What standard or principle should guide decisionmaking concerning the permissibility of allowing children to be organ donors? For a long time, it has been widely assumed that the best interest of the child is the appropriate standard. But recently, several critics have charged that this standard fails to give due weight to the interests of the family and the intimate relationships that the family makes possible.1,2 This article reviews and rejects both the best-interest standard and the alternative standard recommended by (...) the critics. I then propose a new standard to help parents, healthcare professionals, and judges decide when it is and is not permissible for children to serve as organ donors. This new standard modifies and broadens the best-interest standard to allow it to account adequately for the contribution that intimate relationships make to the well-being of children. (shrink)

The allocation of vaccines and therapeutics for Covid‐19 obviously raises ethical questions, and physicians and ethicists have begun to address them. Writers have identified various criteria that should guide allocation decisions, but the criteria often conflict and need to be balanced against one another. This article proposes a model for thinking about how different considerations that are relevant to the distribution of vaccines and scarce treatments for Covid‐19 could be integrated into an allocation procedure. The model employs the construct of (...) a weighted lottery, which is a construct that has been employed in other contexts that involve the distribution of scarce resources. The article highlights the advantages of applying a weighted lottery to the Covid‐19 context and offers an illustration for how it might work in practice. The primary aim of the article is to articulate the structural features of a weighted lottery for this context and to bring out its advantages over other methods for allocating Covid‐19 medications. (shrink)

Special Issue, n. I, ch. 1, On the Transcendental.

In this paper, I draw from Kantian and Husserlian reflections on the self-awareness of thinking for a contribution to the cognitive phenomenology debate. In particular, I draw from Kant’s conceptions of inner sense and apperception, and from Husserl’s notions of lived experience and self-awareness for an inquiry into the nature of our awareness of our own cognitive activity. With particular consideration of activities of attention, I develop what I take to be Kant’s and Husserl’s “agentive” and “proprietary” accounts. These, I (...) believe, augment contemporary discussions in interesting ways and further bolster the case for cognitive phenomenology. Moreover, the historical comparison highlights a number of assumptions made today that were not yet part of the framework at the time of Kant or at the time of Husserl. This helps reflect on the legitimacy of these assumptions. (shrink)

This paper investigates Kit Fine's account of the nature of material objects – the theory of embodiments.1 This theory is custom-fitted to an intuitive distinction between ‘timeless’ and ‘temporary’ parthood. It incorporates these notions by postulating two operations by which objects can be generated from their (immediate) parts. The operation of ‘rigid embodiment’ generates objects which have their immediate parts timelessly. In contrast, any product of the alternative operation, ‘variable embodiment’, has only temporary material parts. I shall argue that Fine's (...) operations of embodiment cannot account for what I call ‘nucleated wholes’ – objects which have both timeless and temporary immediate parts. As such, the theory of embodiment does not account for a significant class of material things. Having explained the problem, I consider four ways in which Fine's theory might be defended. None of these responses is entirely satisfactory. I conclude by highlighting two ways in which one might continue – either proceeding within Fine's ‘operationalist’ framework, or dropping this and developing an alternative framework. (shrink)

Exhaustion in the Plantationocene This contribution comments on Guno Jones’ notion of Citizenship Violence developed through his reading of We Slaves of Suriname by Anton de Kom. It addresses Jones’ discussion of exhaustion as a structural legacy of the plantation, proposing that exhaustion is also integral to the ‘Plantationocene’. This term, introduced by Donna Haraway and Anna Tsing, emphasizes how the plantation has been a laboratory for the subjection of organic life to radical simplification and commodification in modernity. Then, the (...) discussion extends to the critique of the Plantationocene by Malcom Ferdinand and Janae Davis et al., highlighting the racial politics of plantations and their connection to slavery. Furthermore, it examines the relationship between exhaustion, property, and whiteness. Additionally, this contribution pays attention to the interplay between Citizenship Violence and the politics of religion and secularity within the Dutch context, drawing parallels with Mohammed Amer Meziane’s analysis of the French context. (shrink)

