Inspired by the work of Richard Abel, the authors conduct a N=1 study into the career path and disciplinary records of a Dutch immigration advocate. Their aim is to offer explanations as to why some lawyers seem so impervious to discipline. The authors analyse the case from three different angles: (1) characteristics of the disciplinary system (2) the social network of the advocate in question, including his professional network, and (3) the advocate?s personality. According to the authors, the key to (...) explaining non-compliance with ethical rules lies in the interaction between these three perspectives. In the case of the immigration lawyer a lack of professional socialization and the fact that he operated on his own, without substantial feedback or criticism from his social network were important explanatory factors. The article also offers a detailed insight into the effects of an accelerated disciplinary proceeding in which a local bar president ex officio assumes a new role. (shrink)

BackgroundThis article is part of a study to gain insight into the decision-making process by looking at the views of the relatives of potential brain dead donors. Alongside a literature review, focus interviews were held with healthcare professionals about their role in the request and decision-making process when post-mortal donation is at stake. This article describes the perspectives of the relatives.MethodsA content-analysis of 22 semi-structured in-depth interviews with relatives involved in an organ donation decision.ResultsThree themes were identified: ‘conditions’, ‘ethical considerations’ (...) and ‘look back’. Conditions were: ‘sense of urgency’, ‘incompetence to decide’ and ‘agreement between relatives’. Ethical considerations result in a dilemma for non-donor families: aiding people or protecting the deceased’s body, especially when they do not know his/her preference. Donor families respect the deceased’s last will, generally confirmed in the National Donor Register. Looking back, the majority of non-donor families resolved their dilemma by justifying their decision with external arguments. Some non-donor families would like to be supported during decision-making.DiscussionThe discrepancy between general willingness to donate and the actual refusal of a donation request can be explained by multiple factors, with a cumulative effect. Firstly, half of the participants stated that they felt that they were not competent to decide in such a crisis and they seem to struggle with utilitarian considerations against their wish to protect the body. Secondly, non-donor families refused telling that they did not know the deceased’s wishes or contesting posthumous autonomy of the eligible. Thirdly, the findings emphasise the importance of Donor Registration, because it seems to prevent dilemmas in decision-making, at least for donor families.ConclusionDiscrepancies between willingness to consent to donate and refusal at the bedside can be attributed to an unresolved dilemma: aiding people or protect the body of the deceased. Non-donor families felt incompetent to decide. They refused consent for donation, since their deceased had not given any directive. When ethical considerations do not lead to an unambiguous answer, situational factors were pivotal. Relatives of unregistered eligible donors are more prone to unstable decisions. To overcome ambivalence, coaching during decision-making is worth investigation. (shrink)

In the Netherlands, consent from relatives is obligatory for post mortal donation. This study explored the perspectives of relatives regarding the request for consent for donation in cases without donor registration. A content analysis of narratives of 24 bereaved relatives of unregistered, eligible, brain-dead donors was performed. Relatives of unregistered, brain-dead patients usually refuse consent for donation, even if they harbour pro-donation attitudes themselves, or knew that the deceased favoured organ donation. Half of those who refused consent for donation mentioned (...) afterwards that it could have been an option. The decision not to consent to donation is attributed to contextual factors, such as feeling overwhelmed by the notification of death immediately followed by the request; not being accustomed to speaking about death; inadequate support from other relatives or healthcare professionals, and lengthy procedures. Healthcare professionals could provide better support to relatives prior to donation requests, address their informational needs and adapt their message to individual circumstances. It is anticipated that the number of consenting families could be enlarged by examining the experience of decoupling and offering the possibility of consent for donation after circulatory death if families refuse consent for donation after brain-death. (shrink)

Millions of human biological samples are stored worldwide for medical research or treatment purposes. These biospecimens are of enormous potential value to law enforcement as DNA profiles can be obtained from these samples. However, forensic use of such biospecimens raises a number of ethical questions. This article aims to explore ethical issues of using human bodily material in medical biobanks for crime investigation and prosecution purposes. Concerns about confidentiality, trust, autonomy and justice will be discussed. We explore how to balance (...) these concerns against the importance of crime solving. Relevant case examples of forensic use of medical biobanks show that requests by law enforcement to access biobanks are handled in disparate ways. We identify some core ethical issues and conclude that further research on these issues is needed to provide ethical guidance. (shrink)

