In this study, 10 hematologists and 10 lung oncologists were interviewed regarding the information they provide to patients in four situations of uncertainty: determining the treatment that is in the patient’s best interest; recurrence or progression of the patient’s disease; determining when to withdraw life-prolonging treatment; discussing death, addressing questions such as whether the patient will die from the disease, and when. The primary finding is that delivery of information to patients with low survival rates can be improved by more (...) and better disclosure by physicians at an earlier stage. The crucial point for physicians is to ascertain the wishes of patients, to learn what to reveal about what patients should expect, short term and long term, as death approaches. (shrink)

The research literature suggests that physicians’ attitudes regarding disclosing a diagnosis of cancer have changed, from nondisclosure to full disclosure. Physicians’ attitudes towards disclosing a patient’s prognosis are likewise said to have changed, although not to the same degree.The aim of this study was to identify inherent challenges in communicating information about imminent death. It included one set of interviews with patients and another set with doctors, and subsequent discussions of ways to overcome obstacles to patients’ understanding their situation. Patients (...) were diagnosed with leukemia, myeloma, or lung cancer; the doctors were hematologists and lung oncologists. The two sets of interviews were analyzed separately using a content analysis model developed by Graneheim and Lundman. For each set of interviews, eight content areas were defined as belonging to an area of interest and scrutinized for the information they included regarding communicating prognoses to patients.The main finding was a discrepancy between patients’ desire to be fully informed regarding their prognosis and physicians’ reluctance to offer a prognosis until a patient had overt signs of approaching death. We conclude that existing guidelines for disclosure of bad news should be modified to encourage disclosure and discussion of uncertain prognostic information, unless a patient is clearly opposed to receiving such information or otherwise not a suitable partner for dialogue. (shrink)

Featuring contributions from the world’s leading experts on the subject and based partly on several detailed case studies, this volume is the first comprehensive analysis of the scientific notion of robustness as well as of the general ...

In the 1980s, philosophical, historical and social studies of science underwent a change which later evolved into a turn to practice. Analysts of science were asked to pay attention to scientific practices in meticulous detail and along multiple dimensions, including the material, social and psychological. Following this turn, the interest in scientific practices continued to increase and had an indelible influence in the various fields of science studies. No doubt, the practice turn changed our conceptions and approaches of science, but (...) what did it really teach us? What does it mean to study scientific practices? What are the general lessons, implications, and new challenges? This volume explores questions about the practice turn using both case studies and theoretical analysis. The case studies examine empirical and mathematical sciences, including the engineering sciences. The volume promotes interactions between acknowledged experts from different, often thought of as conflicting, orientations. It presents contributions in conjunction with critical commentaries that put the theses and assumptions of the former in perspective. Overall, the book offers a unique and diverse range of perspectives on the meanings, methods, lessons, and challenges associated with the practice turn. (shrink)

A large number of legal rules create an obligation to prevent, repair or otherwise mitigate damage to human health or the environment. Many of these rules require that a legally relevant causal relation between human behaviour and the damage at issue is established, and in the establishment of causal relations of this kind scientific information is often pressed into service. This thesis examines this specifically legal use of scientific information. It shows that many legally relevant causal relations cannot be established (...) in this way. It also shows that the legal strategy for dealing with epistemic difficulties by relaxing the standard of proof is of limited value in tackling this problem. Consequently, the legal rules focused upon are less efficient tools for combating damage to human health and the environment than their appearances suggest. Other legal means to achieve this aim should therefore be considered. The thesis begins by presenting a framework which can be used to solve some important problems with communication and the division of labour that arise when scientific information is used to answer legal questions. This framework recognizes both epistemological and ontological differences between law and science. The latter are differences between the kinds of entity which are relevant in distinct theoretical contexts; the former, by contrast, are differences between applicable standards of proof. In subsequent parts of the thesis this framework shapes the discussion of the question: To what extent can legally relevant causal relations, involving legally significant entities, be established through the application of scientific information about other, scientifically relevant entities and legal standards of proof. The thesis concludes with a discussion of some of the ways in which the legal regulation could, potentially, be adapted, so as to counteract damage to human health and the environment more efficiently. (shrink)

У дослідженні розглянуто сучасний стан ринку юридичних послуг . Автор виокремлює проблеми функціонування та можливості розвитку регіонального ринку в умовах міжнародної інтеграції, виділяє можливі шляхи нівелювання впливу негативних чинників розвитку регіонального ринку юридичних послуг. Запропоновані комплексні заходи для формування регіональної концепції якості юридичних послуг; упровадження в програму підготовки сучасного юриста спеціальних навчальних курсів у сфері маркетингу, менеджменту, зв'язків із громадськістю; розвитку клієнтоорієнтованих технологій сервісного обслуговування, розробки регіональної програми збереження молодих юридичних кадрів.

Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of his (...) time, a republic devoted to human rights. He extends the concept by adding to it the right of nations and cosmopolitan law. Finally, Kant democratizes Plato's notion of philosopher kings with a concept of 'kingly people'. This book examines all aspects of this important, but neglected, body of Kant's writings. (shrink)

This chapter analyses role, usefulness and challenges of invoking “irrelevance” as a deciding factor in an account of what discrimination is, or with what is wrong with it.

During the last ten years complexity research has received a large amount of attention by both the scientific community and the general public. One of the greatest draws of complexity as a field of research is the possibility of recognizing it in virtually every branch of science and he social sciences. However, despite the labelling of an increasingly large number of models and natural systems as ‘complex', the definition of the term has remained vague. In particular, attempts at such a (...) definition have failed to fully emancipate the notion of a complex system from those of a stochastically random and deterministically chaotic one. In this paper we will try to disentangle the definition of complexity from randomness and chaos. We will also examine the power of some existing entropy and complexity measures to distinguish a complex system from the other two. Our analysis indicates that the affinity of complexity to chaos has been overstated in the existing literature and that a careful distinction between phenomenological and dynamical complexity will be needed to achieve a successful definition. (shrink)

It is my contention here that Quentin Skinner’s conception of neo-roman liberty as it is articulated in Liberty Before Liberalism serves to establish two normative premises for human rights philosophy. Those premises are, first, that human rights should offer the strongest protection for those persons who are most vulnerable and liable to social and political discrimination and marginalisation. Second, the objects of human rights should be conceptualised in terms of open-ended goals of justice, predicated on a commitment to structural equality. (...) I will have reason to refer to a reflection that Skinner makes on utopianism and how the “classic liberal case” of liberty can be associated with a critique of utopianism in political theory. By utopianism Skinner means – with reference to William Paley – a political theory that incorporates into its concepts demands that cannot be met without a fundamental change of practice and which moves beyond what it is at present reasonable for most people to expect of life. On this understanding, Skinner points out, John Rawls’s A Theory of Justice is a utopian treatise: it does not adapt to whatever is politically feasible but sets a challenging standard of justice for political institutions. I would qualify this by saying that the challenging nature of Rawls’s theory of justice is connected to the fact that it is systemic rather than utopian. A fear of the charge of utopianism is one of the recurrent features of human rights philosophy as we know it today. This is manifest in an incongruous tendency to join a moral philosophy of the good life with a political theory of basic provisions and life at the subsistence level. I hope to show that there is a consistent neo-roman case to be made for a more politically challenging human rights philosophy. (shrink)

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There has been a shift (...) in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point. (shrink)

Despite their opposite emotional effects, humor and horror are highly similar phenomena. They both can be traced back to (the detection, resolution, and emotional elaboration of) incongruities, understood as semantic violations through unexpected combinations of oppositional information. However, theoretical and experimental comparisons between humor and resolvable incongruities that elicit other emotions than exhilaration have been lacking so far. To gain more insights into the linguistic differences between humor and horror and the cognitive real-time processing of both, a main concern of (...) this book is to discuss the transferability of linguistic humor theories to a systematic horror investigation and directly compare self-paced reading times (SPR), facial actions (FACS), and event-related brain potentials (ERP) of normed minimal quadruplets with frightening and humorous incongruities as well as (in)coherent stimuli. The results suggest that humor and horror share cognitive resources to detect and resolve incongruities. To better distinguish humor from neighboring phenomena, this book refines current humor theories by incorporating humor and horror in a cognitive incongruity processing model. (shrink)

This book provides an analysis of the construction, diagnosis (as chaotic) and evaluation of models in chaos theory. It contains a detailed look at the interaction of the different models used in chaos theory and analyses how these models influence the way chaos is defined. Furthermore, the book discusses the conditions for the occurrence of chaos and the detection of chaos in nature.

