We argue that although halal certification could potentially reduce the high transaction costs related to buying Islamic financial products, in practice these costs are just replaced by transaction costs relating to the certification itself. It takes considerable time (2–3 months) and money (USD 122.000) to obtain a halal certification. Partially, this is because the market is highly concentrated and non-contestable. About 20 individual Sharia scholars control more than half the market, with the top 3 earning an estimated USD 4.5 million (...) in fees per year. Moreover, this market seems plagued with problems, most notably a strong incentive for excessively lenient certification, lack of consensus on what is considered halal and sub-standard governance practices. We discuss solutions to these problems and conclude that a neutral non-profit government entity should assume the role of halal certifiers. (shrink)

Explores the understanding of self-consciousness and personal identity - two fundamendtal features of human subjectivity - as it developed in early modern philosophy. Udo Thiel presents a critical evaluation of these features as they were conceived in the sevententh and eighteenth centuries. He explains the arguments of thinkers such as Descartes, Locke, Leibniz, Wolff, and Hume, as well as their early critics, followers, and other philosophical contemporaries, and situates them within their historical contexts. Interest in the issues of self-consciousness and (...) personal identity is in many ways characteristic [of] and even central to early modern thought, but Thiel argues here that this is also an interest that continues to this day, in a form still strongly influenced by the conceptual frameworks of early modern thought. In this book he attempts to broaden the scope of the treatment of these issues considerably, covering more than a hundred years of philosophical debate in France, Britain, and Germany while remaining attentive to the details of the arguments under scrutiny and discussing alternative interpretations in many cases"--Publisher's description, p. [4] of dust jacket. (shrink)

Background: The advent of AIDS brought about a group of patients unwilling to accept crucial aspects of the methodological standards for clinical research investigating Phase 1 drugs, surgeries or devices. Their arguments against placebo controls in trials, which depended-at the time-on the terminal status of patient volunteers led to a renewed discussion of the ethics of denying patients with catastrophic illnesses access to last-chance experimental drugs, surgeries or devices. Sources of data: Existing ethics and health policy literature on the topic (...) of access to experimental drugs. Areas of agreement: The positions of those arguing for or against free access to experimental drugs for terminally ill patients are irreconcilable. Areas of controversy: At stake are questions about the kinds of personal sacrifices society can reasonably expect patients in clinical trials to make to ensure statistically predictive results. These would benefit by necessity a much larger number of current and future patients-the conflict is about individual versus public interests. It is also about the question of whether or not the state can legitimately prevent patients with terminal illnesses from unfettered access to experimental drugs, surgeries or devices in order to motivate them to participate in clinical trials. We review the ethical arguments for and against the provision of access to Phase 1 agents for terminally ill patients. Growing points: Finding a compromise between providing free or no access to Phase 1 drugs for terminally ill patients. Areas timely for developing research: We ought to investigate means to increase access to experimental drugs for terminally ill patients without sacrificing necessary clinical trials' sounds scientific methods. (shrink)

Emotions are often met with suspicion in political debates about risky technologies, because they are seen as contrary to rational decision making. However, recent emotion research rejects such a dichotomous view of reason and emotion, by seeing emotions as an important source of moral insight. Moral emotions such as compassion and feelings of responsibility and justice can play an important role in judging ethical aspects of technological risks, such as justice, fairness, and autonomy. This article discusses how this idea can (...) be integrated into approaches for political decision making about risk. The article starts with an analysis of the dichotomous view of reason and emotion in risk theory, in approaches to participatory risk assessment as well as in relevant approaches to political philosophy. This article then presents alternative approaches in political philosophy and political theory that do explicitly endorse the importance of emotions. Based on these insights, a procedural approach for policy making is presented, in which emotional responses to technological risks, and the ethical concerns that lie behind them, are taken seriously. This approach allows for morally better political decisions about risky technologies and a better understanding between experts and laypeople. (shrink)

In a commentary published in Bioethics I defended Qatar as the location of the 2024 World Congress of Bioethics (Schuklenk 2023). I have since, reluctantly, changed my views on this.This brief resp...

