Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.

This article explores the dynamics of the discourse and practice of corporate social responsibility (CSR) in France to illustrate the interplay between endogenous and exogenous factors in the development of CSR in a country. It shows how the cultural, socioeconomic, and legal traditions influence the way ideas are raised, the kinds of questions considered relevant, and the sorts of solutions conceived as desirable and possible. Furthermore, the article traces how expectations and practices evolve as a result of various social and (...) economic factors within a country, and increasingly, as a result of global influences such as the international academic discourse, the international practices of multinational companies, nongovernmental organizations and trade unions, and initiatives of supranational organizations. The article closes with reflections about what can be learned from the French experience with CSR and how to stimulate such cross-border learning. (shrink)

Gertrude Stein may be regarded as one of the most innovative and obscure modernist writers. At the core of Tender Buttons (1914), her most experimental work, lies a dialectical tension between meaning and non-meaning, order and disorder, the opacity of which some of the earliest critical studies of Stein described as both “an eloquent mistake” and “the ravings of a lunatic,” resisting interpretation. In this paper, I show that phenomenology offers an appropriate tool for opening up the much-discussed dialectic of (...) this work. By “bracketing” the hard facts of our object-world, Stein enacts an epoché of sorts, allowing us to “see fine substances strangely” before the conventional structures of objectivity and factuality take over. (shrink)

We describe two unusual cases of cardiopulmonary death in mechanically ventilated patients in the neurological intensive care unit. After cardiac arrest, both patients were pulseless for a protracted period. Upon extubation, both developed agonal movements (gasping respiration) resembling life. We discuss these cases and the literature on the ethical and medical controversies associated with determining time of cardiopulmonary death. We conclude that there is rarely a single moment when all of a patient’s physiological functions stop working at once. This can (...) pose a challenge for determining the exact moment of death. (shrink)

Although medicolegal challenges to the use of neurologic criteria to declare death in the USA have been well-described, the management of court cases in the United Kingdom about objections to the use of neurologic criteria to declare death has not been explored in the bioethics or medical literature. This article (1) reviews conceptual, medical and legal differences between death by neurologic criteria (DNC) in the United Kingdom and the rest of the world to contextualize medicolegal challenges to DNC; (2) summarizes (...) highly publicized legal cases related to DNC in the United Kingdom, including the nuanced 2022 case of Archie Battersbee, who was transiently considered dead by neurologic criteria, but ultimately determined to be in a vegetative state/unresponsive-wakeful state; and (3) provides an overview of ethical issues raised by medicolegal challenges to DNC in the United Kingdom and a comparison to the management of these challenges in the USA. (shrink)

In 1817, the German botanist Ludolph Christian Treviranus (1779–1864), while working on cytoplasmic streaming, exclaimed “What a matter for new observations and what an expectation for a more profo...

This text aims at a multi-dimensional reflection on Erich Fromm’s conception of the human being. Starting from Marxist-Freudian sources of the philosopher’s thought, the authors show the fundamental ideas underlying his version of psychoanalysis. Next, Fromm’s view of the human being as a social being is discussed, referring to the concepts of unproductive and productive orientations. Another important dimension of Fromm’s thought that is discussed is the reflection on the nature and functions of the symbolic language of the unconscious, which (...) reveals to the human being both the best and the worst aspects of his or her personality. One of the most famous concepts of the American philosopher is also discussed — the distinction between the being mode and the having mode. The authors drawattention to the value Fromm placed on a life oriented towards the being mode. Finally, they remind us, following Fromm, that a human being turns towards himself in his or her dreams, going beyond all the schemes and concepts that bind his mind when he or she is awake. The understanding of oneself that comes from a deep reflection on the content and character of a dream can awaken in a person the recognition of previously unknown dimensions of his or her mind; from now on, he is not merely someone immersed in the reality of everyday life. Crossing the horizon of oneiric imagination, he or she becomes free, in the dream, and she experiences the freedom of being on waking. (shrink)

The intent of the Uniform Determination of Death Act (UDDA) was to facilitate a consistent legal standard for death and align the law with medical practice throughout the United States subsequent t...

In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.

