In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

The groundwork has long been laid, by feminist and critical race theorists, for recognizing that a robust social epistemology must be centrally concerned with questions of epistemic injustice; it must provide an account of how inequitable social relations inflect what counts as knowledge and who is recognized as a credible knower. The cluster of papers we present here came together serendipitously and represent a striking convergence of interest in exactly these issues. In their different ways, each contributor is concerned both (...) to understand how dominant epistemic norms perpetuate ignorance and injustice and to articulate effective strategies for redressing these inequities. (shrink)

Recent debates about redress mechanisms for medical accident victims have been sidetracked by fears of an American-style medical malpractice crisis. What is required is a framework within which the debate can resume. This paper proposes such a framework by focusing on the compensation and deterrence objectives and placing them in the wider context of the social costs of providing medical services. The framework is then used to assess and compare the effectiveness of differing approaches. In particular, the American and British (...) experiences of litigation, including the concept of 'defensive medicine', are evaluated. Also discussed briefly are alternatives to court-based complaints procedures including 'no-fault' schemes, professional ethics and internal complaints mechanisms. (shrink)

An empirically sensitive formulation of the norms of transformative criticism must recognize that even public and shared standards of evaluation can be implemented in ways that unintentionally perpetuate and reproduce forms of social bias that are epistemically detrimental. Helen Longino’s theory can explain and redress such social bias by treating peer evaluations as hypotheses based on data and by requiring a kind of perspectival diversity that bears, not on the content of the community’s knowledge claims, but on the beliefs and (...) norms of the culture of the knowledge community itself. To illustrate how socializing cognition can bias evaluations, we focus on peer-review practices, with some discussion of peer-review practices in philosophy. Data include responses to surveys by editors from general philosophy journals, as well as analyses of reviews and editorial decisions for the 2007 Cognitive Science Society Conference. (shrink)

Psychotherapy research is known for its pursuit of evidence-based treatment. Psychotherapeutic efficacy is assessed by calculation of aggregated differences between pre treatment- and post treatment symptom levels. As this ‘gold standard methodology’ is regarded as ‘procedurally objective’, the efficacy number that results from the procedure is taken as a valid indicator of treatment efficacy. However, I argue that the assumption of procedural objectivity is not justified, as the methodology is build upon a problematic numerical basis. I use an (...) empirical case study to show how measurement problems practically occur in the first step of data collection, i.e. in individual symptom measurement. These problems have been discussed and acknowledged for decades, but still measurement is regarded as the best epistemic means to gain evidence on psychotherapeutic efficacy. Therefore, I show how initial measurement problems are overlooked in the remainder of the methodological procedure, which harms the ‘evidence-base’ of psychotherapeutic EBT. Via this applied analysis, I exhibit concerns that are increasingly raised in the literature in an empirical way, to emphasize the need for a non-idealized consideration of the ‘gold standard methodology’ as a means towards its clinical end. (shrink)

Healthcare professionals often face ethical conflicts and challenges related to decision-making that have necessitated consideration of the use of conscientious objection (CO). No current guidelines exist within Spain’s healthcare system regarding acceptable rationales for CO, the appropriate application of CO, or practical means to support healthcare professionals who wish to become conscientious objectors. As such, a procedural framework is needed that not only assures the appropriate use of CO by healthcare professionals but also demonstrates its ethical validity, legislative compliance (...) through protection of moral freedoms and patients’ rights to receive health care. Our proposal consists of prerequisites of eligibility for CO (individual reference, specific clinical context, ethical justification, assurance of non-discrimination, professional consistency, attitude of mutual respect, assurance of patient rights and safety) and a procedural process (notification and preparation, documentation and confidentiality, evaluation of prerequisites, non-abandonment, transparency, allowance for unforeseen objection, compensatory responsibilities, access to guidance and/or consultative advice, and organizational guarantee of professional substitution). We illustrate the real-world utility of the proposed framework through a case discussion in which our guidelines are applied. (shrink)

In this paper I aim to lay out the major aspects of a procedural, pragmatist account of objectivity in ethics. This account is “procedural” insofar as it holds that the objectivity of inquiry depends not on what the results of that inquiry are, but rather whether the proper procedure of inquiry was followed to generate the results. The account is “pragmatic” insofar as it coheres with a broader approach to ethics that conceives of ethical inquiry and (...) progress in terms of resolving problems (Roth 2010a, 2012). Why should we want this sort of account of ethical objectivity? In addition to its contribution to a larger pragmatist conception of ethical inquiry, this account has two desirable features. First .. (shrink)

