate by revisiting some of the key arguments deployed by authors who express grave concerns over the use of the padded whip in racing, challenging what are taken to be significant weaknesses in many of them. For the sport to be able to make informed policy decisions on this important issue, a number of things are needed. First, a critical review of the studies available is needed. And, secondly, gaps in the literature and research need to be flagged. As things stand, the jury is still out from a scientific and philosophical point of view on the issue of whether the padded whip is painful, despite the claims of some of the more vocal critics of the practice. This paper will further look to identify the challenges ahead and the kind of research urgently needed. (shrink)

Whether one believes that the embryo has rights from the instant of conception, or that the embryo has no moral rights at all, the conclusion about the fate of unused frozen embryos is the same: they ought to be preserved in their frozen state until they are implanted in a woman's womb or are no longer able to survive implantation.

In unpacking the nature of deception, we'll want to ask what conditions would need to be met in order rightly to conclude that an act of deception has taken place. The literary stories about Sherlock Holmes provide a large pool of examples of misdirection, whereby Holmes is able to stay one step ahead of his adversaries. These examples are used to show the inadequacy of a number of purported definitions of deception. I then settle on one definition that does seem (...) adequate. One odd outcome of the discussion is that Holmes and his nemesis, Moriarty, actually do not engage in a contest of deception with one another. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 38.1 (2000) 27-40 [Access article in PDF] Sensible Qualities: The Case of Sound Robert Pasnau University of Colorado 1. Background The Aristotelian tradition distinguishes the familiar five external senses from the less familiar internal senses. Aristotle himself did not in fact use this terminology of 'external' and 'internal,' but the division became common in the work of Arab and Hebrew philosophers, and (...) in the Latin West the distinction is taken for granted.1 I am going to put to one side the obscurities involved in the various internal senses of phantasia, imagination, memory, etc.; I will instead focus on the external senses. These five external senses—sight, hearing, smell, taste, touch—have their familiar counterparts in the external world: color, sound, odor, flavor, and the various tangible qualities. (The tangible qualities, unfortunately, resist being reduced to a single genus, and are typically listed as hot and cold, wet and dry, etc., where this etc. stands in for the complete list that one might or might not be able to give.2 ) These sensibilia (I will simply speak of sensibles) were known as the proper or special objects of the external senses.In addition to these proper objects, the senses were taken to have five common objects—size, shape, number, motion, rest—and also an unlimited variety of incidental objects, the per accidens sensibles—Coriscus, one's enemy, a horse race, etc. These per accidens sensibles are in a way the most interesting and important sense objects of all. They are interesting, first, inasmuch as one of the hardest and most interesting problems about perception is the problem of seeing as, which seems to be precisely the phenomenon at issue [End Page 27] here. They are important, also, inasmuch as genuine perception, as we now think of it, almost always involves the perception of something sensible per accidens. Our everyday sensory experiences revolve around the experience of seeing objects of certain kinds. We can of course step back and decide that what we are really seeing is colors and shapes. But that is not how we ordinarily see things.Despite their interest and importance, I want to put aside these per accidens sensibles, and focus instead on the common and proper sensibles, both of which Aristotle described as sensible per se (kath' hauta). In his classic statement on the objects of sensation, at De anima II 6, 418a7-25, Aristotle suggests that the grounds for distinguishing the per se from the per accidens are that the former sensibles are capable in their own right of making an impression on the senses. Color itself affects the external senses, and so does size. Coriscus, however, considered as Coriscus, does no such thing. He affects the senses only inasmuch as he is colored, perfumed, etc.3 To focus on the per se sensibles, then, is to focus on those things in the world that are suited to make impressions on the external senses.Why are some such sensibles proper, whereas others are common? The well-known rule of thumb here, reflected in how we refer to these sensibles, is that each proper sensible can be perceived by only one of the external senses. The common sensibles are those per se sensibles that fail this test. (Note that, of the common sensibles, only number, movement and rest are truly common to all five of the senses; shape and size are perceptible only by touch and sight.4 ) It is not clear, however, that this is the appropriate criterion for distinguishing the proper from the common sensibles. Albert the Great, for instance, argues that a proper sensible must meet three tests: (1) It is sensed by only one sense; (2) this sense is not capable of error with respect to it; and (3) the organ of this sense is naturally suited to be affected by it alone.5 The last of these tests is problematic, however, for at least two reasons. First, it is problematic for touch, given that the tangible qualities resist being reduced to a single genus. Second, more seriously... (shrink)

The centrality of trust in traditional doctor–patient relationships has been criticized as inordinately paternalistic, yet in today's discussions about medical ethics—mostly in response to disruptive innovation in healthcare—trust reappears as an asset to enable empowerment. To turn away from paternalistic trust‐based doctor–patient relationships and to arrive at an empowerment‐based medical model, increasing reference is made to the importance of nurturing trust in technologies that are supposed to bring that empowerment. In this article we stimulate discussion about why the move towards (...) patient empowerment may not be able to keep clear of the criticism of trust in traditional patient–doctor relationships. First, we explore how such a shift in trust dynamics might corrode patient empowerment in the name of patient empowerment. Second, we examine how a translocation of trust may at best push the “trust issue” elsewhere and at worst make it harder to evaluate trustworthiness. (shrink)

