This paper makes a novel linkage between the multiple-computations theorem in philosophy of mind and Landauer’s principle in physics. The multiple-computations theorem implies that certain physical systems implement simultaneously more than one computation. Landauer’s principle implies that the physical implementation of “logically irreversible” functions is accompanied by minimal entropy increase. We show that the multiple-computations theorem is incompatible with, or at least challenges, the universal validity of Landauer’s principle. To this end we provide accounts of both ideas (...) in terms of low-level fundamental concepts in statistical mechanics, thus providing a deeper understanding of these ideas than their standard formulations given in the high-level terms of thermodynamics and cognitive science. Since Landauer’s principle is pivotal in the attempts to derive the universal validity of the second law of thermodynamics in statistical mechanics, our result entails that the multiple-computations theorem has crucial implications with respect to the second law. Finally, our analysis contributes to the understanding of notions, such as “logical irreversibility,” “entropy increase,” “implementing a computation,” in terms of fundamental physics, and to resolving open questions in the literature of both fields, such as: what could it possibly mean that a certain physical process implements a certain computation. (shrink)

Globalisation, repeated economic (financial) crisis and other contemporary social processes are changing the capability of the state to provide individual social security and guarantee human rights. There is therefore a need to review social policy guidelines and their implementation measures. The problem is how to develop the social security system of state, so that human rights are not violated. For the reformation of the social security system to be consistent, it is also necessary to determine the principles on which the (...) social security system should be based. This article examines the concept of the principle of subsidiarity and its impact on the implementation of socio-economic human rights. The goal of this research is to explore theoretical aspects of application of principle of subsidiarity for ensuring the protection of socio-economic human rights and development of the policy of social security in Lithuania. In order to achieve this goal, the research starts from the analysis of the concept and origin of the principle of subsidiarity and its impact on the implementation of human rights. Further the constitutional basis and levels of application of this principle for implementation of socio-economic human rights are studied. Lastly, according to the principle of subsidiarity, some relevant issues of Lithuanian social security system are evaluated. (shrink)

The isolation principle rests on defining internal and external differentiation for each subset of at least two objects. Subsets with larger external than internal differentiation form isolated groups in the sense that they are internally cohesive and externally isolated. Objects that do not belong to any isolated group are termed solitary. The collection of all isolated groups and solitary objects forms a hierarchical (encaptic) structure. This ubiquitous characteristic of biological organization provides the motivation to identify universally applicable practical methods (...) for the detection of such structure, to distinguish primary types of structure, to quantify their distinctiveness, and to simplify interpretation of structural aspects. A method implementing the isolation principle (by generating all isolated groups and solitary objects) is proven to be specified by single-linkage clustering. Basically, the absence of structure can be stated if no isolated groups exist, the condition for which is provided. Structures that allow for classifications in the sense of complete partitioning into disjoint isolated groups are characterized, and measures of distinctiveness of classification are developed. Among other primary types of structure, chaining (complete nesting) and ties (isolated groups without internal structure) are considered in more detail. Some biological examples for the interpretation of structure resulting from application of the isolation principle are outlined. (shrink)

The article emphasizes the importance of the Charter of Local Self-Government to the Lithuanian national legal system. Lithuania has ratified the Charter, not only acknowledged, but also committed to implement its provisions. The Charter consists of 13 items representing the essence of local self-government, which sets the content and is the principal purpose of local public. The principles should be not only a declaratory move into the national legal system, but also recognized as a state’s obligation to follow them. The (...) article analyzes the content of the Charter principles, their incorporation level in the national legal system. During the study noted that between the executive and local authorities are the differences of interpreting and dysfunctions implemented a few principles of the Charter: subsidiary and decentralization, local government financial autonomy and the freedom of formation executive local bodies. (shrink)

BackgroundThe principle of equivalence in prison health has been established for nearly four decades. It seeks to ensure that prisoners have access to the same level of healthcare as members of society at large, which is entrenched within the international legal framework and England’s national health policies.AimsThis study examined how key policymakers interpret and implement the principle of equivalence in English prisons. It also identified opportunities and threats associated with the application of the principle.MethodsIn total, 30 policymakers (...) took part in this research. These participants engaged in policymaking activities and occupied positions of authority in the prison field.ResultsDespite the policymakers’ consensus on the importance of the equivalence principle, there was a varying degree of understanding regarding what constitutes ‘equivalence’. Participants described how the security culture impedes prisoners’ access to healthcare services. Additionally, the increasing size and complexity of the prison population, coupled with a diminishing level of resources, reduce the level of care being provided in prisons and thus compromise implementation of equivalence in English prisons.ConclusionsInconsistent interpretation of equivalence, the prevailing security drive, increasing numbers and health complexities of prisoners and fiscal austerity threaten the implementation of equivalence in English prisons. This research calls for new guidance on how to interpret and implement equivalence, along with measures to educate prison governors and staff on the prison rehabilitation value, ensure greater investment in prison health and consider alternatives to imprisonment to future-proof the principle of equivalence in the English prison system. (shrink)

