In the Netherlands, in 2002, euthanasia became a legitimate medical act, only allowed when the due care criteria and procedural requirements are met. Legally, an Advanced Euthanasia Directive can replace direct communication if a patient can no longer express his own wishes. In the past decade, an exponential number of persons with dementia share a euthanasia request with their physician. The impact this on physicians, and the consequent support needs, remained unknown. Our objective was to gain more insight into the (...) experiences and needs of Dutch general practitioners and elderly care physicians when handling a euthanasia request from a person with dementia. We performed a qualitative interview study. Participants were recruited via purposive sampling. The interviews were transcribed verbatim, and analyzed using the conventional thematic content analysis. Eleven general practitioners and elderly care physicians with a variety of experience and different attitudes towards euthanasia for PWD were included. Euthanasia requests appeared to have a major impact on physicians. Difficulties they experienced were related to timing, workload, pressure from and expectations of relatives, society’s negative view of dementia in combination with the ‘right to die’ view, the interpretation of the law and AEDs, ethical considerations, and communication with PWD and relatives. To deal with these difficulties, participants need support from colleagues and other professionals. Although elderly care physicians appreciated moral deliberation and support by chaplains, this was hardly mentioned by GPs. Euthanasia requests in dementia seem to place an ethically and emotionally heavy burden on Dutch GPs and elderly care physicians. The awareness of, and access to, existing and new support mechanisms needs further exploration. (shrink)

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

The assessment of a technology with such a huge societal impact as the Superphoenix project cannot be anything but a transdisciplinary and political event. This project of course is quite extraordinary, a case of Big Science and High Technology. The Superphoenix project belongs to the travaux publics, more particularly the grands travaux, those necessities of every state’s sovereignty and power. As such they represent greatness and even glory, they breathe a sense of mystery. But from the perspective of public disbelief (...) these cathedrals of modern times breathe nothing but deceit and thievery.The Superphoenix project is very specific. Nevertheless it suits well as an example of how new technologies should not be conceived and implemented: it functions as a bad example. Professor Hériard shows the tragedy of a socalled technology push: the development of a new technology pushed by preoccupied engineers and a single-minded interest group. It is evident that, for an innovation to be successful, should be implemented otherwise. The technology push option is very risky: the innovation threatens to fossilize even before functioning.According to Hériard, instead of the monologue of this technology push, a dialogue should take place: a debate on the various technical, economic, political and cultural dimensions of a technology, a debate in which professionals and the public should participate. The key concept in Hériard’s position is mediation: the necessity of the mediation of the various dimensions, technical and non-technical, within the process of technological innovation. Mediation: in French médiation, in German: Vermittlung.Dialogue and debate are the vehicles that transport this mediation. Dialogue and debate are indeed of great value in the best possible world of technology. The implementation of a new technology and even the conception itself, the technological idea, are of a social character, are societal phenomenona. The mediation of various dimensions however is not and cannot be proposed as a simple answer. This mediation confronts us with the problem of complexity, i.e, the complexity of the technological innovation itself, and the complexity of professional ethics.Hériard demonstrates with his case-study of the Superphoenix project the importance of mediation. I am supposed to criticize Hériard’s statements, but I prefer to stress that with regard to technology, with regard to the way we handle and evaluate technologies, we do indeed have to think in terms of mediation. With my remarks, I intend to elaborate a little bit on this mediation. I will try to give a sort of philosophical explanation of this concept. And perhaps professor Hériard doesn’t agree with the way I understand his intentions. In that case my remarks are perhaps part of a critical reflection after all. (shrink)

This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...) the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases.The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. (shrink)