Durante o programa policialesco Alerta Nacional, da RedeTV!, o apresentador Sikêra Jr. proferiu uma crítica homotransfóbica, ao comentar o anúncio publicitário “Como explicar?”, do Burger King Brasil. A peça em questão trazia depoimentos reais de crianças, que compartilharam suas percepções e vivências em famílias LGBTI+, fugindo do padrão da família tradicional brasileira. Nesse sentido, cumpre problematizar o posicionamento de Sikêra Jr. endossado pela mídia, no caso pela emissora do programa, apesar da homotransfobia ter sido criminalizada no País desde 2019. Posto (...) isso, o propósito deste artigo consiste em compreender a estratégia discursiva adotada, por meio da identificação das suas formações discursivas, quais sejam (I) religiosa fundamentalista; (II) em defesa da pátria; e da (III) família tradicional brasileira. Verificamos, assim, um resgate aos valores conservadores, colocando em mira a comunidade LGBTI+ e elegendo-a enquanto inimiga a ser combatida. (shrink)

When confronting the issues related to developments in modern medicine and biotechnology, we must repeatedly ask ourselves anew what can and cannot be justified in an ethical sense. For radically new ethical questions seem to arise through innovative techniques such as stem cell research or preimplantation diagnosis — and with them new areas of conflicting interests. If one scrutinizes the previous positions related to this subject, it becomes conspicuous that a multitude of questions has quickly piled up — however, (as (...) in the case of Germany) comprehensive and differentiated views have mostly been lacking. (shrink)

Functional explanations apply not only in cases of normal functioning, but also in the case of malfunctioning. According to a straightforward analysis, a bearer of the function to F is malfunctioning if and only if it does not F although it should do so. This makes malfunctions and malfunctionings analogous to negative causation and thus peculiarly problematic, because they seem to involve absent dispositions and absent processes. This analysis seems also to require that the function to F cannot be identical (...) with the disposition to F. Then we seem to be trapped in a dilemma: Either the realm of functions is separated from the realm of dispositions; then it seems that functions cannot be causally efficacious. Alternatively, functions are considered to be identical with dispositions; but then malfunctioning seems to be conceptually impossible. The paper defends and further develops the thesis of Röhl and Jansen that functions are not a special type of dispositions. For this purpose, it first reviews different varieties of malfunction and malfunctioning and suggests definitions of both malfunction and malfunctioning. It reviews how causal, etiological and intentional theories of functions can deal with these problems. In particular, the paper discusses the special-disposition account of the Basic Formal Ontology. Spear, Ceusters and Smith :103--128, 2016) have defended the special-disposition account of the Basic Formal Ontology by suggesting various strategies how a special-disposition account can deal with malfunctions. On the one side, the paper evaluates these strategies and indicates several problems arising from them. On the other hand, it describes how to account for the non-optionality and the causal efficacy of functions, if functions are not dispositions. While function types are not identical to disposition types, there are important interrelations between functions and dispositions, namely heuristically, from a design perspective for artefact functions, and from an evolutionary perspective for types of biological functions. (shrink)

The human body can be regarded in at least two ways: objectively, as a physical and organic body; and subjectively, as the center of orientation and lived affective unity. However, this distinction can lose sight of the fact that the ‘lived body’ is not reducible to subjective idiosyncrasies. Trans-individual norms are embodied too, as Michel Foucault and Judith Butler have shown. Phenomenological investigations of normalization and habitualization help bring these two important dimensions of embodiment together and overcome simplistic oppositions between (...) phenomenological and poststructuralist approaches. These investigations lead into issues of female body optimization and control that we take to be characteristic of contemporary neoliberalist embodiment. (shrink)

This paper provides a new rationale for equating brain death with the death of the human organism, in light of well-known criticisms made by Alan D Shewmon, Franklin Miller and Robert Truog and a number of other writers. We claim that these criticisms can be answered, but only if we accept that we have slightly redefined the concept of death when equating brain death with death simpliciter. Accordingly, much of the paper defends the legitimacy of redefining death against objections, before (...) turning to the specific task of defending a new rationale for equating brain death with death as slightly redefined. (shrink)