The case study method offers a hands-on inquiry based method for teaching leadership traits. With this in mind, the case study method is used to provide opportunities for middle school students to analyze a situation and the actions of the case study charactcrs and to identify leadership behaviors. The use of the case study method allows instructors to teach character education to this group of middle school students by promoting the use of critical thinking skills through (...) small group discussions and reflections. The staff is confident by using this method that the students are able to analyze, discuss, and draw conclusions for discussions in small groups. (shrink)

BackgroundMoral Case Deliberation is a specific form of bioethics education fostering professionals’ moral competence in order to deal with their moral questions. So far, few studies focus in detail on Moral Case Deliberation methodologies and their didactic principles. The dilemma method is a structured and frequently used method in Moral Case Deliberation that stimulates methodological reflection and reasoning through a systematic dialogue on an ethical issue experienced in practice.MethodsIn this paper we present a case-study of a (...) Moral Case Deliberation with the dilemma method in a health care institution for people with an intellectual disability, describing the theoretical background and the practical application of the dilemma method. The dilemma method focuses on moral experiences of participants concerning a concrete dilemma in practice. By an in-depth description of each of the steps of the deliberation process, we elucidate the educational value and didactics of this specific method.ResultsThe didactics and methodical steps of the dilemma method both supported and structured the dialogical reflection process of the participants. The process shows that the participants learned to recognize the moral dimension of the issue at stake and were able to distinguish various perspectives and reasons in a systematic manner. The facilitator played an important role in the learning process of the participants, by assisting them in focusing on and exploring moral aspects of the case.DiscussionThe reflection and learning process, experienced by the participants, shows competency-based characteristics. The role of the facilitator is that of a Socratic teacher with specific knowledge and skills, fostering reflection, inquiry and dialogue.ConclusionThe specific didactics of the dilemma method is well suited for teaching bioethics in clinical settings. The dilemma method follows an inductive learning approach through a dialogical moral inquiry in which participants develop not only knowledge but also skills, attitude and character. The role of a trained facilitator and a specific view on teaching and practicing ethics are essential when using the dilemma method in teaching health care professionals how to reflect on their own moral issues in practice. (shrink)

The Principle of Sufficient Reason is very seldom, if ever, referred to in the works of whom we might think of as the eminent Asian metaphysicians. In spite of this, the big picture metaphysical views available in the thought of philosophers such as Nāgārjuna, Fazang and Nishida appear to share certain structural features with views more familiar to us from our own tradition; views that explicitly accept or reject the Principle of Sufficient Reason. Nāgārjuna looks to develop a kind of (...) metaphysical infinitism, Fazang an extreme form of coherentism, and Nishida a species of foundationalism. These three positions - infinitism, coherentism and foundationalism - are typically thought to exhaust the spread of possibilities by those working within the Western tradition. -/- In spite of their similarities to positions advanced within our own tradition, the cosmologies of many of the giants of Asian philosophy are characterised by their rather striking conclusions. Amongst such conclusions for Nāgārjuna is that everything is empty; for Fazang that everything is identical to everything else; and for Nishida that everything depends on absolute nothingness. If the Principle of Sufficient Reason is playing a role in the derivation of such striking conclusions, then it looks that there are more options regarding the metaphysical structure of the world available to us than our own tradition typically courts. If, on the other hand, these striking cosmological conclusions are arrived at without any consideration of sufficient reason, then there may well be ways of reasoning about the overarching structure of reality that are powerful but unfamiliar to Western thinking. In this contribution, I explore what, if any, role the PSR might be playing in the thought of Nāgārjuna , Fazang and Nishida, and what we might be able to learn from it. (shrink)

The science and technology of genetic testing is rapidly advancing with the consequences that genetic testing may well offer the prospect of being able to detect the onset of future disabilities. Some recent research also indicates that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed and win or the propensity for risk-taking, which may be of interest to third parties. However, as this technology becomes more prevalent there is a danger that the genetic (...) information may be misused by entities such as employers, insurance companies, educational facilities, and finance companies and that people with particular genetic profiles may be discriminated against.This book explores the different types and the potential uses of genetic testing. The book highlights the ethical and legal dilemmas and the challenges arising as a result of emerging and rapidly advancing genetic science. Chapters in the book assess the importance and impact of the US Genetic Information Non-Discrimination Act (GINA) in the employment and health insurance contexts asking whether it is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating individuals' fears of discrimination. The book then goes on to make the case for regulation at the European Union level in order to protect the privacy of genetic information and to prevent the discriminatory use of genetic information in Europe. It considers what can be learnt from the experience of the US in addressing ethical and legal issues as well as the impact that the UN Convention on the Rights of Persons with Disabilities is having on this debate within the EU. (shrink)

This paper is concerned with events that were the subject of an inquest into the deaths of 12 children who died while undergoing or shortly after having undergone cardiac surgery at the Winnipeg Health Sciences Centre, Manitoba, Canada, during 1994. A notable finding of the Sinclair Inquest was that nurses involved with the pediatric cardiac surgery program were concerned about the competence of the surgeon and made sustained efforts throughout 1994 to have these concerns addressed. That the nurses’ concerns were (...) not taken seriously is the central problem of this paper. Essentially, the position articulated is that gendered and gendering discourses constituted a form of power that structured the field of nurses’ possible actions. These discourses constituted a resource to make nurses knowable, to produce them as certain forms of the person, and were therefore part of what governed nurses everyday conduct. Though neither simply good nor bad in themselves, in this case, these discourses had constraining effects on how nurses were able to conduct themselves. (shrink)