While engineering ethics usually addresses the responsibility of engineers in rare cases of whistle blowing, the authors broach the question to what extent engineers can be held responsible in normal practice. For this purpose, they define the conditions under which individuals can be imputable as they prevail in ethics and common sense. From outcomes of science and technology studies research, the authors conclude that these conditions are seldom met in modern technoscientific research practice. By examining such practice in a case (...) study and comparing the results with perceptions of engineers on social responsibility as expressed in interviews, the authors are able to demonstrate that a change in structural characteristics of this practice, such as funding rules, stimulates engineers to attune the inner politics of science to wider societal policies and concerns, and it helps them to overcome the shifting of social responsibility to others as a consequence of the lack of agency they usually perceive. (shrink)

The short treatise On the Cosmos, which most scholars believe to be not by Aristotle, has confidently been attributed to Aristotle by G. Reale and A. P. Bos. I do not wish to enter into their arguments for this attribution, because I believe it can be proved to be untenable.

This commentary discusses several problems with the target article by Ceci et al. First, the results admit of an alternative interpretation that undercuts the conclusion drawn. In addition, at a number of points, the research should be supplemented by examining situations in which there is no tenure-granting policy. Finally, 60% of the questions are concerned with whistle-blowing, but the issues involved in such cases make them much less relevant to the assessment of tenure than the authors suppose. (Published Online February (...) 8 2007). (shrink)

Looking at objectivity in scientific practices from a rhetoric point of view, this paper focuses on three related strategies of objectification found in the early psychoanalytic situation (1901-1924): formalisation and purification of language, accumulation of symbolic capital, and social distancing. On the one hand, these strategies help empower psychoanalytic discourse while, on the other, they reduce its proponents at the same time to subjects of these strategies. The aim of the analysis is to look at the moment when this happens (...) and for this purpose focuses on the many transformations, adaptations and alterations in one of Freud's most popular and influential books, The Psychopathology of Everyday Life, and its subsequent editions, as a collective effort by Freud and his students to build a language of their own. In the conclusions, the question as to if and in what way an objectified discourse can be resisted is addressed. (shrink)

Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.

This study investigated the relationship between the development of students? self-regulated learning and students? perceptions of the learning environment in terms of autonomy support, the emphasis on relevance and collaborative learning. In addition, we compared innovative learning environments that aim to enhance self-regulated learning with traditional learning environments. Questionnaires for measuring self-regulated learning and perceptions of the learning environment were administered by 648 students. Self-regulated learning was measured at the start of secondary education and again half way through the first (...) year. The results point to the importance of how students perceive the learning environment for self-regulated learning. There was a positive relationship between autonomy support and relevance and self-regulated learning. Furthermore, students in innovative environments perceived more autonomy support, more emphasis on relevance and more collaborative learning than those in traditional environments. Students in innovative environments, however, reported no more self-regulated learning than students in traditional environments. (shrink)

Classroom discussion is frequently proposes as an essential part of democratic citizenship education. Literature, however, pays little attention to what kind of discussion is most effective and how teachers can facilitate a discussion. This study aims to contribute to the development of a framework for analysing the characteristics of classroom discussions and the different roles teachers can adopt in guiding a discussion on controversial issues. In addition, we investigated how the way teachers guide the discussion is related to the structure (...) and content features of the discussion. The framework was used to analyse five classroom discussions in secondary education. Our framework appeared to be useful for revealing differences in the structure and content features of the classroom discussions and in the way teachers guide the discussion. The results also indicated that a high degree of teacher regulation was related to high content quality and more participation from students. A high degree of stu... (shrink)

A new reconstruction and edition of the _Placita_ of Aëtius (ca. 50 CE), arguably the most important work of ancient doxography covering the entire field of natural philosophy. Accompanied by a full commentary, it replaces the seminal edition of Herman Diels (1879).

