Das Thema Sterbehilfe gilt zu Recht als eines der typischen Themen im Medizinrecht, wird jedoch meistens vor allem unter dem Aspekt des Strafrechts analysiert. Das ist auch in dieser Arbeit nicht anders, in der die Autorin in erster Linie versucht, auf gewisse Schwächen der traditionellen de facto strafrechtlichen Systematik der Sterbehilfe zu verweisen, sowie auch deren üblicher Terminologie. Der Schwerpunkt der gesamten Arbeit liegt in der ausführlichen Analyse der strafrechtlichen Verantwortlichkeit des Arztes bei der Realisierung von Sterbehilfe und Suizidbeihilfe. Vorgestellt (...) werden rechtliche Regelungen einiger europäischen Ländern und Oregon. Größter Wert wird jedoch in der gesamten Arbeit eindeutig auf die praktischen Probleme gelegt, seien es bedingt straffreie Hilfe zum Sterben, Tötung auf Verlangen, Suizidbeihilfe, terminale Sedierung oder Beendigung der weiteren Therapie (inkl. Abschalten der Geräte aufgrund einer Patientenverfügung). Leitmotiv der gesamten Arbeit ist dann das Bemühen, auf Sterbehilfe als Thema zu verweisen, in dessen Rahmen der Respekt vor der Patientenautonomie und der paternalistische Schutz von Leben wertmäßig aufeinander treffen, die oftmals zweifellos in einem Gegensatz zueinander stehen. (shrink)

Purpose The purpose of this paper is to report on empirical work conducted to open up algorithmic interpretability and transparency. In recent years, significant concerns have arisen regarding the increasing pervasiveness of algorithms and the impact of automated decision-making in our lives. Particularly problematic is the lack of transparency surrounding the development of these algorithmic systems and their use. It is often suggested that to make algorithms more fair, they should be made more transparent, but exactly how this can be (...) achieved remains unclear. Design/methodology/approach An empirical study was conducted to begin unpacking issues around algorithmic interpretability and transparency. The study involved discussion-based experiments centred around a limited resource allocation scenario which required participants to select their most and least preferred algorithms in a particular context. In addition to collecting quantitative data about preferences, qualitative data captured participants’ expressed reasoning behind their selections. Findings Even when provided with the same information about the scenario, participants made different algorithm preference selections and rationalised their selections differently. The study results revealed diversity in participant responses but consistency in the emphasis they placed on normative concerns and the importance of context when accounting for their selections. The issues raised by participants as important to their selections resonate closely with values that have come to the fore in current debates over algorithm prevalence. Originality/value This work developed a novel empirical approach that demonstrates the value in pursuing algorithmic interpretability and transparency while also highlighting the complexities surrounding their accomplishment. (shrink)

Článek se snaží přiblížit přístup Josepha Priestleyho ke zkoumání lidské mysli. Postupně jsou ukázány dva kroky, ve kterých Priestley mění svůj pohled na hmotu a ducha a dochází k materialismu. V prvním kroku redefinuje pojem hmoty a přisuzuje hmotě zcela nové vlastnosti – síly přitahování a odpuzování. V druhém kroku pomocí těchto nových vlastností vysvětluje schopnost vnímání a myšlení. V těchto krocích navíc využívá poznatky tehdejší přírodní filosofie, zejména mechaniky. Člověk a jeho mysl jsou podle Priestleyho součástí přírody. To znamená, (...) že člověk a lidská mysl jsou určitým mechanismem, který pracuje podle přírodních zákonů a lze jej pomocí těchto zákonů také vysvětlit. (shrink)

Servant leadership offers a compelling ideal of self-sacrificing individuals who put the needs of others before their own and cultivate a culture of growth in their organisations. Although the theory’s attempts to emphasise the moral, emotional and relational dimensions of leadership are laudable, it has primarily assumed a decontextualised view of leadership untouched by power. This article aims to problematise servant leadership by undertaking an intersectional analysis of an Asian cis-male heterosexual senior manager in Australia. Through in-depth interviews with the (...) manager and his staff, the article shows how his attempts to practice servant leadership were informed by intersecting power dynamics of race, gender, sexuality, age and class that subordinated him to white power. The findings demonstrate the ways servant leadership is necessarily embedded in wider power structures that shape who gets to be a “servant leader” and who remains merely a “servant”. (shrink)