Political debate is a distinctive domain in argumentation, characterized by these features: it is about proposals for action, not about propositions that may have a truth value; there may be good arguments on both sides; neither the proposal nor its rejection follows by necessity or inference; the pros and the cons generally cannot, being multidimensional and hence incommen- surable, be aggregated in an objective way; each audience member must subjectively compare and balance arguments on the two sides; eventual consensus between (...) the debaters is not a reasonable requirement. From all this follows a view of the rhetor’s special obligation in democratic, deliberative rhetoric on which it becomes crucial, in the interest of the audience, that political debaters acknowledge good arguments on the opposite side and explain why, on balance, they deem the arguments favoring their own side to be stronger. (shrink)

Douglas Walton has done extensive and valuable work on the concepts of presumption and practical reasoning. However, Walton’s attempt to model practical reasoning as presumptive is misguided. The notions of “inference” and of the burden of proof shifting back and forth between proponent and respondent are misleading and lead to counterintuitive consequences. Because the issue in practical reasoning is a proposal, not a proposition, there are, in the standard case, several perfectly good reasons on both sides simultaneously, which implies that (...) argument appraisal necessarily contains a subjective element—a fact argumentation theory needs to conceptualize. (shrink)

This paper makes a conceptual inquiry into the notion of ‘publics’, and forwards an understanding of this notion that allows more responsible forms of decision-making with regards to technologies that have localized impacts, such as wind parks, hydrogen stations or flood barriers. The outcome of this inquiry is that the acceptability of a decision is to be assessed by a plurality of ‘publics’, including that of a local community. Even though a plurality of ‘publics’ might create competing normative demands, its (...) acknowledgment is necessary to withstand the monopolization of the process of technology appraisal. The paper presents four ways in which such an appropriation of publicness takes place. The creation of dedicated ‘local publics’, in contrast, helps to overcome these problems and allows for more responsible forms of decision-making. We describe ‘local publics’ as those in which stakeholders from the different publics that are related to the process of technology implementation are brought together, and in which concerns and issues from these publics are deliberated upon. The paper will present eight conditions for increasing the effectiveness of such ‘local publics’. (shrink)

Developing World Bioethics, Volume 21, Issue 3, Page 99-99, September 2021.

Do there exist real numbers d with d2 = 0? The question is formulated provocatively, to stress a formalist view about existence: existence is consistency, or better, coherence.Also, the provocation is meant to challenge the monopoly which the number system, invented by Dedekind et al., is claiming for itself as THE model of the geometric line. The Dedekind approach may be termed “arithmetization of geometry”.We know that one may construct a number system out of synthetic geometry, as Euclid and followers (...) did : “geometrization of arithmetic”..Starting from the geometric side, nilpotent elements are somewhat reasonable, although Euclid excluded them. The sophist Protagoras presented a picture of a circle and a tangent line; the apparent little line segment D which tangent and circle have in common, are, by Pythagoras' Theorem, precisely the points, whose abscissae d have d2 = 0. Protagoras wanted to use this argument for destructive reasons: to refute the science of geometry.A couple of millenia later, the Danish geometer Hjelmslev revived the Protagoras picture. His aim was more positive: he wanted to describe Nature as it was. According to him, the Real Line, the Line of Sensual Reality, had many nilpotent infinitesimals, which we can see with our naked eyes. (shrink)

The paper calls for argumentation theory to learn from moral and political philosophy. Several thinkers in these fields help understand the occurrence of what we may call legitimate dissensus: enduring disagreement even between reasonable people arguing reasonably. It inevitably occurs over practical issues, e.g., issues of action rather than truth, because there will normally be legitimate arguments on both sides, and these will be incommensurable, i.e., they cannot be objectively weighed against each other. Accordingly, ‘inference,’ ‘validity,’ and ‘sufficiency’ are inapplicable (...) notions. Further distinctive features of pro and con arguments in practical argumentation are explored, and some corollaries are drawn regarding evaluative norms of legitimate dissensus. Examples from immigrationrelated public debates in Denmark are given. (shrink)

Knowing that technologies are inherently value-laden and systemically interwoven with society, the question is how individual engineers can take up the challenge of accepting the responsibility for their work? This paper will argue that engineers have no institutional structure at the level of society that allows them to recognize, reflect upon, and actively integrate the value-laden character of their designs. Instead, engineers have to tap on the different institutional realms of market, science, and state, making their work a ‘hybrid’ activity (...) combining elements from the different institutional realms. To deal with this institutional hybridity, engineers develop routines and heuristics in their professional network, which do not allow societal values to be expressed in a satisfactory manner. To allow forms of ‘active’ responsibility, there have to be so-called ‘accountability forums’ that guide moral reflections of individual actors. The paper will subsequently look at the methodologies of value-sensitive design and constructive technology assessment and explore whether and how these methodologies allow engineers to integrate societal values into the design technological artifacts and systems. As VSD and CTA are methodologies that look at the process of technological design, whereas the focus of this paper is on the designer, they can only be used indirectly, namely as frameworks which help to identify the contours of a framework for active responsibility of engineers. (shrink)