Islamic law has an advanced legal theory, apart from the four basic decision-making methods, many judgment-gaining theories based on interpretation and reasoning have been derived which have been developed by Islamic jurists in the process. Islamic jurists have used some of their knowledge and techniques to correct the problematic results that arise from both the incorrect use of methods of obtaining judgments and the expansion of the scope of these methods. With these interdisciplinary studies, it was aimed to interpret the (...) criticisms directed against the analogy process and the causes accurately. One of the methods used at the point of revealing whether these criticisms and objections are based on a justified reason and evidence is the debating method. The method of debating, which has become an independent discipline along with fiqh and kalām in the Islamic scientific tradition, began to form during the periods when sects were formed (II century Hijri). The discipline of debate, which has found a practical field in the methodology of Islamic jurisprudence (fiqh), has been particularly effective in interpreting analogy (qiyas), which constitutes an important part of fiqh, and is even assumed to be among the methods of inference (istidlāl). Many Fasād al-waḍʻ (invalidity of an argument of syllogism) is one of the methods of debating has been used in uṣūl al-fiqh. Fasād al-waḍ‘ has been described as the binding of a provision to a cause (ʻillat) that is the opposite of what that cause requires. This is a situation that completely invalidates the cause. In Fasād al-wad‘, the objector proves that the analogy is erroneous by directing objections to the person who brings the evidence. Since Fasād al-wad‘ is a type of objection directed to the basis of the fiction of analogy, it has been accepted by Islamic jurists as one of the strong objections directed to the cause/analogy. However, the issue of which cause this type of objection can be directed against has been discussed among Islamic jurists. Hanafīs accept Fasād al-wad‘ as a sound objection method, but they think that it is not possible to object to the effective causes (al-ʻillat al-muaththirah) with it. Because, according to Hanafīs, the correctness of the effective quality has been revealed by the Qur’ān, the Sunnah and the consensus (ijmā’). Because these proofs do not produce false qualifications. According to Shafeis, all causes and provision can be objected with Fasād al-wad’. In fact, some Shāfi'ī jurists consider this method as a general type of objection, not aunique one to the analogy. Due to these different interpretations that Islāmic law schools attribute to the conditions of analogy and the nature of Fasād al-wad‘, different results may arise in furû issues. In this study, Fasād al-wad‘as a type of objection to the analogy process in Islamic legal procedure has been examined and the nature of Fasād al-wad‘ has been tried to be revealed by determining the comparative furû. Thus, it is aimed to identify and analyse the diversity of legal reasoning methods, which have an important place in the logic of law in Islam and can be gathered under the name of analogy. (shrink)

This paper outlines a procedure for assessing the quality of failure explanations in engineering failure analysis. The procedure structures the information contained in explanations such that it enables to find weak points, to compare competing explanations, and to provide redesign recommendations. These features make the procedure a good asset for critical reflection on some areas of the engineering practice of failure analysis and redesign. The procedure structures relevant information contained in an explanation by means of structural equations so as to (...) make the relations between key elements more salient. Once structured, the information is examined on its potential to track counterfactual dependencies by offering answers to relevant what-if-things-had-been-different questions. This criterion for explanatory goodness derives from the philosophy of science literature on scientific explanation. The procedure is illustrated by applying it to two case studies, one on Failure Analysis in Mechanical Engineering (a broken vehicle shaft) and one on Failure Analysis in Civil Engineering (a collapse in a convention center). The procedure offers failure analysts a practical tool for critical reflection on some areas of their practice while offering a deeper understanding of the workings of failure analysis (framing it as an explanatory practice). It, therefore, allows to improve certain aspects of the explanatory practices of failure analysis and redesign, but it also offers a theoretical perspective that can clarify important features of these practices. Given the programmatic nature of the procedure and its object (assessing and refining explanations), it extends work on the domain of computational argumentation. (shrink)