ABSTRACT In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This ‘empirical turn’ is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral (...) experiences of people in a practice. Although inclusion of these moral experiences in this specific model of RE can be well defended, their use in the application of the model still raises important questions. What precisely are moral experiences? How to determine relevance of experiences, in other words: should there be a selection of the moral experiences that are eventually used in the RE? How much weight should the empirical data have in the RE? And the key question: can the use of RE by empirical ethicists really produce answers to practical moral questions? In this paper we start to answer the above questions by giving examples taken from our research project on understanding the norm of informed consent in the field of pediatric oncology. We especially emphasize that incorporation of empirical data in a network model can reduce the risk of self‐justification and bias and can increase the credibility of the RE reached. (shrink)

Over 30 million people worldwide have taken a commercial at-home DNA test, because they were interested in their genetic ancestry, disease predisposition or inherited traits. Yet, these consumer DNA data are also increasingly used for a very different purpose: to identify suspects in criminal investigations. By matching a suspect’s DNA with DNA from a suspect’s distant relatives who have taken a commercial at-home DNA test, law enforcement can zero in on a perpetrator. Such forensic use of consumer DNA data has (...) been performed in over 200 criminal investigations. However, this practice of so-called investigative genetic genealogy raises ethical concerns. In this paper, we aim to broaden the bioethical analysis on IGG by showing the limitations of an individual-based model. We discuss two concerns central in the debate: privacy and informed consent. However, we argue that IGG raises pressing ethical concerns that extend beyond these individual-focused issues. The very nature of the genetic information entails that relatives may also be affected by the individual customer’s choices. In this respect, we explore to what extent the ethical approach in the biomedical genetic context on consent and consequences for relatives can be helpful for the debate on IGG. We argue that an individual-based model has significant limitations in an IGG context. The ethical debate is further complicated by the international, transgenerational and commercial nature of IGG. We conclude that IGG should not only be approached as an individual but also—and perhaps primarily—as a collective issue. There are no data in this work. (shrink)

De relevantie van Beccaria voor het Nederlandse strafrecht: het beïnvloedingsprincipe Aan de hand van dit artikel wordt onderzocht in hoeverre Beccaria’s ideeën nog steeds relevant zijn voor het Nederlandse strafrecht. Een essentieel punt in zijn filosofie is gedragsbeïnvloeding. Beccaria hecht veel waarde aan het codificeren en kenbaar maken van (duidelijk opgestelde) wetten. Hierdoor weten burgers welke gedragingen strafbaar zijn gesteld en worden – zo is de veronderstelling van hem – door die strafrechtelijke kennis beïnvloed strafbaar gedrag achterwege te laten. Daarnaast (...) moet volgens Beccaria het opleggen van een straf als doel hebben het gedrag te beïnvloeden, niet alleen zodat de dader opnieuw de fout ingaat (speciale preventie), maar ook dat anderen worden beïnvloed het gedrag achterwege te laten (generale preventie). In dit artikel wordt dit gedragsbeïnvloedingsidee het ‘beïnvloedingsprincipe’ genoemd en biedt een nieuw perspectief op de filosofie van Beccaria. Ook wordt met behulp van dit principe een analyse gemaakt van (de functie van) het hedendaagse legaliteitsbeginsel en de wijze waarop er wordt gestraft. Uit deze analyse zal blijken dat het beïnvloedingsprincipe nog steeds relevant is voor hedendaagse discussies. (shrink)

