Discussion about a dignified death has almost exclusively been applied to palliative care and people dying of cancer. As populations are getting older in the western world and living with chronic illnesses affecting their everyday lives, it is relevant to broaden the definition of palliative care to include other groups of people. The aim of the study was to explore the views on dignity at the end of life of 12 elderly people living in two nursing homes in Sweden. A (...) hermeneutic approach was used to interpret the material, which was gathered during semi-structured interviews. A total of 39 interviews were transcribed. The analysis revealed three themes: (1) the unrecognizable body; (2) fragility and dependency; and (3) inner strength and a sense of coherence. (shrink)

The aim of this study was to synthesize the concepts from empirical studies and analyze, compare and interrelate them with normative ethics. The International Council of Nurses (ICN) and the Health and Medical Service Act are normative ethics. Five concepts were used in the analysis; three from the grounded theory studies and two from the theoretical framework on normative ethics. A simultaneous concept analysis resulted in five outcomes: interconnectedness, interdependence, corroboratedness, completeness and good care are all related to the empirical (...) perspective of the nurse’s interaction with the older patient, and the normative perspective, i.e. that found in ICN code and SFS law. Empirical ethics and normative ethics are intertwined according to the findings of this study. Normative ethics influence the nurse’s practical performance and could be supporting documents for nurses as professionals. (shrink)

The value of diaconia is difficult to measure, its immaterial assets not easily grasped. In this article, I contribute to the area in analysing the perspective of 22 deacons on what is most important in their job and what could potentially be of greatest value if there were no restrictions of money and other resources. Data were collected in the midst of the Corona crisis in 2021 in the Porvoo diocese in the Evangelical Lutheran Church of Finland. The timing of (...) data collection therefore coincides with a unique chance to rethink ways of doing things. International research shows that the religious heritage of diaconia has changed from merely supporting people in need to also advocating marginalized groups and building bridges to other actors. This intangible heritage is sensitive to changes in society, whereby latent sources of value creation may be traced. Key contributions are identifying new areas of development of this religious heritage and assessing the value creation taking place – now and in a potential future. For this, understanding the changed role of diaconia in society and in the church are central. (shrink)

This article provides a deeper understanding of how meaning can be created in everyday life at a nursing home. It is based on a primary study concerning dignity involving 12 older people living in two nursing homes in Sweden. A secondary analysis was carried out on data obtained from three of the primary participants interviewed over a period of time (18—24 months), with a total of 12 interviews carried out using an inductive hermeneutic approach. The study reveals that sources of (...) meaning were created by having a sense of: physical capability, cognitive capability, being needed, and belonging. Meaning was created through inner dialogue, communication and relationships with others. A second finding is that the experience of meaning can sometimes be hard to realize. (shrink)

Caring science that has a foundation in ‘lived experience’ may be viewed as a ‘patient science’, in other words nursing has its starting point in the patient’s perspective. To support in learning caring science, the learning situation has to embrace the students’ lived experience in relation to the substance of caring science. One of the challenges in education involves making theoretical meanings vivid in the absence of actual patients. Written patient narratives and fiction like novels in combination with scientific literature (...) are often used in order to obtain lived experiences as the foundation for teaching. Questions concerning how film can be used in this context to support the learning of caring science have recently emerged. The aim of this study is to describe how film as learning-support may boost reflection when learning caring science. The data was collected through audio-taped seminars, written reflections and group-interviews with students on basic, advanced, and doctoral levels. The analysis is based on the Reflective Lifeworld Research (RLR) approach which is founded in phenomenology. The results show how film as a learning-support enhances the understanding of the caring science theory, and provides a deeper understanding of the subject. Film can be very touching and provides support for the students’ embodied reflections. Hence, it is important that the students are encouraged to watch films from a caring science perspective. This requires a structure for learning-support related to the film, such as having a focus and purpose for watching the film, as well as support for follow-ups. The film itself does not create such support and guidance; instead, it must be combined with well-considered pedagogic thoughts on what learning is and how learning can be supported. The results are highlighted with the help of Maurice Merleau-Ponty’s philosophy of ‘the lived body’, and ‘the flesh of the world’. Indo-Pacific Journal of Phenomenology , Volume 12, Special Edition July 2012. (shrink)