In this article an attempt is made to develop a concept: the teenwoordige-So, which has a two-fold nature. On the one hand it grows from the philosophical dimensions of the work of Breyten Breytenbach, and on the other, once it is identified it can be used as a method for reading his work. But in order to determine the “environment” of the concept three main elements are investigated in this article. The first is the notion of the rhizome, the second (...) element is identified in/as the Zen Buddhist concept of Tathata or suchness, and the third revolves around an investigation of Jean-Luc Nancy's treatment of the notion of presence in his work The birth to presence. It is argued that both these concepts portray something of a condition of continuous birth or becoming and that this “sense” of the world finds specific expression in the literary work of Breyten Breytenbach. It is also proposed that the expression Breytenbach gives to the condition of presence and suchness opens a nomadic territory, or nomadic understanding of the world which has a political meaning. (shrink)

bespreking van: Marc Slors, Dat had je gedacht! Brein, bewustzijn en vrije wil in filosofisch perspectief, Amsterdam, Boom, 2012, 201 blz, ISBN 978 94 6105 7785.

ArgumentThis paper aims at contributing to the ongoing efforts to get a firmer grasp of the systematic significance of the entanglement of idealism and empiricism in Helmholtz's work. Contrary to existing analyses, however, the focal point of the present exposition is Helmholtz's attempt to articulate a psychological account of objectification. Helmholtz's motive, as well as his solution to the problem of the object are outlined, and interpreted against the background of his scientific practice on the one hand, and that of (...) empiricist and (transcendental) idealist analyses of experience on the other. The specifically psychological angle taken, not only prompts us to consider figures who have hitherto been treated as having only minor import for Helmholtz interpretation (most importantly J.S. Mill and J.G. Fichte), it furthermore sheds new light on some central tenets of the latter's psychological stance that have hitherto remained underappreciated. For one thing, this analysis reveals an explicit voluntarist tendency in Helmholtz's psychological theory. In conclusion, it is argued that the systematic significance of Helmholtz's empirico-transcendentalism with respect to questions of the mind is best understood as an attempt to found his empirical theory of perception in a second order, normative account of epistemic subjectivity. (shrink)

Healthcare professionals’ capacity to protect themselves, while caring for infected patients during an infectious disease pandemic, depends on their ability to practise universal precautions. In turn, universal precautions rely on the availability of personal protective equipment (PPE). During the SARS-CoV2 outbreak many healthcare workers across the globe have been reluctant to provide patient care because crucial PPE components are in short supply. The lack of such equipment during the pandemic was not a result of careful resource allocation decisions in the (...) global north, where the short supply could be explained through their high cost. Instead, they were the result of democratically elected governments prioritising low tax regimes over an adequate resourcing of their healthcare delivery systems. Such decisions were made despite global health experts warning about the high probability of pandemics like SARS-CoV2 occurring during our lifetimes. Avoidable allocation decisions by democratically elected political leaders resulted in a lack of sufficient PPE for healthcare professionals. After discussing and discounting various ethical arguments in support of a professional obligation to treat, even without or with suboptimal PPE, I conclude that these policy decisions were sufficiently grave that they provide a sound ethical rationale to justify healthcare workers’ refusal to provide care to infected patients. (shrink)

ABSTRACTThis report on end‐of‐life decision‐making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.Chapter 1 reviews what is known about end‐of‐life care and opinions about assisted dying in Canada.Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.Chapter 4 reviews the (...) experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying in some shape or form.Chapter 5 provides recommendations with regard to the provision of palliative care in Canada, as well as recommendations for reform with respect to the various forms of assisted death covered in this document. (shrink)

Der Autor untersucht das Paar Repräsentation/Nichtrepräsentation über mehrere Sprachen (Deutsch, Englisch, Französisch) und verschiedene theoretische Perspektiven hinweg (u. a. Lacan, Laplanche, Botella, Levine). Dabei kommt er zu dem Ergebnis, dass es unangemessen ist, Freuds Psychoanalyse als eine »Theorie der Repräsentation« zu bezeichnen: Weder gibt es im Unbewussten Repräsentationen, noch lässt sich das Unbewusste selbst repräsentieren. Die Sphäre des Unbewussten und die der Repräsentation sind miteinander radikal inkompatibel. Für den Autor benennt Lacans Begriff des Realen jene Zone des Psychischen, in der (...) die Darstellungsmittel des psychischen Apparates an seine Grenze stoßen. Dies wird an mehreren Traumbeispielen gezeigt. (shrink)

