In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Judaism and EnlightenmentHeidi Morrison RavvenAdam Sutcliffe. Judaism and Enlightenment. New York: Cambridge University Press, 2003. Pp. xv + 314. Cloth, $60.00.Adam Sutcliffe's detailed and wide-ranging historical study of the image of the Jews and of Judaism in the minds of Enlightenment thinkers very broadly conceived might better be [End Page 343] titled Enlightenment Myths of Jews and Judaism. Sutcliffe admirably captures the consistently mythic portrayal of Jews (...) and Judaism mostly offered as interpretations of the Hebrew Bible (Old Testament) rather than with reference to actual living or historical Jews. Although not explicitly acknowledged, what Sutcliffe offers the reader is a comprehensive catalogue of Enlightenment ideology or, better, theologizing about Judaism and the Jews. I say theologizing because the ubiquitous stark ambivalence toward the Jews that Sutcliffe argues Enlightenment thinkers to a person harbored, from the early Christian Hebraists and Kabbalists to the deists, to Voltaire and beyond the Enlightenment proper even to Freud (whom Sutcliffe not completely in jest regards as the last philosophe) echoes and reconfigures the quintessential Christian ambivalence toward Jews as both God's chosen and God's rejected. Christianity's need to legitimate the Hebrew Bible as the Old Testament stands in perpetual conflict with its need to de-legitimate the Jews as its rightful owners and heirs. Sutcliffe is utterly convincing that the Enlightenment conception of the Jews has irreducible mythic and conflictual aspects.The author's intended purpose, however, which is to convince the reader that Judaism and the Jews are the paradigmatic crux of the unassimilability of the mythic and particular by Enlightenment reason and hence to bring into question Enlightenment ideals themselves, is less convincing. Instead the data Sutcliffe amasses seem to point to the conclusion that Enlightenment thinkers were deeply imbued with mythic categories and ancient prejudices not easily sloughed off by mere protestations of rational autonomy and commitment to universal ideals.Sutcliffe's mistake is to grant to the Enlightenment thinkers their ground on both their self-valuation as exemplars of the deployment of universal reason or rational universalism and also their classification of Judaism as particularist mythos in opposition to just such reason. What Sutcliffe's carefully collected and exhaustively presented data suggest, instead, is that when it came to Judaism, the Enlightenment thinkers were neither rational nor universalist but instead culture bound and impassioned. The book's great strength is its admirable and exhaustive scholarly grasp of European Enlightenment works and its systematic presentation of the Jews in the imagination of these Enlighteners. Nevertheless, missing from this book is a scholarly understanding of Jewish sources both biblical and post-biblical and especially of Jewish philosophy. As a result, Judaism (and even the Hebrew Bible) signify to the author what Enlighteners mistakenly and prejudicially cast it as, namely, Europe's quintessential mythic particularism. But this caricature ignores the reality of rabbinic Judaism's profoundly rationalist tendencies and also the universalist aspirations and claims of the Jewish philosophic tradition whose deep roots go back to the Hellenistic era, let alone the universality of the Bible which is hardly less than that of Shakespeare. Hence Sutcliffe perpetuates a negative (and false) stereotype in the name of valorizing it. In this he is persuaded by a post-modernist agenda suggested, but not generally intrusive, throughout the book and made explicit at the end.Particularly jarring is Sutcliffe's inclusion of Spinoza in his catalogue of Enlightenment villifiers of Judaism as a form of unassimilable particularism and mythic primitivism. Spinoza instead clearly and repeatedly argues in the Tractatus Theologico-Politicus that biblical Judaism is exemplified par excellence by its universalist ethics and hence it is the Ancient Jewish Commonwealth that ought to serve as an exemplar for the Dutch republic and all modern polities, as Michael Rosenthal has admirably shown in several essays. Spinoza draws this conclusion from the deployment of what he explicitly develops as his scientific method of reading texts, a method he argues is the same as the scientific method of amassing the data of nature and systematizing it in order to let its explanatory categories emerge therefrom (Tractatus Theologico-Politicus, vii). The central result of using the scientific method on the Bible... (shrink)

CHAPTER 1 Introduction HEIDI M. RAVVEN AND LENN E. GOODMAN The attitudes of Jewish thinkers toward Spinoza have defined a fault line between traditionalist ...