While the past decade has witnessed a proliferation of work in the intersection between phenomenology and empirical studies of cognition, the multitude of possible methodological connections between the two remains largely uncharted. In line with recent developments in enactivist ethnography, this article contributes to the methodological multitude by proposing an integration between phenomenological interviews and cognitive video ethnography. Starting from Schütz’s notion of the _taken-for-granted_ (_das Fraglos-gegeben_), the article investigates a complex work environment through phenomenological interviews and Cognitive Event Analysis, (...) drawing on distributed cognition and embodied cognitive science. The methodological integration is illustrated through the study of an adverse event in a highly specialised medical ward. Starting from a nurse’s task of administering medicine to a patient, the analysis tracks how a distributed cognitive system in the ward handles an adverse event where a pill becomes contaminated. The analysis demonstrates how complex decision-making processes depend on agents’ micro-scale embodied coordination, on their engagement with the material environment, and their anticipation of other agents’ intentions. It is concluded that ethnography can accommodate both cognitive and phenomenological research aims, while also contributing to the important mission of understanding successful responses to adverse events in healthcare. The article further contributes to patient safety studies by demonstrating how safe medicine administration itself can lead to increased risk, hereby pointing to a problem of incompatible safety logics as a source of medication errors in healthcare. (shrink)

Background: The importance of trust between patients and healthcare personnel is emphasised in nurses’ and physicians’ ethical codes. Trust is crucial for an effective healthcare personnel–patient relationship and thus for treatment and treatment outcomes. Cultural and linguistic differences may make building a trusting and positive relationship with ethnic minority patients particularly challenging. Although there is a great deal of research on cultural competence, there is a conspicuous lack of focus on the concepts of trust and distrust concerning ethnic minority patients, (...) particularly in relation to the concept of ‘othering’. Aim: To study which factors help build trust or create distrust in encounters between healthcare professionals and hospitalised ethnic minority patients, as well as study the dynamic complexities inherent within the process of ‘othering’. Research design: Qualitative design, in-depth interviews and hermeneutic analysis. Participants and research context: The interviewees were 10 immigrant patients (six women and four men – eight Asians, two Africans – ages 32–85 years) recruited from a south-eastern Norwegian hospital. Ethical considerations: Study approval was obtained from the hospital’s Privacy Ombudsman for Research and the hospital’s leadership. Participation was voluntary and participants signed an informed consent form. Conclusion: Distrust and othering may be caused by differences in belief systems, values, perceptions, expectations, and style of expression and behaviour. Othering is a reciprocal phenomenon in minority ethnic patient–healthcare personnel encounters, and it influences trust building negatively. Besides demonstrating general professional skill and competence, healthcare personnel require cultural competence to create trust. (shrink)

Engaging civil society actors as knowledgeable dialogue partners in the development and governance of emerging technologies is a new challenge. The starting point of this paper is the observation that the design and orchestration of current organized interaction events shows limitations, particularly in the articulation of issues and in learning how to address the indeterminacies that go with emerging technologies. This paper uses Dewey’s notion of ‘publics’ and ‘reflective inquiry’ to outline ways of doing better and to develop requirements for (...) a more productive involvement of civil society actors. By studying four novel spaces for interaction in the domain of nanotechnology, this paper examines whether and how elements of Dewey’s thought are visible and under what conditions. One of the main findings is that, in our society, special efforts are needed in order for technology developers and civil society actors to engage in a joint inquiry on emerging nanotechnology. Third persons, like social scientists and philosophers, play a role in this respect in addition to external input such as empirically informed scenarios and somewhat protected spaces. (shrink)

ABSTRACTPrevious work has shown that a stooped posture may activate negative mood. Extending this work, the present experiments examine how stooped body posture influences recovery from pre-existing negative mood. In Experiment 1, participants were randomly assigned to receive either a negative or neutral mood induction, after which participants were instructed to take either a stooped, straight, or control posture while writing down their thoughts. Stooped posture led to less mood recovery in the negative mood condition, and more negative mood in (...) the neutral mood condition. Furthermore, stooped posture led to more negative thoughts overall compared to straight or control postures. In Experiment 2, all participants underwent a negative mood induction, after which half received cognitive reappraisal instructions and half received no instructions. Mood-congruent cognitions were assessed through autobiographical memory recall. Again, stooped position led to less mood recovery. Notably, this was independent of regulation instruction. These findings demonstrate for the first time that posture plays an important role in recovering from negative mood. (shrink)