This article presents an analysis and evaluation of what I call the “I’m not stupid” argument. This argument has ancient roots, which lie in Aristotle’s famous description of the weak man’s and strong man’s arguments. An “I’m not stupid” argument is typically used in a context of accusation and defense, by a defendant who argues that they did not commit the act of which they have been accused. The analysis of this type of argument takes the shape of an argumentative (...) pattern, which displays a full-fledged representation of its argumentation structure. It is based on a collection of ten contemporary instances of the “I’m not stupid” argument. Although ten instances constitute a small collection, the wide variation in the argumentative elements that they express explicitly or leave implicit made it possible to identify five new key premises in comparison with previous analyses of the weak man’s and strong man’s arguments (Walton, Tindale and Gordon 2014 in _Argumentation_ 28:85–119, 2014; Walton 2019 in _Argumentation_ 33:45–74, 2019). These new premises show that the crucial point of an evaluation of this argument is the arguer's supposedly rational character in making a gain-loss calculation. They also show that we need empirical data to strengthen our analyses of argument schemes and argumentation structures. (shrink)

It is often claimed that the intentions of physicians are multiple, ambiguous, and uncertain—at least with respect to end-of-life care. This claim provides support for the conclusion that the principle of double effect is of little or no value as a guide to end-of-life pain management. This paper critically discusses this claim. It argues that proponents of the claim fail to distinguish two different senses of “intention,” and that, as a result, they are led to exaggerate the extent to which (...) clinical intentions in end-of-life contexts are ambiguous and uncertain. It argues further that physicians, like others who make life and death decisions, have a duty to get clear on what their intentions are. Finally, it argues that even if the principle of double effect should be rejected, clinical intentions remain ethically significant because they condition the meaning of extraordinary clinical interventions, such as that of palliative sedation. (shrink)

The concept of imagination is notoriously ambiguous. Thus one must be cautious not to use ‘imagination’ as a placeholder for diverse phenomena and processes that perhaps have not much more in common than that they are difficult to assign to some other, better defined domain, such as perception, conceptual thought, or artistic production. However, this challenge also comes with great opportunities: the fecundity and openness of ‘imagination’ appeal to researchers from different disciplines with different approaches and questions, and it draws (...) together fields of enquiry that are initially considered far apart. Hence, arguably, the field of imagination is particularly poised for interdisciplinary enquiry. In the section on Imagination in Interdisciplinary Research, I will talk about some of the issues that have already entered that field of interdisciplinary inquiry. (shrink)

After a short sketch of Lowe’s account of his four basic categories, I discuss his theory of formal ontological relations and how Lowe wants to account for dispositional predications. I argue that on the ontic level Lowe is a pan-categoricalist, while he is a language dualist and an exemplification dualist with regard to the dispositional/categorical distinction. I argue that Lowe does not present an adequate account of disposition. From an Aristotelian point of view, Lowe conflates dispositional predication with hôs epi (...) to poly statements about what is normally or mostly the case. (shrink)

This piece looks into the atmospheric and catastrophic environments that punctuate H of H: storms, ice-breaks, volcanic eruptions, and nuclear explosions that give the tragic narrative an electrifying edge. It draws attention to a “chemical” poetics at the heart of Carson’s translation technique and thinking about Euripides’ play. This mannerism, also found in Euripides’s “combustible mixture of realism and extremism” (Grief Lessons, blurb), is not exclusive to H of H. It can be detected across Carson’s oeuvre – a tendency to (...) combust the reader’s mind in ways that become a philosophy for re-reading Euripides and, more ambitiously, Carson’s own sense of the tragic. (shrink)

This book provides a theory of the juridification of business ethics. Ethical codes pop up everywhere in the business world and increasingly resemble the code of law. A focus on compliance rather than reflection becomes the norm. Legal perspectives replace ethical perspectives, turning ethicists into lawyers without a law degree. This juridification of business ethics conceals a diminishing trust in ethics, as legal reasoning substitutes philosophical thinking. By appealing to the critical study of law, Bart Jansen advocates for a (...) renewed focus on the ethical side of business. This book shows the importance of a good balance between law and ethics in business and is of great interest to both academics and professionals. (shrink)

