The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or to (...) dispose of it or misappropriation is made of a property right, giving the perpetrator a possibility to receive other persons’ property or property benefit immediately or in the future, to treat the property of others as one’s own. That is, when a real possibility, perceived by the perpetrator, to treat the property of others as one’s own arises but not when the damage is caused. In this case, particular importance is adduced to the condition that the perpetrator must clearly perceive his/her possibility to treat the property of others as one’s own. In case such a possibility has not been perceived by the perpetrator, we cannot state that embezzlement is complete. The moment of completeness and the fact that in practice there may be cases where no real damage is caused to a legal entity when the perpetrator embezzles property of the former (see the example in footnote 15), show that the criminal act provided for in Article 183 of the Criminal Code contains a formal element. When evaluating practical problems, the article overviews two rulings of the Supreme Court of Lithuania that are of particular importance for the formation of the case-law. Before the ruling of the Supreme Court of Lithuania of 8 May 2012, this court used to formulate somewhat erroneous case-law in examining cases concerning accusations raised on the basis of Article 183 of the Criminal Code. In cases where the head (shareholder) of a company was accused of embezzlement and used all the “cashed” funds of the company only for the interests and benefit of the company, the court used to evaluate the factual circumstances of the case not as indicative of the fault of the defendant, but only as indicative of the purpose of his/her act. Even if it was determined that the perpetrator did not perceive the real possibility to treat the company’s property as his/her own and always used to regard the property which came to his/her disposal as the company’s property, the court used to qualify the perpetrator’s act as embezzlement, by reasoning that the purpose of the perpetrator’s act was not a circumstance relevant for such qualification. It can be stated that in such a manner the court failed to distinguish between the concept of purpose and the concept of fault, failed to evaluate the features of the subjective part individually, and assessed them in their entirety. Due to such a mistake, the court created an impression that the concepts of fault and purpose in the case were confused. By its ruling of 8 May 2012 the Supreme Court of Lithuania corrected those mistakes, however, its instruction to investigate whether “cashed” funds were not used “for personal needs” and whether the company suffered damage introduced a confusion into the investigation of cases of this type and their examination in court, as the concept of “personal needs” was not absolutely clear, whereas the fact of suffering damage was not necessary in order to qualify an act under Article 183 of the Criminal Code. In the author’s opinion, the Supreme Court of Lithuania should pronounce clearly that the cases where the head (shareholder) of the company has not perceived the real possibility to treat the other person’s property as his/her own will not be regarded as property embezzlement and there will be no deliberation in the person’s act. The absence of such perception would be confirmed by the fact that the perpetrator has used absolutely all “cashed” money of the legal entity only for the interest and benefit of the company. (shrink)

The development of electronic personal health records by independent vendors and national health systems is understood to empower patients and create a new kind of consumerism in healthcare. With more personal health information at hand, active participation in the management of health and rational purchasing of healthcare services will be possible. Healthcare systems will also be able to contain costs and achieve sustainability. Based on a careful examination of the literature, we argue that many of the declared benefits of this (...) technology are rather unattainable. As the boundaries between the public and private healthcare sectors become blurred and as employers struggle to reduce health insurance expenses, this proclaimed ‘consumer empowerment in healthcare’ is an attempt to introduce a technology and a business model for centralising all relevant PHI to render them economic. We reflect on the consequences for the ‘empowered’ user and we suggest that this new market device has to separate and individually address sufficiently issues of privacy, confidentiality and security before it can claim a place in the digital healthcare ecosystem. (shrink)

On June 9, 2005, during a roundtable meeting "With love and concern for children", the President of Ukraine instructed the Ministry of Education to develop a special course for a new subject for comprehensive schools - the ethics of faith. At the same time, he set a task for the Ministry from September 1 to start teaching this course in schools, expressing confidence that the Ministry of Education "will have time to work on this issue in two to three months". (...) He noted that “it is a question of God, of faith in one form or another: it does not aim to unilaterally cover this issue. The general approaches of all churches should be taken. ". (shrink)

A sample of 703 Spanish psychologists completed an online survey containing 114 behaviors related to professional practice in different areas. The aim of the study was to learn which professional behaviors create ethical dilemmas most often for psychologists and how they respond to these issues. Findings suggest that psychologists who have actually faced a particular dilemma are less strict on judging the inappropriateness of a possible ethical transgression than those psychologists who have not experienced it. Also, four clusters can (...) be identified according to the attitude of respondents toward the dilemmas, namely ?rejection,? ?aprioristic,? ?utilitarian,? and ?no conflict.? (shrink)

This paper summarizes the longstanding debate over psychology's fragmentation by illustrating two principal impediments to the fostering of consensus and unity. The paper then discusses the important benefits of past dialogue concerning these issues, suggesting that some progress has been made in dealing with problems of disunity and fragmentation, particularly at the metatheoretical and philosophical levels. This general discussion then forms the backdrop for the following articles, which together form a single argument in favor of a hermeneutic approach to (...) the problem of fragmentation. (shrink)

It is stated in the Qur'an that there will be punishments and rewards for the deeds done. In addition, some details about the punishments and rewards to be given are given. While talking about punishment and reward, another issue that the Qur'an mentions is the issue of doubling of deeds. When the Qur'an is examined, two, ten, and seven hundred numbers are encountered as the coefficients for good deeds. As the coefficient that bad deeds will be doubled, either a solid (...) or a double expression is encountered. In our study, we will try to determine the reasons for using the expression tenfold, how it is interpreted that a good deed is rewarded tenfold, and the place of tenfold reward in the interpretation of the verses about giving the reward of a good deed. In addition to these, we will touch on the differences in interpretation that have emerged about the interpretation of this verse. The claim that it would be unjust to connect the subject with the subject of ru’yatullah and to give an absolute tenfold reward for each deed gives a different dimension to the difference in interpretation. In other words, there are conflicts that can be considered as a richness of interpretation, and there is a conflict in which theological principles are decisive. The fact that the issue of giving tenfold reward is handled in the context of between justice and the distinction sawāb-lutf shows that the theological paradigm difference is decisive in this conflict. In our study, we will deal with the issue that good deeds will be rewarded tenfold, both in terms of nature and problematic. The problematic aspect of this issue is which part of the tenfold reward is deserved and which part is the grace of God, and the difference in the nature of these two. In addition, the question of whether the additional rewards that will be given to the servants can be interpreted as seeing Allah instead of tenfold reward is the problematic aspect of our study. (shrink)