Our study provides a review of argument-based scientific literature to address conscientious objections to end-of-life procedures. We also proposed a taxonomy based on this study that might facilitate clarification of this discussion at a basic level. The three clusters of our taxonomy include (1) nonconventional compatibilists that claim that conscientious objection against morally repugnant social conventions is compatible with professional obligation, (2) conventional compatibilists that suggest that conscientious objection against social convention is permissible under certain terms of compromise, and (3) (...) conventional incompatibilists that aver that conscientious objection is incompatible with the privileges and obligations of a health care provider. We conclude with three moments of reflective pause. The first pause reflects on the question of the health of a society's pluralism. The second pause results in suggested practice guidelines for conscientious objection to facilitate cooperation. The final pause reveals the need for further research to uncover a global perspective. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

In this paper I shall deal with the role of "understanding a thought" in the debate on the definition of the content of an assertion. I shall present a well known tension in Frege's writings, between a cognitive and semantic notion of sense. This tension is at the source of some of the major contemporary discussions, mainly because of the negative influence of Wittgenstein's Tractatus, which did not give in-depth consideration to the tension found in Frege. However many contemporary authors, (...) after the first attempt by Carnap himself, have tried to make room both for a cognitive and semantic aspect of meaning. I claim that at least some of these attempts (Dummett, Perry and Chalmers) are seriously flawed, mainly due to the difficulty in making a proper connection between the two different conceptions of sense. I shall outline an alternative project, which takes into consideration Frege's requirements on antipsychologism and of the objectivity of thought, while maintaining a close connection between the two aspects of sense. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part (...) I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot (...) be contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

It is a well-established fact that we tend to underestimate our susceptibility to cognitive bias on account of overconfidence, and thereby often fail to listen to intellectual advice aimed at reducing such bias. This is the problem of intellectual deference. The present paper considers this problem in contexts where educators attempt to teach students how to avoid bias for purposes of instilling epistemic virtues. It is argued that recent research in social psychology suggests that we can come to terms with (...) this problem in two steps, the second of which involves educators communicating their intellectual advice in a procedurally just manner. The components of the relevant form of procedural justice are specified and related to Miranda Fricker and David Coady’s notions of epistemic justice. Finally, a series of objections are considered and responded to. (shrink)

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by (...) the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above. (shrink)

Suppose a committee or a jury confronts a complex question, the answer to which requires attending to several sub-questions. Two different voting procedures can be used. On one, the committee members vote on each sub-question and the voting results are used as premises for the committee’s conclusion on the main issue. This premise-based procedure can be contrasted with the conclusion-based approach, which requires the members to directly vote on the conclusion, with the vote of each member being guided by her (...) views on the relevant sub-questions. The two procedures are not equivalent: There may be a majority of voters supporting each of the premises, but if these majorities do not significantly overlap, there will be a majority against the conclusion. Pettit (2001) connects the choice between the two procedures with the discussion of deliberative democracy. The problem we want to examine instead concerns the relative advantages and disadvantages of the two procedures from the epistemic point of view. Which of them is better when it comes to tracking truth? As it turns out, the answer is not univocal. On the basis of Condorcet’s jury theorem, the premise-based procedure can be shown to be superior if the objective is reach truth for the right reasons, without making any mistakes on the way. However, if the goal instead is to reach truth for whatever reasons, right or wrong, there will be cases in which using the conclusion-based procedure turns out to be more reliable, even though, for the most part, the premise-based procedure will retain its superiority. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

Welfare subjectivists face a dilemma. On the one hand, traditional subjectivist theories—such as the desire-fulfillment theory—are too permissive to account for the well-being of typical mature human beings. On the other hand, more “refined” theories—such as the life-satisfaction theory—are too restrictive to account for the well-being of various welfare subjects, including newborns, those with profound cognitive impairments, or non-human animals. This paper examines a class of welfare subjectivism that addresses this dilemma with sensitivity to the diversity in welfare subjects. First, (...) the most-sophisticated-attitude view (MSA) is introduced. MSA holds that an object, x, is good for a subject, S, in proportion to the strength of S’s pro-attitude towards x if and only if the pro-attitude at issue is S’s most sophisticated type. Typically, the well-being of typical mature human beings is assessed in terms of one’s authentic whole-life satisfaction, whereas that of human newborns is assessed in terms of something less sophisticated such as pleasure. MSA offers the rationale for this difference based on an underexplored version of perfectionism: procedural perfectionism. Next, provided that MSA may involve an implausibly strong claim, this paper examines two moderate variations of MSA that accept the partial relevance of less sophisticated types of valenced attitude. Finally, it is illustrated how MSA and its variations have plausible implications regarding the well-being of enhanced or dis-enhanced people. (shrink)