In this paper I argue that the Hegelian philosophy offers insights that are particularly important for feminists: 1) a descriptive analysis of the historic family as a social system whose inherent oppressiveness needs to be transcended; and 2) a model of intrapsychic and social liberation and harmony as precisely the true path of emergence from and rational transformation of the family. Although a clear advocate of the traditional bourgeois family, Hegel, perhaps paradoxically, also took a critical posture toward the family, (...) identifying and formulating theoretically the nature of its oppressiveness and the - or, at least, a - route toward its transcendence. This paper offers, first, a new angle from which to view Hegel’s concepts of woman and the family, and, second, draws some implications for a contemporary understanding of women and the family from Hegel’s theory of human liberation as the transcendence of the unindividuated harmonious communities of the family and the Greek city. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 385-406 [Access article in PDF] Some Thoughts on What Spinoza Learned from Maimonides on the Prophetic Imagination Part Two:Spinoza's Maimonideanism Heidi M. Ravven 1. Spinoza's Maimonideanism Now it is precisely with the belief that the prophets were philosophers and the Bible offers veiled insights into the central doctrines of philosophy, so powerfully argued and deeply held by Maimonides that (...) he included it as one of his Thirteen Principles of Jewish Faith the acceptance of which is a necessary condition of a share in the World to Come, 1 that Spinoza took strong issue. 2 At the same time, however, Spinoza agreed with Maimonides' doctrine [End Page 385] of the a. imaginative (literary) character 3 and b. the political function 4 of the Bible and of its authors and of the major prophetic figures. The quite obvious influence of Maimonides' account of prophecy upon Spinoza's account in the Tractatus Theologico-Politicus (TTP) has been widely recognized and commented upon. That is to say (although no commentator up till now, as far as I know, has made this point explicit), Spinoza adopted Maimonides' conception of prophecy as mimetic or productive and not only—or chiefly—as receptive. 5 The Maimonidean account of the (prophetic) imagination clarifies why the atomic fact model of the receptive function of the imagination is inapplicable to the TTP. The imaginative character of prophecy is not about picking up information (in a dream or otherwise) delivered from God; rather, it concerns how one understands (and presents) certain truths (in the case of Spinoza's notion of prophecy, namely, those of ethics and in Maimonides' those of science as well as of ethics) imaginatively rather than rationally, i.e., within a web of (narrative and symbolic) associations instead of within the deductive order of rational causal explanation. "Now we see," Spinoza, in the first chapter [End Page 386] of the Tractatus, 6 writes, echoing Maimonides (esp. Guide II, 47), "why the teachings of the prophets were nearly all in the form of parables and allegories, and why all spiritual matters were expressed in corporeal form, for this is more appropriate to the imaginative faculty." Prophecy does not consist in the simple reception of pieces of information transmitted directly from God. This is not what it is for Maimonides nor for Spinoza.Thus we find that Spinoza formally defines the prophet in the beginning of TTP, chapter i, as "one who interprets (interpretatur) God's revelations to those who cannot attain to certain knowledge of the matters revealed... For the Hebrew word for prophet is nabi, that is, speaker and interpreter (orator et interpres)." 7 The prophet is interpreter in imaginative terms, whether he reformulates belief imaginatively or instead merely understands it in that way himself to begin with. Prophecy is an imaginative (narrative, symbolic) rather than a philosophical (logical and demonstrable) type of understanding and presentation. If one looks at Spinoza's account of prophecy in TTP i, one finds that immediately after Spinoza defines prophecy, he then goes on to tell us what revelation is scientifically: "the nature of [the human] mind... is the primary cause of divine revelation." That is to say, the mind itself, whether rationally in intellectual thought or in its imaginative capacity and in both cases as itself a product of divine (i.e., natural) causes, supplies the content of revelation. 8 Spinoza then goes on to say that now that we have understood the true explanation of prophecy, we must return from this scientific understanding to the biblical account of prophecy. At that point he tells us that "the Jews never make mention of intermediate or particular causes nor pay any heed to them, but to serve religion and piety... they refer everything to God." Now this is a crucial passage and must be used as an interpretive principle for all that follows. (Spinoza illustrates the point in some detail at the end of the chapter where he lists the various... (shrink)

