Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making in countries belonging (...) to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan. (shrink)

The precautionary principle is often invoked in relation to pregnant women and may be one of the underlying reasons for their continuous underrepresentation in clinical research. The principle is appealing, because potential fetal harm as a result of research participation is considered to be serious and irreversible. In our paper, we explore through conceptual analysis whether and if so how the precautionary principle should apply to pregnant women. We argue that the principle is a decision-making strategy underlying risk-benefit decisions in (...) clinical research, which can be applied to pregnant women. However, the current application is a strong one, leading to the promotion of absolute exclusion or, less often, absolute inclusion of pregnant women. In order to change this paralyzing situation, a shift toward weak precautionary thinking is necessary. Instead of automatic extreme precaution, a balance will be found between harms and potential benefits of including pregnant women in clinical research. (shrink)

BackgroundThere is ambiguity with regard to what counts as an acceptable level of risk in clinical research in pregnant women and there is no input from stakeholders relative to such research risks. The aim of our paper was to explore what stakeholders who are actively involved in the conduct of clinical research in pregnant women deem an acceptable level of risk for pregnant women in clinical research. Accordingly, we used the APOSTEL VI study, a low-risk obstetrical randomised controlled trial, as (...) a case-study.MethodsWe conducted a prospective qualitative study using 35 in-depth semi-structured interviews and one focus group. We interviewed healthcare professionals, Research Ethics Committee members and regulators who are actively involved in the conduct of clinical research in pregnant women, in addition to pregnant women recruited for the APOSTEL VI case-study in the Netherlands.ResultsThree themes characterise the way stakeholders view risks in clinical research in pregnant women in general. Additionally, one theme characterises the way healthcare professionals and pregnant women view risks with respect to the case-study specifically. First, ideas on what constitutes an acceptable level of risk in general ranged from a preference for zero risk for the foetus up to minimal risk. Second, the desirability of clinical research in pregnant women in general was questioned altogether. Third, stakeholders proposed to establish an upper limit of risk in potentially beneficial clinical research in pregnant women in order to protect the foetus and the pregnant woman from harm. Fourth and finally, the case-study illustrates that healthcare professionals’ individual perception of risk may influence recruitment.ConclusionsHealthcare professionals, RECs, regulators and pregnant women are all risk adverse in practice, possibly explaining the continuing underrepresentation of pregnant women in clinical research. Determining the acceptable levels of risk on a universal level alone is insufficient, because the individual perception of risk also influences behaviour towards pregnant women in clinical research. Therefore, bioethicists and researchers might be interested in changing the perception of risk, which could be achieved by education and awareness about the actual benefits and harms of inclusion and exclusion of pregnant women. (shrink)

As early as 2002, CIOMS stated that pregnant women should be presumed eligible for participation in research. Despite this position and calls of other well‐recognized organizations, the health needs of pregnant women in research remain grossly under‐researched. Although the presumption of eligibility remains unchanged, the revision of the 2002 CIOMS International ethical guidelines for biomedical research involving human subjects involved a substantive rewrite of the guidance on research with pregnant women and related guidelines, such as those on fair inclusion and (...) vulnerability. However, close reading of the guidelines reveals morally relevant different approaches to fair inclusion of pregnant women and other under‐represented groups, such as children and incompetents. Where CIOMS sets out that children and adolescents must be included unless a good scientific reason justifies their exclusion, no such claim of having to justify exclusion appears in the guideline on pregnant women. Instead, CIOMS claims that research relevant to pregnant women’s health needs must be promoted. This paper analyses how and to what extent the guideline on pregnant women differs from other guidance on fair inclusion in the document. Accordingly, the paper evaluates to what extent the current phrasing may contribute to fair inclusion of pregnant women in research. We will conclude that a system change towards a learning health system is essential to break down the status quo of knowledge generation in the field of medication use during pregnancy and argue that the CIOMS guidelines allow for this system change. (shrink)

Engineering is a practice that must function in an environment of incomplete and uncertain knowledge. This environment has become even more difficult in an increasingly complex world. Engineering ethics has to be framed and taught in a way that addresses these realities. This paper proposes a combination of the philosophy of pragmatism and the ethic of care as a possible framework for the practice of engineering ethics that can provide flexibility and openness to address engineering ethics problems more realistically within (...) the ethos and culture of engineering. Embedding values into practice, pragmatism and care provide a broad, reflective, and corrective framework for engineering ethics that can accommodate the realities in which engineering operates. It is shown that these two approaches are more consonant with design methodologies and have a natural fit with design thinking, so they mesh well with what engineers do and with the complexities of their work today. As humans more and more try to alter the socio-techno-natural world, e.g., the earth’s climate, the combination of pragmatism and care will allow enhanced ethical behavior. Alterations to complex adaptive systems will produce highly uncertain results that require engineers to have a mindset that allows them to act with humility in the face of significant uncertainty and potential catastrophic failures. (shrink)