In this comment-response Mikael Lindfelt makes some suggestions to how one could develop the argument for witnessing as experiencing meaningfulness in life as put forward by Nicole Note and Emilie Van Deale. While being positive to the main phenomenological approach, and especially the dialectical relational aspect of the phenomenological argument, Lindfelt uses Alain Badiou’s talk of Event in trying both to develop the phenomenological argument and to point out some idealistic tendencies in the line of the argument. (...) class='Hi'>Lindfelt suggests that the aspect of uniqueness in the relational experience of the other should be taken to more radically than suggested by Note and Van Deale. By pointing out the dialectical fragility of the Event of witnessing Lindfelt is arguing for that the concept of respect could be more utilized in arguing for the experience of meaning seen as a gift. (shrink)

A survey of the historical development of the idea of race, this anthology offers pre-twentieth century theories about the concept of race, classic twentieth century sources reiterating and contesting ideas of race as scientific, and several philosophically relevant essays that discuss the issues presented. A general Introduction gives an overview of the readings. Headnotes introduce each selection. Includes suggested further readings.

An influential strand of neo-Aristotelianism, represented by writers such as Philippa Foot, holds that moral virtue is a form of natural goodness in human beings, analogous to deep roots in oak trees or keen vision in hawks. Critics, however, have argued that such a view cannot get off the ground, because the neo-Aristotelian account of natural normativity is untenable in light of a Darwinian account of living things. This criticism has been developed most fully by William Fitzpatrick in his book (...) Teleology and the Norms of Nature . In this paper, I defend the neo-Aristotelian account of natural normativity, focusing on Fitzpatrick's arguments. I argue that a natural goodness view is not impugned by an evolutionary account. Nor can neo-Aristotelian life form judgments be replaced by an evolutionary view of living things. (shrink)

The essays are grouped in three sections. In Part I Vogel considers the relationship between feminism and socialism.

Cancer screening programmes cause harm to individuals via overdiagnosis and overtreatment, even where they confer population-level benefit. Screening thus appears to violate the principle of non-maleficence, since it entails medically unnecessary harm to individuals. Can consent to screening programmes negate the moral significance of this harm? In therapeutic medical contexts, consent is used as a means of rendering medical harm morally permissible. However, in this paper, I argue that it is unclear that the model of consent used within therapeutic medicine (...) can be applied unproblematically to preventive medicine. Invitation to screening changes the pragmatic norms and expectations of the patient–doctor encounter such that two key principles of consent may be violated. First, the pragmatics of a medical invitation are such that patients may fail to be adequately informed, since patients appear to assume medical invitations are made with their best interests in mind, even where information to the contrary is outlined. Second, screening invitations may place pressure on patients; in the context of a medical encounter, to make an invitation to screening may constitute an inducement to accept. In order to be sure that a patient’s consent to a screening invitation is valid, we must make clear to patients that their decision to accept screening may be shaped not only by how information about screening is presented, but by the pragmatic form of the invitation itself. (shrink)

AbstractBackgroundEthical challenges constitute an inseparable part of daily decision-making processes in all areas of healthcare. In prehospital emergency medicine, decision-making commonly takes place in everyday life, under time pressure, with limited information about a patient and with few possibilities of consultation with colleagues. This paper explores the ethical challenges experienced by prehospital emergency personnel. MethodsThe study was grounded in the tradition of action research related to interventions in health care. Ethical challenges were explored in three focus groups, each attended by (...) emergency medical technicians, paramedics, and prehospital anaesthesiologists. The participants, 15 in total, were recruited through an internal information network of the emergency services. Focus groups were audio-recorded and transcribed verbatim.ResultsThe participants described ethical challenges arising when clinical guidelines, legal requirements, and clinicians’ professional and personal value systems conflicted and complicated decision-making processes. The challenges centred around treatment at the end of life, intoxicated and non-compliant patients, children as patients—and their guardians, and the collaboration with relatives in various capacities. Other challenges concerned guarding the safety of oneself, colleagues and bystanders, prioritising scarce resources, and staying loyal to colleagues with different value systems. Finally, challenges arose when summoned to situations where other professionals had failed to make a decision or take action when attending to patients whose legitimate needs were not met by the appropriate medical or social services, and when working alongside representatives of authorities with different roles, responsibilities and tasks.ConclusionFrom the perspective of the prehospital emergency personnel, ethical challenges arise in three interrelated contexts: when caring for patients, in the prehospital emergency unit, and during external collaboration. Value conflicts may be identified within these contexts as well as across them. A proposed model of analysis integrating the above contexts can assist in shedding light on ethical challenges and value conflicts in other health care settings. The model emphasises that ethical challenges are experienced from a particular professional perspective, in the context of the task at hand, and in a particular, the organisational setting that includes work schedules, medical guidelines, legal requirements, as well as professional and personal value systems. (shrink)