Climate change governance is extremely challenging because of both the intrinsic difficulty of the issues at stake and the plurality of values and worldviews. For these reasons, the ethical concerns that characterise climate change should also be meaningfully addressed through a specific version of procedural justice. Accordingly, in this article we adopt an impure notion of procedural justice. On this theoretical basis, we define relevant fairness criteria and contextualise them for climate governance systems. Then, we empirically justify fairness (...) criteria against a critical and divisive element for the future governance of the Green Climate Fund, i.e., the no-objection procedure. The article concludes with some considerations prompted by the analysis. (shrink)

In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments (...) for the human right to due process. (shrink)

This research aimed at investigating the assessment procedures for evaluating the prospective teachers' abilities, developed through the new B.Ed. /ADE curriculum in teacher education institutions of Baluchistan, this research study will also highlights the emerging problems in the use of new modern assessment procedures. The research was conducted in seven Teacher Training institutions of Baluchistan. The data was collected through the survey questionnaire, based on a pilot project, from the seven Heads of the institutions and the nine Teacher Educators/school, involved (...) in teaching different courses of B.Ed. /ADE at different semesters. Focus group discussion with head and nine teacher educators/institution was also conducted. The quantitative and qualitative data from two instruments helped in-depth understanding of the assessment procedure and the emerging problems. The results showed that teacher educators are trying to implement the new competency-based curriculum and are engaged in using interactive and innovative teaching pedagogies suggested in the new curriculum of B.Ed. / ADE program. But they feel difficulty to assess the content knowledge and skills developed among the prospective teachers through this new curriculum. Teacher educators feel difficulty in the use of modern assessment procedures. They are still focusing the paper-pencil test. Teachers lack competencies to assess students’ actual strengths and learning needs, they don’t, know how to measure cognitive, affective and psychomotor objectives. Teacher educators also face problems to make judgments on students’ learning through formative assessment. (shrink)

Very few researchers have reported on procedures of recruiting, obtaining informed consent, and compensating participants in health research in the Arabian Gulf Region. Empirical research can inform the debate about whether to adjust these procedures for culturally diverse settings. Our objective was to delineate procedures related to recruiting, obtaining informed consent, and compensating health research participants in the extremely high-density multicultural setting of Qatar.

New work in the foundations of ethics—extending the fitting attitudes analysis of value to yield a broader notion of normative fittingness as a (or perhaps even the) fundamental normative concept—provides us with the resources to clarify and renew the force of traditional character-based objections to consequentialism. According to these revamped fittingness objections, consequentialism is incompatible with plausible claims about which attitudes are truly fitting. If a theory’s implications regarding the fittingness facts are implausible, then this can be taken to cast (...) doubt on the truth of the theory. After clarifying the general structure of fittingness objections, and establishing how they can make character-based concerns relevant to our assessment of the truth of a moral theory like consequentialism, this chapter surveys some paradigmatic fittingness objections, showing how consequentialism can be defended against them. (shrink)

Using a range of examples from specific social sciences, the book both identifies the practical and theoretical procedures involved in the identification of the ...

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self‐contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Several scholars have recently entertained proposals for "epistocracy," a political regime in which decision-making power is concentrated in the hands of a society's most informed and competent citizens. These proposals rest on the claim that we can expect better political outcomes if we exclude incompetent citizens from participating in political decisions because competent voters are more likely to vote "correctly" than incompetent voters. We develop what we call the objection from selection bias to epistocracy: a procedure that selects voters on (...) the basis of their observed competence---as epistocracy does---will often be "biased" in the sense that competent voters will be, on average, more likely than incompetent voters to possess certain attributes that reduce the probability of voting correctly. Our objection generalizes the "demographic objection" discussed in previous literature, showing that the range of realistic scenarios in which epistocracy is vulnerable to selection bias is substantially broader than previous discussions appreciate. Our discussion also shows that previous discussions have obscured the force of the threat of selection bias. Since we lack reasons to believe that epistocratic proposals can avoid selection bias, we have no reason to seriously entertain epistocracy as a practical proposal. (shrink)