ABSTRACT Peter Hägel's Billionaires in World Politics undoubtedly fills a gap in the literature of international relations and global governance. My comment seeks to highlight that Hägel's (2020. Billionaires in World Politics. 1st ed. Oxford Scholarship Online. Oxford: Oxford University Press) work allows us to advance our understanding of how these private actors can be understood as legitimate authorities and how they can contribute to the legitimacy of the international order. I divide my commentary into three points: the first concerns (...) the approach to billionaires from their individual agency (the individual approach), the second relates to the separation between the state and the global levels (the division approach), and the third presents questions on political legitimacy that arise from his case studies (the legitimacy question). (shrink)

Small clinics in North America often struggle to keep pace with the digital transformation sweeping the healthcare industry due to limited financial resources and technological expertise. This digital divide has become more pronounced with the increasing reliance on digital solutions, such as online booking systems and telehealth services, exacerbated further by the COVID-19 pandemic. This paper evaluates whether Generative Pre-trained Transformers (GPTs), introduced by OpenAI, can effectively bridge this gap by providing a cost-effective and efficient solution for small clinics. We (...) detail the implementation of a GPT-based online booking system tai lored to the needs of small clinics. The methodology includes a flowchart of the system’s components and descriptions, supplemented by code and scripts in the appendix. Our findings show that GPTs can significantly improve booking efficiency, reduce administrative workload, and enhance patient experience. However, we also identify drawbacks such as technical issues and the need for staff adaptation. We discuss potential issues, including error handling, privacy concerns, and appointment conflicts. The paper concludes with recommendations for small clinics on leveraging GPT technology to enhance their digital capabilities, ultimately aiming to provide more efficient and accessible healthcare services. (shrink)

Epistemic injustices are wrongs done concerning a person’s capacity as a knower. These actions are usually caused by prejudice and involve the distortion and neglect of certain marginalized groups’ opinions and ways of knowing. A type of epistemic injustice is hermeneutical injustice, which occurs when a person cannot effectively communicate or understand their experience, since it is excluded in scholarship, journalism, and discourse within their community. Indigenous Peoples (IPs) are especially vulnerable to hermeneutical injustice because their way of life is (...) unfamiliar or inaccessible to others. This leads to the exclusion of their ideas from public discourse, especially those important for human and societal development. This phenomenon is particularly evident in instances related to IP education. José Medina claims that there are cases of hermeneutical injustice which hinders the ability of people to share and make meaning, or simply, hermeneutical death. Ben Kotzee, on the other hand, identifies the specific educational dimension of epistemic injustice. Using both of these frameworks and citing the results of local studies on indigenous education as illustrative points, we attempt to show instances and scope of hermeneutical injustice in the education of IPs in the Philippines. (shrink)

death of Jacques Derrida in 2004 represented a major interruption in contemporary intellectual life. This death calls for an engagement with Derrida's work and an attempt to understand his legacy. Such a discussion is fraught with tension between remaining faithful after death and putting Derrida's writing to work in new directions, posing challenges and exposing limitations. In short this legacy is, necessarily, a negotiation. The aim of this book is to grapple with this specific theme and to explore the implications (...) of Derrida's death for the future of critical thought itself. The authors demonstrate that there is no single way to adopt or inherit Derrida's thought. Rather, through their engagement with contemporary themes within Politics and International Studies, Philosophy, Literary Studies and Postcolonial Studies, each chapter illuminates the degree to which on-going reflection, radical critique, and above all radical self-critique are demanded by deconstruction. This book provides the key st. (shrink)