It is commonly believed thatgeriatric medicine generates a distinctive setof ethical problems. Implicated are such issuesas resource allocation, competence and consent,advance directives, medical futility anddeliberate death. It is also argued that itwould be unjust to allow the elderly to competewith younger populations for expensive andscarce health care resources because theelderly “have already lived,” and that treatingthem the same as these other populations woulddiminish the available resources unfairly,prolong a life of inevitably failing health andresult in increased health care expenditures.In fact, however, (...) this perception of ethicaluniqueness is mistaken. Differences in medicalconditions, demographics and aetiology shouldnot be allowed to obscure the fact that ethicalissues in geriatric medicine are essentiallythe same as those faced in any other area ofhealth care, and that the solutions that areadopted in the geriatric context must beconsistent with the ethical principles that arefollowed elsewhere. The paper argues that theroot of the mistaken perception lies in theabandonment of the Hippocratic mandate ofmedicine and in an unreflective adherence tothe belief that medical advances are inevitablybeneficial. It is suggested that a return topatient-centred medicine and the use of ethicsimpact analyses before introducing medicaladvances may be ethically appropriate. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under the (...) Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

In this article, Hans Schildermans suggests practices of study as a way for universities to respond to socio-ecological questions, issues, and problems related to the Anthropocene. He elaborates the concept of study practices by drawing on traditional pragmatic notions, such as problematic situation and problematization, as these are articulated in John Dewey's theory of inquiry. Prompted by concerns about the closed problem–solution nexus, as well as questions concerning the (egological) worldview underlying this theory, Schildermans aims to reread these (...) ideas through the lens of contemporary authors such as Isabelle Stengers. In doing so, he articulates the educational dynamics of practices of study that address problematic situations, with specific attention to matters of educational futurity. In other words, centrally important to this analysis is the question of how these practices of study participate in a world in-the-making by activating possible futures — or, to formulate it somewhat differently, how practices of study give shape to a pragmatics of a world to-be-made. (shrink)

The present work- "MODERNITY AND POSTMODERNITY DEBATE" Related Issues and Challenges- is an outcome of reflections and deliberations over recent trends of Western philosophy. It is after contemplating seriously about the project of modernity, the attempt is made to arrange the debate between modernity and postmodernity having vital metaphysical epistemological and ethical implications. It not only discusses about ethics of globalization but also establishes the close nexus of globalization with terrorism and multiculturalism. The problematic issue of identity formation (...) and clash of identities is given fair treatment The effort is made to analyse critically Indian secularism and its future prospects. The suggestive and remedial approach towards environmental problem and issue of women empowerment has been properly worked out. The author has presented his work with conceptual clarity, lucid expression, systematic presentation and critical exposition of the subject matter. It is undoubtedly a valuable contribution which will evoke an enthusiastic response from the scholars and students of philosophy. -/- This book is Peer reviewed in Philosophical Papers (journal of the Department of Philosophy, University of North Bengal), Vol. XI, March 2015 by Prof. Debashis Guha, Department of Philosophy, University of Allahabad. (shrink)

Background: Ethical dilemmas are an integral part of medicine. Whether physicians actually feel that they have made ethically problematic treatment decisions or choices in their work is largely unknown. Identifying physicians with ethical problems, and the types of problems and underlying factors, might benefit organisational and educational efforts to help physicians solve ethical dilemmas in a constructive way. We investigated how the frequency and types of ethically difficult treatment decisions vary by specialty.Method: A mail survey of all non-retired Finnish (...) physicians was conducted in 2004. Of those who had made any ethically problematic treatment decisions, the types of decisions and reasons given for these decisions were asked for. Factor analysis was used to investigate clustering of ethically problematic treatment decisions, and logistic regression to investigate the effect of specialty, adjusted for age and gender.Results: Psychiatrists experienced ethically problematic treatment decisions most frequently, followed by pulmonologists, internists and neurologists. Problems were reported least often by pathologists, laboratory physicians and ophthalmologists. Overtreatment was more common than undertreatment in most specialties, with the exception of psychiatrists who emphasised undertreatment and patient rights issues.Conclusion: Physicians of different specialties differ significantly regarding frequency and types of ethically problematic treatment decisions they have made. Psychiatrists differ from all other specialists in reporting more undertreatment and patient rights issues. Experiencing ethically problematic decisions might affect the quality of care and physician well-being in many ways. The findings could be useful for both under- and postgraduate ethics education. (shrink)

The past two decades have seen the extensive privatisation and marketisation of health care in an ever reaching number of developing countries. Within this milieu, medical tourism is being promoted as a rational economic development strategy for some developing nations, and a makeshift solution to the escalating waiting lists and exorbitant costs of health care in developed nations. This paper explores the need to problematize medical tourism in order to move beyond one dimensional neoliberal discourses that have, to date, dominated (...) the arena. In this problematization, the paper discusses a range of understandings and uses of the term ‘medical tourism’ and situates it within the context of the neoliberal economic development of health care internationally. Drawing on theory from critical medical anthropology and health and human rights perspectives, the paper critically analyzes the assumed independence between the medical tourism industry and local populations facing critical health issues, where social, cultural and economic inequities are widening in terms of access, cost and quality of health care. Finally, medical tourism is examined in the local context of India, critiquing the increasingly indistinct roles played by government and private sectors, whilst linking these shifts to global market forces. (shrink)

A retraction notice is a formal announcement for the removal of a paper from the literature, which is a weighty matter. Xu et al. (Science and Engineering Ethics, 29(4), 25 2023) reported that 73.7% of retraction notices indexed by the Web of Science (1927–2019) provided no information about institutional investigations that may have led to the retractions, and recommended that Committee on Publication Ethics (COPE) retraction guidelines should make it mandatory to disclose institutional investigations leading to retractions in such notices. (...) While this recommendation would add to the transparency of the retraction process, a blanket mandate as such could be potentially problematic. For research misconduct (RM)-positive cases, a mandatory investigative disclosure may be abused by some to deflect responsibility. More importantly, a mandatory disclosure could harm authors and institutions in RM-negative cases (i.e. those stemming from honest errors with no misconduct). I illustrate with case vignettes the potential epistemic injustice and confusion that a mandate for investigation disclosure in retraction notices could incur, and suggest a more nuanced approach to its implementation. (shrink)