The current environmental crisis can be approached, through many perspectives, as a civilizational crisis. Alternatives of human transcendence are identified in the Inca civilization to compensate for the malaise that characterizes the actual crisis. There is a multicultural dimension to the manifestations of Hoasca occurring in Amazonian countries. As employed by the Beneficent Spiritist Center União do Vegetal in a religious context, it can contribute to the reconstruction of buen vivir, which served as the principle of the civilizations that (...) preceded the colonization of the Americas by Europeans. Today, the State openly confronts the manifestation of the constitutional principles of buen vivir, religious freedom, and the protection of this cultural heritage. Here, the implications of the civilizational crisis and ways of overcoming it are approached from the standpoint of deep ecology, but the implications also reflect the doctrinal vision of the UDV to which the authors are affiliated. (shrink)

Jeremy Bentham's work on The Principles of Morals and Legislation emerges from its historic roots in hedonism and teleology as a scientific attempt to assess the moral content of human action by focusing on its results or consequences. Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is to (...) arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions. Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom. The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century. (shrink)

Developing and implementing artificial intelligence (AI) systems in an ethical manner faces several challenges specific to the kind of technology at hand, including ensuring that decision-making systems making use of machine learning are just, fair, and intelligible, and are aligned with our human values. Given that values vary across cultures, an additional ethical challenge is to ensure that these AI systems are not developed according to some unquestioned but questionable assumption of universal norms but are in fact compatible with the (...) societies in which they operate. This is particularly pertinent for AI research and implementation across Africa, a ground where AI systems are and will be used but also a place with a history of imposition of outside values. In this paper, we thus critically examine one proposal for ensuring that decision-making systems are just, fair, and intelligible—that we adopt a principle of explicability to generate specific recommendations—to assess whether the principle should be adopted in an African research context. We argue that a principle of explicability not only can contribute to responsible and thoughtful development of AI that is sensitive to African interests and values, but can also advance tackling some of the computational challenges in machine learning research. In this way, the motivation for ensuring that a machine learning-based system is just, fair, and intelligible is not only to meet ethical requirements, but also to make effective progress in the field itself. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show (...) the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto Act’), (...) it soon appeared that such a remedy could be considered ‘effective’ in so far as it was implemented in accordance with the ECtHR’s jurisprudence. Therefore a legal tool for the interaction between ECtHR and Italian courts had to be found. Nevertheless, the results of this interaction might suggest that the domestic remedy has neither increased the protection of the reasonable-time requirement in Italy nor is it the final solution to the ECtHR’s overload. (shrink)

The term ‘responsible AI’ has been coined to denote AI that is fair and non-biased, transparent and explainable, secure and safe, privacy-proof, accountable, and to the benefit of mankind. Since 2016, a great many organizations have pledged allegiance to such principles. Amongst them are 24 AI companies that did so by posting a commitment of the kind on their website and/or by joining the ‘Partnership on AI’. By means of a comprehensive web search, two questions are addressed by this study: (...) Did the signatory companies actually try to implement these principles in practice, and if so, how? What are their views on the role of other societal actors in steering AI towards the stated principles? It is concluded that some three of the largest amongst them have carried out valuable steps towards implementation, in particular by developing and open sourcing new software tools. To them, charges of mere ‘ethics washing’ do not apply. Moreover, some 10 companies from both the USA and Europe have publicly endorsed the position that apart from self-regulation, AI is in urgent need of governmental regulation. They mostly advocate focussing regulation on high-risk applications of AI, a policy which to them represents the sensible middle course between laissez-faire on the one hand and outright bans on technologies on the other. The future shaping of standards, ethical codes, and laws as a result of these regulatory efforts remains, of course, to be determined. (shrink)