In recent years the cognitive science community has witnessed the rise of a new, dynamical approach to cognition. This approach entails a framework in which cognition and behavior are taken to result from complex dynamical interactions between brain, body, and environment. The advent of the dynamical approach is grounded in a dissatisfaction with the classical computational view of cognition. A particularly strong claim has been that cognitive systems do not rely on internal representations and computations. Focusing on this claim, we (...) take as a starting point a question recently raised by Cliff and Noble: " if evolution did produce a design that used internal representations, how would we recognize it?" (Knowledge-based vision and simple visual machines, Philosophical Transactions of the Royal Society: Biological Sciences, 352 , 1165-1175, 1997). We will argue that cognitive science lacks a proper operationalization of the notion of representation, and therefore is unable to fruitfully discuss whether a particular system has representations or not. A basic method to detect representations in a physical system, grounded in isomorphism, turns out to be quite unconstrained. We will look at a practical example of this problem by examining the debate on whether or not van Gelder's (What might cognition be, if not computation? Journal of Philosophy, 92 , 345-381, 1995) controversial example of the Watt Governor is representational. We will conclude that cognitive science, as of yet, has no empirically applicable means to answer Cliff and Noble's question unequivocally. This makes the recent representationalism vs. anti-representationalism debate a debate for the sake of appearance. (shrink)

The article sets out a framework for analysing the way discourses construct legitimation for social practices in public communication as well as in everyday interaction. Four key categories of legitimation are distinguished: 1) ‘authorization’, legitimation by reference to the authority of tradition, custom and law, and of persons in whom institutional authority is vested; 2) ‘moral evaluation’, legitimation by reference to discourses of value; 3) rationalization, legitimation by reference to the goals and uses of institutionalized social action, and to the (...) social knowledges that endow them with cognitive validity; and 4) mythopoesis, legitimation conveyed through narratives whose outcomes reward legitimate actions and punish non-legitimate actions. Examples are drawn from texts legitimating or de-legitimating compulsory education, including children’s books, brochures for parents, teacher training texts, and media texts. (shrink)

De Cruz and Levy, in their commentaries on Religion as make‐believe, present distinct questions that can be addressed by clarifying one core idea. De Cruz asks whether one can rationally assess the mental state of religious credence that I theorize. Levy asks why we should not explain the data on religious “belief” merely by positing factual beliefs with religious contents, which happen to be rationally acquired through testimony. To both, I say that having religious credences is p‐irrational: a purposeful departure (...) from rational thought and behavior, where the purpose in question is maintaining a group identity. (shrink)

The recent claiming of Simone de Beauvoir's legacy by French feminists for a policy of assimilation of Muslim women to Western models of self and society reduces the complexity and richness of Beauvoir's views in inacceptable ways. This article explores to what extent a politics of difference that challenges the ideals and political strategies of abstract liberalism can be extracted from and legitimized by the philosophies of Simone de Beauvoir and Jean-Paul Sartre. Without assuming their thought is identical, we can (...) read them as elucidating each other and as implicitly exposing weak and strong points in their respective philosophies on ethnocultural relations and social identities. (shrink)

Perceptual experience can be explained by contextualized brain dynamics. An inner loop of ongoing activity within the brain produces dynamic patterns of synchronization and de- synchronization that are necessary, but not sufficient, for visual experience. This inner loop is controlled by evolution, development, socialization, learning, task and perception- action contingencies, which constitute an outer loop. This outer loop is sufficient, but not necessary, for visual experience. Jointly, the inner and outer loop may offer sufficient and necessary conditions for the emergence (...) of visual experience. This hypothesis has methodological, empirical, theoretical, and philosophical implications. (shrink)

De burgemeester van Etterbeek liet tijdens de afgelopen periode van vrieskou daklozen van straat halen. Soms tegen hun wil in. Omdat het soms nodig is om mensen tegen zichzelf te beschermen.