In recent years, many states in the United States have passed legislation requiring laboratories to report the names of patients with low CD4 cell counts to their state Departments of Health. This name reporting is an integral part of the growing number of “HIV Reporting and Partner Notification Laws” which have emerged in response to recently revised guidelines suggested by the National Centers for Disease Control (CDC). Name reporting for patients with low CD4 cell counts allows for a more accurate (...) tracking of the natural history of HIV disease. However, given that this test is now considered to be an “indicator” of HIV, should it be subject to the same strict consent required for HIV testing? While the CDC has recommended that each state develop its own consent requirements for CD4 cell testing, most states have continued to rely on the presumed consent standards for CD4 cell testing that were in place before the passage of name reporting statutes. This allows physicians who treat patients who refuse HIV testing to order a CD4 cell blood analysis to gather information that is indicative of their patient’s HIV status. This paper examines the ethical and legal issues associated with the practice of “conscientious subversion” as it arises when clinicians use CD4 cell counts as a surrogate for HIV testing. (shrink)

Introducing formal causation / Ludger Jansen and Petter Sandstad -- Form, intention, information : from scholastic logic to artificial intelligence / Gyula Klima -- Formal causation : accidental and substantial / David S. Oderberg -- A non-hylomorphic account of formal causation / Petter Sandstad and Ludger Jansen -- Formal causes for powers theorists / Giacomo Giannini and Stephen Mumford -- Away with dispositional essences in trope theory / Jani Hakkarainen and Markku Keinänen -- Functional powers / Michele Paolini (...) Paoletti -- An Aristotelian approach to existential dependence / Benjamin Schnieder and Jonas Werner -- Finean feature dependence and the Aristotelian alternative / Wolfgang Sattler -- A problem for natural-kind essentialism and formal causes / José Tomás Alvarado and Matthew Tugby -- Form as cause and the formal cause : Aristotle's answer / James G. Lennox -- Form, cause, and explanation in biology : a neo-Aristotelian perspective / Christopher J. Austin -- Formal explanation and mechanisms of conceptual representation / Sandeep Prasada. (shrink)

Researchers and ethicists have long been concerned about the expectations for direct medical benefit expressed by participants in early phase clinical trials. Early work on the issue considered the possibility that participants misunderstand the purpose of clinical research or that they are misinformed about the prospects for medical benefit from these trials. Recently, however, attention has turned to the possibility that research participants are simply expressing optimism or hope about their participation in these trials. The ethical significance of this therapeutic (...) optimism remains unclear. This paper argues that there are two distinct phenomena that can be associated with the term ‘therapeutic optimism’—one is ethically benign and the other is potentially worrisome. Distinguishing these two phenomena is crucial for understanding the nature and ethical significance of therapeutic optimism. The failure to draw a distinction between these phenomena also helps to explain why different writers on the topic often speak past one another. (shrink)

In order to develop the ontology of tendencies for use in the representation of medical knowledge, tendencies are compared with other kinds of entities possessing the realizable-realization structure, specifically: dispositions, propensities, abilities and virtues. The peculiarities of tendencies are discussed and a standard schema of tendency ascription is developed in order to represent the relations between the ascriptions of tendency tokens to particulars and the ascriptions of tendency types to universals. Two nonstandard cases and their epistemic variants are discussed.

There is broad agreement among research ethicists that investigators have a duty to obtain the informed consent of all subjects who participate in their research trials. On a common view, the duty to obtain this informed consent follows from the need to respect persons and their autonomous decisions. However, the nature of informed consent and the demands it places on investigators are open to dispute and recently have been challenged. Respect for persons, it has been claimed, does not require investigators (...) to guarantee that the subjects enrolled in their trials comprehend the risk/benefit information disclosed to them or even that they appreciate the difference between research and therapy. According to this critique, the significance of defects in informed consent, like therapeutic misconception or unrealistic optimism, has been greatly exaggerated. This article reevaluates informed consent in clinical research in light of this critique. It not only rebuts the main points the critics raise, but also shows that other points they raise can be accepted by a doctrine of informed consent that resembles the common view in maintaining that autonomous authorization is central to informed consent. (shrink)