In this contribution, we will discuss the opportunities and challenges arising from memory institutions' need to redefine their archival strategies for contemporary collecting in a world of big data. We will reflect on this topic by critically examining the case study of the UK Web Archive, which is made up of the six UK Legal Deposit Libraries: the British Library, National Library of Scotland, National Library of Wales, Bodleian Libraries Oxford, Cambridge University Library and Trinity College Dublin. The UK Web (...) Archive aims to archive, preserve and give access to the UK web space. This is achieved through an annual domain crawl, first undertaken in 2013, in addition to more frequent crawls of key websites and specially curated collections which date back as far as 2005. These collections reflect important aspects of British culture and events that shape society. This commentary will explore a number of questions including: what heritage is captured and what heritage is instead neglected by the UK Web archive? What heritage is created in the form of new data and what are its properties? What are the ethical issues that memory institutions face when developing these web archiving practices? What transformations are required to overcome such challenges and what institutional futures can we envisage? (shrink)

Background: Dignity is a multidimensional construct that includes perception, knowledge, and emotions related to competence or respect. Attitudes to aging are a comprehensive personal view of the experience of aging over the course of life, which can be influenced by various factors, such as the levels of health and self-sufficiency and social, psychological, or demographic factors. Aim: The purpose of this study was to explore the attitudes to aging of home-dwelling and inpatient older adults, and whether dignity and other selected (...) factors belong among the predictors influencing attitudes to aging in these two different groups of older adults. Research design: Cross-sectional study using a set of questionnaires: Patient Dignity Inventory, Attitudes to Aging Questionnaire, and Barthel Index. Pearson and Spearman correlation analyses and multivariable linear regression were used for statistical processing. Participants and research context: 233 inpatients and 237 home-dwelling older adults participated in the research in two regions of the Czech Republic. Ethical considerations: Institutional Review Board approval was received from the authors’ university. Findings: The inpatients had more negative attitudes to aging (M = 74.9±10.9; P <0.0001). The predictors of their attitudes to aging were gender and dignity. Women ( β = −2.969, P = 0.045) and inpatients with poor dignity ratings ( β = −0.332, P <0.0001) had more negative attitudes to aging. The predictors for home-dwelling older adults were education, living arrangement, and dignity. More negative attitudes to aging were found in older adults with lower levels of education ( β = 2.716, P = 0.007) who lived alone ( β = 2.163, P = 0.046) and rated their dignity as low ( β = −0.325, P <0.0001). Discussion and Conclusions: The results of this study add to the understanding that a sense of dignity is an important predictor of attitudes to aging for both home-dwelling older adults and inpatients. (shrink)

Decision-making capacity (DMC) is the gatekeeping element for a patient’s right to self-determination with regard to medical decisions. A DMC evaluation is not only conducted on descriptive grounds but is an inherently normative task including ethical reasoning. Therefore, it is dependent to a considerable extent on the values held by the clinicians involved in the DMC evaluation. Dealing with the question of how to reasonably support clinicians in arriving at a DMC judgment, a new tool is presented that fundamentally differs (...) from existing ones: the U-Doc. By putting greater emphasis on the judgmental process rather than on the measurement of mental abilities, the clinician as a decision-maker is brought into focus, rendering the tool more of an evaluation guide than a test instrument. In a qualitative study, the perceived benefits of and difficulties with the tool have been explored. The findings show on the one hand that the evaluation aid provides basic orientation, supports a holistic perspective on the patient, sensitizes for ethical considerations and personal biases, and helps to think through the decision, to argue, and to justify one’s judgment. On the other hand, the room for interpretation due to absent operationalisations, related ambiguities, and the confrontation with one’s own subjectivity may be experienced as unsettling. (shrink)

Provability, Computability and Reflection.