Research suggests that sedentary behavior is negatively associated with cognitive outcomes. Interrupting prolonged sitting has been shown to improve cognitive functions, including executive functioning, which is important for academic performance. No research has been conducted on the effect of standing on EF in VET students, who make up a large proportion of the adolescent population and who are known to sit more than other students of this age. In this study, we investigated the acute effects of reducing SB by short (...) time standing on EF in vocational education and training students. In a randomized crossover study, 165 VET students were first taught for 15 min in seated position. After this, they performed while seated the Letter Memory Test for updating, and the Color Shape Test for shifting and inhibition. Students were randomly assigned to a sitting or standing condition. All students were taught again for 15 min and then took the same tests in the condition they were allocated to, respectively, standing or seated. After 1 week, the test procedure was repeated, in which students switched conditions. Mixed model analyses showed no significant effect of sitting or standing on updating, shifting, or inhibition. Also, no significant differences were found for the order of condition on updating, shifting, or inhibition. Our results suggest that 40 min of standing does not significantly influence EF among VET students. (shrink)

This article defends the ethical importance and contemporary relevance of Beauvoir’s 1945 play, Useless Mouths. While the core of Beauvoir’s moral philosophy is already present in this play, she develops it not as a universal maxim but in terms of a historically grounded struggle against exploitation. A Marxist-feminist reading of Beauvoir’s play reveals the moral problem immanent to capitalist modernity: despite the ideals of liberal morality, human life is ontologically worthless.

Animating Luce Irigaray’s oeuvre are two indissociable projects: the disruption of Western metaphysics and the thinking of sexual difference. The intersection of these two projects implies that any attempt to think through the meaning and significance of Irigaray’s notoriously fraught invocation of sexual difference must take seriously the way in which this invocation is itself always already inflected by her disruptive gesture. In this paper, I will attempt to elucidate one moment of this intersection by focusing on her critical engagement (...) with Heidegger. In L’oubli de l’air , Irigaray criticizes Heidegger’s interpretation of the principle of identity as instantiating the same neglect of sexual difference that has been inscribed throughout the history of Western metaphysics. Moreover, Irigaray identifies the vestigial traces of this metaphysical legacy in Heidegger’s commitments to phenomenology. My claim, however, is that if we turn to Derrida’s second Geschlecht essay in order to mediate between Irigaray and Heidegger, the coimplicative nature of their projects comes into focus: on one hand, Derrida identifies within Heidegger’s work an incipient articulation of the very notion of sexuate difference that, on Irigaray’s reading, Heidegger’s work requires but nonetheless elides; on the other hand, Derrida’s rereading of Heidegger’s phenomenological commitments corroborates the philosophical significance of Irigaray’s intervention by recontextualizing the parameters that delimit her invocation of sexuate difference. (shrink)

Als Plato de hedendaagse academie zou aanschouwen, zou hij niet alleen stomverbaasd zijn over de massificatie en de byzantijnse bureaucratie, maar gezien het ethische doel van de universiteit zou hij ook reden hebben om bezorgd te zijn.

_ Source: _Volume 35, Issue 1, pp 158 - 167 This paper deals with the influence of De veritate on Van Limborch’s Amica collatio cum erudito Judaeo, which is often considered as an early example of interfaith dialogue in a tolerant atmosphere. The first section introduces the Remonstrant theologian Van Limborch, with special attention to his relation to Grotius. The second section focuses on the Collatio. Van Limborch’s discussion partner Orobio de Castro is introduced. The way in which the dialogue (...) develops is sketched: it starts in a reasonable mode, but towards the end Van Limborch’s tone can hardly be called ‘friendly’ anymore. He cannot accept that a reasonable man does not see the superiority of Jesus, and tries to convert his discussion partner. The third section summarizes the influence of Grotius on the Collatio. Van Limborch learned from him not to argue about dogmatic constructions, but to start from the Bible and its unquestionable revelations. He follows the logic of De veritate, Book II and III, arguing that the truth about Jesus can only be proven from the New Testament, which contains reliable testimonies to him and his miracles. He follows the tenor of Book v as well, arguing that the Jews should look upon the miracles of Jesus as sufficiently attested and greater than those of Moses, and therefore should convert themselves. On closer analysis the Collatio can hardly be considered as an example of interfaith tolerance, neither can Grotius’ De veritate. (shrink)