The purpose of the study is to analyze the processes of implementing the import substitution policy, based on the use of techniques and methods of influencing participants in market relations used by public authorities, which make it possible to identify its strengths and weaknesses and build the author's vision of directions for its stabilization. The authors focus on the prevailing opinion on the phased implementation of the import substitution policy, as well as on its application as a retaliatory measure to (...) the current sanctions regimes. The analysis of scientific sources on the issues under study allows us to draw a conclusion about its special status as a tool for the development of territories. The scientific novelty of the article lies in the author's position of the reasons for the reduction in the production of the main import-substituting food products, as well as changes in the import supply of food products. As a result, the authors expressed the need to change the approaches used to stimulate the production of food products based on the principles of innovation and science. (shrink)

In this work, we present some traits of the socio-political and economic thought of Giuseppe Toniolo, who lived in Italy at the turn of the XIX and XX century, with special reference to the contribution that the Italian economist and sociologist gave to the definition and implementation of the principle of subsidiarity and to the ethical foundation of economic science. After outlining the definition of the subsidiarity principle in the first paragraph, we sketch the historical background in which (...) Toniolo lived and operated. We then focus on the ethical factor and on the concept of subsidiary State emerging from Toniolo’s writings. Finally, we present some of the main elements of Toniolo’s legacy with reference to the current economic and socio-political debate. (shrink)

The essence of the Architectonic Philosophy of Technique is the human self-embodiment in ontogenetic, evolutionary and permanent times (Mitterauer, 1989; 2009). These time conceptions may allow the interpretation of technical processes of self-embodiment and challenge the concept of the soul. The existence of the soul in timeless permanence is my fundamental argument that technical embodiments in robots can only be generated in ontogenetic and evolutionary time periods, but not in permanence. Admittedly, the concept of the soul does not play a (...) significant role in the creation of humanoid robots by engineers, but it is immersed in the subjective experience of each human person. I conceive the soul as an all comprising active principle which guarantees subjective existence and is felt as the destiny for a perfect everlasting life. Since the modeler of the robot is also endowed with this principle, he (she) is intending to implement his (her) reflection processes as programs into a robot brain, but it is not possible to fully implement the principle of human individuality in the sense of the soul. Otherwise, the creator of the humanoid robot would self-destruct his (her) human existence - a contradictio in se. -/- In the perspective of the present article I will discuss the following. First, my brain model is outlined focusing on subjectivity and qualitative mechanisms of brain function. Then, the elementary brain operations in ontogenetic and evolutionary time scales are discussed. Furthermore, the theory of Transphysics of self-embodiment of human subjectivity in human robots is proposed. This process generates a Third Nature of robot societies. In the final section “The soul in self-embodiment” I argue that humanoid robots existentially differ from their human creators, since robots can never be endowed with a soul in its metaphysical characteristics. (shrink)

Developing and implementing artificial intelligence (AI) systems in an ethical manner faces several challenges specific to the kind of technology at hand, including ensuring that decision-making systems making use of machine learning are just, fair, and intelligible, and are aligned with our human values. Given that values vary across cultures, an additional ethical challenge is to ensure that these AI systems are not developed according to some unquestioned but questionable assumption of universal norms but are in fact compatible with the (...) societies in which they operate. This is particularly pertinent for AI research and implementation across Africa, a ground where AI systems are and will be used but also a place with a history of imposition of outside values. In this chapter, we thus critically examine one proposal for ensuring that decision-making systems are just, fair, and intelligible—that we adopt a principle of explicability to generate specific recommendations—to assess whether the principle should be adopted in an African research context. We argue that a principle of explicability not only can contribute to responsible and thoughtful development of AI that is sensitive to African interests and values, but can also advance tackling some of the computational challenges in machine learning research. In this way, the motivation for ensuring that a machine learning-based system is just, fair, and intelligible is not only to meet ethical requirements, but also to make effective progress in the field itself. (shrink)

In recent years, the field of virtual reality (VR) has shown tremendous advancements and is utilized in fields ranging from entertainment, scientific research, social networks, artistic creation as well as numerous approaches to employ VR for psychotherapy. While the use of VR in psychotherapy has been widely discussed, little attention has been given to the potential of this new medium for art therapy. Artistic expression in virtual reality is a novel medium which offers unique possibilities, extending beyond classical expressive art (...) mediums. Creation in virtual reality includes options such as three-dimensional painting, an immersive creative experience, dynamic scaling and embodied expression. In this perspective paper, we present the potentials and challenges of virtual reality for art therapy and outline basic principles for its implementation. We focus on the novel qualities offered by this creative medium (the virtual environment, virtual materials and unreal characteristics) and on the core aspects of virtual reality (such as presence, Immersivity, point of view and perspective) for the practice of art therapy. (shrink)

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects the (...) spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court. (shrink)

