In a recent publication, I argued that there is a conceptual difference between artificial womb (AW) technology, capable of facilitating gestation ex utero, and neonatal intensive care, providing incubation to neonates born prematurely. One of the reasons I provided for this distinction was that the subjects of each process are different entities. The subject of the process of gestation ex utero is a unique human entity: a ‘gestateling’, rather than a fetus or a newborn preterm neonate. Nick Colgrove wrote a (...) response to my paper, claiming that my distinction between the subject of an AW and a newborn (in intensive care) was false. He claims that I have not accounted for the proper definition of ‘birth’ and that gestatelings are not a distinct product of human reproduction. Further, Colgrove posits that even if I can successfully distinguish gestatelings from preterms, such a distinction is morally irrelevant because the entities would have the same moral status. In this paper, I address the three challenges raised and defend the claim that gestatelings are unique entities. Moreover, I argue that moral status should not be considered ipso facto determinative in the debate about AWs. (shrink)

In 2017 and 2019, two research teams claimed ‘proof of principle’ for artificial womb technology (AWT). AWT has long been a subject of speculation in bioethical literature, with broad consensus that it is a welcome development. Despite this, little attention is afforded to more immediate ethical problems in the development of AWT, particularly as an alternative to neonatal intensive care. To start this conversation, I consider whether experimental AWT is innovative treatment or medical research. The research–treatment distinction, pervasive in regulation (...) worldwide, is intended to isolate research activities and subject them to a greater degree of oversight. I argue that there is a tendency in the literature to conceptualize AWT for partial ectogenesis as innovative treatment. However, there are sufficiently serious ethical concerns with experimental AWT that mean that it must not be first used on humans on the basis that it is a ‘beneficial treatment’. First, I outline the prospects for translation of AWT animal studies into treatment for human preterms. Second, I challenge the conceptualizations of experimental AWT as innovative treatment. It must be considered medical research to reflect the investigatory nature of the process and guarantee sufficient protections for subjects. Identifying that AWT is research is crucial in formulating further ethico‐legal questions regarding the experimental use of AWT. Third, I demonstrate that clinical trials will be a necessary part of the clinical translation of AWT because of requirements laid out by regulators. I consider the justification for clinical trials and highlight some of the crucial ethical questions about the conditions under which they should proceed. (shrink)

Corporate social responsibility research has focused often on the business returns of corporate social initiatives but less on their possible social returns. We study an actual company–consumer partnership CSR initiative promoting ecologically correct and conscious consumption of bottled mineral water. We conduct a survey on adult consumers to test the hypotheses that consumer skepticism toward the company–consumer partnership CSR initiative and the moral emotion of elevation mediate the relationship between company CSR motives perceived by consumers and consumer behavioral responses following (...) this CSR initiative. Favorable consumer behavioral responses, in turn, relate positively to consumer support of other green products. The results provide scholars and managers with means of improving their understanding and handling of company–consumer partnership CSR initiatives. (shrink)

In this paper I examine the notion and role of metaphors and illustrations in Maxwell's works in exact science as a pathway into a broader and richer philosophical conception of a scientist and scientific practice. While some of these notions and methods are still at work in current scientific research-from economics and biology to quantum computation and quantum field theory-, here I have chosen to attest to their entrenchment and complexity in actual science by attempting to make some conceptual sense (...) of Maxwell's own usage; this endeavour includes situating Maxwell's conceptions and applications in his own culture of Victorian science and philosophy. I trace Maxwell's notions to the formulation of the problem of understanding, or interpreting, abstract representations such as potential functions and Lagrangian equations. I articulate the solution in terms of abstract-concrete relations, where the concrete, in tune with Victorian British psychology and engineering, includes the muscular as well as the pictorial. This sets the basis for a conception of understanding in terms of unification and concrete modelling, or representation. I examine the relation of illustration to analogies and metaphors on which this account rests. Lastly, I stress and explain the importance of context-dependence, its consequences for realism-instrumentalism debates, and Maxwell's own emphasis on method. (shrink)

In this paper, I propose an account of self-knowledge for desires. According to this account, we form beliefs about our own desires on the basis of our grounds for those desires. First, I distinguish several types of desires and their corresponding grounds. Next, I make the case that we usually believe that we have a certain desire on the basis of our grounds for it. Then, I argue that a belief formed thus is epistemically privileged. Finally, I compare this account (...) to two other similar accounts of self-knowledge. (shrink)