In this article Hobbes's view of the commonwealth, and of law and liberty within it, is discussed from the point of view of social ontology. The artificial character of the commonwealth and the constitutive function of the covenant is put in terms of the institutional world being constructed through collective intentionality, which is performative, self-referential, and collective, and which serves as truth-maker. Hobbes is used here to make the point that it is a mistake to argue, as for example Tuomela (...) has done, that the construction of institutions require a joint commitment: we-attitudes held in the we-mode. Instead, institutions on a `Hobbesian' model are constructed by we- attitudes held in the I-mode. This analysis is used in a discussion of law as an institution and law serving as a constraint on freedom. The constructive character of law means that the idea of law can serve as a constraint even in an area of life where in actual fact is unregulated. In order to assess whether liberty can be said to be infringed when that happens we need to go back to the notion of an external constraint, appreciating that what agents there are, what they can do and the powers they possess are functions of collective attitudes conveying meaning and status. (shrink)

Emotional AI is an emerging technology used to make probabilistic predictions about the emotional states of people using data sources, such as facial (micro)-movements, body language, vocal tone or the choice of words. The performance of such systems is heavily debated and so are the underlying scientific methods that serve as the basis for many such technologies. In this article I will engage with this new technology, and with the debates and literature that surround it. Working at the intersection of (...) criminology, policing, surveillance and the study of emotional AI this paper explores and offers a framework of understanding the various issues that these technologies present particularly to liberal democracies. I argue that these technologies should not be deployed within public spaces because there is only a very weak evidence-base as to their effectiveness in a policing and security context, and even more importantly represent a major intrusion to people’s private lives and also represent a worrying extension of policing power because of the possibility that intentions and attitudes may be inferred. Further to this, the danger in the use of such invasive surveillance for the purpose of policing and crime prevention in urban spaces is that it potentially leads to a highly regulated and control-oriented society. I argue that emotion recognition has severe impacts on the right to the city by not only undertaking surveillance of existing situations but also making inferences and probabilistic predictions about future events as well as emotions and intentions. (shrink)

L'article propose une analyse comparative des positions de Popper et de Kuhn sur quatre points liés : la comparaison des « cadres théoriques » ou des « paradigmes scientifiques » ; le pouvoir contraignant que sont susceptibles d'avoir les arguments invoqués dans les discussions critiques ; les éléments qui, en fin de compte, pèsent ou doivent peser sur les praticiens lorsqu'il s'agit d'élire un cadre théorique au détriment d'un autre ; et enfin, la conception qu'ont chacun des deux auteurs de (...) ce que Kuhn a nommé la « science normale ». On commence par discuter en détails les comptes-rendus dans lesquels Popper explique pourquoi les choix scientifiques de Galilée et de Kepler sont conformes à la méthodologie falsificationniste. On montre de là, premièrement, qu'à suivre à la lettre ces comptes-rendus, il faut conclure que les données expérimentales non problématiques – les énoncés de base unanimement acceptés – ne suffisent pas à elles seules à imposer en droit la falsification empirique (puisque sur la base des mêmes mesures de Tycho Brahé, Kepler a eu raison d'admettre que l'hypothèse des orbites circulaires était empiriquement réfutée, tandis que Galilée a eu raison d'admettre le contraire). On montre alors, deuxièmement, qu'au-delà des différences importantes entre Popper et Kuhn au niveau des lexiques et de l'idéal de scientificité, la méthodologie poppérienne, bien qu'elle se revendique « logique », ne donne concrètement pas plus que la conception kuhnienne pourtant si souvent stigmatisée comme « sociologique », lorsqu'il s'agit d'indiquer ce qu'un bon scientifique devrait faire, que ce soit en période « révolutionnaire » ou en période de « science normale ». (shrink)

John Bell showed that a big class of local hidden-variable models stands in conflict with quantum mechanics and experiment. Recently, there were suggestions that empirically adequate hidden-variable models might exist which presuppose a weaker notion of local causality. We will show that a Bell-type inequality can be derived also from these weaker assumptions.

The biofuel boom is placing enormous demands on existing cropping systems, with the most crucial consequences in the agri-food sector. The biofuel industry is responding by initiating private governance and certification. The Roundtable on Sustainable Palm Oil (RSPO) and the Cramer Commission, among others, have formulated criteria on “sustainable” biofuel production and processing. This article explores the legitimacy of private governance and certification by the biofuel industry, highlighting opportunities and challenges. It argues that the concept of output based legitimacy is (...) problematic in the case of biofuel as long as no consensus or commonly agreed “best” solution has been established on what sustainable biofuel production is. Furthermore, it shows that the private governance initiatives analyzed fail to adequately include actors from developing countries. Finally, the article argues that we need mechanisms for control and accountability in order to guarantee that the political output of biofuel certification serves the common welfare. (shrink)

Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and (...) state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected. (shrink)