This essay defends Aristotelian naturalism against the objection that it is naïvely optimistic, and contrary to empirical research, to suppose that virtues like justice are naturally good while vices like injustice are naturally defective. This objection depends upon the mistaken belief that our knowledge of human goodness in action and choice must come from the natural sciences. In fact, our knowledge of goodness in human action and character depends upon a practical understanding that is possessed by someone not qua scientist (...) but qua practically wise person. I spell out some key features of this knowledge of human form, including its relation to practical reasons and its similarity to the “know-how” of crafts-persons. My account of virtue as knowledge of human form sheds light on the Aristotelian thesis that humans live according to an understanding of their own form. My account also clarifies the kinship and the divergence between Aristotelian and Kantian ethics. (shrink)

The policies of the European Union concerning the development of biofuels can be termed a lock-in. Biofuels were initially hailed as a green, sustainability technology. However evidence to the contrary quickly emerged. The European Commission proposed to alter its policies to accommodate for these effects but met with fierce resistance from a considerable number of member states who have an economic interest in these first generation biofuels. In this paper I argue that such a lock-in might have been avoided if (...) an experimental approach to governance had been adopted. Existing approaches such as anticipation and niche management either do not reduce uncertainty sufficiently or fail to explicitly address conflicts between values motivating political and economic support for new technologies. In this paper, I suggest to apply an experimental framework to the development of sustainable biobased technologies. Such an approach builds on insights from adaptive management and transition management in that it has the stimulation of learning effects at its core. I argue that these learning effects should occur on the actual impacts of new technologies, on the institutionalisation of new technologies and most specifically on the norms and values that underly policies supporting new technologies. This approach can be relevant for other emerging technologies. (shrink)

This paper considers the following claim: In order to live well, your first concern must be with yourself. I show how the truth in this claim can be captured by a eudaimonist framework. I distinguish two sorts of self-concern: self-care and self-responsibility. I examine each of these notions. I also consider different senses in which either sort of self-concern might be one’s first concern. I identify the place of each of these ideas in a properly developed eudaimonism. As part of (...) my discussion, I respond to the egoism challenge to eudaimonism, and I outline a thoroughly non-egoistic form of eudaimonism. (shrink)

Genetic engineering techniques (e.g., CRISPR-Cas) have led to an increase in biotechnological developments, possibly leading to uncertain risks. The European Union aims to anticipate these by embedding the Precautionary Principle in its regulation for risk management. This principle revolves around taking preventive action in the face of uncertainty and provides guidelines to take precautionary measures when dealing with important values such as health or environmental safety. However, when dealing with ‘new’ technologies, it can be hard for risk managers to estimate (...) the societal or environmental consequences of a biotechnology that might arise once introduced or embedded in society due to that these sometimes do not comply with the established norms within risk assessment. When there is insufficient knowledge, stakeholders active in early developmental stages (e.g., researchers) could provide necessary knowledge by conducting research specifically devoted to what these unknown risks could entail. In theory, the Safe-by-Design (SbD) approach could enable such a controlled learning environment to gradually identify what these uncertain risks are, to which we refer as responsible learning. In this paper, we argue that three conditions need to be present to enable such an environment: (1) regulatory flexibility, (2) co-responsibility between researchers and regulators, and (3) openness towards all stakeholders. If one of these conditions would not be present, the SbD approach cannot be implemented to its fullest potential, thereby limiting an environment for responsible learning and possibly leaving current policy behind to anticipate uncertain risks. (shrink)