In “Hegel, Antigone, and Women,” Philip Kain argues for a socially constructive type of individualism that he also attributes to Hegel’s Antigone. He regards this non-destructive version of individualism as a model for non-liberal or post-liberal feminism. I would like to raise two problems with the argument here. First, does Kain’s conception adequately capture what we mean, at a bare minimum, by individualism, that is, some sort of development and expression of unique particularity? Second, is this concept of individualism, one (...) that is compatible with familial corporatism, in fact attributable to Hegel’s Antigone? Kain proposes that “Hegel’s goal is to get beyond [the] destructive form of individualism [that involves conflict] to an individualism formed by, in harmony with, and reinforcing the institutions of our sociocultural world”. Kain further proposes that we find this in Antigone. For Hegel’s conception of Antigone’s “individualism is... manifested in and through acting in perfect solidarity with the family, religion, and tradition”. “Her individualism,” Kain goes on, “is the sort that allows a self embedded in a context of cultural relations, institutions, and common customs, traditions, and practices to develop an individual identity”. And what is this sense of identity given that she is in “perfect solidarity” with her group and her times? It is this, according to Kain. (shrink)

Stuart Swindle in “Why Feminists Should Take the Phenomenology of Spirit Seriously” accuses me of failing to interpret the passages in the Phenomenology on the family and women in the full context of the progress to absolute spirit. He gives no particular evidence for this claim, but merely asserts it repeatedly and at an ever increasing decibel level. To this general criticism I assert that nothing that I wrote in “Has Hegel Anything to Say to Feminists?” denied that spirit progresses (...) beyond the Hellenic world or any other particular stage of development. In fact, my argument was predicated on just such a development. Women, however, - I argued - do not seem to develop, nor are they capable of development, in their consciousness or social expression according to Hegel from Greek times to modernity. (shrink)

In his comments on the film version of Schindler’s List, James B. Pinkerton, writing in New York Newsday, blames Hegel - and Hegel above all others - for Nazism. He charges Hegel with undermining “the last bulwark of liberty and safety we have in a world populated by the imperfect: the rule of law.” Pinkerton further suggests, “One can perhaps build a respectable ideology out of a Hegelianism … but it’s much easier to just write ‘totalitarianism’ on such a political (...) blank check.”. (shrink)

This paper takes issue with Slavoj Zizek's constructed opposition between Spinoza and Hegel. Where Zizek views Hegel's non-dualistic relational epistemology as a substantial improvement over Spinoza's purported dogmatic account of a reality which is external to the perceiver, I argue that Hegel inherited such an epistemology from Spinoza. Ultimately, it is Spinoza who provides Hegel with the conceptual tools for knowledge of the "transphenomenal" within the context of human finitude.

Both Immanuel Kant and Moses Maimonides wrote lengthy treatments of the biblical garden of Eden. For both philosophers the biblical story served as an opportunity to address the genealogy of morals. I argue here that the two treatments offer deep insights into their respective philosophical anthropologies, that is to say, into their assessments of the human person and of moral psychology. Contrary to much that has been written about Maimonides as a proto-Kantian, I expose the profoundly different and even opposed (...) conceptions of human nature and of reason at the heart of the respective philosophies. For Kant, the first exercise of reason in the garden is an act of rebellion that jettisons the human person from the womb of nature into a post-natural freedom. The repudiation of the natural is the beginning of an ethical life, according to Kant—a life to be dominated by respect for a human dignity beyond the natural. For Maimonides, in contrast, reason is a philosophical torah li-shma . Rational understanding is an understanding of the laws of a nature fecund with the presence of the divine. Exposing the reason inherent in nature is the only path to knowledge of God and whatever communion with the divine is available to human beings. Such knowledge transforms the heart as well as fills the mind, embedding the human person as moral actor in a God-filled universe. (shrink)

I argue that Spinoza’s ethical theory may be viewed as a transformation of Aristotle’s teleological account which has been corrected of several fundamental flaws which Spinoza found in Aristotle. The result of Spinoza’s redefinition of ethical activity is a developmental account of ethics which has close kinship with the views of process theoreticians.