Differences between men and women in the performance of tests designed to measure spatial abilities are explained by evolutionary psychologists in terms of adaptive design. The Hunter-Gatherer Theory of Spatial Ability suggests that the adoption of a hunter-gatherer lifestyle (assuming a sexual division of labor) created differential selective pressure on the development of spatial skills in men and women and, therefore, cognitive differences between the sexes. Here, we examine a basic spatial skill—wayfinding (the ability to plan routes and navigate a (...) landscape)—in men and women in a natural, real-world setting as a means of testing the proposition that sex-based differences in spatial ability exist outside of the laboratory. Our results indicate that when physical differences are accounted for, men and women with equivalent experience perform equally well at complex navigation tasks in a real-world setting. We conclude that experience, gendered patterns of activity, and self-assessment are contributing factors in producing previously reported differences in spatial ability. (shrink)

Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...) in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act and the rationale for these recommendations. (shrink)

Enlightenment writers have proposed projects to secure long-lasting peace within the belligerent environment of the European political landscape since the beginning of the eighteenth century. Madison and Rousseau, both declared critics of the Perpetual Peace project of the Abbé de St.-Pierre, were united in their opinion on the primacy of popular sovereignty within states to fulfil the goal of universal peace on the international level. Whereas the American constitution was built on a ‘peace pact’ to secure the union’s survival, the (...) French republican experiment was confronted with hostility from their European neighbours at the very outset. French minister Genêt’s plans for French intervention on the American continent, following the Girondins’ belligerent strategy against European monarchies, however, threatened to involve the early American Republic in universal war rather than peace. The so-called ‘Empire of Liberty’ that Thomas Jefferson, as well as Genêt, proclaimed for the future United States was based on a melding of unionist with republican principles, as it had been in the thinking of Andrew Fletcher of Saltoun, one of the fiercest opponents of the Anglo-Scottish incorporated union of 1707. This article aims to examine this connection as well as its enabling of a reconciliation between republicanism and the striving for empire as it took place on the American continent in the nineteenth century. (shrink)

Sir Sayyid Ahmad Khan was a prominent South Asian reformer of Islam who focused on the reconciliation of science and Islam in his most influential texts. This article aims to analyze the implications of science becoming the dominant discourse in nineteenth-century South Asia for the conception of Islam and religion in general. Sayyid Ahmad is an intriguing example because he actively participated in religious as well as scientific discourses since as early as the 1830s. After a concise outline of his (...) early writings, his stances toward science and reason shall be compared with his later writings, primarily those written after 1870, to uncover the impact of the increasing influence of science in South Asia during the latter half of the nineteenth century. In his later writings, Sayyid Ahmad accomplishes a complex effort of translation, claiming mutual compatibility of science and Islam. The question of how this influences his conception of Islam and religion will be addressed, exploring whether this process should be described as a mere adoption of foreign discourse? Or does it trigger transformative effects? (shrink)

Rare diseases, defined as having a prevalence inferior to 1/2000, are poorly understood scientifically and medically. Appropriate diagnoses and treatments are scarce, adding to the burden of living with chronic medical conditions. The moral significance of rare disease experiences is often overlooked in qualitative studies conducted with adults living with rare diseases. The concept of morally problematic situations arising from pragmatist ethics shows promise in understanding these experiences. The objectives of this study were to (1) acquire an in-depth understanding of (...) morally problematic situations experienced by adults living with rare diseases in the province of Québec and (2) to develop an integrative model of the concept of morally problematic situations. To this end, an online survey targeting this population was developed through a participatory action research project. Respondents provided 90 long testimonies on the most important morally problematic situations they faced, often in healthcare settings. An integrative model was developed based on various qualitative analyses of these testimonies and relevant literature. The integrative model showcases that morally problematic situations have causes (i.e., contextual and relational factors, personal factors, jeopardized valuations), have affective repercussions (i.e., emotions and feelings, internal tensions), prompt action (i.e., through empowerment strategies leading to the evolution of situations), and elicit outcomes (i.e., factual consequences, residual emotions and feelings, positive or negative resolutions). In sum, this study advances understanding of the moral experiences of adults living with rare diseases while proposing a comprehensive conceptual tool to guide future empirical bioethics research on moral experiences. (shrink)