The most of Tagore’s ideas expressed in his books and usual writings that draw attention by the Tagore’s scholars, a layman/woman cannot connect easily. The letters focused in this article are written in a simple language, though personal, rooted in daily experiences of Tagore himself—he shares in a very simple and lucid language. Often, the charges against Tagore’s philosophy are made that he is too idealistic and beyond realization. The paper attempts to argue based on these letters that his ideas (...) are not that idealistic and are deeply rooted in the daily life of human beings and can be realized. Tagore’s concern is to find out the basis of the religion that unites human beings, and he is searching for it in the truth of man’s nature. Tagore realizes that teaching of religion can never be imparted in the form of lessons, but he finds it in the living personality of man. This article is trying to concentrate on the letters Tagore had written to Indira Devi and Hemantabala Devi, expressing his religious thinking. The eagerness to realize the unity of the soul of man and universe with the Universal Man expressed the letters to Indira Devi. The criticism towards the blind faiths of Hinduism and image worship focuses on the letters to Hemantabala Devi. Many essential documents are expressing the religious thinking of Tagore, but these letters are the purest expressions of him and reflect a live image of Tagore’s mind. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAt the Eleventh Hour: The Biography of Swami Rama. By Pandit Rajmani Tigunait, Ph.D. Honesdale, Pennsylvania: Himalayan Institute Press, 2002. Pp. 427. Hardcover $18.95.Awakening and Insight: Zen Buddhism and Psychotherapy. Edited by Polly Young Eisendrath and Shoji Muramoto. Hove, England: Brunner-Routledge, 2002. Pp. xii + 275. Paper $24.95.Beyond Metaphysics Revisited: Krishnamurti and Western Philosophy. By J. Richard Wingerter. Lanham, Maryland: University Press of America, 2002. Pp. vii + (...) 391. Hardcover $71.00.Bhāmatī and Vivaraṇa Schools of Advaita Vedānta: A Critical Approach. By Pulasth Soobah Roodurmun, foreword by V. N. Jha, and edited by Kanshi Ram. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xv + 297. Price not given.A Bibliography of Ananda Kentish Coomaraswamy. By James S. Crouch. New Delhi: Indira Gandhi National Centre for the Arts and Manohar Publishers and Distributors, 2002. Pp. 430. Price not given.Crisis Theory and World Order: Heideggerian Reflections. By Norman K. Swazo. Albany: State University of New York Press, 2002. Pp. x + 289. Hardcover $78.50. Paper $26.95.Devotional Literature in South Asia: Current Research 1997-2000: Proceedings of the Eighth International Conference on Early Literature in New Indo-Aryan Languages, Leuven, 23-26 August 2000. Edited by Winand M. Callewaert and Dieter Taillieu. New Delhi: Manohar Publishers and Distributors, 2002. Pp. xxii + 324. Price not given.Dharma Bell and Dhāraṇī Pillar: Li Po's Buddhist Inscriptions. By Paul W. Kroll. Kyoto: Italian School of East Asian Studies, 2001. Pp. viii + 95. Price not given.Essays on the Moral Philosophy of Mengzi. Edited, with introduction, by Xiusheng Liu and Philip J. Ivanhoe. Indianapolis and Cambridge: Hackett Publishing Company, 2002. Pp. xiv + 249. Hardcover $39.95. Paper $16.95. Professional price $12.95.Ethical Questions: East and West. Edited by Bina Gupta. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. vi + 279. Hardcover $70.00. Paper $26.95.Ethical Relativism and Universalism. By Saral Jhingran. New Delhi: Motilal Banarsidass Publishers, 2001. Pp. xiv + 385. Price not given.Genius-In Their Own Words: The Intellectual Journeys of Seven Great 20th Century [End Page 431] Thinkers. Edited and with introduction by David Ramsay Steele, foreword by Arthur C. Danto. Chicago and La Salle: Open Court, 2002. Pp. xxii + 366. Paper $24.95.The Hatha Yoga Pradipika. The original Sanskrit by Svatmarama, an English translation by Brian Dana Akers. Woodstock, New York: YogaVidya.com, 2002. Pp. xii + 115. Hardcover $19.95. Paper $11.95.Human Rights and Chinese Thought: A Cross-Cultural Inquiry. By Stephen C. Angle. New York: Cambridge University Press, 2002. Pp. xviii + 285. Hardcover $65.00. Paper $23.00.Indestructible Truth: The Living Spirituality of Tibetan Buddhism. By Reginald A. Ray. Boston and London: Shambhala Publications, 2002. Pp. x + 495. Paper $17.95.Introduction to Eastern Thought. By Marietta Stepaniants. Edited by James Behuniak and translated by Rommela Kohanovskaya. Lanham, Maryland: AltaMira Press, a division of Rowman and Littlefield Publishers, 2002. Pp. xiv + 293. Hardcover $69.00. Paper $24.95.Jainism and Ecology: Nonviolence in the Web of Life. Edited by Christopher Key Chapple. Cambridge: Harvard University Press for the Center for the Study of World Religions, 2002. Pp. xliv + 252. Hardcover $32.95. Paper $22.95.Mediating the Power of Buddhas: Ritual in the Mañjuśrīmūlakalpa. By Glenn Wallis. Albany: State University of New York Press, 2002. Pp. xiii + 263. Hardcover $86.50. Paper $29.95.Methodology in Religious Studies: The Interface with Women's Studies. Edited by Arvind Sharma. Albany: State University of New York Press, 2002. Pp. xi + 253. Hardcover $78.50. Paper $26.95.Persons and Valuable Worlds: A Global Philosophy. By Eliot Deutsch. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. x + 309. Hardcover $80.00. Paper $34.95.Philosophy and Art in Gurdjieff's Beelzebub: A Modern Sufi Odyssey. By Anna T. Challenger. Amsterdam and New York: Editions Rodopi B.V., 2002. Pp. xi + 145. Paper EUR 27,00, U.S. $25.00.The Pratyabhijñā Philosophy. By G. V. Tagare. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xii + 165. Price not given.Reflections on Reality: The Three Natures and Non-Natures in the Mind-Only School: Dynamic Responses to ong-ka-a's The... (shrink)

What is the responsibility of the physician when a capacitated patient assigns decision-making authority to a surrogate who does not act in the patient’s best interest?