Common understandings of neuroethics, i.e., of its distinctive nature, are premised on two distinct sets of claims: (1) neuroscience can change views about the nature of ethics itself and neuroethics is dedicated to reaping such an understanding of ethics; (2) neuroscience poses challenges distinct from other areas of medicine and science and neuroethics tackles those issues. Critiques have rightfully challenged both claims, stressing how the first may lead to problematic forms of reductionism while the second relies on debatable (...) assumptions about the nature of bioethics specialization and development. Informed by philosophical pragmatism and our experience in neuroethics, we argue that these claims are ill-founded and should give way to pragmatist reconstructions. Namely, neuroscience, much like other areas of empirical research on morality, can provide useful information about the nature of morally problematic situations but it does not need to promise radical and sweeping changes to ethics based on neuroscientism. Furthermore, the rationale for the development of neuroethics as a specialized field need not to be premised on the distinctive nature of the issues it tackles or of neurotechnologies. Rather, it can espouse an understanding of neuroethics as both a scholarly and a practical endeavor dedicated to resolving a series of problematic situations raised by neurological and psychiatric conditions. (shrink)

ABSTRACT Background: Experiencing ethical problems requires both ethically problematic situations and ethical sensitivity. Ethically problematic treatment decisions are distressing and might reflect health care quality problems. Whether all physicians actually experience ethical problems, what these problems are and how they vary according to physician age, gender and work sector are largely unknown. Methods: A mail survey of all non‐retired physicians licensed in Finland (n = 17,172, response rate 75.6%). Results: The proportion of physicians reporting having made ethically (...) class='Hi'>problematic treatment decisions decreased in linear fashion from 60% at ages below 30 years to 21% at ages over 63 years. The only problem that did not decrease in frequency with age was having withdrawn necessary treatments. Women and primary care physicians reported problematic decisions most often, although gender differences were small. Primary care physicians most often reported having performed too many investigations or having pressured patients, whereas hospital physicians emphasized having withdrawn necessary treatments. Performing unnecessary treatments or investigations was explained by pressure from patients or relatives, and performing too few treatments or investigations was explained by inadequate resources. Conclusions: In general, young physicians felt pressured to do too much, whereas older physicians felt they could not do enough due to inadequate resources. Older physicians might be less exposed to ethically problematic situations, be more able to handle them or have lower ethical sensitivity. Young physicians could benefit from support in resisting pressure to perform unnecessary treatments, whereas older physicians might benefit from training in recognizing ethical issues. (shrink)

The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, benefits, and duties. (...) The claim to the rationality of allocations of property rights, this article argues, must be questioned in light of the kind of commonality that is revealed in a striking manner by environmental issues (although it is not restricted to environmental matters). This questioning makes sense in relation to an analysis of social interactions, beyond the problematic opposition between the private sphere and public life. (shrink)

Our purpose in this article is to identify and suggest resolution for two core problematics of grounded theory. First, while grounded theory provides transparency to one part of the conceptualization process, where codes emerge directly from the data, it provides no such systematic or transparent way for gaining insight into the conceptual relationships between discovered codes. Producing a grounded theory depends not only on the definition of conceptual pieces, but the delineation of a relationship between at least two of those (...) pieces. Second, the conceptualization process of grounded theory is done in hierarchical fashion, where individual codes emerge from the data but then are used to generate insight into more general concepts and thematic statements. But various works on grounded theory have failed to provide any systematic way of using data specific levels of scale (the codes) to gain insight into more macro levels of scale (concepts and themes). We offer fractal concept analysis as a means of resolving both of these issues. By using a logic structure generator, fractal concept analysis delineates self-similar conceptual frameworks at various levels of abstraction, yielding a method for linking concepts together within and between levels of scale encountered in the grounded theory coding and categorization process. We conclude that this fractal analytic technique can bolster the aims of grounded theory as a formalized and systematic process for generating theory from empirical data. (shrink)

: This essay is an attempt to explain Nishida's logic of the predicate in its challenge to the Aristotelian object logic that is the foundation of substance metaphysics. It offers a comparative analysis of the critical issue of continuity so as to show why Nishida thinks Aristotelian logic cannot deal with the problematic of continuity of change while his own logic of the predicate can. It further explores the significance of Nishida's logic in providing the foundation for a non-substance (...) ontology of dynamic reality. (shrink)

The increasingly common use of inclusive language (e.g., "he or she") in representing past philosophers' views is often inappropriate. Using Immanuel Kant's work as an example, I compare his use of terms such as "human race" and "human being" with his views on women to show that his use of generic terms does not prove that he includes women. I then discuss three different approaches to this issue, found in recent Kant-literature, and show why each of them is insufficient. I (...) conclude that the tension between gender-neutral and gender-specific views in Kant's work should be made explicit, and I offer several strategies for doing so. (shrink)

The formation of the chaplaincy movement in the context of the formation of independent Ukraine (after 1991) required the solution of a number of issues, primarily of a conceptual nature. The initiators of the restoration of chaplaincy faced the underestimation of the chaplaincy factor, the risks of transferring interfaith disputes to the military environment. In fact, it was a question of finding their own model of chaplaincy service, which would provide an optimal model for organizing the work of chaplains. (...) The authors propose to divide the development of the chaplaincy movement in independent Ukraine into three stages, which differ not only chronologically but also in their characteristics. The first stage (1991-2005) was characterized by a rethinking of the role and place of religion in the activities of the Armed Forces of Ukraine. The idea of a chaplaincy service was revived primarily on the basis of the volunteer movement. Volunteers also encouraged churches to form appropriate structures that would be responsible for chaplaincy work. At this stage, the driving force behind the formation of the chaplaincy movement was the unstable informal ties between church and security forces in Ukraine. With the advent of the first legal acts that regulated the search for optimal models for creating the chaplaincy institute, the second stage of development of the chaplaincy movement in Ukraine began. It lasted from 2006 to 2013. During this time, regulations were developed and implemented that institutionalized the relationship between the Ministry of Defense of Ukraine and the country's largest churches and religious organizations. The third stage began with the beginning of the Russian Federation's attack on Ukraine in 2014 and continues to this day. The annexation of Crimea and the outbreak of hostilities in eastern Ukraine created the need to sharply increase the number of chaplains and to legalize them in military institutions. Already in 2015-2016, the formation of the state regulatory framework of the chaplaincy institute began and staff positions of chaplains in military units were introduced. On the other hand, there has also been a qualitative growth in the theoretical and practical training of chaplains and their material support. These processes show that the establishment of the institute of military chaplaincy in Ukraine has actually taken place. In each period, the authors highlight the problematic issues that government agencies and religious organizations addressed in organizing the chaplaincy movement. Particular attention was paid to the attempts of activists to form their own model of chaplaincy ministry and the problematic issues of improving the quality of chaplains' training. In particular, it was pointed out that the best way for Ukraine is to organize separate chaplaincy faculties in the country's higher educational institutions to train specialists at the level of world standards. (shrink)