Under the influence of naturalistic approaches, contemporary philosophy of science tends to characterize scientific objectivity not by virtue of the individualistic following of rules or satisfying epistemic utilities, but as a property arising from the organisational features of groups. This paper presents a critical review of one such proposal, that of Helen Longino, probing some of its main features against the debate between Pasteur and Pouchet in mid-nineteenth-century France regarding the spontaneous generation of life. After considering some weaknesses and (...) strengths, it is argued that Longino’s social epistemology is only able to generate normativity by implicitly assuming a classic procedural notion of epistemic acceptability. The paper also aims to use this historical case to shed light on the complex, multidimensional nature of the dynamics of actual science, arguing both against purely epistemic and exclusively social approaches in a satisfactory meta-scientific explanation of controversies. (shrink)

Objective To explore attitudes towards conscientious objections among medical students in the UK. Methods Medical students at St George's University of London, Cardiff University, King's College London and Leeds University were emailed a link to an anonymous online questionnaire, hosted by an online survey company. The questionnaire contained nine questions. A total of 733 medical students responded. Results Nearly half of the students in this survey stated that they believed in the right of doctors to conscientiously object to any procedure. (...) Demand for the right to conscientiously object is greater in Muslim medical students when compared with other groups of religious medical students. Discussion Abortion continues to be a contentious issue among medical students and this may contribute to the looming crisis in abortion services over the coming years. This project sheds some light on how future doctors view some of their ethical rights and obligations. Using empirical evidence, it reveals that conscientious objection is an issue in the UK medical student body today. These data could help anticipate problems that may arise when these medical students qualify and practise medicine in the community. Conclusion Clearer guidance is needed for medical students about the issue of conscientious objection at medical school. (shrink)

This dissertation is dedicated to developing a principle of autonomy that is suited to human rational agents situated in particular and contingent settings. In doing so, I start out by examining a very influential conception of autonomy which defines autonomy in terms of an agent's ability to "transcend" her particular and contingent life-situation. I call such a conception of autonomy deontological autonomy. I argue that there is an inherent inconsistency in the deontological approach since deontological autonomy cannot accommodate the inescapable (...) contingency in the concrete and particular life of each individual. I propose the notion of procedural autonomy as a more plausible conception of autonomy for humans, since it is achievable in one's particular and concrete setting. ;What makes us procedurally autonomous in contingent human conditions is the process of critical deliberation which consists of two stages: The first stage requires that an agent should examine hierarchically lower intentions and beliefs with her plan of life, the hierarchically most prior set of intentions and beliefs. In the second stage an agent must choose an adequate plan of life for herself, which can be chosen only when the agent is fully aware of various alternative life plans and has given each serious consideration for adoption. The injunction that an agent should be engaged in the two stages of critical deliberation in order to be procedurally autonomous is termed the Principle of Procedural Autonomy. This principle is an ethical principle that is hierarchically prior to moral principles, and it is a procedural principle which is primarily concerned with how one should act rather than what ends should be attained. ;I conclude by applying the Principle of Procedural Autonomy to the debate concerning moral maturity of rational agents in which certain feminist objections have been raised against the concept of autonomy; I argue that procedural autonomy escapes their criticism. ;In developing my position I consider Kant and Aristotle, and a number of contemporary thinkers including J. Rawls, M. Bratman, D. Parfit, B. Williams, C. Gilligan and N. Noddings, among others. (shrink)