We explore the various ethical challenges that arise during the practical implementation of an emergency resource allocation protocol. We argue that to implement an allocation plan in a crisis, a hospital system must complete five tasks: (1) formulate a set of general principles for allocation, (2) apply those principles to the disease at hand to create a concrete protocol, (3) collect the data required to apply the protocol, (4) construct a system to implement triage decisions with those data, and (5) (...) create a system for managing the consequences of implementing the protocol, including the effects on those who must carry out the plan, the medical staff, and the general public. Here we illustrate the complexities of each task and provide tentative solutions, by describing the experiences of the Coronavirus Ethics Response Group, an interdisciplinary team formed to address the ethical issues in pandemic resource planning at the University of Rochester Medical Center. While the plan was never put into operation, the process of preparing for emergency implementation exposed ethical issues that require attention. (shrink)

The technology required for tissue-engineering food is the same as for medical applications, and in fact is derived from it. There are major differences in the implementation of those technologies, primarily related to the enormous scale required for food production and the different economical framework. In addition, the emotional context of food tissue engineering is also more complex than for medical applications. On the other hand, the tissues that are generated do not need to integrate in the body, with less (...) risk of adverse effects in the event of incomplete functional, neuronal or humoral adaptation. The implementation of tissue engineering for food is still in its infancy. No products exist yet. It will be extremely challenging to make these products a reality for the consumer, but the reward and return in terms of value for our society will be tremendous. (shrink)

A semantic network or net is a graphic notation for representing knowledge in patterns of interconnected nodes and arcs. Computer implementations of semantic networks were first developed for artificial intelligence and machine translation, but earlier versions have long been used in philosophy, psychology, and linguistics. What is common to all semantic networks is a declarative graphic representation that can be used either to represent knowledge or to support automated systems for reasoning about knowledge. Some versions are highly informal, but other (...) versions are formally defined systems of logic. Following are six of the most common kinds of semantic networks, each of which is discussed in detail in one section of this article. 1. Definitional networks emphasize the subtype or is-a relation between a concept type and a newly defined subtype. The resulting network, also called a generalization or subsumption hierarchy, supports the rule of inheritance for copying properties defined for a supertype to all of its subtypes. Since definitions are true by definition, the information in these networks is often assumed to be necessarily true. (shrink)

In the wake of profound social changes, which have been accelerated due to a global pandemic, educators reconsider the role and goals of education, and subsequently, how its pragmatic expression should look like in a VUCA-world. We address this challenge by offering basic tenets of education and principles that are tailored to the current reality. We concentrate primarily on the merits of embracing dualities, dilemmas and tensions, for engaging in deep learning and personal development. Jon Wergin’s theory of ‘deep learning’ (...) and aspects of Etienne Wenger’s theory of ‘communities of practice’ provide a fertile framework for this endeavor. Arnett’s concept of ‘emerging adulthood’ provides an additional theoretical resource for connecting principles of education to a timely perception of personal development. Based on the notion of ‘emerging adulthood’, we offer four principles of education, articulated in the form of dualities, along with examples of how to implement these principles at college-level education. (shrink)

I argue that the increase in identification of human subjects as potentially vulnerable provides evidence for a transition in human research practice analogous to changes that have occurred in implementation of environmental policy. More specifically, the increasing identification of subjects as vulnerable corresponds to de facto acceptance of what has been called “the precautionary principle” in environmental policy.

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are (...) necessary to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)

In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose (...) of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state. Thus, by means of criminal law, one can try to attain legal concord in seemingly irreconcilable situations. The reality of such striving is confirmed by court practice and statistics in criminal justice. The article analyses the origin of the reconciliation function, essentially a new aspect of criminal law. A position is formed that the fundamentals of such a function of criminal law are “laid” by the provisions of the Preamble to the Constitution of the Republic of Lithuania that the striving of the Nation is an open, just and harmonious civil society and a state under the rule of law. For the implementation of these provisions, one makes use of the possibilities of penal law-making and respectively corrects the penal policy. (shrink)

In this article we analyze Georg Büchner’s tragedy ‘Danton’s Death‘ on the basis of implementation of double idealization principle as meaning- and structure-forming item of the text. It is proved that the principle of double idealization is connected with the antiquity; from the one hand, Ancient Greece comes out as a self-sufficient timeless ideal, opposed to the temporal ideal of Ancient Rome in the Republic period; on the other hand, the double idealization principle can be considered as (...) a method applied during the formation of the new (in the historical context) ideal. However, in the world - which is interpreted by the dramaturge as the supremacy of chaos and fatalism of history, antiquity is once again is a constant point, from which the motion can start. (shrink)