The approach of responsible research and innovation has been proposed to support the introduction of technologies that touch upon socially sensitive issues. RRI is intended to help designers and manufacturers of new technologies identify and accommodate public concerns when developing a new technology by engaging with a wide range of relevant actors in an interactive, transparent process. However what this approach amounts to exactly remains elusive as of yet, i.e. it is unclear what its contribution to the societal embedding of (...) new technologies should consists of exactly. The transition to a sustainable bio-economy that uses biomass as its main resource is a complicated trajectory involving many actors and touching upon societally sensitive issues such as the use of genetic modification. In this paper we pose the question in what way RRI can stimulate the development and diffusion of a sustainable bio-economy in The Netherlands and Europe. We claim that for the further development and diffusion of the bio-economy, trust among actors in the relevant value-chain is a prerequisite. RRI can play a pivotal part in the bio-economy by providing conditions for trustworthiness of actors and by enhancing trusting relationships. This can be achieved through instruments such as personal relationships, third person guarantors, institutions and the communication of values. From the application of RRI to the context of the bio-economy, lessons can be drawn for other socially intricate technological trajectories. (shrink)

Respect for autonomy is problematic in relation to public health programmes such as vaccination, as the success of such programmes depends on widespread compliance. European countries have different policies for dealing with objectors to vaccination programmes. In some countries compliance is compulsory, while in others objectors are exempted or allowed to enter the programme under specific conditions. In this paper I argue that the objectors should not be treated as a homogenous group as is done in the above-mentioned policies. Objectors (...) have different arguments for not participating in vaccination programmes. Considering the value of respect for autonomy, some but not all of these arguments need to be accommodated by authorities. The concept of 'narrative autonomy' provides criteria to distinguish between tenable and untenable claims to the right to refuse vaccination. Narrative autonomy understands autonomy as essentially linked to identity, as this provides the moral framework with which we assess our first-order preferences. The above-mentioned concept of autonomy is derived from the concept of narrative identity as described by Marya Schechtman. She suggests that the application of the Articulation Constraint and the Reality Constraint enables us to establish the validity of personal narratives. Additionally, form and content features of identity, as proposed by Anthony Laden, will be used as criteria to establish the compatibility of the defectors' arguments with shared scientific and political values. Such compatibility is essential to accommodate respect for autonomy in the context of public health. (shrink)

The central claim of Aristotelian naturalism is that moral goodness is a kind of species-specific natural goodness. Aristotelian naturalism has recently enjoyed a resurgence in the work of philosophers such as Philippa Foot, Rosalind Hursthouse, and Michael Thompson. However, any view that takes moral goodness to be a type of natural goodness faces a challenge: Granting that moral goodness is natural goodness for human beings, why should we care about being good human beings? Given that we are rational creatures who (...) can ‘step back’ from our nature, why should we see human nature as authoritative for us? This is the authority-of-nature challenge. In this essay, I state this challenge clearly, identify its deep motivation, and distinguish it from other criticisms of Aristotelian naturalism. I also articulate what I consider the best response, which I term the practical reason response. This response, however, exposes Aristotelian naturalism to a new criticism – that it has abandoned the naturalist claim that moral goodness is species-specific natural goodness. Thus, I argue, Aristotelian naturalists appear to face a dilemma: Either they cannot answer the authority-of-nature challenge, or in meeting the challenge they must abandon naturalism. Aristotelian naturalists might overcome this dilemma, but doing so is harder than some Aristotelians have supposed. In the final sections of the paper, I examine the difficulties in overcoming the dilemma, and I suggest ways that Aristotelians might answer the authority-of-nature challenge while preserving naturalism. (shrink)

This article is concerned with the question of how to argue about morality and ethics in relation to a severe and deadly hereditary disease. It is inspired by the uneasiness I have felt on a number of occasions when “right and wrong” is being discussed by persons at risk, professionals and in particular when discussed by outsiders. This task is not an easy one and the article tries to lay out more groundwork than it arrives at conclusions. Below follows a (...) brief introduction to my framework and some of the concepts that are important for my way of outlining the arguments that follow. Then I take a closer look at genetic knowledge, responsibility and decision making, because these seem to be important issues in my field of study. I have added ignorance to the list in order to discuss a further aspect of dealing with hereditary disease. Interestingly, ignorance (understood both as being ignorant of and ignoring) seems to be commonly applicable to describing persons living at risk for Huntington’s Disease (HD). So what does everyday conduct of life look like from an “ignorance” perspective? And how can we discuss and argue about morality and ethics taking these seemingly diverse ways of living at risk into account? Posing this question, I hope to contribute to new reflections on possibilities and constraints in people’s lives with HD as well as in research and to open up new ways of discussing “right and wrong”. (shrink)