Background:The concept of conscientious objection is well described; however, because of its nature, little is known about real experiences of nursing professionals who apply objections in their practice. Extended roles in nursing indicate that clinical and value-based dilemmas are becoming increasingly common. In addition, the migration trends of the nursing workforce have increased the need for the mutual understanding of culturally based assumptions on aspects of health care delivery.Aim:To present (a) the arguments for and against conscientious objection in nursing practice, (...) (b) a description of current regulations and practice regarding conscientious objection in nursing in Poland and the United Kingdom, and (c) to offer a balanced view regarding the application of conscientious objection in clinical nursing practice.Design:Discussion paper.Ethical considerations:Ethical guidelines has been followed at each stage of this study.Findings:Strong arguments exist both for and against conscientious objection in nursing which are underpinned by empirical research from across Europe. Arguments against conscientious objection relate less to it as a concept, but rather in regard to organisational aspects of its application and different mechanisms which could be introduced in order to reach the balance between professional and patient’s rights.Discussion and conclusion:Debate regarding conscientious objection is vivid, and there is consensus that the right to objection among nurses is an important, acknowledged part of nursing practice. Regulation in the United Kingdom is limited to reproductive health, while in Poland, there are no specific procedures to which nurses can apply an objection. The same obligations of those who express conscientious objection apply in both countries, including the requirement to share information with a line manager, the patient, documentation of the objection and necessity to indicate the possibility of receiving care from other nurses. Using Poland and the United Kingdom as case study countries, this article offers a balanced view regarding the application of conscientious objection in clinical nursing practice. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if (...) taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory—which is exactly what many defenders of conscientious objection (as well as many others) do not think—the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations. (shrink)

Pauline Kleingeld and Marcus Willaschek, in a co-authored article, declare that their purportedly new interpretation of Immanuel Kant’s writings on autonomy reveals that his moral philosophy is neither realist nor constructivist. However, as I explain here, John Rawls already occupies the area of intellectual territory to which Kleingeld and Willaschek attempt to lay claim: Rawls interprets Kant’s moral philosophy as neither realist, as Kleingeld and Willaschek evidently construe this term, nor constructivist, as they evidently construe this term. Contra Kleingeld and (...) Willaschek, the moral constructivism attributed to Kant by Rawls is not voluntarist, and Rawls’s account of Kant’s concept of autonomy is not paradoxical. In order to understand autonomy, it is necessary to understand Kant’s complex conception of the will, which structures his moral philosophy (as Rawls, unlike Kleingeld and Willaschek, explains). Rawls, like Kant, but unlike Kleingeld and Willaschek, clearly distinguishes between certain importantly different questions about normativity and obligation. Kant’s moral philosophy, according to Rawls’s insightful interpretation, is a form of objective moral constructivism. (shrink)

A standard objection to act utilitarian theories is that they are not helpful in deciding what it is morally permissible for us to do when we actually have to make a choice between alternatives. That is, such theories are worthless as decision procedures. A standard reply to this objection is that act utilitarian theories can be evaluated solely as theories about right-making characteristics and, when so evaluated, their inadequacy as decision procedures is irrelevant. Even if somewhat unappealing, this is an (...) effective reply to the standard objection. (shrink)

Conscientious objection in healthcare is often granted by many legislations regulating morally controversial medical procedures, such as abortion or medical assistance in dying. However, there is virtually no protection of positive claims of conscience, that is, of requests by healthcare professionals to provide certain services that they conscientiously believe ought to be provided, but that are ruled out by institutional policies. Positive claims of conscience have received comparatively little attention in academic debates. Some think that negative and positive claims of (...) conscience deserve equal protection in terms of measures that institutions ought to take to accommodate them. However, in this issue of The Journal of Clinical Ethics (JCE), Abram Brummett argues against this symmetry thesis. He suggests that the relevant distinction is not between negative and positive claims of conscience, but between negative and positive rights of conscience. He argues that conscientious refusals and positive claims of conscience are both already protected as negative rights of conscience, but that this does not require institutions to accommodate positive claims of conscience. In this article I will argue that both Brummett and the authors he criticizes share a wrong view about the existence of conscience rights in healthcare. I will argue that there is no right to conscientious objection in healthcare, whether positive or negative. Thus, contra Brummett, I argue that the question whether such rights are positive or negative is as irrelevant as the question whether the claims of conscience are positive or negative. (shrink)

The idea that science is objective, or able to achieve objectivity, is in large part responsible for the role that science plays within society. But what is objectivity? The idea of objectivity is ambiguous. This paper distinguishes between three basic forms of objectivity. The first form of objectivity is ontological objectivity: the world as it is in itself does not depend upon what we think about it; it is independent of human thought, language, conceptual (...) activity or experience. The second form of objectivity is the objectivity of truth: truth does not depend upon what we believe or justifiably believe; truth depends upon the way reality itself is. The third form of objectivity is epistemic objectivity: this form of objectivity resides in the scientific method which ensures that subjective factors are excluded, and only epistemically relevant factors play a role in scientific inquiry. The paper considers two problems that arise for the notion of epistemic objectivity: the theory-dependence of observation and the variability of the methods of science. It is argued that the use of shared standard procedures ensures the objectivity of observation despite theory-dependence. It is argued that the variability of methods need not lead to epistemic relativism about science. The paper concludes with the realist suggestion that the best explanation of the success of the sciences is that the methods employed in the sciences are highly reliable truth-conducive tools of inquiry. The objectivity of the methods of the sciences leads to the objective truth about the objective world. (shrink)