If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...) aim. And that aim, which is often assumed to override all the arguer’s other considerations, is strategic: to persuade his hearer(s) by any available means and .. (shrink)

This article provides an analysis of moral emotions from an attributional point of view, guided by the metaphors of man as a naïve scientist (Heider, 1958) and as a moral judge (Weiner, 2006). The theoretical analysis focuses on three concepts: (a) The distinction between the actor and the observer, (b) the functional quality of moral emotions, and (c) the perceived controllability of the causes of events. Moral emotions are identified (admiration, anger, awe, contempt, disgust, elevation, embarrassment, envy, gratitude, guilt, indignation, (...) jealousy, pity, pride, rage, regret, remorse, resentment, respect, schadenfreude, scorn, shame, and sympathy). A classification of these moral emotions is suggested and the empirical evidence briefly summarized. In discussing our results, we identify unresolved issues awaiting further analyses and research. (shrink)

This paper examines the intrinsic relation between institutions and social justice. Its starting point is that processes of institutionalization invoke societal groups to articulate justice demands which, in their turn, give rise to processes of institutional redesign. In liberal democracies, demands for justice are articulated as a pursuit for emancipation and empowerment of groups that feel excluded by dominant categorizations. The imminent presence of this twin pursuit for justice can be explained by the conceptual inconsistencies that characterize the distinction between (...) the public and private sphere. These inconsistencies also explain why demands for emancipation and empowerment are intrinsically ambiguous and inconsistent. In order to reconsider the question how institutions are to be adapted to allow for social justice while acknowledging the plurality, ambiguity and volatility of justice demands, the paper will propose an empirical and normative research agenda. (shrink)

Bioethics, Volume 36, Issue 1, Page 1-2, January 2022.

Literature on corporate social responsibility has tended to treat economic benefits to the firm as unintentional spillovers that result from laudable CSR behavior. Empirical studies of the relationship between CSR and corporate financial performance have reported mixed findings. This article shifts the conceptual and empirical focus to investigate the conditions under which intentional profit-seeking through corporate social action projects can create economic value for the firm. The article uses resource-dependency theory and the resource-based view to define the firm’s external and (...) internal environments respectively. From that perspective, the article looks at how corporate social action creates economic value through strategic social planning and strategic social positioning. A survey instrument was developed and applied to 110 large Spanish firms. In that sample, munificence and continuous innovation positively affect social positioning, while nongovernmental organization salience and social responsibility orientation positively affect social planning. Both social positioning and social planning in turn contribute to corporate ability to create value. The article concludes with a discussion of the research and managerial implications of these findings. (shrink)

We describe a number of conscientious objection cases in a liberal Western democracy. These cases strongly suggest that the typical conscientious objector does not object to unreasonable, controversial professional services—involving torture, for instance—but to the provision of professional services that are both uncontroversially legal and that patients are entitled to receive. We analyse the conflict between these patients' access rights and the conscientious objection accommodation demanded by monopoly providers of such healthcare services. It is implausible that professionals who voluntarily join (...) a profession should be endowed with a legal claim not to provide services that are within the scope of the profession's practice and that society expects them to provide. We discuss common counterarguments to this view and reject all of them. (shrink)

The opinion of the American Medical Association (AMA) Council on Ethical and Judicial Affairs (CEJA) on the accommodation of conscientious objectors among medical doctors aims to balance fairly patients’ rights of access to care and accommodating doctors’ deeply held personal beliefs. Like similar documents, it fails. Patients will not find it persuasive, and neither should they. The lines drawn aim at a reasonable compromise between positions that are not amenable to compromise. They are also largely arbitrary. This article explains why (...) that is the case. The view that conscientious objection accommodation has no place in modern medicine is defended. (shrink)

This introduction presents the set of six articles, written by rhetorical scholars, which constitute the bulk of the present special issue of Argumentation. In the introduction, the issue editor seeks to identify defining features of a rhetorical approach to argumentation. Taking this approach means dealing with argumentation in the “realm of rhetoric”, which comprises argumentation where deductive “demonstration” is not available. This has several corollaries, including the condition of uncertainty and the necessity of securing adherence from an audience. The articles (...) in the issue explore these and other characteristics of argumentation in the realm of rhetoric. (shrink)

Aus dem Inhalt: Epistemologische und ontologische Bedeutung der Liebe - Ich / Personalität - Du / Andere(s) - Das theologische Argument - Die entfremdete Liebe - Leiblichkeit / Praxis / Gefühl - Liebe als Kommunikation - Liebe und Existenz - Konstruktivität der Liebe.