ABSTRACTI argue that Spinoza attributes to society the role of moral educator, a role that is to be carried out via Religion and Politics and hence also via an educational system. In his account, the social body is given the task of applying and transmitting a notion of virtue whose criterion is enhanced freedom, yet that freedom paradoxically must be acquired initially via authoritative coercive rules of praxis. The aim is to achieve an infinite broadening of perspective upon oneself and (...) upon the world and a consequent transformation of one’s motivations and desires from narrowly self-serving to infinitely inclusive. Intellectual virtue is exposed as the necessary and only true fulfillment of the virtue of moral models for it has achieved ‘the knowledge of the union that the mind has with the whole of Nature.’ Yet that intellectual virtue is not ready to hand but must be taught, and teaching necessarily entails an initial measure of authoritative transmission and even coercion, and hence moral models to be internalized. (shrink)

The field of human rights scholarship has traditionally been dominated by legal experts, political scientists, and sociologists. While historians have played a somewhat minor role in tracing human rights intellectual history, few have actually engaged in the central debate that has engrossed human rights scholars of other disciplines over the last few decades, i.e. the debate on theory. In this paper, I investigate the possibility for historians, or scholars of any discipline for that matter, to contribute to the ongoing debate (...) on human rights through adopting a method of literary analysis. Through this investigation, I argue that scholars are missing the mark in focussing the debate on human rights theory around the concept of universalism. My paper relates particularily to traditionally Muslim societies.I first give an overview of what has been written by human rights scholars on theory, then I justify a literary analysis approach for studying human rights, and lastly I apply this approach to two texts, the Universal Declaration of Human Rights and the Cairo Declaration of Human Rights in Islam. In the end, this approach points scholars to the need to focus less on the meaning of the concept ``universalism" and more on the meaning of ``the human". (shrink)

Spinoza uses the interpretation of Adam’s disobedience in the Garden of Eden to mount a biblical defense of the life devoted to intellectual pursuits. In his philosophic rereading of the biblical story, Spinoza follows the lead of Maimonides in the Guide to the Perplexed Part I, chapter 2. Both philosophers invoked the biblical text to lend authority to the view that moral consciousness, in contrast with the intellectual, marks a decline in the human condition. This paper explores Spinoza’s dependence on (...) the Maimonidean interpretation and also shows where Spinoza parts company with it, giving his own philosophical twist to the tale. (shrink)

Offered here is a review of Gregg D. Caruso’s edited volume, Exploring the Illusion of Free will and Moral Responsibility [1]. Assembled here are essays by nearly all the major contributors to the philosophical free will debate on the denial and skeptical side. The volume tells us where the field currently is and also gives us a sense of how the free will debate is actually advancing toward greater understanding. Perhaps we can even discern some glimmer of hope for a (...) resolution or a degree of consensus that could, in the near future, underlie or give rise to practical engagements to bring about significant social transformations and innovations toward a more humane society. (shrink)