Background: As frail older people might have difficulties in expressing themselves, their needs are often interpreted by others, for example, by significant others, whose information health care staff often have to rely on. This, in turn, can put health care staff in ethically difficult situations, where they have to choose between alternative courses of action. One aspect that might be especially difficult to express is that of existential loneliness. We have only sparse knowledge about whether, and in what way, the (...) views of frail older persons and their significant others concerning existential loneliness are in concordance. Objective: To contrast frail older (>75) persons’ experiences with their significant others’ perceptions of existential loneliness. Methods: A case study design was chosen for this study. Individual interviews with frail older persons (n = 15) and interviews with their significant others (n = 19), as well as field notes, served as a basis for the study. A thematic analysis was used to interpret data. Ethical considerations: This study was conducted in accordance with the principles of research ethics. Findings: The findings showed three themes: (1) Meaningless waiting in contrast to lack of activities, (2) Longing for a deeper connectedness in contrast to not participating in a social environment and (3) Restricted freedom in contrast to given up on life. Discussion: Knowledge about the tensions between older persons’ and their significant others’ views of existential loneliness could be of use as a basis for ethical reflections on the care of older people and in the encounter with their significant others. Conclusion: It is of importance that health care professionals listen to both the frail older person and their significant other(s) and be aware of whose voice that the care given is based on, in order to provide care that is beneficial and not to the detriment of the older person. (shrink)

Storchak, Ehlis, and Fallgatter provide an extensive literature review on electrophysiological measurements, which indicate that general predictive deficits in self‐monitoring are associated with various positive symptoms in patients with schizophrenia.

Este trabajo analiza algunas de las consecuencias jurídicas internacionales de la implicación de Estados extranjeros en el proceso de secesión catalán, presentando los datos de los que se dispone hasta ahora. Se seleccionan los comportamientos de la Federación de Rusia y del Reino de Bélgica y se analiza la posible subsunción de estos hechos en la norma internacional relativa a la prohibición de intervención en los asuntos de otros Estados. Se demuestra la difícil sino imposible imputación de responsabilidad internacional en (...) ambos casos. Pero, a la vez, los hechos muestran el interés ruso por ejercer su influencia en la zona y la irresponsabilidad política de algunos líderes secesionistas que consideraron que la República catalana bien valía la sumisión a un Estado autoritario como Rusia. Por su parte, el silencio de los dos Gobiernos de España ante los hechos de Waterloo, muestran, hacia el exterior, un posicionamiento de Estado débil ante los socios europeos y euroatlánticos; hacia el interior muestran a unos gobernantes con poco aprecio por la defensa de la Democracia y el Estado de Derecho, así como con un total desprecio por el derecho a la libre determinación interna de toda la población estatal. (shrink)

Abstract:When major waterfalls in Norway became possible to develop around 1900, a major step was achieved. The step was a major international technological leap paralleled with changes of established attitudes towards grand, and until then, useless nature. Taking the until-then-useless waterfall Rjukanfossen in Telemark into use was a convergence of grand nature, large technological installations, big business and strong emotions. Transforming this waterfall was a large undertaking and was considered to deserve artistic treatment. In 1907–1908 the Norwegian illustrator and painter (...) Theodor Kittelsen produced a series of five watercolors of the waterfall's transformation. They were hung up at the industrial company's representational villa in Notodden. Within traditional landscape painting, water, and especially cascading water, was a standard element. However, Kittelsen's paintings introduced new versions of nature and nature use. This waterfall was totally transformed by being put into service as part of a Norwegian fairy tale. Dragons, elves, and old men in the mountain appear in the waterfall as part of the transformation. The story the paintings tell did not fit well into the context of Norwegian national romanticism, where the Telemark region throughout the 1800s had been associated with “the nation's inner spirit.” The article will trace the production of these paintings, and the subjects depicted in them. It will analyse the nature versions the meeting between the company manager and the artist entailed. How did these paintings use Norwegian fairy tale images to depict a new version of controlled nature? The paintings did not simply thematize mastery over nature or grief over the loss of a waterfall, but a whole range of emotions like ambivalence, insecurity, envy and pride. They both confirmed and challenged the iconic status of major waterfalls in Norway. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. (...) -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