Architecture and the architect, threatened with disappearance, capitulate before the property developer who spends the money. And best of all is finding a place to be in the early years of a better civilisation. As the articles in this special issue on the problematic of architecture and Utopia attest, the final word on the influence of Utopia on architecture, and of the veracity of claims that modern architecture in particular was utopian, is a long way off. Definitions are elusive, (...) as is any real sense of persistent or consistent clarity about what exactly is intended by nominating this or that architecture or city plan utopian. At the very least, the articles that follow are testament to the .. (shrink)

This article situates current debates about transdisciplinarity within the deeper history of academic disciplinarity, in its difference from the notions of inter- and multi-disciplinarity. It offers a brief typology and history of established conceptions of transdisciplinarity within science and technology studies. It then goes on to raise the question of the conceptual structure of transdisciplinary generality in the humanities, with respect to the incorporation of the 19th- and 20th-century German and French philosophical traditions into the anglophone humanities, under the name (...) of ‘theory’. It identifies two distinct – dialectical and anti-dialectical, or dialectical and transversal – transdisciplinary trajectories. It locates the various contributions to the special issue of which it is the introduction within this conceptual field, drawing attention to the distinct contribution of the French debates about structuralism and its aftermath – those by Serres, Foucault, Derrida, Guattari and Latour, in particular. It concludes with an appendix on Foucault’s place within current debates about disciplinarity and academic disciplines. (shrink)

This paper serves as an introduction to the special section on Global Culture Revisited which commemorates the 30th anniversary of the publication of the 1990 Global Culture special issue. It examines the development of interest in the various strands of globalization and the question of whether there can be a global culture. The paper discusses the emergence of alternative global histories and the problematization of global knowledge. It examines the view that the current Covid-19 pandemic signals a turning point, or (...) change of epoch, that marks the end of peak globalization. The paper also discusses the view that global was always a limited cartographic term which failed to adequately grasp our terrestrial location on the earth. Currently, there is considerable speculation about the emergent politics of a new world order, with civilizational states set alongside nation-states, opening up an epoch of greater pluriversality, and at the same time greater uncertainty. (shrink)

BackgroundProblematic pornography use is considered an addictive behavior, which is an important clinical issue. Despite considerable research interest in problematic pornography use worldwide, to the best of our knowledge, there are no extant studies on the subject in Japan. Therefore, despite the fact that many people in Japan use pornography, the difference between problematic and non-problematic users among Japanese people is not known.ObjectiveThis study aimed to identify the characteristics of problematic pornography use among Japanese students, to (...) the best of our knowledge. Specifically, we examined general psychopathological symptoms, sexual compulsivity, depression, anxiety, and low effortful control.MethodsThe participants were 150 college students aged 20–26 years at a university in midland Japan. An online questionnaire was administered that included items on pornography usage patterns, impaired control of pornography use, sexual compulsivity, depression, anxiety, and effortful control.ResultsMost men and approximately one-third of women used pornography at least once in the past month. Some users reported significant daily-life problems due to difficulty in controlling pornography use. Participants with impaired control of pornography use had higher depression, anxiety, and sexual compulsivity, and lower effortful control than pornography users without impaired control.ConclusionSome Japanese students reported significant daily-life problems due to impaired control of pornography use. The characteristics of individuals with impaired control are consistent with previous studies. The results of this study suggest that individuals with impaired control may have poor mental health, and that there is need for further research and development of treatment systems to manage this issue in Japan. Further research exploring a more varied sample in Japan is required to effectively examine problematic pornography use. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

This paper summarizes the longstanding debate over psychology's fragmentation by illustrating two principal impediments to the fostering of consensus and unity. The paper then discusses the important benefits of past dialogue concerning these issues, suggesting that some progress has been made in dealing with problems of disunity and fragmentation, particularly at the metatheoretical and philosophical levels. This general discussion then forms the backdrop for the following articles, which together form a single argument in favor of a hermeneutic approach to (...) the problem of fragmentation. (shrink)

Modern observations based on general relativity indicate that the spatial geometry of the expanding, large-scale Universe is very nearly Euclidean. This basic empirical fact is at the core of the so-called “flatness problem”, which is widely perceived to be a major outstanding problem of modern cosmology and as such forms one of the prime motivations behind inflationary models. An inspection of the literature and some further critical reflection however quickly reveals that the typical formulation of this putative problem is fraught (...) with questionable arguments and misconceptions and that it is moreover imperative to distinguish between different varieties of problem. It is shown that the observational fact that the large-scale Universe is so nearly flat is ultimately no more puzzling than similar “anthropic coincidences”, such as the specific values of the gravitational and electromagnetic coupling constants. In particular, there is no fine-tuning problem in connection to flatness of the kind usually argued for. The arguments regarding flatness and particle horizons typically found in cosmological discourses in fact address a mere single issue underlying the standard FLRW cosmologies, namely the extreme improbability of these models with respect to any “reasonable measure” on the “space of all spacetimes”. This issue may be expressed in different ways and a phase space formulation, due to Penrose, is presented here. A horizon problem only arises when additional assumptions—which are usually kept implicit and at any rate seem rather speculative—are made. (shrink)

To envisage the shape of preaching in the Third Millennium, four factors call for comment: preaching as an ecclesial act; the creative exposition of Scripture; the changing world in which we live; and preaching as issuing in doxology.

In the context of academic research, a diversity of ethical issues, conditioned by the different roles of members within these institutions, arise. Previous studies on this topic addressed mainly the perceptions of researchers. However, to our knowledge, no studies have explored the transversal ethical issues from a wider spectrum, including other members of academic institutions as the research ethics board (REB) members, and the research ethics experts. The present study used a descriptive phenomenological approach to document the ethical (...) issues experienced by a heterogeneous group of Canadian researchers, REB members, and research ethics experts. Data collection involved socio-demographic questionnaires and individual semi-structured interviews. Following the triangulation of different perspectives (researchers, REB members and ethics experts), emerging ethical issues were synthesized in ten units of meaning: (1) research integrity, (2) conflicts of interest, (3) respect for research participants, (4) lack of supervision and power imbalances, (5) individualism and performance, (6) inadequate ethical guidance, (7) social injustices, (8) distributive injustices, (9) epistemic injustices, and (10) ethical distress. This study highlighted several problematic elements that can support the identification of future solutions to resolve transversal ethical issues in research that affect the heterogeneous members of the academic community. (shrink)

Ethical issues in physician-industry and academia-industry relationships have focused largely on the financial nature of these relationships. It took very little time after solutions to transparenc...