The Self Beyond Itself is a defense of an incompatibilist, hard determinist view of free will. Free will is here defined in a very strong sense, as the existence of actions that do not result from any causes other than the agent herself. The question of how to define free will, especially whether it consists in the ability to do otherwise, and what the ability to do otherwise amounts to, is not given much consideration in this book.Ravven frames her (...) work in a broad historical context. The kind of determinism she favors is to be found in Aristotle, Maimonides, and Spinoza, as she interprets them. The main culprit responsible for the Western conception of free will is Augustine. Ravven finds elements of Augustine in a number of theories of free will, including those of Descartes and Kant. In her view, any proponent of free will is an unwitting Augustinian.Ravven’s tendency to see an Augustinian legacy in later views of free will result in her making some fairly implausible claims. Ravven .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics (...) and political theory.In the opening essay, Lenn Goodman takes upon himself the ambitious task of evaluating Spinoza's positions as to several central disputes throughout the history of philosophy. In this rich and extensive essay Goodman argues that Spinoza's radical rationalism makes him pursue syntheses between traditionally opposed poles. Lee Rice's article, "Love of God in Spinoza," carefully analyzes Spinoza's concept of love and suggests the existence of three kinds of love parallel to the three kinds of knowledge. Warren Montag addresses the unresolved issue of Spinoza's relation to the Kabbalah. Montag sides with Deleuze against the association of Spinozism with the Neo-Platonic theory of emanation, arguing that unlike the Neo-Platonists and Kabbalists, Spinoza's view of God rules out any hierarchy, and does not assume a descent from primal simplicity into complexity. Edwin Curley contributes a beautiful reading of the story of Job and of Maimonides' interpretation of the story. Curley follows Maimonides' discussion of the various positions regarding the question of divine providence and his attempt to identify the speeches of the characters of the book of Job with each of these positions. Following a sensitive consideration of various attempts to [End Page 417] recover Maimonides' own rather concealed view about providence, Curley concludes that "[W]hatever you think Maimonides' final word on Job is, our examination of him certainly supports [Spinoza's] claim that [Maimonides] reads Scripture in terms of Platonic or Aristotelian speculations" (170).Warren Zev Harvey's essay addresses Spinoza's most neglected work, the Compendium of the Grammar of the Hebrew Language. Apart from providing an outline of Spinoza's work as a Hebrew grammarian ("a noun-intoxicated grammarian") and pointing out some of Spinoza's more eccentric views about the nature of the Hebrew language, Harvey makes a compelling case for the importance of the book for the study of Spinoza's metaphysics. He points out a fascinating analogy which Spinoza draws between the parts of speech: (proper) noun, adjectives, and participles, and Spinoza's key metaphysical terms: substance, attributes, and modes. (Think about the weighty implications of this analogy for Curley's interpretation of the substance-mode relation.) According to Harvey, Spinoza's claim that all Hebrew words are derived from nouns is a linguistic parallel to Spinoza's pivotal metaphysical doctrine which makes all things be in the substance (or God). Kenneth Seeskin's article discusses the views of Maimonides and Spinoza on the question of creation and God's relation to the world. Seeskin reconstructs an interesting critical dialogue between these two philosophers. According to Seeskin, both philosophers held that an effect must be similar to its cause. Maimonides' commitment to Negative Theology and to the denial of any common measure between God and finite things forced him to deny causal or explanatory relation between God and the world. What Maimonides can suggest instead is rather to prove that the emergence of the world ex nihilo and according to the divine will, is possible, and even likely given certain astronomical facts of medieval science. Thus, Maimonides would hold that "although we have grounds for believing that creation occurred, we will never be in a position to say how" (120). For Spinoza, such a view constitutes nothing but a "sanctuary of ignorance." Thus, according to Seeskin, Spinoza affirms a clear causal relation between God and the world of finite things insofar as God is said to explain the world. While I tend to agree with most aspects of this analysis, it is important to note that Spinoza also claims that "between the finite and infinite there is no relation" (Letter 54). This... (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

As the implementation of new approaches and procedures of medical ethics is as complex and resource-consuming as in other fields, strategies and activities must be carefully planned to use the available means and funds responsibly. Which facilitators and barriers influence the implementation of a medical ethics decision-making model in daily routine? Up to now, there has been little examination of these factors in this field. A medical ethics decision-making model called METAP was introduced on three intensive care units and two (...) geriatric wards. An evaluation study was performed from 7 months after deployment of the project until two and a half years. Quantitative and qualitative methods including a questionnaire, semi-structured face-to-face and group-interviews were used. Sixty-three participants from different professional groups took part in 33 face-to-face and 9 group interviews, and 122 questionnaires could be analysed. The facilitating factors most frequently mentioned were: acceptance and presence of the model, support given by the medical and nursing management, an existing or developing ethics culture, perception of a need for a medical ethics decision-making model, and engaged staff members. Lack of presence and acceptance, insufficient time resources and staff, poor inter-professional collaboration, absence of ethical competence, and not recognizing ethical problems were identified as inhibiting the implementation of the METAP model. However, the results of the questionnaire as well as of explicit inquiry showed that the respondents stated to have had enough time and staff available to use METAP if necessary. Facilitators and barriers of the implementation of a medical ethics decision-making model are quite similar to that of medical guidelines. The planning for implementing an ethics model or guideline can, therefore, benefit from the extensive literature and experience concerning the implementation of medical guidelines. Lack of time and staff can be overcome when people are convinced that the benefits justify the effort. (shrink)