The paper focuses on issues of development dimensions of Medical Law and its ongoing process of standardization and harmonization on one hand, versus the traditionally rooted and available principles of biomedical ethics, on the other. The collision of new legal institutes and the spread of human rights protections is evident. This paper follows the theory and practice of medical ethics and medical law. The theoretical aspect points out medical ethics as one of the sources of medical law. Legal theory makes (...) a distinction between formal and autonomous sources of medical law. Even though ethics is morally much higher, law prevails because it has stronger sanctions and legal power. In its practical aspect, this paper gives examples of different situations of medical decision-making processes. Ethical rules are of the utmost relevance in the domain of confidentiality and options of medical treatment. But, in concrete medical procedures, where legal positions of patients are evidently very significant, law has a more distinct function. Therefore, explaining particular cases from medical malpractice, such as cases of penal, civil or professional liability have an ethical dimension as well. Members of medical professions in Serbia often find these cases unfair. Mostly this is the consequence of ignorance in this kind of medical law and ethics relations. A discussion about practical cases has in that sense a self-learning component, which could be developed to strengthen ethical reasoning and judgment. Clanak stavlja naglasak na razvojnu dimenziju medicinskog prava i pitanja u kojoj meri njegova standardizacija i harmonizacija, na jednoj strani, uticu na primenu tradicionalno ukorenjenih vazecih principa biomedicinske etike, na drugoj. Teorijski aspekt clanka upucuje na medicinsku etiku kao jedan od izvora medicinskog prava koji se smatra autonomnim izvorom. Iako je etika na visoj lestvici, pravo preteze jer ima pravnu snagu element prinude i jacu sankciju za postupanje protivno pravilima. U svom prakticnom aspektu ovaj clanak stavlja naglasak na razlicite situacije pri donosenju medicinskih odluka, gde pravni polozaj onog ko se leci postaje veoma bitan, a pravo tu ima striktno odredjenu funkciju zastite. Zbog toga, objasnjenje posebnih slucajeva pogresne medicinske prakse ima svoj eticki, ali pre svega pravni znacaj, kakvi su slucajevi procesuiranja krivicne, imovinske i staleske odgovornosti. Pripadnici medicinskih profesija u Srbiji cesto smatraju sudske postupke protiv sebe nepravednim. Vecinom je to posledica upravo nepoznavanja odnosa normi medicinskog prava i etickih pravila. Razmatranje slucajeva iz prakse ima i svoju edukativnu komponentu koja na taj nacin unapredjuje eticko promisljanje i osnazuje pravno odlucivanje. (shrink)

The article explored the fact that various bioethical principles underlie the evaluation of the patient’s status and role in therapeutic interactions in written medical documents. We have found that characterization of biomedical, social and behavioural aspects of the patient’s existence relies on such bioethical principles as obligation, truthfulness, respect for human rights and dignity, the patient’s good. A few facts of the violation of the principle of respect for human rights and dignity consisting in verbal stigmatization have been provided. (...) Bioethical perspective is also taken to evaluate the mode and extent of the patient’s involvement in a medical interaction, which are either negatively or positively assessed based on the patient’s compliance and good. (shrink)

The abstract status of Kant's account of his ‘general logic’ is explained in comparison with Gödel's general definition of a formal logical system and reflections on ‘abstract’ (‘absolute’) concepts. Thereafter, an informal reconstruction of Kant's general logic is given from the aspect of the principles of contradiction, of sufficient reason, and of excluded middle. It is shown that Kant's composition of logic consists in a gradual strengthening of logical principles, starting from a weak principle of contradiction that tolerates a (...) sort of contradictions in predication, and then proceeding to the (constructive) principle of sufficient reason, and to a classical-like logic, which includes the principle of excluded middle. A first-order formalisation is applied to this reconstruction, which reveals implicit modalities in Kant's account of logic, and confirms the implementability of Kant's logic into a sound and complete formal system. (shrink)

Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms of 1215, the Law on Rights of 1689, the Declaration of Independence of the United States of America and the Declaration of the Rights of Man and Citizen. In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state interference. Today, (...) implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights. (shrink)