In their paper, ‘How to reach trustworthy decisions for caesarean sections on maternal request: a call for beneficial power’, Eide and Bærøe present maternal request caesarean sections (MRCS) as a site of conflict in obstetrics because birthing people are seeking access to a treatment ‘without any anticipated medical benefit’. While I agree with the conclusions of their paper -that there is a need to reform the approach to MRCS counselling to ensure that the structural vulnerability of pregnant people making birth (...) decisions is addressed—I disagree with the framing of MRCS as having ‘no anticipated medical benefit’. I argue that MRCS is often inappropriately presented as unduly risky,without supporting empirical evidence,and that MRCS is most often sought by birthing people on the basis of a clinical need. I argue that there needs to be open conversation and frank willingness to acknowledge the values that are currently underpinning the presentation of MRCS as ‘clinically unnecessary’; specifically there needs to be more discussion of where and why the benefits of MRCS that are recognised by individual birthing people are not recognised by clinicians. This is important to ensure access to MRCS for birthing people that need it. (shrink)

In this paper I offer a novel interpretation of Wittgenstein's claim that ‘ethics is transcendental’. Initially, I set out to offer said interpretation by resorting to both Wittgenstein's understanding of ethics and his understanding of the transcendentality of logic—which entails taking Wittgenstein as endorsing a Kantian understanding of the notion ‘transcendental’. This leads to the claim that ethics is transcendental insofar as it is the condition of a certain ethical experience. Nevertheless, this interpretation involves some inadequacies due to certain incompatibilities (...) between the Tractatus Logico-Philosophicus and the aforementioned Kantian understanding of the notion ‘transcendental’. I identify the peculiarities of Wittgenstein's understanding of the notion ‘transcendental’, and on this basis, I set forth a novel interpretation of 6.421. Specifically, I argue that ethics is transcendental insofar as it is internal to or constitutive of a certain mystical view: viewing the world sub specie aeterni as something valuable. (shrink)

In this introduction, I consider different problems posed by the use of singular terms in fiction (section 1), paying especial attention to proper names and, in particular, to names of real people, places, etc. As we will see (section 2), descriptivist and Millian theories of reference face different kinds of problems in explaining the use of fictional names in fiction-related contexts. Moreover, the task of advancing a uniform account of names in these contexts—an account which deals not only with fictional (...) names but also with “real” names—will prove to be very hard no matter whether we favour realist or antirealist intuitions about fictional discourse (section 3). Section 4 offers an overview of the content of this volume, with emphasis on the discussion between Manuel García-Carpintero and Stacie Friend about the meaning of “real” names in fiction-related contexts, the main topic of the Third Blasco Disputatio. (shrink)

This book offers a philosophical account of memory. Memory is remarkably interesting from a philosophical point of view. Our memories interact with mental states of other types in a characteristic way. They also have some associated feelings that other mental states lack. Our memories are special in terms of their representational capacity too, since we can have memories of objective events, and we can have memories of our own past experiences. Finally, our memories are epistemically special, in that beliefs formed (...) on the basis of our memories are protected from certain errors of misidentification and justified in a way which does not rely on any cognitive capacity other than memory. The aim of the book is to explain these features of memory. It proposes that memories have a particular functional role which involves past perceptual experiences and beliefs about the past and suggests that memories have a particular content as well; they represent themselves as having a certain causal origin. The book then accounts for the feelings associated with our memories as the experience of some of the things that our memories represent; things such as our own past experiences, or the fact the memories originate in those experiences. It also accounts for the special justification for belief afforded by our memories in terms of the content that memories have. The resulting picture is a unified account of several philosophically interesting aspects of memory. (shrink)