Freud proposes that in unconscious processing, logical connections are also (heavily) based upon phonological similarities. Repressed concerns, for example, would also be expressed by way of phonologic ambiguity. In order to investigate a possible unconscious influence of phonological similarity, 31 participants were submitted to a tachistoscopic subliminal priming experiment, with prime and target presented at 1ms. In the experimental condition, the prime and one of the 2 targets were phonological reversed forms of each other, though graphemically dissimilar (e.g., “nice” and (...) “sign”); in the control condition the targets were pseudo-randomly attributed to primes to which they don’t belong. The experimental task was to “blindly” pick the choice most similar to the prime. ERPs were measured with a focus on the N320, which is known to react selectively to phonological mismatch in supraliminal visual word presentations. The N320 amplitude-effects at the electrodes on the midline and at the left of the brain significantly predicted the participants’ net behavioral choices more than half a second later, while their subjective experience is one of arbitrariness. Moreover, the social desirability score (SDS) significantly correlates with both the behavioral and the N320 brain responses of the participants. It is proposed that in participants with low SDS the phonological target induces an expected reduction of N320 and this increases their probability to pick this target. In contrast, high defensive participants have a perplexed brain reaction upon the phonological target, with a negatively peaking N320 as compared to control and this leads them to avoid this target more often. Social desirability, which is understood as reflecting defensiveness, might also manifest itself as a defense against the (energy-consuming) ambiguity of language. The specificity of this study is that all of this is happening totally out of awareness and at the level of very elementary linguistic distinctions. (shrink)

Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, (...) and take into consideration the ensuing consequences. Moreover, the many limits of neuroscientific tools call for increased vigilance when, if ever, using neuroscientific evidence in a courtroom. In this article, we aim at setting the basis for future sound debates on the contribution of neuroscience to criminal law, and in particular to the assessment of criminal responsibility. As such, we provide analytical tools to grasp the political and normative nature of criminal responsibility and review the current or projected use of neuroscience in the law, all the while bearing in mind the highly-publicized question: can neuroscience revolutionize criminal responsibility? Answering this question implicitly requires answering a second question: should neuroscience revolutionize the institution of criminal responsibility? Answering both, in turn, requires drawing the line between science and normativity, revolution and dialogue, fantasies and legitimate hopes. (shrink)

Background Debates and controversies have shaped the understanding and the practices related to death determined by neurological criterion . Confusion about DNC in the public domain could undermine this notion. This confusion could further jeopardise confidence in rigorous death determination procedures, and raise questions about the integrity, sustainability, and legitimacy of modern organ donation practices.Objective We examined the depictions of ‘brain death’ in major American and Canadian print media to gain insights into possible common sources of confusion about DNC and (...) the relationship between expert and lay views on this crucial concept.Methods We gathered 940 articles, available in electronic databases, published between 2005 and 2009 from high-circulation Canadian and American newspapers containing keywords ‘brain dead’ or ‘brain death’. Articles were systematically examined for content using the NVivo 8 software.Results Our results showed problematic aspects in American and Canadian media, with some salient differences. DNC was used colloquially in 39% of the articles and its medical meaning infrequently defined . The neurological criterion for determination of death was mentioned in less than 10% of the articles, and life support in about 20% of the articles. Organ donation issues related to DNC were raised more often in Canadian articles than in American articles .Interpretation Further discussion is needed to develop innovative strategies to bridge media representations of DNC with experts’ views in connection with organ donation practices. (shrink)

A firm's ability to shape its policies to meet societal demands depends on how it perceives the opportunities and risks in its environment. The authors hypothesized that corporate culture plays a significant role in shaping organizational percep-tions. This article summarizes the findings of a study on how the organizational culture of a chemical firm headquartered in West Germany affected the evolution of its social and personnel policy from 1950 to 1989 given the changes in its sociopolitical environment during this period. (...) The study shows that the culture of a company, by shaping its perceptions, plays a central role in determining the areas in which the organization is likely to be able to learn easily and those in which it is likely to resist changing its policies. (shrink)

In this article, I would like to take a closer look at the philosophical meaning of the term “process,” which is a fundamental category in Arnold Mindell’s psychology. The Taoist origins of this concept go back to the Tao – the principle of the universe. Tao is the process of passing into each other the opposite aspects of the monastically understood Qi energy. Mindell was also inspired by the analytical psychology of Carl Gustav Jung, which emphasizes the importance of archetypal, (...) unconscious mental processes and their impact on the ego through random thoughts, fantasies or dreams. Mindell distinguishes between a primary process (mental content that we are aware of) and a secondary process (mental content that we are not aware of) to explain what connects a person with her natural living – an unadulterated existence through rigid boundaries between the two processes acquired during one’s upbringing. The purpose of this article is to explore the Jungian and Taoist roots of Mindell’s psychology and to characterize individual lives as confronting their entire processual being, thus becoming natural living. -------------------------- Received: 14/04/2022. Reviewed: 19/10/2022. Accepted: 24/10/2022. (shrink)

Practicing Islam in Egypt: Print Media and Islamic Revival By Rock-SingerAaron, xii + 211 pp. Price HB £75.00. EAN 978–1108492058.