The issue of the whole–part relationship has been a contentious subject in Indian philosophical discourse since its early stages. Generally speaking, there are two leading positions concerning the nature of the whole, from which the issue of the whole–part relationship stems. First is the reductionist position, which contends that the whole is nothing more than the parts put in a certain order; hence, the part is more fundamental than the whole, since the whole can be reduced to the parts that (...) constitute it. Second, there is the essentialist position, advocating that the essence of the whole cannot be simply reduced to the parts, since we do not find the whole in any of the parts; hence, the whole is more primary than the part. Most Indian Buddhists subscribe to the first position, whereas Hindu realists adhere to the second. When Buddhism spread to China, however, the issue took an interesting turn in the hands of Chinese Buddhists. In this article, I will examine this turn by investigating two representative Buddhist positions on the issue of whole and part. One is found in the Abhidharma literature, the early Buddhist philosophical treatises, wherein the core Buddhist notion of an tman (wu wob ), no-self, is explained by appealing to this relationship. As we will see, the whole–part relationship discussed there is distinctively reductionist. Another major deliberation on the whole–part issue is found in the literature produced by the Chinese Huayan Buddhist school, wherein the reductionist approach is nowhere to be seen. In fact, the Huayan philosophers tried as hard as they could to fend off any reductionist mode of thinking regarding the whole–part relationship. Be that as it may, their position in no way corresponds to the essentialist stance. This article investigates the unique Huayan theory of part and whole, thereby offering a possible way out of the reductionism–essentialism dilemma. (shrink)

The case of Mrs A is a provocative example of euthanasia by advance directive to avoid increasingly severe dementia. It is also a ‘perfect storm’ of a disturbing case, revealing both the challenges that can arise with advance euthanasia directives generally and particular issues in the Dutch procedures. Kim, Miller and Dresser have done a distinct service to bioethics in detailing the case, in explaining the basis of the regional euthanasia review committee reprimand of the administering geriatrician and in (...) highlighting some significant deficiencies in Dutch procedures.1 Many readers, after encountering the case, may find themselves sceptical that AEDs can be an ethically viable vehicle for avoiding living into severe dementia. I will argue that caution and care, not resistance to AEDs for dementia, is in order. Real dilemmas of implementation are inherent in advance directives, to be sure, dilemmas that can be aggravated by a patient’s dementia. Yet much can be done in writing an AED to make its implementation in dementia less problematic, and the Dutch emphasis on intolerable suffering as a necessary condition for euthanasia is not the appropriate legal framework. The difficulties in the case begin with the directive itself. Any advance directive, whether for refusing lifesaving treatment or for physician-assisted death, needs to be clear about what is and is not to happen and when. At first Mrs A’s directive seems to provide a trigger point: ‘I want to make use of the legal right to … euthanasia when I am still at all mentally competent and am no longer able to live at home with my husband. I absolutely do not want to be placed in an institution for elderly dementia patients’. In a revision added a year before her death, the time had become ‘whenever I think the time …. (shrink)

The management of child protection concerns arouses strong emotions and controversies and creates ethical tensions for all concerned. This paper provides a rational analysis of some of the issues involved and suggests responses to them. The ethical and legal duties of health-care professionals are to act in the best interests of the child by safeguarding children and reporting concerns. But this may involve conflicts with parents and produce reluctance of professionals to become involved, especially in controversial types of abuse. (...) Mandatory reporting of concerns might overcome such reluctance, but may be ineffective in the face of diagnostic uncertainties. Assembly of a stronger diagnostic evidence base would seem ethically justified, but organization of the necessary case controlled studies might be problematic. Even with a comprehensive evidence base, individual diagnoses of abuse will always involve value judgements that should be underpinned by effective training and assessment of core competencies of professionals. These manoeuvres are unlikely to prevent both justified and vexatious complaints, often in relation to breaches in professional duties or concerning professional misconduct. The tendency to blame experts may have contributed to a reluctance of other professionals to become involved, despite proposals for reforms in the expert witness and court systems. Current approaches to child protection may neither promote greater understanding nor be in the best interests of children. A revised social contract for the effective protection of children could include: a duty of care that adequately addresses the primacy of the child's welfare; the acquisition of a sound evidence base; professional transparency and accountability (but with protection from malicious and vexatious complaints); and a shift emphasis towards a more inquisitorial system that embraced the principles of truth and reconciliation. (shrink)

This paper examines ethical issues involved in the mass marketing of securities to individuals. The marketing of products deemed “socially questionable” or “sinful” (like tobacco and alcohol) has long been recognized as posing special ethical challenges (Kotler, P. and S. Levy: 1971, Harvard Business Review 49, 74–80; Davidson, D. K: 1996, Selling Sin: The Marketing of Socially Unacceptable Products (Quorum Press, Westport). We contend that marketers should consider securities (i.e. common stock, options) in a similar vein, as a potentially (...) dangerous product. Given the inherent volatility of equity prices, responsible marketers need to exercise caution and restraint in promoting securities. We evaluate whether the NYSE’s current guidelines adequately encourage ethical marketing practices and deter unethical ones. Using recent examples of controversial brokerage advertisements, we expose weaknesses in the Exchange’s vague injunction that members not “mislead” reasonable people by making “exaggerated claims” in their communications. From a moral perspective, we find it troublesome that intentionality need not be present for a promotion to be considered misleading. Also problematic is the continued invocation of the reasonable person standard to judge the propriety of advertisements. We close with some thoughts on improving the quality of securities marketing. We suggest that the NYSE, in the interests of fostering higher ethical behavior among member marketers, may need to revive a marketing code of conduct prevalent on Wall Street in an earlier era. (shrink)