This paper presents a theory of the syntactic aspects of human sentence production. An important characteristic of unprepared speech is that overt pronunciation of a sentence can be initiated before the speaker has completely worked out the meaning content he or she is going to express in that sentence. Apparently, the speaker is able to build up a syntactically coherent utterance out of a series of syntactic fragments each rendering a new part of the meaning content. This incremental, left‐to‐right mode (...) of sentence production is the central capability of the proposed Incremental Procedural Grammar (IPG). Certain other properties of spontaneous speech, as derivable from speech errors, hesitations, self‐repairs, and language pathology, are accounted for as well.The psychological plausibility thus gained by the grammar appears compatible with a satisfactory level of linguistic plausibility in that sentences receive structural descriptions which are in line with current theories of grammar. More importantly, an explanation for the existence of configurational conditions on transformations and other linguistics rules is proposed.The basic design feature of IPG which gives rise to these psychologically and linguistically desirable properties, is the “Procedures + Stack” concept. Sentences are built not by a central constructing agency which overlooks the whole process but by a team of syntactic procedures (modules) which work—in parallel—on small parts of the sentence, have only a limited overview, and whose sole communication channel is a stack.IPG covers object complement constructions, interrogatives, and word order in main and subordinate clauses. It handles unbounded dependencies, crossserial dependencies and coordination phenomena such as gapping and conjunction reduction. It is also capable of generating self‐repairs and elliptical answers to questions. IPG has been implemented as an incremental Dutch sentence generator written in LISP. (shrink)

In a recent Bioethics editorial, Udo Schuklenk argues against allowing Canadian doctors to conscientiously object to any new euthanasia procedures approved by Parliament. In this he follows Julian Savulescu's 2006 BMJ paper which argued for the removal of the conscientious objection clause in the 1967 UK Abortion Act. Both authors advance powerful arguments based on the need for uniformity of service and on analogies with reprehensible kinds of personal exemption. In this article I want to defend the practice of conscientious (...) objection in publicly-funded healthcare systems, at least in the area of abortion and end-of-life care, without entering either of the substantive moral debates about the permissibility of either. My main claim is that Schuklenk and Savulescu have misunderstood the special nature of medicine, and have misunderstood the motivations of the conscientious objectors. However, I acknowledge Schuklenk's point about differential access to lawful services in remote rural areas, and I argue that the health service should expend more to protect conscientious objection while ensuring universal access. (shrink)

When discussions of scientific method shift from natural sciences to social sciences, we tend to feel that we are turning from strict sciences to subject matters which may have achieved some measure of intellectual competence but which lack the rigor, objectivity and principles of organization found in mature science. This sense of a difference between the natural sciences and the social sciences is connected with questions of the meaning and rôle of laws. To the extent to which social and (...) historical events have not been reduced to laws or perhaps cannot be, the disciplines which study such events are considered immature or imperfect sciences. To the extent to which social sciences do not offer predictions, they are felt to have little application to the solution of actual and immediate problems. When a bridge has to be built over a chasm, the laws of the natural sciences can be brought to bear. But when a treaty is to be drawn, where, it is asked, are the social and historical laws which can be applied to the situation? (shrink)