Given the significant transformations underway in academia, it is pertinent to ask whether the traditional notion of entering the profession in response to a calling is still relevant. This article draws together hitherto unconnected strands of German and Anglo-Saxon literature on callings, then analyzes biographical narratives of 40 social scientists in Germany and the United States. The comparative analysis of the timing, sources, and nature of the respondents’ decision to become academics finds that almost all exhibit a calling orientation. However, (...) their responses no longer correspond to the classical, passive notion; instead, callings in academia have become agentic. In the context of a wider societal trend to self-realization, academia has been transformed to an activity that people pursue because they want to rather than because destiny or an external force pushes them to make such a commitment. The recognition of the social nature of callings is underscored by the significance of professional mentors and family. The unexpected predominance of similarities in the cross-national comparison of calling orientation suggests that the internationalization of academic standards and procedures and the high level of competition for few positions in both contexts may outweigh the effects of culture and tradition. (shrink)

'Subjetividade e Literatura' tem como ponto de partida o movimento historiográfico do final do século XX. Reúne 16 estudos - e pesquisadores de diferentes áreas do conhecimento - que procuram fundir literatura e história, ou contos e psicanálise, ou ainda arte e romance, objetivando estabelecer uma forma de compreender a realidade culturalmente construída. Esta obra trata da subjetividade, mas também trata de livros, de como eles descrevem - ou interpretam - o que as pessoas percebem e sentem.

Debates about how knowledge is made and valued in evidence-based medicine (EBM) have yet to understand what discursive, social, and historical conditions allowed the EBM approach to stabilize and proliferate across western medical education. This paper uses a genealogical approach to examine the epistemological tensions that emerged as a result of various problematizations of uncertainty in medical practice. I explain how the problematization of uncertainty in the literature and the contingency of specific social, political, economic, and historical relations allowed the (...) EBM approach to become a programmatic and pedagogical focus of the Faculty of Medicine at McMaster University and beyond. (shrink)

« L’édifice E », le « sanctuaire ancien », comme l’a appelé le premier fouilleur, P. Kavvadias, est un édifice‑clef pour la compréhension du culte ancien d’Asclépios. Au cours de la fouille menée par la Commission de restauration des monuments d’Épidaure, durant les années 2001‑2003, fut découvert un petit lot de monnaies intéressantes. Dans leur majorité, il s’agit de monnaies d’argent ; celles de l’Édifice E se situent entre la fin du vie s. et le iie s. av. J.‑C. Elles (...) s’accordent avec les résultats livrés jusqu’à ce jour par la fouille et notamment avec les principales phases de construction de l’édifice, qui correspondent elles‑mêmes aux grandes périodes de construction dans le sanctuaire. Elles proviennent d’ateliers péloponnésiens et attestent de l’origine variée des pèlerins. La plupart d’entre elles ont été retrouvées avec d’autres offrandes cultuelles. Malgré les difficultés inhérentes à l’étude des trouvailles provenant de l’Édifice E, en raison des fréquentes reconstructions et des changements d’affectation de l’édifice, l’étude de ces monnaies contribue à notre compréhension de l’évolution du culte à l’Asclépieion d’Épidaure. (shrink)

Whereas evidence-based medicine (EBM) encourages the translation of medical research into decision-making through clinical practice guidelines (CPGs), patient-centred care (PCC) aims to integrate patient values through shared decision-making. In order to successfully integrate EBM and PCC, I propose a method of orienting physician decision-making to overcome the different obligations set out by a formally-rational EBM and substantively-rational ethics of care. I engage with Weber’s concepts “the ethic of responsibility” andverstehenas a new model of clinical reasoning that reformulates the relationship between (...) medical knowledge and social values, while demonstrating the relevance of the classical sociological cannon to contemporary medical humanities. (shrink)

Stem cells did not become a proper research object until the 1960 s. Yet the term and the basic mind-set—namely the conception of single undifferentiated cells, be they embryonic or adult, as the basic units responsible for a directed process of development, differentiation and increasing specialisation—were already in place at the end of the nineteenth century and then transmitted on a non-linear path in the form of tropes and diagrams. Ernst Haeckel and August Weismann played a special role in this (...) story. The first coined the term Stammzelle (stem cell), the second was the author of the first cellular stem-tree diagram. Even today, I shall argue, the understanding of stem cells, especially the popular perception, is to a large extent a Haeckelian–Weismannian one. After having demonstrated this, by analysing the terminology, in this essay I will focus on the use of cytogenetic tree diagrams between 1892 and 1925 and on the tacit understanding of stem cells that they transmit. (shrink)