Executive functions (EFs) and impulsivity are dimensions of self-regulation that are both related to psychopathology. However, self-report measures of impulsivity and laboratory EF tasks typically display small correlations, and existing research indicates that impulsivity and EFs may tap separate aspects of self-regulation that independently statistically predict psychopathology in adulthood. However, relationships between EFs, impulsivity, and psychopathology may be different in childhood compared to adulthood. Here, we examine whether these patterns hold in the baseline assessment of the Adolescent Brain and Cognitive (...) Development (ABCD) sample, a national sample of over 11,000 children (including 749 twin pairs) ages 9–10 years. We examine the phenotypic and genetic relationships among latent variables for different components of EFs and multiple facets of impulsivity. Additionally, we assess how EFs and impulsivity relate to composite measures and latent variables of psychopathology derived from parent report. EFs were weakly correlated with impulsivity, and the strength varied by impulsivity facet, emphasizing their separability. We did not identify significant genetic and environmental correlations between EFs and impulsivity. Moreover, controlling for their small relationships with each other, both EFs and some facets of impulsivity statistically predicted an Externalizing factor, attention problems, and social problems, and twin analyses suggested these relationships were genetic in origin. These findings indicate that EFs and impulsivity represent phenotypically and genetically separable aspects of self-regulation that are both transdiagnostic correlates of psychopathology in childhood. (shrink)

The purpose of this study is to extend and replicate previously published results from a random probability sample of university faculty. The sample assessed reasons given for companion-animal guardianship and for belief in the beneficial health effects of owning pets. In this replication and extension design, these two non-random samples responded to the same questionnaire items as those addressed to university faculty. Results indicated that avoidance of loneliness was the most frequent reason for owning pets among both students and middle-aged (...) community members. This result is consistent with the view that animals provide social support and companionship to humans at various stages of the life cycle. Suggesting an emergent feature of the human-nonhuman animal bond, both groups selected, “the pet helps keep me active” as the second-most common reason. Older women reported a greater belief in the health-giving benefits of pet ownership than did younger persons or men. This belief may contribute to human benefits of pet ownership and requires further research. (shrink)

While logical principles seem timeless, placeless, and eternal, their discovery is a story of personal accidents, political tragedies, and broad social change. If A, Then B begins with logic's emergence twenty-three centuries ago and tracks its expansion as a discipline ever since. -/- The book treats logic as more than a tale of individual abstraction; it sees logic as also being a result of politics, economics, technology, and geography, because all these factors helped to generate an audience for the discipline (...) from the start. The book thus relates developments in logical theory to the social history of different historical periods. -/- The book defends a number of controversial philosophical theses: (1) that rationally persuasive arguments must always proceed from premises that are initially more convincing than the conclusions to be proved (a position derived from Aristotle), (2) that intuitive logical judgments, though sometimes mistaken, can also count as certain knowledge, independent of the techniques used to construct formal logical systems, (3) that Wittgenstein was mistaken in thinking that philosophy was riddled with unintelligible language and that the real problems, instead, have been ambiguity and pretentious diction, and (4) that Nelson Goodman's argument to the effect that deductive logic can be "virtuously circular" is founded on a non sequitur. -/- . (shrink)