Throughout most of human history women have been defined by their biological role in reproduction, seen first and foremost as gestators, which has led to the reproductive system being subjected to outside interference. The womb was perceived as dangerous and an object which husbands, doctors and the state had a legitimate interest in controlling. In this article, we consider how notions of conflict surrounding the womb have endured over time. We demonstrate how concerns seemingly generated by the invisibility of reproduction (...) and the inaccessibility of the womb have translated into similar arguments for controlling women, as technology increases the accessibility of the female body and the womb. Developments in reproductive medicine, from in vitro fertilisation (IVF) to surrogacy, have enabled women and men who would otherwise have been childless to become parents. Uterus transplants and ‘artificial wombs’ could provide additional alternatives to natural gestation. An era of ‘womb technology’ dawns. Some argue that such technology providing an alternative to ‘natural’ gestation could be a source of liberation for female persons because reproduction will no longer be something necessarily confined to the female body. ‘Womb technology’, however, also has the potential to exacerbate the labelling of the female body as a source of danger and an ‘imperfect’ site of gestation, thus replaying rudimentary and regressive arguments about controlling female behaviour. We argue that pernicious narratives about control, conflict and the womb must be addressed in the face of these technological developments. (shrink)

Recent research on autonoetic consciousness indicates that the ability to remember the past and the ability to project oneself into the future are closely related. The purpose of the present study was to confirm this proposition by examining whether the relationship observed between personality and episodic memory could be extended to episodic future thinking and, more generally, to investigate the influence of personality traits on self-information processing in the past and in the future. Results show that Neuroticism and Harm Avoidance (...) predict more negative past memories and future projections. Other personality dimensions exhibit a more limited influence on mental time travel . Therefore, our study provide an additional evidence to the idea that MTT into the past and into the future rely on a common set of processes by which past experiences are used to envision the future. (shrink)

Bioethics scholarship considering the possibility of gestating an embryo to full term in an artificial womb (ectogenesis) often overstates the capacities of current technologies and underestimates the barriers to the development of full ectogenesis. Moreover, this debate causes harm by (1) neglecting more immediate problems in the development of artificial wombs, (2) treating abortion as a “problem with a technological solution,” bolstering anti-abortion rhetoric, and (3) presuming the stability of women’s reproductive rights. The ectogenesis conversation must consider anticipated uses of (...) the technology (neonatal intensive care) and acknowledge the immediate context (recognizing abortion as essential healthcare and existing reproductive inequities). (shrink)

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...) ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)

In this commentary, I consider how Giulia Cavaliere’s arguments about the limited reach of the current justifications offered for full ectogenesis in the bioethical literature apply in the context of partial ectogenesis. I suggest that considering the extent to which partial ectogenesis is freedom or equality promoting is more urgent because of the more realistic prospect of artificial womb technology being utilised to facilitate partial gestation extra uterum as opposed to facilitating complete gestation from conception to term. I highlight concerns (...) about potentially harmful social narratives surrounding pregnancy and about the current legal framework surrounding gestation limiting access to technology in the advent of partial ectogenesis. I do not advocate that these concerns mean that we ought not develop artificial wombs, but like Cavaliere I suggest that we must be mindful of these concerns, and I posit that legal reform must accompany technological developments. Ectogenesis as a political perspective, through which we consider the value in social reproduction and the experiences of pregnant people, is useful to prevent political capture of this technology for regressive policies. Using this perspective to examine the law is also a useful tool to expose just how restrictive the law is in relation to gestation and female reproductive health. (shrink)

De Bie et al. posit thatthe best way to describe the person who would receive current AWT is as a “fetal neonate” or fetonate. Neonatal pertains to the fact that the subject is removed from the wom...

This essay offers a discussion and contextualisation of a series of letters exchanged between Jordi Cat and Paul Feyerabend from 1989 to 1994. These letters provide insights into Feyerabend’s later thought on a variety of themes including quantum holism, the disunity of science, the development of logical empiricism, and science activism. In doing so, we provide some original analysis and exegesis of Feyerabend’s evolving views on scientific methodology and quantum mechanics by focusing on Feyerabend’s changing attitudes towards Bohm, Bohr, (...) and his eventual colleague Hans Primas and his later sympathies with the algebraic approach. We also highlight Feyerabend’s role in the growth of the Disunity of Science movement and how he connected disunity to practical considerations in the philosophy of action. (shrink)

The aim of this paper is to defend the view that judgments based on episodic memory are immune to error through misidentification. I will put forward a proposal about the contents of episodic memories according to which a memory represents a perception of a past event. I will also offer a proposal about the contents of perceptual experiences according to which a perceptual experience represents some relations that its subject bears to events in the external world. The combination of the (...) two views will yield the outcome that the subject is always an intentional object of her own memories: In episodic memory, one remembers being the subject whose extrinsic properties were experienced in some past perception. For that reason, one cannot misidentify oneself in memory unless one is having an inaccurate memory. Thus, the source of immunity to error through misidentification in memory lies in the nature of mnemonic content. (shrink)