The British Columbian members of the Canadian Guidance and Counselling Association were surveyed to explore their attitudes regarding dual relationships. Of 529 deliverable surveys, 206 usable returns yielded a response rate of 39%. Participants were asked to provide incidents of problematic dual relationships and to discuss the problematic aspect(s) of these dual relationships. Respondents provided a total of 110 useable incidents with 165 associated problematic aspects. Many respondents provided data not directly related to the original questions, which (...) were also analyzed. The results of this study draw attention to several issues: (a) counselors are dealing with a variety of problematic dual relationships, (b) counselors experience discomfort and negative effects on their personal/work life secondary to these dual relationships, and (c) counselors consider the unique context of each dual relationship to be important in their ethical decision-making processes. (shrink)

It is not unusual for researchers in ethnography (and sometimes Institutional Review Boards) to assume that research of “public” behavior is morally unproblematic. I examine an historical case of ethnographic research and the sustained moral outrage to the research expressed by the subjects of that research. I suggest that the moral outrage was legitimate and articulate some of the ethical issues underlying that outrage. I argue that morally problematic Ethnographic research of public behavior can derive from research practice (...) that includes a tendency to collapse the distinction between harm and moral wrong, a failure to take account of recent work on ethical issues in privacy; failure to appreciate the deception involved in ethnographers’ failure to reveal their role as researchers to subjects and finally a failure to appropriately weigh the moral significance of issues of invasion of privacy and inflicted insight in both the research process and subsequent publication of research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 124-137 [Access article in PDF] Katz's Problematic Dualism and Its "Seismic" Effects on His Theory Wayne Ouderkirk There is much to admire in Eric Katz's Nature as Subject. 1 Many aspects of his theory strongly resonate with dominant themes in environmental ethics and with my own theoretical predilections. In addition, he applies his theory to several major environmental issues (ecological restoration (...) and the Amazon rainforest, to name two), simultaneously testing it against other views and tracing out its implications. Impressive, non-ivory tower philosophizing. The array of issues he covers is impressive too, from the place of animal rights in an environmental ethic to the relation between environmental destruction and genocide; from the tension between holism and the rights of individuals to intrinsic value; from anthropo- centrism to Judaism and the environment; from the history of environmental thought to the convergence hypothesis. And more.In light of this tremendous range and of my own attraction to such of his major themes as ecocentrism, it might seem unappreciative to criticize, [End Page 124] to dissent. But despite all the positives I find in Katz's writings, I also find faults there, faults which, when pressed, cause major fissures in the whole. The central, major problem is Katz's dualism; and I think it ultimately undoes his whole theory, since it is so intimately connected with the other parts. Within Katz's own essays, there are, I think, resources to begin a reconstruction; but as with any other such effort, the first task is to discard the parts that are no longer useable. Before doing so, however, I want to review some positive aspects of Katz's theory, lest I convey the mistaken impression that my initial praise for his work is mere courtesy. The Solid Geological Features To begin with the most general: Katz's concern for, commitment to the natural world is obvious to any reader. He suffuses every essay with a determination to seek out clear and cogent philosophical rationales for its protection. More important perhaps is his obvious personal connection to that world. His references to Fire Island's deer and beaches, for example, amply demonstrate what the rest of his writings imply: that his theoretical efforts are more than armchair musings about a current philosophical issue. Katz's efforts are both professional and passionate.On a more specifically philosophical level, I regard his anti-anthropocentrism as a significant strength. Though one can, of course, be an anthropocentrist and be an environmental philosopher—Bryan Norton (1984) and Eugene Hargrove (1989) come to mind—I think Katz's arguments showing that anthropocentric views can only offer contingent justifications for protecting the environment are cogent and valid (3-11). An important part of those arguments is Katz's demonstration that different theories in environmental philosophy do indeed result in different environmental policies. In other words, Katz offers a strong counterargument to Norton's convergence hypothesis (Norton 1991), the idea that, given environmentalists' shared commitment to the environment, the various philosophical theories offered in justification of that commitment will converge on similar policy recommendations (149 ff.). I agree with Katz's refutation of that hypothesis, and I offer my critique of his theory because I think that theory's faults will ultimately undermine sound policies.Another big asset of Katz's theory is his communitarianism, the idea that we are part of an ecological community, an ecosystem, to which we have moral obligations. Not surprisingly to anyone familiar with environmental ethics, the source of this idea is Aldo Leopold's Land Ethic (Leopold 1966), [End Page 125] which has been debated, analyzed, praised, and critiqued more than extensively in the literature. Katz pretends to no originality here; he simply adopts and vigorously defends an ecocentric ethic that counts the integrity, stability, and beauty of the system—including, not incidentally, abiotic components—as central criteria limiting human interference with nature. Unlike, for example, the total ecocentrism of J. Baird Callicott's (1980) early writing, however, Katz tempers his communitarianism with another dimension, qualifying his holistic... (shrink)

This article, which introduces the special section on The Urban Problematic, takes as its starting point the ways in which categories associated with the ‘urban’ have broken down, such that the once singular and coherent concept ‘city’ has disintegrated in certain ways: the notion has been demythologized, so that representations of the city must now be regarded as partial and invested; and cities themselves have become opaque and unpredictable both to urban scholars and to governments, planners and various kinds (...) of welfare organizations. The indications of crisis, captured for instance by concerns about the slums, favelas and shanty towns of the world’s megacities, also indicate that much of what counts in modern urban life is in some way connected with the marginal, the unofficial, and the supplemental. The article takes a supplemental view of the current state of urban dwelling. This involves at the same time a longer, more patient, historical view in its attempt to understand the current state of the city as part of a shift in the play of heterogeneous forces. With reference to the articles contained in The Urban Problematic, this introductory article finally draws attention to some of the urgent and critical issues of contemporary urbanism. (shrink)