In an era of rapidly rising health care costs, physicians and policymakers are searching for new and effective ways to contain health care spending without sacrificing the quality of services provided. These proposals are increasingly articulated in terms of an ethical duty of stewardship. The duty of stewardship in medicine, however, is not at present well understood, and it is frequently conflated with other duties. This article presents a critical analysis of the notion of stewardship, which shows that it has (...) an important and distinctive place in medical ethics. It claims that stewardship in medicine concerns the responsible use of a society’s medical resources and it discusses the extent to which medical professionals are the proper stewards of these resources. The article argues that the duty of stewardship is best understood as a duty that applies in a space between the obligations of health care providers to provide beneficent care to their patients on the one hand and the obligations of citizens to bring about and support a just health care system on the other. Seen with clear eyes, stewardship in medicine is neither a consequence of beneficent medical care nor a substitute for justice. (shrink)

Paediatric Intensive Care Units (PICU) are complex interdisciplinary environments where challenging, high stakes decisions are frequently encountered. We assert that appropriate decisions are more likely to be made if the decision-making process is comprehensive, reasoned, and grounded in thoughtful deliberation. Strategies to overcome barriers to high quality decision-making including, cognitive and implicit bias, group think, inadequate information gathering, and poor quality deliberation should be incorporated. Several general frameworks for decision-making exist, but specific guidance is scarce. In this paper, we provide (...) specific guidance on collaborative complex decision-making for PICUs. The proposed approach is on principles of procedural justice and pragmatic hermeneutics. The process encompasses set-up/planning, information gathering, question formulation, analysis (perspectives, values, and principles), action plan development, decision documentation, and a review and appeal mechanism. The process can be adapted to suit other clinical contexts. Research evaluating the process, exploring how best to develop education for clinicians, and how to build a culture that values high quality deliberation, is worthwhile. (shrink)

In this article I address the idea that in Husserl’s eidetic ontology all possibilities are fixed ‘in advance’ so that actual objects and events—despite their contingency—can only ever unfold possibilities that are ‘permitted’ to them by their essences. I show how this view distorts Husserl’s ontology and argue that this distortion stems from a misconstrual of the relations between essences and facts, and between ideal and real possibilities. These ‘local’ misconstruals reflect, I contend, a ‘global’ misunderstanding that mistakes descriptive distinctions (...) for ‘real’ separations, and that remains indebted to a non-Husserlian understanding of the a priori–a posteriori-distinction. In support of this argument, I first lay out the relevant objection to Husserl’s eidetics as I understand it. Then, I clarify the relation between ideal and real possibilities in the context of Husserl’s eidetics as I see it. Finally, I make a general point about the status of Husserl’s ontological differentiations ‘in the midst of life,’ namely in how what they differentiate is effective and (tacitly) manifest ever only as one moment (amongst many) of the complex whole that is a concrete life of consciousness. I end with some remarks on what this might mean for future phenomenological research on the imagination. (shrink)

Drawing the line on physician assistance in physician-assisted death (PAD) continues to be a contentious issue in many legal jurisdictions across the USA, Canada and Europe. PAD is a medical practice that occurs when physicians either prescribe or administer lethal medication to their patients. As more legal jurisdictions establish PAD for at least some class of patients, the question of the proper scope of this practice has become pressing. This paper presents an argument for restricting PAD to the terminally ill (...) that can be accepted by defenders as well as critics of PAD for the terminally ill. The argument appeals to fairness-based paternalism and the social meaning of medical practice. These two considerations interact in various ways, as the paper explains. The right way to think about the social meaning of medical practice bears on fair paternalism as it relates to PAD and vice versa. The paper contends that these considerations have substantial force when directed against proposals to extend PAD to non-terminally ill patients, but considerably less force when directed against PAD for the terminally ill. The paper pays special attention to the case of non-terminally ill patients who suffer from treatment-resistant depression, as these patients present a potentially strong case for extending PAD beyond the terminally ill. (shrink)

If people sometimes participate in research because of altruism—because they want to help in the search for treatments—should we revise our views about what kinds of experiments are ethical? If participants act out of altruism, we might let them accept greater risks than we would if they are motivated only by a desire for personal gain. But how can we know when participants are genuinely altruistic?