Pleasants argues in favour of the idea of basic moral certainties. Analogous to Wittgenstein’s basic empirical certainties, basic moral certainties are universal certainties that cannot be justified, asserted or meaningfully doubted. They are a fundamental condition of morality as such, thus allowing us to carry out other moral operations. Brice and Rummens have criticized Pleasants’ proposal, arguing that basic moral certainties are significantly disanalogous to Wittgenstein’s basic empirical certainties. Brice argues that Pleasants does not differentiate between a bottom-up and a (...) top-down approach to basic certainties nor does he acknowledge the difference that this distinction constitutes in the foundational role of a certainty. Meanwhile, Rummens claims that basic moral certainties are not universal. Conversely, they are moral hinges embedded in certain culturally and historically specific moral language-games. Pleasants has provided a response to these criticisms, while defending the universality and naturalism of basic moral certainties. In this article, I single out the problems in Pleasants’ response to the criticisms introduced by Brice and Rummens. I argue that Pleasants must present further arguments in order to demonstrate that basic moral certainties are analogous to basic empirical certainties. I also argue that the existence of basic moral certainties that coalesce with numerous exceptions and suspensions generates significant problems in Pleasants’ proposal. I advance two cases regarding euthanasia that meaningfully challenge and doubt Pleasants’ central basic moral certainty: the wrongness of killing innocent human beings. Additionally, both cases are employed to meaningfully doubt and challenge Pleasants’ basic moral certainty of the badness of death. (shrink)

In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that there is incoherence in (...) the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare. (shrink)

El presente artículo investiga de qué forma la centralidad del sufrimiento en la filosofía de Schopenhauer sirve para fundamentar su pesimismo. Tres son los argumentos analizados: el lugar del sufrimiento en el mundo, su lugar en la conciencia humana y su lugar frente a la felicidad. A la luz de estos tres argumentos, se destaca que el vínculo indisoluble entre el sufrimiento y la esencia del mundo, la determinación del sufrimiento en la conciencia, tanto en su génesis como en su (...) intensidad, y su anterioridad ontológica frente a la felicidad hacen del pesimismo una categoría necesaria. Finalmente, se señala una posible contribución del pesimismo schopenhaueriano a la crítica social contemporánea, considerando la idea de mundo que el capitalismo tardío promueve. (shrink)

En esta investigación se muestra cómo la persistencia de una concepción jurídica diática de la propiedad ha invisibilizado el carácter hist´rocio, social y político de la misma, naturalizando la desigualdad resultante. Se realiza un examen de cómo el realismo jurídico y la concepción de la propiedad como "haces de derechos" contribuyó a resignificarla como realidad históricamente contingente, sujeta a condiciones e intereses económicos, sociales y políticos. Finalmente, en el artículo se discute cómo la cristalización de los "haces de derechos" en (...) la conceptualización y regimentación de los bienes comunes puede constituir una promisoria herramienta -analítica y normativa- para la democratización de la propiedad en el mundo contemporáneo. (shrink)

In 2017, a Philadelphia research team revealed the closest thing to an artificial womb the world had ever seen. The ‘biobag’, if as successful as early animal testing suggests, will change the face of neonatal intensive care. At present, premature neonates born earlier than 22 weeks have no hope of survival. For some time, there have been no significant improvements in mortality rates or incidences of long-term complications for preterms at the viability threshold. Artificial womb technology, that might change these (...) odds, is eagerly anticipated for clinical application. We need to understand whether AWT is an extension of current intensive care or something entirely new. This question is central to determining when and how the biobag should be used on human subjects. This paper examines the science behind AWT and advances two principal claims. First, AWT is conceptually different from conventional intensive care. Identifying why AWT should be understood as distinct demonstrates how it raises different ethico-legal questions. Second, these questions should be formulated without the ‘human being growing in the AW’ being described with inherently value laden terminology. The ‘human being in an AW’ is neither a fetus nor a baby, and the ethical tethers associated with these terms could perpetuate misunderstanding and confusion. Thus, the term ‘gestateling’ should be adopted to refer to this new product of human reproduction: a developing human being gestating ex utero. While this paper does not attempt to solve all the ethical problems associated with AWT, it makes important clarifications that will enable better formulation of relevant ethical questions for future exploration. (shrink)