Public opinion surveys and polls have a long history as tools for the reportage of public sentiment. Born in the “straw polls” of nineteenth century politics, their use expanded in the last century to include a range of commercial and social subjects. In recent decades, these have included issues of medico-legal uncertainty including, in a partial list, abortion, fetal tissue research, and the propriety of medical termination. Because public opinion surveys are assumed to be “scientific,” and thus unbiased, there (...) has been little discussion of either their suitability in areas of complex, medico-legal uncertainty or the ethics of their use in these areas. This paper reviews their general history and then their use in the debate over medical termination, often called “medical aid in dying.” In this review, two problems are highlighted. First, there is the ambiguous nature of polls and the manner of their construction. Second, there is the manner in which they are deployed as simple and definitive statements in areas of complex medico-legal debate. The result calls for caution in their use by ethicists and a clear duty by both academics and journalists to understand the limits of the medium in areas of medico-legal debate and discussion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 124-137 [Access article in PDF] Katz's Problematic Dualism and Its "Seismic" Effects on His Theory Wayne Ouderkirk There is much to admire in Eric Katz's Nature as Subject. 1 Many aspects of his theory strongly resonate with dominant themes in environmental ethics and with my own theoretical predilections. In addition, he applies his theory to several major environmental issues (ecological restoration (...) and the Amazon rainforest, to name two), simultaneously testing it against other views and tracing out its implications. Impressive, non-ivory tower philosophizing. The array of issues he covers is impressive too, from the place of animal rights in an environmental ethic to the relation between environmental destruction and genocide; from the tension between holism and the rights of individuals to intrinsic value; from anthropo- centrism to Judaism and the environment; from the history of environmental thought to the convergence hypothesis. And more.In light of this tremendous range and of my own attraction to such of his major themes as ecocentrism, it might seem unappreciative to criticize, [End Page 124] to dissent. But despite all the positives I find in Katz's writings, I also find faults there, faults which, when pressed, cause major fissures in the whole. The central, major problem is Katz's dualism; and I think it ultimately undoes his whole theory, since it is so intimately connected with the other parts. Within Katz's own essays, there are, I think, resources to begin a reconstruction; but as with any other such effort, the first task is to discard the parts that are no longer useable. Before doing so, however, I want to review some positive aspects of Katz's theory, lest I convey the mistaken impression that my initial praise for his work is mere courtesy. The Solid Geological Features To begin with the most general: Katz's concern for, commitment to the natural world is obvious to any reader. He suffuses every essay with a determination to seek out clear and cogent philosophical rationales for its protection. More important perhaps is his obvious personal connection to that world. His references to Fire Island's deer and beaches, for example, amply demonstrate what the rest of his writings imply: that his theoretical efforts are more than armchair musings about a current philosophical issue. Katz's efforts are both professional and passionate.On a more specifically philosophical level, I regard his anti-anthropocentrism as a significant strength. Though one can, of course, be an anthropocentrist and be an environmental philosopher—Bryan Norton (1984) and Eugene Hargrove (1989) come to mind—I think Katz's arguments showing that anthropocentric views can only offer contingent justifications for protecting the environment are cogent and valid (3-11). An important part of those arguments is Katz's demonstration that different theories in environmental philosophy do indeed result in different environmental policies. In other words, Katz offers a strong counterargument to Norton's convergence hypothesis (Norton 1991), the idea that, given environmentalists' shared commitment to the environment, the various philosophical theories offered in justification of that commitment will converge on similar policy recommendations (149 ff.). I agree with Katz's refutation of that hypothesis, and I offer my critique of his theory because I think that theory's faults will ultimately undermine sound policies.Another big asset of Katz's theory is his communitarianism, the idea that we are part of an ecological community, an ecosystem, to which we have moral obligations. Not surprisingly to anyone familiar with environmental ethics, the source of this idea is Aldo Leopold's Land Ethic (Leopold 1966), [End Page 125] which has been debated, analyzed, praised, and critiqued more than extensively in the literature. Katz pretends to no originality here; he simply adopts and vigorously defends an ecocentric ethic that counts the integrity, stability, and beauty of the system—including, not incidentally, abiotic components—as central criteria limiting human interference with nature. Unlike, for example, the total ecocentrism of J. Baird Callicott's (1980) early writing, however, Katz tempers his communitarianism with another dimension, qualifying his holistic... (shrink)

This chapter explores the tentative line between erotic spectacle and horror; a judgement that is problematic given that is based on an axis of moral or ideological normality. The contexts of viewing impact on the status of ‘obscene’ images, both in terms of the communities that view them and their motivation for viewing; for sexual arousal, out of morbid curiosity or malevolence, or perhaps all three simultaneously. The reception of an obscene image is largely based upon the issue of (...) viewer consent, but this itself comes at the expense of the reality of bodies depicted, that are pushed to (and beyond) their limits. The chapter examines the moral and philosophical implications of desires that place the body in extreme states of sexualized deconstruction - both real and faked – and how these apply to images and communities in cyberspace. (shrink)

Contemporary recognition theory based on Axel Honneth's foundational work is a well-established research programme that is highly relevant also for philosophy of education. However, some of Honneth's own relatively recent writings on pathologies of recognition, and especially on the notion of antecedent recognition threaten to undermine the carefully built systematic foundations of the theory. These developments also problematise the educational significance that recognition theory in its previously established form arguably has. In this paper, I will analyse and critically evaluate some (...) of the educational implications of the very notion of antecedent recognition as discussed by Honneth. As my overall conclusion, I will argue that because of its unclear nature, the notion of antecedent recognition is highly problematic, and therefore, has questionable value for the philosophy of education. Although the discussion here focuses on Honneth, what is fundamentally at stake is a more general issue regarding capabilities and their preconditions. Honneth's conceptualisations and arguments represent particular types of moves in this educationally relevant discussion. Therefore, the conclusions drawn also have wider systematic significance beyond Honneth scholarship. (shrink)

This paper argues that applied ethics can itself be morally problematic. As illustrated by the case of Peter Singer’s criticism of social practice, morally loaded communication by applied ethicists can lead to protests, backlashes, and aggression. By reviewing the psychological literature on self-image, collective identity, and motivated reasoning three categories of morally problematic consequences of ethical criticism by applied ethicists are identified: serious psychological discomfort, moral backfiring, and hostile conflict. The most worrisome is moral backfiring: psychological research suggests (...) that ethical criticism of people’s central moral convictions can reinforce exactly those attitudes. Therefore, applied ethicists unintentionally can contribute to a consolidation of precisely those social circumstances that they condemn to be unethical. Furthermore, I argue that the normative concerns raised in this paper are not dependent on the commitment to one specific paradigm in moral philosophy. Utilitarianism, Aristotelian virtue ethics, and Rawlsian contractarianism all provide sound reasons to take morally problematic consequences of ethical criticism seriously. Only the case of deontological ethics is less clear-cut. Finally, I point out that the issues raised in this paper provide an excellent opportunity for further interdisciplinary collaboration between applied ethics and social sciences. I also propose strategies for communicating ethics effectively. (shrink)