Implementing sustainable development is one of the essential tasks in the current human activity in managing our planet's natural resources. It is a challenge not only for ecology, demography, anthropology and philosophy but also turns out to be a challenge for other disciplines supporting research on the nature of the human species and its changes. The practical implementation of this idea assumes a detailed knowledge of the factors determining the development of civilisation, as well as the factors that disturb this (...) development. In this article, we present arguments that, through modelling, illustrate the historical regularities of the development of the human race, starting from the Neolithic Age through the Bronze Age, Iron Age, and early Middle Ages (models 2–5), to the contemporary image of civilisation development (model 6). These arguments show that in the past, the history of civilisation was fundamentally influenced by three factors: biological, social and cultural. However, in the modern era, an important fourth factor emerges, which is the cognitive factor. Moreover, the historical approach to development (models 2–5) fits into the so-called Malthusian pattern of development, which follows an exponential curve (models 2–5). In contrast, the development of modern civilisation (model 6) follows the Volterra pattern, which is modelled on a logarithmic curve. We hypothesise that the transition from the Malthusian to the Volterra pattern took place precisely due to a new development factor—the cognitive factor. The increase in its rank in the history of civilisation development is presented using a four-factor model. We present the characteristics of this factor and place it in our model, showing how it will fundamentally determine the optimisation of the principles of sustainable civilisation development. In the conclusion of the given argumentation, we emphasise the need to promote various forms of education as the primary tool of humanity in pursuit of sustainable development. (shrink)

In October 2013, the Declaration of Helsinki was revised a seventh time in its 50 year history. While it is the most widely accepted set of ethical principles for the protection of patients participating in medical research, the Declaration of Helsinki has also been subject of constant controversy. In particular, its paragraph on the use of placebo controls in clinical trials divides the research community into active-control and placebo orthodox proponents, both continuously demanding revisions of the Declaration of Helsinki in (...) favour of their position. The goal of the present project is to compare the mainly theoretical controversy with regulatory implementation. We distributed a questionnaire to national drug regulatory authorities from different countries to collect information on the authorities’ respective approaches to interpretation and implementation of the Declarations’ placebo paragraph in the conduct of medical research. Our findings suggest that the majority of drug regulatory authorities have established a practice of a middle ground, allowing placebo controls in some instances. Various interpretations of “serious harm” and “methodological reasons” are proposed as well as safeguards to avoid abuse of the option to use placebo-controls. Leaving the placebo paragraph open to various interpretation is a result of the Declaration of Helsinki’s character as a guidance document. With the current version controversy will continue. The Declaration should be continued to be strengthened to enforce the appreciation of conducting medical research with the highest ethical standard. (shrink)

This article examines whether a functionalist approach to emotion classification is a research program that can feasibly be implemented in an experimental environment. I suggest that this is a promise perhaps impossible to keep. The crux of the argument is that if functional taxonomy is to go the full distance and shape experimental conditions to the new boundaries, then stimuli/experimental manipulations must be selected based on functional principles. But this seems implausible or even impossible. I conclude that emotion taxonomy, and (...) thus the metastructure of emotion theory, is both constrained and determined by human emotional feelings, and suggest that feelings have a special epistemological status in emotion research. (shrink)

Human trafficking is associated with a variety of adverse health and mental health consequences, which should be accurately addressed and documented in electronic health records.

Bertand’s paradox is a fundamental problem in probability that casts doubt on the applicability of the indifference principle by showing that it may yield contradictory results, depending on the meaning assigned to “randomness”. Jaynes claimed that symmetry requirements solve the paradox by selecting a unique solution to the problem. I show that this is not the case and that every variant obtained from the principle of indifference can also be obtained from Jaynes’ principle of transformation groups. This (...) is because the same symmetries can be mathematically implemented in different ways, depending on the procedure of random selection that one uses. I describe a simple experiment that supports a result from symmetry arguments, but the solution is different from Jaynes’. Jaynes’ method is thus best seen as a tool to obtain probability distributions when the principle of indifference is inconvenient, but it cannot resolve ambiguities inherent in the use of that principle and still depends on explicitly defining the selection procedure. (shrink)

The focus of this small contribution to studies in the history of philosophy of American education falls upon the backside of the cultural upheaval between 1880 and 1920. The general purpose is to relate aspects of Herbert Spencer’s philosophy of education to pedagogical principles in the Cardinal Principles of Secondary Education, a document of the National Education Association’s Commission on the Reorganization of Secondary Education, published in 1918. An attempt is made to implement this purpose by analyzing the educational principles (...) in the NEA report, by clarifying Spencer’s educational principles in relationship to the report, and by explaining Spencer’s philosophical principles and relating them to the CRSE document. In addition to similarities between specific Spencerian principles and the 1918 report, especially noted is the ideological proximity of the “spirit” of Spencer’s evolutionary naturalism and empiricism to the Cardinal Principles of Secondary Education. (shrink)