This paper deals with the questions of whether the law should be coherent and what this coherence would amount to. In this connection so‐called “integrated coherentism” is introduced. According to integrated coherentism, an acceptance set is coherent if and only if it contains everything that should rationally be accepted according to what else one accepts and does not contain anything that should rationally be rejected according to what else one accepts. Such an acceptance set is ideally a theory of everything, (...) including amongst others standards for rational aceptance. On the assumption that the law, as a social phenomenon, is what the best theory about the law says it is, the law must be coherent, because the best theory of the law is part of an integratedly coherent theory of everything. This view is compatible with Raz's view that the law stems from different sources that need not be coherent in the sense that they consistently elaborate the same underlying principles or policies. Raz's view is not a consequence of integrated coherentism, however. (shrink)

This paper examines how expertise is treated as a separable domain of epistemics by looking at simulated intensive care shift-handovers between resident physicians. In these handovers, medical information about a patient is transferred from an outgoing physician to an incoming physician. These handovers contain different interactional activities, such as discussing the patient identifiers, giving a clinical impression, and discussing tasks and focus points. We found that with respect to knowledge about the patient, the OPs display an orientation to a knowledge (...) imbalance, but with respect to procedures, reasoning, and activities, they display an orientation to a knowledge balance. We use ‘expertise’ to refer to this latter type of knowledge. ‘Expertise’ differs from, and adds to, how knowledge is often treated in epistemics in that it is concerned with professional competence or ‘knowing how’. In terms of epistemics, the participants in the handovers orient to a steep epistemic or knowledge gradient when it concerns the patient, while simultaneously displaying an orientation to a horizontal expertise gradient. (shrink)

This article describes how the facts in social reality take an intermediate position between objective facts and purely subjective ‘facts’. In turn, these social facts can be subdivided into constructivist and non-constructivist facts. The defining difference is that non-constructivist facts are completely determined by an approximate consensus between the members of a social group, while constructivist facts are founded in such a consensus but can nevertheless be questioned. Ought fact are such constructivist facts. Because they are founded in social reality, (...) a naturalistic theory of ought facts is attractive. Because constructivist facts are always open to questioning, we can explain why the facts in social reality may found ought facts but are nevertheless not the final word about them. (shrink)

These ten essays on Cicero's _Academic Books_ deal with various aspects of Academic scepticism, ancient epistemology, and the history of the Academy. The tradition from Socrates through to Galen is covered, with special emphasis on Carneades, Antiochus and, of course, Cicero himself.

I argue for the interpretation of Anaximander's world as an unstable system. The inconsistency found by scholars in Theophrastus/Simplicius' text disappears when it is realized that the elemental forces of nature do not change into each other. They are in the Infinite in time as well as in space. To some extent preference is given to Aristotle's evidence over the doxographical vulgate habitually derived from Theophrastus, though of course the Theophrastean passage containing the verbatim quotation remains the primary witness.

This paper deals with two issues in the field of reasoning by analogy in the law. The one issue is whether there exists such a thing as analogous rule application, or whether there is only the ‘normal’ application of a broadened rule. It is argued that if rules, as the entities made by a legislator, are distinguished from generalised solutions for cases, the idea of analogous application of rules makes sense. It is also shown how the so-called ‘reason-based model of (...) rule application’, in contrast to the traditional modus ponens or subsumption model, makes it easy to give a logical account of analogous rule application. The other issue is how to argue logically about whether two cases are sufficiently similar to adopt the outcome of the one case for the other case. Section 3 provides a general logical model to establish this. The model is based on the comparison of the reasons for and against a particular solution in the two cases. (shrink)

AëtiusPlacita1.3.8, in the chapterOn Principles, provides a systematic overview of Pythagorean thought, which can be instructively compared with ps.-ArchytasOn Principles, provided both fragments of the latter are kept together.

This study of the practices and principles of a wide range of ancient scholars dealing with philosophical, scientific, biblical and other authors is an ...

This article argues that it is possible to hold autonomous agents themselves, and not only their makers, users or owners, responsible for the acts of these agents. In this connection autonomous systems are computer programs that interact with the outside world without human interference. They include such systems as ‘intelligent’ weapons and self-driving cars. The argument is based on an analogy between human beings and autonomous agents and its main element asserts that if humans can be held responsible, so can, (...) in principle, autonomous agents, as humans are more like autonomous agents than is often assumed. (shrink)