Background: Ought nursing homes to establish clinical ethics committees (CECs)? An answer to this question must begin with an understanding of how a clinical ethics committee might be beneficial in a nursing home context – to patients, next of kin, professionals, managers, and the institution. With the present article, we aim to contribute to such an understanding. Aim: We ask, in which ways can clinical ethics committees be helpful to stakeholders in a nursing home context? We describe in depth a (...) clinical ethics committee case consultation deemed successful by stakeholders, then reflect on how it was helpful. Research design: Case study using the clinical ethics committee’s written case report and self-evaluation form, and two research interviews, as data. Participants and research context: The nursing home’s ward manager and the patient’s son participated in research interviews. Ethical considerations: Data were collected as part of an implementation study. Clinical ethics committee members and interviewed stakeholders consented to study participation, and also gave specific approval for the publication of the present article. Findings/results: Six different roles played by the clinical ethics committee in the case consultation are described: analyst, advisor, support, moderator, builder of consensus and trust, and disseminator. Discussion: The case study indicates that clinical ethics committees might sometimes be of help to stakeholders in moral challenges in nursing homes. Conclusions: Demanding moral challenges arise in the nursing home setting. More research is needed to examine whether clinical ethics committees might be suitable as ethics support structures in nursing homes and community care. (shrink)

The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...) with doctrines of duty, the duty question being determined by the question of whether a certain person and a certain harm are within the risk that makes a defendant negligent. The article aims to explode entirely the risk analysis. After beginning with an examination of the historical roots of the risk analysis, we then seek to show that the risk analysis is: conceptually incoherent because it seeks to isolate a risk that makes someone negligent; normatively undesirable because it allows quite blameworthy actors not to pay for the harms they culpably cause; and descriptively inaccurate of the cases decided on the more traditional, proximate cause bases. (shrink)

BackgroundThe widespread sharing of biological and biomedical data is recognised as a key element in facilitating translation of scientific discoveries into novel clinical applications and services. At the same time, twenty-first century states are increasingly concerned that this data could also be used for purposes of bioterrorism. There is thus a tension between the desire to promote the sharing of data, as encapsulated by the Open Data movement, and the desire to prevent this data from ‘falling into the wrong hands’ (...) as represented by ‘dual use’ policies. Both frameworks posit a moral duty for life sciences researchers with respect to how they should make their data available. However, Open data and dual use concerns are rarely discussed in concert and their implementation can present scientists with potentially conflicting ethical requirements.DiscussionBoth dual use and Open data policies frame scientific data and data dissemination in particular, though different, ways. As such they contain implicit models for how data is translated. Both approaches are limited by a focus on abstract conceptions of data and data sharing. This works to impede consensus-building between the two ethical frameworks. As an alternative, this paper proposes that an ethics of responsible management of scientific data should be based on a more nuanced understanding of the everyday data practices of life scientists. Responsibility for these ‘micromovements’ of data must consider the needs and duties of scientists as individuals and as collectively-organised groups.SummaryResearchers in the life sciences are faced with conflicting ethical responsibilities to share data as widely as possible, but prevent it being used for bioterrorist purposes. In order to reconcile the responsibilities posed by the Open Data and dual use frameworks, approaches should focus more on the everyday practices of laboratory scientists and less on abstract conceptions of data. (shrink)

The paper describes the particular design of a mandatory course in business ethics for MBA students at the Norwegian School of Management. The title “Ethics, Values, and Integrity in Management” instead of “business ethics” was chosen on purpose in order to allow students—who all come with extensive job experience—to distinguish on their own between moral leadership and ethics management by the end of the course. The ultimate goal of the course is to help students understand the normative demands of good (...) leadership without sacrificing either managerial effectiveness or ethics. Especially, when the international student body consists of participants from different parts of the world, it was important to make sure that students could relate ethics to the concept of leadership based on their own cultural traditions. A short survey conducted for this paper among the alumni MBA students yielded information about the usefulness of the course after it has been running for 10 years. The survey confirmed increased ethical awareness and the usefulness of skills for moral reflections and decision making. (shrink)