BackgroundThe Western-European concept of libertarian rights-based autonomy, which advocates respect for individual rights, may conflict with African cultural values and norms. African communitarian ethics focuses on the interests of the collective whole or community, rather than rugged individualism. Hence collective decision-making processes take precedence over individual autonomy or consent. This apparent conflict may impact informed consent practice during biomedical research in African communities and may hinder ethical principlism in African bioethics. This study explored African biomedical researchers' perspectives regarding informed consent (...) and potential limitations to the principle of respect for autonomy in African communities.MethodsWe conducted a qualitative study based on in-depth interviews with 12 biomedical researchers, five females and seven males aged 34 to 74 years, currently working at an African university. Interviews lasted 35–40 min each and involved semi-structured open-ended interviews, which allowed participants to offer information about their perceptions and feelings regarding respect for autonomy and informed consent as practised in Africa. Empirical data from the interviews were recorded, transcribed, and analysed using thematic content analysis, together with an interrogation of relevant scientific literature about African communitarian ethics, making evaluations and drawing inferences consistent with the empirical bioethics approach.ResultsBased on these interviews and analysis of relevant literature, we found that informed consent is difficult to apply in an African context because it derives from a Western conception of libertarian rights-based autonomy. Most respondents pointed out that it was challenging to implement informed consent in the African setting. Furthermore, communalism, customary beliefs, spirituality, and relational autonomy are predominant in most African communities, as exemplified by the African moral philosophies of Ubuntu/botho and Ukama, which emphasize communitarianism over individual rights. We also found that language, education, poverty, and cultural beliefs are barriers to obtaining proper informed consent in African communities.ConclusionsWe conclude that there are limitations to applying the principle of respect for autonomy and informed consent in African communities, especially in the context of human biomedical research. We recommend using a more relational approach, such as Ross’s prima facie duties, to implement informed consent in African communities. (shrink)

On the question of whether gambling behavior can be changed as result of teaching gamblers the mathematics of gambling, past studies have yielded contradictory results, and a clear conclusion has not yet been drawn. In this paper, I bring some criticisms to the empirical studies that tended to answer no to this hypothesis, regarding the sampling and laboratory testing, and I argue that an optimal mathematical scholastic intervention with the objective of preventing problem gambling is possible, by providing the principles (...) that would optimize the structure and content of the teaching module. Given the ethical aspects of the exposure of mathematical facts behind games of chance, and starting from the slots case – where the parametric design is missing, we have to draw a line between ethical and optional information with respect to the mathematical content provided by a scholastic intervention. Arguing for the role of mathematics in problem-gambling prevention and treatment, interdisciplinary research directions are drawn toward implementing an optimal mathematical module in cognitive therapies. (shrink)

The chronic worldwide lack of organs for transplantation and the continuing improvement of strategies for in situ organ preservation have led to renewed interest in elective non-therapeutic ventilation of potential organ donors. Two types of situation may be eligible for elective intensive care: patients definitely evolving towards brain death and patients suitable as controlled non-heart beating organ donors after life-supporting therapies have been assessed as futile and withdrawn. Assessment of the ethical acceptability and the risks of these strategies is essential. (...) We here offer such an ethical assessment using the four principles of medical ethics of Beauchamp and Childress applying them in their broadest sense so as to include patients and their families, their caregivers, other potential recipients of intensive care, and indeed society as a whole. The main ethical problems emerging are the definition of beneficence for the potential organ donor, the dilemma between the duty to respect a dying patient's autonomy and the duty not to harm him/her, and the possible psychological and social harm for families, caregivers other potential recipients of therapeutic intensive care, and society more generally. Caution is expressed about the ethical acceptability of elective non-therapeutic ventilation, along with some proposals for precautionary measures to be taken if it is to be implemented. (shrink)

The institution of the principle of distribution in accordance with work performed in the process of the building of socialism and the consistent implementation of this principle under the conditions of developed socialism are powerful factors in the establishment and consistent implementation of the principle of the universality of work. In the course of the building of communism, payment in accordance with work done will remain the principal source of growth of incomes. Therefore, the completeness of satisfaction (...) of people's requirements and their prosperity depend predominantly on the amount and quality of the work given to society. However, a high level of communist consciousness presumes not merely participation in social labor but a perceived need to work as efficiently and productively as possible. (shrink)