This paper summarizes the problematic aspects of a globalized neoliberal culture in education. Linking to the particular studies of this monothematic volume it discusses the consequences of the globalization of a testing culture in schools, the issues of developing civic literacy in the context of current education practice and the issues of forming a historic consciousness in present schools relating to the existing social discourse. Language teaching, currently dominated by the concept of language literacy or the concept (...) of language education resulting from English language teaching seems to be significant. This paper reveals various ways in which the educational section is being contaminated by neoliberal transformations to point out their culturally devastating consequences in a critical way. The goal of this paper is to articulate the mechanism by which neoliberalism is infiltrating education in the form of discursive and physical “colonizing”. (shrink)

This article provides a framework by way of introduction to the special section, ‘The Urban Problematic II’. It introduces a new selection of papers contributing to the continuing project of interrogating concepts, processes and practices associated with contemporary forms of urban life. The article focuses in particular on the problem of infrastructure in relation to questions of urban politics and especially remarks on the emergence of a kind of thinking in which the separation of notions of material infrastructure from (...) those of the social or cultural sphere can no longer be usefully maintained. The essays in the section cumulatively address the issue of an emergent hybridity of urban elements: the virtual and the material, the social and the technical, the political and the instrumental, the vertical and the horizontal. The spectacle of contemporary political activism and dissent emerges in the transformation of social and urban space. (shrink)

Human enhancement has emerged in recent years as a blossoming topic in applied ethics. With continuing advances in science and technology, people are beginning to realize that some of the basic parameters of the human condition might be changed in the future. One important way in which the human condition could be changed is through the enhancement of basic human capacities. If this becomes feasible within the lifespan of many people alive today, then it is important now to consider the (...) normative questions raised by such prospects. The answers to these questions might not only help us be better prepared when technology catches up with imagination, but they may be relevant to many decisions we make today, such as decisions about how much funding to give to various kinds of research. Enhancement is typically contraposed to therapy. In broad terms, therapy aims to fix something that has gone wrong, by curing specific diseases or injuries, while enhancement interventions aim to improve the state of an organism beyond its normal healthy state. However, the distinction between therapy and enhancement is problematic, for several reasons. First, we may note that the therapy-enhancement dichotomy does not map onto any corresponding dichotomy between standard-contemporary-medicine and medicineas-it-could-be-practised-in-the-future. Standard contemporary medicine includes many practices that do not aim to cure diseases or injuries. It includes, for example, preventive medicine, palliative care, obstetrics, sports medicine, plastic surgery, contraceptive devices, fertility treatments, cosmetic dental procedures, and much else. At the same time, many enhancement interventions occur outside of the medical framework. Office workers enhance their performance by drinking coffee. Make-up and grooming are used to enhance appearance. Exercise, meditation, fish oil, and St John’s Wort are used to enhance mood. Second, it is unclear how to classify interventions that reduce the probability of disease and death.. (shrink)

This article describes the results of research that investigated whether student nurses identified the moral aspects of everyday nursing care situations and, if so, how they dealt with them. We intended to elucidate the role of mentoring situations in moral development. Student written documents reflecting discussions during mentoring situations were analysed quantitatively and qualitatively. The students studied in one of the three nursing schools involved in the research. In only a small proportion of cases (<13%) did the students identify the (...) ethical questions in those situations. The results indicate that the nursing students rarely identified moral issues, implying that there was little conscious moral reflection and deliberation in their mentoring situations dealing with their problematic experiences during their internship. Additional competences will be required for session leaders in order to allow mentoring situations to play a more prominent role in moral development. (shrink)

This paper reports a literature review on the topic of ethical issues in in-depth interviews. The review returned three types of article: general discussion, issues in particular studies, and studies of interview-based research ethics. Whilst many of the issues discussed in these articles are generic to research ethics, such as confidentiality, they often had particular manifestations in this type of research. For example, privacy was a significant problem as interviews sometimes probe unexpected areas. For similar reasons, it (...) is difficult to give full information of the nature of a particular interview at the outset, hence informed consent is problematic. Where a pair is interviewed (such as carer and cared-for) there are major difficulties in maintaining confidentiality and protecting privacy. The potential for interviews to harm participants emotionally is noted in some papers, although this is often set against potential therapeutic benefit. As well as these generic issues, there are some ethical issues fairly specific to in-depth interviews. The problem of dual role is noted in many papers. It can take many forms: an interviewer might be nurse and researcher, scientist and counsellor, or reporter and evangelist. There are other specific issues such as taking sides in an interview, and protecting vulnerable groups. Little specific study of the ethics of in-depth interviews has taken place. However, that which has shows some important findings. For example, one study shows participants are not averse to discussing painful issues provided they feel the study is worthwhile. Some papers make recommendations for researchers. One such is that they should consider using a model of continuous (or process) consent rather than viewing consent as occurring once, at signature, prior to the interview. However, there is a need for further study of this area, both philosophical and empirical. (shrink)

A main epistemic problematic, found already in Aristotle’s Posterior Analytics, presents a threefold choice on how a belief may be justified: either through infinitely regressive reasoning, or through circular reasoning, or through reasoning resting ultimately on some foundation. Aristotle himself apparently takes the foundationalist option when he argues that rational intuition is a foundational source of scientific knowledge. The five modes of Agrippa, which pertain to knowledge generally, again pose the same problematic, the “Pyrrhonian” problematic. And here (...) Galen and the Stoics also opt for foundations. Sections I and II below explore that foundationalist option. Section III draws some lessons. And Section IV uses these to interpret Descartes. I argue that Descartes shows us the way beyond the Pyrrhonian problematic, although his way is not that traditionally attributed to him. On these basic issues of epistemology, Descartes is no Cartesian. (shrink)

Two general ethical problems in psychiatry are thrown into sharp relief by long term care. This article discusses each in turn, in the context of two anonymised case studies from actual clinical practice. First, previous mental health legislation soothed doubts about patients' refusal of consent by incorporating time limits on involuntary treatment. When these are absent, as in the provisions for long term care which have recently come into force, the justification for compulsory treatment and supervision becomes more obviously (...) class='Hi'>problematic. Second, Anglo-American law does not normally allow the preventive detention of someone who may be dangerous but has not actually committed any crime. The justification for detaining a possibly dangerous user of mental health services without his or her consent can only be based on risk assessment, but this raises issues of moral luck. Is the psychiatrist who decides not to take out a supervision order for a possibly dangerous patient with an initial psychotic diagnosis morally at fault if that person harms someone in the community, or himself? Or is the psychiatrist merely unlucky? (shrink)