I offer an account of thought insertion based on a certain model of self-knowledge. I propose that subjects with thought insertion do not experience being committed to some of their own beliefs. A hypothesis about self-knowledge explains why. According to it, we form beliefs about our own beliefs on the basis of our evidence for them. First, I will argue that this hypothesis explains the fact that we feel committed to those beliefs which we are aware of. Then, I will (...) point to one feature of schizophrenia that suggests that subjects with thought insertion may not be able to know their own beliefs in that way. (shrink)

The emphasis on models hasn’t completely eliminated laws from scientific discourse and philosophical discussion. Instead, I want to argue that much of physics lies beyond the strict domain of laws. I shall argue that in important cases the physics, or physical understanding, does not lie either in laws or in their properties, such as universality, consistency and symmetry. I shall argue that the domain of application commonly attributed to laws is too narrow. That is, laws can still play an important, (...) though peculiar, role outside their strict domain of validity. I shall argue also that, by way of a trade-off, while the actual domain of application of laws should be seen as much broader. At the same time, what I call ‘anomic’ representational elements reveal themselves as central to the descriptive and explanatory power of theories and model: boundary conditions, state descriptions, structures, constraints, limits and mechanisms. I conclude with a brief consideration of how my discussion has consequences for discussion of understanding, unification, approximation and dispositional properties. I focus on examples from physics, macroscopic and microscopic, phenomenological and fundametal: shock waves, propagation of cracks, symmetry breaking, and others. This law-eccentric kind of knowledge is central to both modeling the world and intervening in it. (shrink)

This study shows that firms respond in strategic ways to institutional pressures that stem from social scandals. Through the formal analysis of the historical narrative of events, the authors studied how seven pharmaceutical companies reacted over the years to accusations of being socially irresponsible in dealing with the HIV virus in Africa. The analysis shows that institutional and task environmental factors interact to precipitate pharmaceutical companies' reactions. Although firms' behaviors were indeed affected by institutional pressures exerted by activist groups and (...) the media, they did not passively adapt to these pressures. Instead, they decoupled their core technical activities from their policy announcements (by delaying the implementation of promised concessions) and used institutional pressure in the organizational field as a way of pursuing their own economic interests. (shrink)

Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...) tradiciones intelectuales y normativas que heredó. La reconstrucción de la filosofía política lockeana a partir de su concepción fiduciaria de la libertad política contribuye a hacer de nuevo visible el significado de algunas concepciones fundamentales para la teorización normativa presente. (shrink)

In the United Kingdom the law and medical guidance is supportive of women making choices in childbirth. NICE guidelines are explicit that a competent woman’s informed request for MRCS should be respected. However, in reality pregnant women are routinely denied MRCS. In this paper I consider whether there is sufficient justification for restricting MRCS. The physical and emotive significance of childbirth as an event in a woman’s life cannot be understated. It is, therefore, concerning that women are having their wishes (...) ignored, and we must ascertain whether the denial of agency is justifiable. To answer this question I first demonstrate that access to MRCS is a lottery in the UK. Second, I argue that there is nothing unique about pregnancy that displaces the ethical norm of respecting patents’ sufficiently autonomous choices. Thus, the starting presumption is that all informed choices regarding MRCS should be respected. To ascertain whether any restriction of MRCS is justifiable the burden of proof must be placed on those who argue that MRCS is ethically impermissible. I argue that the most common justifications in the literature against MRCS are insufficient to displace the presumption in favour of autonomous choice in childbirth. I conclude that MRCS should be available to pregnant women, and we must strive to reduce the lottery in access to choice. (shrink)

This paper examines a novel notion of causality, namely, fuzzy-set-theoretic causality. Over the last decade, a number of conceptual models of causality, in the language of fuzzy-set theory, have appeared in the scientific literature and have been applied to empirical research. They have circulated widely from one scientific discipline to another, weaving a unifying thread through them. However, they have received no philosophical attention. In this paper, I will discuss the value and limitations of this type of model and will (...) read into its application several dimensions of philosophical significance. (shrink)