""Catching Ourselves in the Act" is no less than an attempt to explain intelligence. Delightful how the author dismantles traditional views in.

To whom do sperm and ova belong? Few tissues are produced by the human body with more waste than the germ cells. Yet dominion over the germ cells, and over the early embryo that results from their union in vitro, is behind much of the emotion that modern reproductive intervention can engender. The germ cells differ from other human tissues that can be donated or transplanted because they carry readily utilizable genetic information. Eventual expression of the germ cells' genetic potential (...) is the legitimate concern and responsibility of their donors, although in the right circumstances the responsibility can by agreement be entrusted to institutions administering gamete or embryo donor programmes; these institutions, in turn, may need to assume responsibility for decisions if, in the case of embryo storage, the wishes of the two donors conflict. The fact of sperm and ovum ownership (and the genetic potential that goes with it) before individuals part with these tissues is beyond dispute. Some contentious issues may be clarified if this area of human dominion, namely control over genetic expression among offspring, is acknowledged to be the legitimate persisting concern of those who have produced sperm and ova after storage commences. (shrink)

In this paper I trace Husserl’s transformation of his notion of phantasy from its strong leanings towards empiricism into a transcendental phenomenology of imagination. Rejecting the view that this account is only more incompatible with contemporary neuroscientific research, I instead claim that the transcendental suspension of naturalistic (or scientific) pretensions precisely enables cooperation between the two distinct realms of phenomenology and science. In particular, a transcendental account of phantasy can disclose the specific accomplishments of imagination without prematurely deciding upon a (...) particular scientific paradigm for its experimental investigation; a decision that is best left to the sciences themselves. (shrink)

Lærdom der lyser -- Calderón : livet er en drøm -- Carl von Linné : Nemesis Divina -- Friedrich Schlegel -- Grundtvig og Kierkegaard -- F.C. Sibbern : meddelelser af indholdet af et skrift fra aar 2135 -- Sjælens triumf -- Fantasiens Janushoved : den historiske roman og fremtidsvisionen -- Når oldtid bliver til nutid -- Angsten der helbreder : David Lodge og Kierkegaard som terapeut.

A model for the trapping of animals with a circular pitfall is formulated. The model's assumptions are: The animals move independently according to the same Brownian motions. The boundary of the pitfall acts as an absorbing or elastic barrier. Initially a fixed number of animals is independently homogeneously distributed over a finite study area, or the initial positions follow a homogeneous planar Poisson process. The model depends on three free parameters: the motility of the animals, their reaction to the pitfall, (...) the initial density.It appears that the catches in disjoint time intervals are multinomially or independently Poisson distributed. The parameters of these distributions are obtained by solving certain partial differential equations. (shrink)

This paper elaborates on discussions in Germany regarding some of the ethical and legal issues in the area of the use and patenting of inventions involving human tissue. The issues discussed pertain to the benefits and problems regarding informed consent and the issue of property rights as they relate to the donation of cells and tissue.

In prevention and health promotion interventions, screening methods and risk profile assessments are often used as tools for establishing the interventions’ effectiveness, for the selection and determination of the health status of participants. The role these instruments fulfil in the creation of effectiveness and the effects these instruments have themselves remain unexplored. In this paper, we have analysed the role screening methods and risk profile assessments fulfil as part of prevention and health promotion programmes in the selection, enrolment and participation (...) of participants. Our analysis showed, that screening methods and health risk assessments create effects as they objectify health risks and/or the health status of individuals, i.e., they select the individuals ‘at risk’ and indicate the lifestyle modifications these people are required to make in order to improve their health. Yet, these instruments also reduce the group of participants thereby decreasing the possible effect of interventions, as they provide the legitimisation for people to make choices to whether they enrol or not and what lifestyle changes they incorporate into their lives. In other words, they present a space of interaction, in which agency is distributed across the practice nurses, the participants and the instruments. Decisions were not just made upon the projection of the outcomes of these instruments; decisions that were made by both the patients and practice nurses were the resultant of their opinions on these outcomes that were formed in interaction with the instruments. (shrink)