With the rise of globalization, the debate around free trade versus fair trade and liberalism versus protectionism has become increasingly complicated. At times, the regulations of the World Trade Organization seem to pit developed markets against emerging markets as governments attempt to expand international trade while at the same time protecting local industry. To this end, antidumping measures have been extensively developed as a way to block foreign low-cost goods from entering domestic markets. In response, some exporters have begun to (...) circumvent these antidumping measures using strategies such as transhipment, assembly operations, and slightly modified products. While previous studies have addressed the ethical aspects of antidumping measures, this study will focus on the ethics of circumvention strategies with a special focus on the theories on legal compliance and, specifically, civil disobedience and conscientious evasion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Cathy Benedict, “Naming Our Reality: Negotiating and Creating Meaning in the Margin.”Frederik PioIn this paper we are offered a reflection on the historical and present marginalization of music education. As Cathy Benedict says, "What of this marginalization and what of its possibilities? I would like to suggest in this paper that this marginalized status partly reflects our own complicity as we have historically allowed others to (...) speak for us." The field of music education in other words is suffering from a lack of independence. She goes on to say, "music educators have copied the perceived successes of the basic disciplines instead of striving for transformation." However, the radical transformation which is called for seems to lie neither in the integration of music education as part of general education nor in the isolation of music education for she adds, "if we continue to 'concern ourselves with possible future scenarios for music education as part of general education' and in a music education vacuum, then we will probably continue to construct what 'could be' in the guise of what has 'always been.'"The assumption seems to be that music education belongs in the margin, for Benedict also adds, "it is misguided to think of our goal as simply to place music education as part of general education." Instead it is the margin that is claimed to be ripe with possibillities of transformation: "It is true that we need to envision 'what could be' scenarios for music education as part of general education.... It seems more important, though, even imperative, to grapple with the systemic issues that continually haunt us." From the margin music education "must begin narratives with the other disciplines." In other words, the margin seems to be the place from which one can "go about facilitating the creation of liminal space [End Page 69] and facilitate the habits of mind that will relativize taken-for-granted beliefs." It is from the margin that the transformations asked for can be carried out.The margin however has been infected with a dominance which stems from outsiders: "This margin... is our standpoint and a perspective from which we have allowed a worldview to be constructed for us." So the tension regarding the status of music education, between autonomy and integration, is not resolved.At the same time music education must become free. That means tearing loose from the "hidden hegemonic structures that inevitably serve to obscure the purpose of education" while an integrative effort on behalf of music education is called for in relation to general education: "In many cases, we have allowed other disciplines to name what we are and can be. We have crafted and named our importance in a version of their eyes." Consequently what is demanded here is that we craft a version of our field according to our own eyes. So far the field of music education has been marginalized (isolated), but it has never-the-less created itself according to the eyes of outsiders.On behalf of the field of music education, Benedict however seems to ask for a new productive or transformative kind of autonomy (exercised from the margin). The challenge then must now be to create the field of music education in our own eyes. Then perhaps the margin becomes the borderline between autonomy and integration.It would be helpful if Benedict could shed some light on the concept of 'the margin' positioned within a field of tension between autonomy (isolation) and integration. In other words, is the margin a place which has until now remained undiscovered? Does it mark out the limit between isolation and integration (on behalf of the field of music education)?Given the state of things described above the agenda created in the margin is seen as liberatory and transformative: "the space we need to facilitate is liberatory with change as a given not a goal oriented end-point" (emphasis added). In other words a liberation is called for which amounts to an attempt to oppose an oppression: "the field of music education has in fact manifested several characteristics of an oppressed society" (emphasis added). But what is meant by this reference to a liberation/oppression... (shrink)

Our twenty-first century is a time of turbulence. Some of that turbulence is derived from not fully understanding what makes us moral. This article reassesses human morality in order to identify what nurtures and what distorts our moral nature. Such a reassessment potentially offers hope for a way through the escalating violence in our world that currently threatens to destroy us. This article focuses on three voices: the voice of anthropological philosopher René Girard, whose mimetic theory calls us to wake (...) up about our role in creating violence; the voice of medieval scholastic John Duns Scotus, whose moral theory is enjoying a renaissance in our contemporary world; and the voice of neuroscience with its .. (shrink)