The purpose of this chapter is to determine what is to remember something, as opposed to imagining it, perceiving it, or introspecting it. What does it take for a mental state to qualify as remembering, or having a memory of, something? The main issue to be addressed is therefore a metaphysical one. It is the issue of determining which features those mental states which qualify as memories typically enjoy, and those states which do not qualify as such typically lack. In (...) sections 2 and 3, I will discuss the two main existing conceptions of the conditions that a mental state must satisfy to count as an episode of remembering. The first of these approaches is backward-looking. It puts forward conditions that strictly concern the aetiology of the mental state. I will argue that the conditions offered by the backward-looking approach are both too strong and too weak: They rule out mental states which, intuitively, count as memories while including mental states which, intuitively, do not qualify as memories. The second approach is forward-looking. It puts forward conditions that only concern the use that the subject makes of the mental state while forming beliefs about their own life. I will argue that the conditions proposed by the forward-looking approach are both too weak and too strong as well. However, the discussion of the two approaches will allow us to extract some helpful lessons on the constraints that any proposal about the nature of remembering should respect. An alternative approach aimed at incorporating those lessons will be offered in section 4 by drawing on the literature on functionalism. In section 5, I will argue that this approach can, on the one hand, accommodate as memories those mental states which indicate that the backward-looking approach and the forward-looking approach are too strict while, on the other hand, excluding those mental states which suggest that the two alternative approaches are too permissive. Accordingly, I will conclude that construing memory along functionalist lines is a satisfactory approach to the nature of remembering. (shrink)

Resumen: El artículo ofrece un replanteamiento del debate sobre la conveniencia de atribuir poderes probatorios al juez. Para ello, se sostiene, por un lado, que la respuesta para ese debate debe vincularse necesariamente al modelo de proceso y de juez que se pretenda implementar, así como a la necesidad de sostener el objetivo de averiguación de la verdad en el proceso judicial. Por otro lado, una respuesta adecuada al problema planteado requiere un análisis cuidadoso de los distintos poderes probatorios y (...) del reparto de los mismos entre el juez y las partes. Abstract: The paper analyzes the debate on the convenience of attributing evidential powers to the judge. Ii is argued, on the one hand, that any response for this debate depends necessarily upon 1) the features of two models to be implemented: the model of the judicial process and that of the judge; as well as upon 2) the need to assume the search for truth as the aim in every judicial process. On the other hand, a correct answer to the problem needs a careful analysis of the different -and differently distributed- evidential powers the judge and the parties have. (shrink)

The number of cesarean sections performed globally has been consistently rising since the 1980s.1 The number of cesareans performed now greatly exceeds the number that experts predict are necessary.2 In Brazil, the world's "cesarean capital," over half of births are surgical. In the United States, approximately one third of babies are delivered by cesarean, and in the United Kingdom around 26 percent of births are by cesarean.3 Cesarean section can be a life-saving intervention when vaginal birth poses a risk to (...) woman or fetus.4 However, some doctors believe that cesareans performed in the absence of an emergency carry substantial risks for limited or no benefit (Wagner 2000... (shrink)

Name der Zeitschrift: Rhizomata Jahrgang: 5 Heft: 2 Seiten: 148-176.

Novel forms of assisted gestation—uterus transplantation and artificial placentas—are highly anticipated in the ethico‐legal literature for their capacity to enhance reproductive autonomy. There are also, however, significant challenges anticipated in the development of novel forms of assisted gestation. While there is a normative exploration of these challenges in the literature, there has not yet, to my knowledge, been empirical research undertaken to explore what reproductive rights organisations and advocates identify as potential benefits and challenges. This perspective is invaluable. These organisations/individuals (...) have an awareness not only of the needs of individuals but also of the political landscape in which regulatory decisions are made and which individuals navigate when seeking reproductive assistance. In this study, data was generated from two semi‐structured focus groups (n = 11). Reflective thematic analysis was used to examine the views raised by study participants in these focus groups. This paper explores two of the themes constructed in the data. First, the equality‐enhancing potential of assisted gestation exploring the multifaceted ways in which assisted gestation has structural benefits for marginalised groups. Second, realising the equality‐enhancing potential of assisted gestation explores the intersecting barriers to access to reproductive technologies and how they may impede the benefits of these technologies in practice. These results can enhance conceptual understanding of the importance of novel forms of assisted gestation and ensure that attention is paid to practical barriers in further normative research. (shrink)