The study deals with the conception of personal immortality in Miguel de Unamuno’s works. The starting point of his reflections is a particular person of “flesh and blood“ and his authentic existence. Unamuno’s “hunger of immortality“ is inspired by man’s confrontation with the phenomenon of death. For Unamuno existential phenomena of suffering and anxiety seem to be the keyword to the authentic existence and God then becomes a guarantor of individual immortality. The study concentrates on Unamuno’s conception of God in (...) the spirit of panentheism and Spanish Krausism. It observes Unamuno’s philosophical sources of information when discussing the question of immortality from Pythagoras to Platon while opposing the views of impersonal immortality (e.g. B. Spinoza). His theological argumentation is based mainly on S. Kierkegaard, St. Paul and Spanish mystics. His philosophical ideas are extracted especially from his works The Tragic Sense of Life, The Agony of Christianity and The Intimate Diary. His novella Saint Emmanuel The Good, Martyr serves as a fictional illustration of his ideas. The study concludes with the evaluation of Unamuno as an author writing “philosophizing literature“ and as a predecessor of existentialist literature, who was orientated towards Christian personalism. (shrink)

This paper investigates the role of a pre-existing body-model that is an enabling constraint for the incorporation of objects into the body. This body-model is also a basis for the distinction between body extensions (e.g., in the case of tool-use) and incorporation (e.g., in the case of successful prosthesis use). It is argued that, in the case of incorporation, changes in the sense of body-ownership involve a reorganization of the body-model, whereas extension of the body with tools does not involve (...) changes in the sense of body-ownership. (shrink)

Starting from a phenomenological understanding of the body, this article discusses the understanding of body awareness in health and illness. I question the common way to understand our relationship to our bodies in terms of subjective and objective perspectives on it, and furthermore, how this opposition has been used in the phenomenological literature to outline an understanding of health and illness as states where the body stays unnoticed versus resurfaces to our attention as dysfunctional. Using examples from an ongoing interview (...) study, I argue for an understanding of the dialectical interplay between body and world in our awareness, and how it can be understood as an approaching or distancing movement to body and world. I furthermore describe how the interplay between body and world effects and is effected by our existence in health and illness. Finally, I suggest what implications this new way of understanding the lived body has for health care practice in general, and for the development of a person‐centred care in particular. I suggest that we leave the dichotomous understanding of subjective and objective perspectives behind, and start to investigate how we move between different kinds of body awareness in health and illness. Illness, as a situation where that which has been taken for granted becomes questioned, can be said to be characterized by mistrust, and by a distancing from world and body. It is thus of importance for caregivers to provide the time, space and trusting atmosphere needed in order to make the approaching movement possible. (shrink)

Resumen La educación de las emociones ha sido promovida recientemente desde el giro afectivo en las ciencias sociales. Sin embargo, gran parte de los análisis educativos no tratan las emociones llamadas políticas o públicas, definidas por Martha Nussbaum como aquellas relacionadas con el Estado, sus instituciones y los conciudadanos. Este artículo presenta una guía para una educación ciudadana basada en emociones políticas, fundamentando que su educabilidad está habilitada por el desarrollo de la autorreflexión y que, a partir de ello, es (...) posible determinar categorías de emociones que favorecen la convivencia democrática, como son su adecuación, su direccionamiento y su apertura o clausura de las fronteras del yo. Esas categorías, inspiradas en los trabajos de Martha Nussbaum, Jon Elster y Adela Cortina, se ofrecen como guía metodológica para una educación ciudadana que procure el cultivo de la autorreflexión en relación con las emociones políticas. Dicha guía podría superar la actual dificultad tanto de enseñar como de evaluar la dimensión política de las emociones en la educación formal.The education of emotions has recently been promoted by the affective turn in the social sciences. However, most of these approaches to emotions fail to undertake a work in the field of emotions called political or public, as defined by Martha Nussbaum as the emotions that refer to the State, its institutions and the fellow citizens. This article seeks to present a guide for a citizen education based on political emotions, on the grounds that their educability is enabled by the development of self-conscious reflection and that it is therefore possible to determine categories of emotions that favor democratic coexistence, such as their adequacy, their direction and their opening or closing of the borders of the self. These categories, inspired by Martha Nussbaum’s, Jon Elster’s and Adela Cortina’s works, are offered as a methodological guide for a citizen education that seeks the cultivation of self-conscious reflection in relation to political emotions. This guide could overcome the current difficulty of both teaching and evaluating the political dimension of emotions in formal education. (shrink)

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; (...) knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges. (shrink)