Context: Traditional research on the fiction/non-fiction distinction is the fruit of an essentialist methodology in which the procedures of ontologizing and textualizing are assumed as obligatory. Ontologizing and textualizing form the basic discursive technique, in which analyses are focused on the object as the semantic centre. Theory of literary fiction – deeply rooted in Alexius Meinong’s theory of non-existent objects – is object-orientated and, as a result, is always ontologically involved/engaged. Problem: The re-description of the fundamental literary problems as a (...) kind of epistemological experiment for which non-dualizing philosophy is a foundation. Considerations are aimed at providing answers/solutions to the three following issues: 1. Is it possible to connect non-dualism with a literary discourse about literary fiction? 2. What difference does the non-dualizing perspective make in comparison to a philologically-orientated discourse? 3. What difference does the non-dualizing perspective make in comparison to the constructivist approach to the problem of fiction? Approach: Mitterer’s non-dualism is considered from both the context of ontologically-orientated discourse about fiction and literary research and the context of constructivist discourse about fiction. Results: Mitterer’s non-dualizing conception may be considered a foundation of a radical non-essentialist way of thinking about literary fiction. As a result, the philologically-orientated research on literary text, focused on the explanation of its semantics, would rather move towards a culturally-, pragmatically-, and/or sociologically- orientated type of discourse. The notion of (literary) fiction should be reformulated as follows: fiction is not the reason for interpretation; fiction is the result of interpretation because the description comes from the object of speech (from-object-cognition). Implications: This is only an introduction to the project of a potential non-ontologizing discourse about literary fiction. Therefore it should be developed and discussed as the option for the dualizing type of the discourse as it still stirs up a lot of controversies. (shrink)

In recent years, many philosophers of modern physics came to the conclusion that the problem of how objectivity is constituted (rather than merely given) can no longer be avoided, and therefore that a transcendental approach in the spirit of Kant is now philosophically relevant. The usual excuse for skipping this task is that the historical form given by Kant to transcendental epistemology has been challenged by Relativity and Quantum Physics. However, the true challenge is not to force modern physics (...) into a rigidly construed static version of Kant's philosophy, but to provide Kant's method with flexibility and generality. In this book, the top specialists of the field pin down the methodological core of transcendental epistemology that must be used in order to throw light on the foundations of modern physics. First, the basic tools Kant used for his transcendental reading of Newtonian Mechanics are examined, and then early transcendental approaches of Relativistic and Quantum Physics are revisited. Transcendental procedures are also applied to contemporary physics, and this renewed transcendental interpretation is finally compared with structural realism and constructive empiricism. The book will be of interest to scientists, historians and philosophers who are involved in the foundational problems of modern physics. (shrink)

Given recent legal developments in the United States, now is a critical time to draw attention to how ‘conscientious objection’ is sometimes used by health care providers to discriminate against the LGBTQ community. We review legal developments from 2019 and present several cases where health care providers used conscientious objection in ways that discriminate against the LGBTQ community, resulting in damaged trust by this underserved population. We then discuss two important conceptual points in this debate. The first involves the interpretation (...) of discrimination (provider versus patient-centered views), and we argue for a patient-centered view; the second involves the use of the people versus procedure distinction to reach a compromise between LGBTQ individuals and the clinicians who do not want to treat them. We argue the distinction is problematic when applied to treatment of the LGBTQ population. (shrink)

The article investigates the problem of the truth as the purpose of the criminal procedure, the problem of its cognition. Individuals carrying out criminal procedure activities (including the court) are servants of the procedural form and, at the same time, its hostages, therefore they are unable to approach the objective, absolute truth and should be content with the formal (legal) truth. This position falls under criticism. Attempts to artificial segmentation of the truth to its separate categories or forms are (...) nothing, but justification of the procedural erosion of a certain form. The article offers the opinion that the classical criminal procedure shall establish absolute, not formal (legal) truth. The truth is not only an aspiration of the criminal procedure, but, at the same time, a derivative, regulatory principle, the idea that works only in classical criminal procedure. This principle does not work in quasi-processes, i. e. in those criminal procedure forms that are organically separated from the classical procedure form. (shrink)

Natural theology is still practiced as though substantive theological conclusions can be derived by a quasi-deductive process. Perhaps relevant "evidence" may lead to interesting theological conclusions -- the fact of natural evil, or the cosmic fine-tuning we hear about in contemporary cosmology, both cry out for theological explanation. I remain a skeptic, however, about the value of "a priori" methods in natural theology. The case study in this short discussion is the well known attempt to establish the logical incoherence of (...) the divine command theory of moral objectivity. If skeptics can make good on this charge, they will have gone a long way toward undercutting a central tenant of western theism. I will argue, however, that the case against theologically based moral absolutism is not as simple as showing some internal paradox or logical tension. (shrink)