In some situations a number of agents each have the ability to undertake an initiative that would have significant effects on the others. Suppose that each of these agents is purely motivated by an altruistic concern for the common good. We show that if each agent acts on her own personal judgment as to whether the initiative should be undertaken, then the initiative will be undertaken more often than is optimal. We suggest that this phenomenon, which we call the unilateralist’s (...) curse, arises in many contexts, including some that are important for public policy. To lift the curse, we propose a principle of conformity, which would discourage unilateralist action. We consider three different models for how this principle could be implemented, and respond to an objection that could be raised against it. (shrink)

The article discusses the methodological principle of reflexivity as formulated within the strong program of the sociology of scientific knowledge. The applicability of this principle in science and technology studies is analyzed from empirical and theoretical points of view. The principle of reflexivity expresses the requirement of scientific universalism: it forbids the exclusion of one’s own cognitive activity and its results from the world totality of objectively observable things and processes, in this case – beliefs. In D. (...) Bloor’s imperative formulation, the principle prescribes applying the explanatory methodology of the strong program in relation to the strong program’s own fundamental theoretical and methodological concepts. The implementation of this principle in STS faces practical problems and theoretical paradoxes. In line with the methodology of the strong program, the author asks the question about the social conditions of the failure of the principle of reflexivity. The author shows that empirically cognizable social conditions for the realization of the principle of reflexivity can be fulfilled. However, their fulfillment does not lead to reflexive work, which presupposes an external position of the one who explains in relation to what is explained. In accordance with the postpositivist concept of the underdetermination of theory by facts, the external position is achieved through the speculative transition from the factual given to the hypothesis explaining this given. The author shows that the external position taken by internal critics of the STS research community becomes the position of speculative philosophy. (shrink)

Consequences of world-scale anti-terrorism campaign (which included pre-emptive and coercive regime changes in Afghanistan and Iraq) equaled to or even exceeded consequences of the terrorist challenge itself, and must be analyzed as dialectically interfaced dual factor influencing international politics and law. This dual factor changes basic rules of international relations through wider employment of the principle of pre-emption (retaliation against perceived intentions, rather than against actions), and further blurring of national sovereignty resulting from more coercive interference of the international (...) community into domestic affairs of certain states and societies. Counter-terrorism is philosophically interpreted internationally as reestablishment and strengthening of the monopoly of a state onto use of force, while terrorism is accused for illegal use of force “for private political purposes”. Counter-terrorist practices return previously missing severe coercive sanctions in the international law, and are implemented on behalf of the international community. The problem is to assure both legality and legitimacy of applied measures, especially in situation when major world powers’ interests are split in elaboration of the UN SC decisions authorizing the internationalinterference into sovereign affairs of states. In fact, the very field of counter-terrorism becomes a field for projection and juxtaposing pragmatic interests of world powers. Classical contradiction between international law based on values and principles and pragmatic politics based on interests re-emerges in the area of terrorist challenges/antiterrorist responses. Counter-terrorist practices require as much legal regulation as do terrorist challenges themselves. (shrink)

Widespread enthusiasm for establishing scientific codes of conduct notwithstanding, the utility of such codes in influencing scientific practice is not self-evident. It largely depends on the implementation phase following their establishment—a phase which often receives little attention. The aim of this paper is to provide recommendations for guiding effective implementation through an assessment of one particular code of conduct in one particular institute. Based on a series of interviews held with researchers at the Department of Biotechnology of Delft University of (...) Technology, this paper evaluates how the Netherlands Code of Conduct for Scientific Practice is received by those it is supposed to govern. While respondents agreed that discussion of the guiding principles of scientific conduct is called for, they did not consider the code as such to be a useful instrument. As a tool for the individual scientific practitioner, the code leaves a number of important questions unanswered in relation to visibility, enforcement, integration with daily practice and the distribution of responsibility. Recommendations are provided on the basis of these questions. There is more at stake than merely holding scientific practitioners to a proper exercise of their duties; implementation of scientific society codes of conduct also concerns the further motives and value commitments that gave rise to their establishment in the first place. (shrink)

National human rights institutions (NHRIs) are key domestic mechanisms for promotion and protection of human rights. The institutions' broad mandate, competencies, and special status between state and nonstate actors on the one hand, and special status between the national and international levels on the other hand enable them to engage effectively in the field of business and human rights. Since 2009, NHRIs have been engaging with the international human rights system in order to increase understanding and raise awareness of their (...) role in addressing business and human rights issues. As a result, they have contributed to the development of the UN “Protect, Respect and Remedy” Framework and obtained an evolving role within all pillars of the framework and in its implementation. This paper presents how these domestic institutions, bridging the national and international levels, fit into the UN legal regime for corporate responsibility for human rights and what contribution they make to the implementation of the UN Guiding Principles. (shrink)