Although sexual difference is widely regarded as the concept that lies at the center of Luce Irigaray's thought, its meaning and significance is highly contested. This dissensus, however, attests to more than merely the existence of a recalcitrant conceptual ambiguity. That is, Irigaray's discussion of sexual difference remains fraught not because she leaves this concept undefined but because the centrality of sexual difference in fact marks a complex and unstable nexus of phenomena that shift throughout her work. Consequently, if Irigaray (...) is indeed the preeminent thinker of sexual difference, this is not in virtue of her recurrent appeal to a monolithic, readily digestible concept but rather somehow despite the absence of precisely this gesture. In this paper, I will attempt to elucidate the peculiar preeminence of sexual difference in Irigaray's work by identifying her persistent, though largely unexamined, commitment to transcendental phenomenology. Indeed, I attempt to show that the complex of phenomena of sexual difference emerges in L'oubli de l'air and The Way of Love as a modulation of Heidegger's own revision of transcendental phenomenology. In this sense, the peculiar preeminence of sexual difference does not mark the centrality of a concept but Irigaray's amplification of this Heideggerian gesture. (shrink)

In their open peer commentary: “Making It Count: Extracting Real World Data from Compassionate Use and Expanded Access Programs”, Rozenberg and Greenbaum discuss impo...

This study investigated Belgian and Dutch parental opinions on confidentiality and consent regarding medical decisions about adolescents. Through an online survey, we presented six cases (three on confidentiality, and three on consent) to 1,382 Belgian and Dutch parents. We studied patterns in parental confidentiality and consent preferences across and between cases through binomial logistic regressions and latent class analysis. Participants often grant the right to consent for a treatment to the adolescent, but the majority diverges from the adolescent’s preferences regarding (...) confidentiality. More educated participants would rather not be informed about cases regarding a sexually transmitted disease or depression than lower educated participants. Further analysis shows that participants’ preferences correspond to authoritative (47%), permissive (30%) and authoritarian (17%) parenting styles. Belgian and Dutch parents are willing to grant some degree of autonomy, but they want to be informed about specific health issues. Parental views on confidentiality and granting consent appear to mirror existing parenting styles. (shrink)

Pediatric oncology has a strong research culture. Most pediatric oncologists are investigators, involved in clinical care as well as research. As a result, a remarkable proportion of children with cancer enrolls in a trial during treatment. This paper discusses the ethical consequences of the unprecedented integration of research and care in pediatric oncology from the perspective of parents and physicians. An empirical ethical approach, combining (1) a narrative review of (primarily) qualitative studies on parents' and physicians' experiences of the pediatric (...) oncology research practice, and (2) comparison of these experiences with existing theoretical ethical concepts about (pediatric) research. The use of empirical evidence enriches these concepts by taking into account the peculiarities that ethical challenges pose in practice. Analysis of the 22 studies reviewed revealed that the integration of research and care has consequences for the informed consent process, the promotion of the child's best interests, and the role of the physician (doctor vs. scientist). True consent to research is difficult to achieve due to the complexity of research protocols, emotional stress and parents' dependency on their child's physician. Parents' role is to promote their child's best interests, also when they are asked to consider enrolling their child in a trial. Parents are almost never in equipoise on trial participation, which leaves them with the agonizing situation of wanting to do what is best for their child, while being fearful of making the wrong decision. Furthermore, a therapeutic misconception endangers correct assessment of participation, making parents inaccurately attribute therapeutic intent to research procedures. Physicians prefer the perspective of a therapist over a researcher. Consequently they may truly believe that in the research setting they promote the child's best interests, which maintains the existence of a therapeutic misconception between them and parents. Due to the integration of research and care, their different ethical perspectives become intertwined in the daily practice of pediatric oncology. Increasing awareness of what this means for the communication between parents and physicians is essential. Future research should focus on efforts that overcome the problems that the synchronicity of research and care evokes. (shrink)

We investigate bisimulations for instantial neighbourhood logic and an \-indexed collection of its fragments. For each of these logics we give a Hennessy-Milner theorem and a Van Benthem-style characterisation theorem.