For better or worse, places matter to us. Especially the familiar places we call home—the ones that embody our personal and cultural histories, give our lives a sense of stability, and support the routines of everyday life. Global Climate Change (GCC) poses an existential threat to these places, engendering nonmaterial losses that threaten subjective well-being and overall mental health. Unfortunately, these nonmaterial losses are often overlooked or underappreciated. My aim in this article is to counter this tendency and explore the (...) relationship between people and place in a way that sheds light on the nonmaterial threat of GCC. I approach this task from the lens of everyday aesthetics. While finding adequate compensation for these nonmaterial losses is unlikely, I suggest that sensitivity to the aesthetic texture of everyday life can provide a source of aesthetic consolation that can make the challenges of GCC easier to manage. (shrink)

Braiding together strands of literary, phenomenological and art historical reflection, Modernism and Phenomenology explores the ways in which modernist writers and artists return us to wonder before the world. Taking such wonder as the motive for phenomenology itself, and challenging extant views of modernism that uphold a mind-world opposition rooted in Cartesian thought, the book considers the work of modernists who, far from presenting perfect, finished models for life and the self, embrace raw and semi-chaotic experience. Close readings of works (...) by Paul Cézanne, Gertrude Stein, Franz Kafka, Gerard Manley Hopkins, Wallace Stevens, Paul Klee, and Virginia Woolf explore how modernist texts and artworks display a deep-rooted openness to the world that turns us into "perpetual beginners." Pushing back against ideas of modernism as fragmentation or groundlessness, Mildenberg argues that this openness is less a sign of powerlessness and deferred meaning than of the very provisionality of experience. (shrink)

Background Rare diseases are generally poorly understood from scientific and medical standpoints due, to their complexity and low prevalence. As a result, individuals living with rare diseases struggle to obtain timely diagnoses and suitable care. These clinical difficulties add to the physical and psychological impacts of living with chronic and often severe medical conditions. From the standpoint of pragmatist ethics, the morally problematic situations that adults living with rare diseases experience matter crucially. However, there is little known about these experiences.Methods (...) A survey study was conducted with 121 adults living with rare diseases in Québec, Canada, to identify morally problematic situations encountered in the healthcare system and everyday life as part of a participatory action research project. Morally problematic situations elicited internal tensions and constraints to agency.Results Adults living with rare diseases experienced morally problematic situations of stigmatization, disbelief, and sometimes abuse in the healthcare system. These situations were compounded by diagnostic delays, inadequate care, and suboptimal follow-up, and led some individuals to opt-out of medical care. In their personal lives, these individuals sometimes found themselves in situations of physical and financial dependency. They often also had to give up professional occupations, academic training, or life projects.Conclusions Adults living with rare diseases experience important morally problematic situations navigating the healthcare system and their everyday lives, some of which could be alleviated through interventions developed through future participatory action research. (shrink)

RésuméDans cet article, je soutiens que certains patients irrémédiablement dépressifs ont la capacité décisionnelle de consentir au traitement même s'ils veulent mourir. On dit que ces patients ont des déficits de capacité appréciative parce qu'ils manquent de compréhension quant à leur condition. Je soutiens que certains de ces patients acquièrent une telle compréhension s'ils peuvent connaître et articuler une gamme de possibilités futures concernant leur santé. Cet argument nécessite une lentille phénoménologique. La phénoménologie saisit quelque chose de fondamental au sujet (...) de la nature des conditions psychiatriques, comme l'expérience temporelle, qui est sans doute nécessaire pour une évaluation plus approfondie de la capacité requise pour recevoir l'aide médicale à mourir (AMM). (shrink)

This collective book analyzes seriality as a major phenomenon increasingly connecting audiovisual narratives (cinematic films and television series) in the 20th and 21st centuries. The book historicizes and contextualizes the notion of seriality, combining narratological, aesthetic, industrial, philosophical, and political perspectives, showing how seriality as a paradigm informs media convergence and resides at the core of cinema and television history. By associating theoretical considerations and close readings of specific works, as well as diachronic and synchronic approaches, this volume offers a (...) complex panorama of issues related to seriality including audience engagement, intertextuality and transmediality, cultural legitimacy, authorship, and medium specificity in remakes, adaptations, sequels, and reboots. Written by a team of international scholars, this book highlights a diversity of methodologies that will be of interest to scholars and doctoral students across disciplinary areas such as media studies, film studies, literature, aesthetics, and cultural studies. It will also interest students attending classes on serial audiovisual narratives and will appeal to fans of the series it addresses, such as Fargo, Twin Peaks, The Hunger Games, Bates Motel, and Sherlock. (shrink)