After decades of imperfect secularism, presided over by an often corrupt Congress establishment, Nehru's diverse republic has yielded to Hindu nationalism. India is collapsing under the weight of its own contradictions. Since 2014, the ruling BJP has unleashed forces that are irreversibly transforming the country. Indian democracy, honed over decades, is now the chief enabler of Hindu extremism. Bigotry has been ennobled as a healthy form of self-assertion, and anti-Muslim vitriol has deluged the mainstream, with religious minorities living in terror (...) of a vengeful majority. Congress now mimics Modi; other parties pray for a miracle. In this blistering critique of India from Indira Gandhi to the present, Komireddi lays bare the cowardly concessions to the Hindu right, convenient distortions of India's past and demeaning bribes to minorities that led to Modi's decisive electoral victory. If secularists fail to reclaim the republic from Hindu nationalists, Komireddi argues, India will become Pakistan by another name. (shrink)

Immanuel Kant's Groundwork of the Metaphysics of Morals of 1785 is one of the most profound and important works in the history of practical philosophy. In this introduction to the Groundwork, Sally Sedgwick provides a guide to Kant's text that follows the course of his discussion virtually paragraph by paragraph. Her aim is to convey Kant's ideas and arguments as clearly and simply as possible, without getting lost in scholarly controversies. Her introductory chapter offers a useful overview of Kant's general (...) approach to practical philosophy, and she also explores and clarifies some of the main assumptions which Kant relies on in his Groundwork but defends in his Critique of Pure Reason. The book will be a valuable guide for all who are interested in Kant's practical philosophy. (shrink)

The period from Kant to Hegel is one of the most intense and rigorous in modern philosophy. The central problem at the heart of it was the development of a new standard of theoretical reflection and of the principle of rationality itself. The essays in this volume, published in 2000, consider both the development of Kant's system of transcendental idealism in the three Critiques, the Metaphysical Foundations of Natural Science, and the Opus Postumum, as well as the reception and transformation (...) of that idealism in the work of Fichte, Schelling and Hegel. (shrink)

_Explores the social ramifications of Kant's concept of radical evil._.

A breathtaking detective story, this book charts the adventure of Whitehead's ideas in a remarkably detailed and careful reconstruction of his metaphysical views.

While the coffee house as a space of political deliberation has been a common feature across the globe, there are few historical cases in which one can analyze the role of such face-to-face political deliberation under totalitarian moments in heretofore democratic states. Of the analogous cases of democratic reversal, India is one of the most important and under-researched. In 1975, then Prime Minister Indira Gandhi was convicted of corrupt election practices. Rather than concede to the high court ruling, she (...) suspended the constitution and installed herself as India’s sole political authority. The Indian Coffee House in New Delhi became the key site of resistance to the Emergency. The totalitarian moment pushed contentious politics into the Coffee House, initially galvanizing it: even the older members of Indira Gandhi's Congress Party, who were active participants in India's Freedom Movement, were key participants in coffee house deliberations. Eventually, however, Indian Coffee House was bulldozed and political deliberation crushed. The space of the coffee house may foster political deliberation among different viewpoints, but when interaction is concentrated in one such space, it becomes easier for the state and its agents to suppress oppositional politics and more difficult for both establishment and oppositional politics themselves to retain a diversified public sphere character. While coffee houses and analogous institutions are not adequate substitutes for other forms of democratic politics, therefore, they can encourage expression when other avenues are closed off and nourish the memory of a democratic political culture for the future. (shrink)

Parkinson schreibt, es sei nicht klar, daß Alexander selbst von Geburt an Merkmale oder Zeichen des Ortes seines zukünftigen Todes in sich getragen haben müsse, weil der vollständige Begriff von Alexander den Begriff des in Babylon Sterbens enthält. Die vorliegende Interpretation des Prinzips der Vorherbestimmtheit der Geschichte verdeutlicht dies mit Hilfe der bildlichen Ausdrücke, Pläne und Dispositionen und mit Hilfe einer aristotelischen Unterscheidung zwischen "going to be" und "will be" , fur welche ein formaler chronologischer Apparat ausgearbeitet ist. Die Arbeit (...) gibt ebenfalls Einblick in den Gedanken, daB die Gegenwart schwanger mit der Zukunft ist, und antwortet auf Reschers Kritik, daß Leibniz' Metaphysik von Grund auf statisch sei. (shrink)