In this study, we aim to revisit the autobiography of Louis Althusser, titled «L’avenir dure Longtemps, suivi de Les Faits», in order to reflect upon the author’s substantiated belief that his dream, of 10 August 1964, is premonitory of the homicidal act he committed against his wife, Hélène Rytmann, on 16 November 1980. Based on the revisitation of this autobiographical testimony, we propound the following theses: 1) a sacrificial interpretation of the aforementioned dream by the French philosopher, in retrospect of (...) the fateful event, through the lens of hyper mimesis (René Girard), which is inherent to Althusser’s behavior and probably lies at the root of his deep-seated discomfort; 2) the possibility of a non sacrificial interpretation of the dream, hence bearer of a meaning with the potential to liberate (Jacques Derrida; Jean-Luc Marion) the dreamer from a certain mode of operation. With this perspective, we aim to emphasize the idea that the main purpose of the dream consists in psychological individuation (Carl G. Jung) vis-à-vis undifferentiation and uniformization phenomena, typical of socialization (René Girard), as well as to highlight the notion of gift, outlined by Althusser. (shrink)

The primary objective of this study is to revisit Thomas Aquinas’ notion of justice in light of the author’s own considerations regarding false testimony, specifically in its relation to sin. The intention is to emphasize, within the philosopher, theologian, and advisor’s thinking, the non-sacrificial dimension of justice, which aligns with a testimonial view of cultural evolution and, consequently, philosophical and theological thought. These topics will be addressed through an examination of the discussion surrounding antisemitism in S. Thomas Aquinas, a discussion (...) conducted and explored by Hippolyte Gayraud in his book titled L’Antisémitisme de Saint Thomas D’Aquin (The Antisemitism of Saint Thomas Aquinas). (shrink)

Rutherford and Lindell (2011) review the theoretical and empirical research conceptualizing emotion and emotional processing within an approach-avoidance framework. This is accompanied by an extensive discussion of the cerebral lateralization of approach-avoidance. Berntson, Norman, and Cacioppo (2011) extend this discussion by presenting a bivariate evaluative model of emotion which adopts a valence-based (positive, negative) dictum. Here we discuss this latter model in the context of an approach-avoidance perspective.

This article describes a policy-driven project Marketing of unhealthy food directed to children, which represents the first extensive study of food and beverage advertising and marketing to children in Sweden. The project mapped out food and beverage advertisements directed to Swedish children to provide policymakers with current data about marketing trends to inform the debate concerning the regulation of food advertising in response to childhood obesity. The nature, number and placement of advertisements on television and in the internet that encourage (...) children to buy food and beverages were surveyed during one week in 2005 and 2007. The article summarizes the TV and Internet study results, stakeholder views and public opinion, and discusses the policy implications of digital media and the marketing of unhealthy food and beverages to Swedish children. (shrink)

Transientism (whose name derives from the concept of transience of events) is the metaphysical hypothesis abuot the objectivity of becoming. Its opposite is permanentism (eternism). It is represented by a number of versions. In this paper some attention is given to „naive” transientism (which by no means may only be the point of view of scientifically and philosophically untutored minds) and most of it to the contemporarily most widespread (in philosophy) version which deserve the name of Aristotelian possibilism. The main (...) conclusions from the examination of the doctrine of transientism in the paper are following. All attempts of those authors who try to prove either that transientism is inconsistent or that the objetive import of all tenses statements can be rendered, without a loss of content, by means of the tenseless language of permanentism are doomed to be thwarted. While any model of the universe without a priviledged stratification of the space-time into instants is inconsistent with transientism (unless some unempirical conjectures are intoduced), any model with a priviledged stratification is compatible with Aristotelian possibilsm, both determinism and indeterminism are compatible with permanentism. According to the author transientism, even in case it is true, never can get a support of science to prevail over its rival. A thinker who does not assume that metaphysical intuitions growing out of the „immediate” everyday life experience furnish us with a reliable background for metaphysical doctrines cannot positively declare himself in favor of transientism. The import of Aristotelian possibilism for the dispute about the freewill problem also is briefly discussed in the paper; the implicit conclusion is that Aristotelian possibilism, even if its truth be asumed, could not support the doctrine of libertarianism. (shrink)

Using a comprehensive quotation from a book of Władysław Krajewski a characteristic of moderate scientism (to be called scientism below) is given. That is the stance I share with Krajewski. I complement the characteristic presenting scientism as an approved by me "naive trust in science". In the main part of the paper I discuss, however, the limitations imposed by contemporary science on the traditional epistemological optimism of scientism.