This article is a revised version of a talk given in lieu of the Ph.D. dissertation: "Huntington´s Disease in Everyday Life. Knowledge, Ignorance and Genetic Risk". The dissertation evolves around the analysis of modern living with risk for a late onset genetic disorder. Here, three aspects of everyday lives faced with Huntington´s Disease (HD) are discussed. First, HD is one aspect of everyday living along with a variety of other aspects. The importance of risk is analysed as personal and changing (...) in changing circumstances. Second, genetic knowledge and technology are not solid universals, but situated and changing, and of varying importance in lives at risk. Last, the ethical rationalities of everyday living, research and clinical practice concerned with a hereditary condition are discussed as complex and contradictory in and across structures of social practice. (shrink)

More than entertainment and beyond salutary reading to take a step back from the COVID-19 crisis, this novel by Martin Winckler is meant to be a source of inspiration and even a self-fulfilling prophecy of which it is up to us to become a part.

A narrow focus on the jaw (or on motor generators) does not account for individual and language-specific differences in babbling and early speech. Furthermore, data from Yoshinaga-Itano's laboratory support earlier findings that show glottal rather than oral stops in deaf infants' babbling: audition is crucial for developing normal syllables.

European countries are required to establish equality bodies to combat discrimination. For the success of such bodies, informing citizens about their existence and functioning is essential. Therefore, this study conducts a thematic content analysis of news coverage (N = 129 Flemish news articles) pertaining to the recently established Flemish Human Rights Institute (FHRI) in Belgium. The analysis focuses on the subjects addressed in the news articles, the individuals or groups involved, and the interpretation of the three components of the responsiveness (...) triangle (policy system, social perspectives, and policy environment), which collectively determine the perception of a legitimate policy. The study’s findings reveal that the articles extensively feature varying viewpoints from politicians and civil society organizations regarding the FHRI’s policy system, including its competences, institutional formation, and operation, as well as its role in protecting citizens’ rights. However, the news articles refrain from offering a conclusive assessment of the institution’s legitimacy. (shrink)

In recent discussions about whether the use of a love pill to enhance love in our romantic relationships is desirable, one argument centres on the question whether this love pill would secure the final value we attribute to love. Sven Nyholm argues that it would not, because one thing we desire for its own sake is to be at the origin of the love others feel for us. In a reply, Hichem Naar argues against Nyholm that a love pill does (...) not need to be incompatible with the final value we attribute to love and that a love pill can have a facilitating role in the creation and sustainment of loving attachment. I think Naar is right but does not address Nyholm's worry completely. I will argue that Naar and Nyholm are speaking of different ends for which the love pill is used as a means, and that whether the love pill would fail or not fail to secure the final value we attribute to love, depends on this particular end. (shrink)

Many contemporary eudaimonists emphasize the role of agency in the good life. Mark LeBar, for example, characterizes his own eudaimonist view this way: “It is agentist, not patientist, because it emphasizes that our lives go well in virtue of what we do, rather than what happens, to us or otherwise”. Nicholas Wolterstorff, however, has argued that this prioritizing of agency over patiency is a fatal flaw in eudaimonist accounts of well-being. Eudaimonism must be rejected, Wolterstorff argues, because many life-goods are (...) “passivities” that are out of a person’s hands, including how she is treated by others. In this paper, I defend eudaimonism against this passivities objection. I argue that eudaimonism can maintain its agentist character while also capturing the element of truth in the passivities objection—namely, that human well-being is vulnerable and social. I also argue that eudaimonists should avail themselves of the notion of receptivity to capture important aspects of the good life. (shrink)

ABSTRACTLawyers are increasingly called upon to deal with older clients and have ethical responsibilities to attest to their capacity for legal decision-making. As witnesses to enduring documents, the making of wills and other significant advance planning transactions, lawyers play a role in preventing elder abuse and in upholding the rights of older people. To date however, there has been very little empirical research examining how lawyers assess an older person’s legal decision-making capacity. This article presents research examining three years of (...) capacity complaints made to the New South Wales Office of Legal Services Commissioner. Four case studies from the complaint files expose some common failings in the way that lawyers interact with older clients who have experienced cognitive impairment. The process of capacity assessment is viewed through the theoretical lens of vulnerability to highlight how the actions of lawyers and regulators can exacerbate the inherent and situational vulnerability of o... (shrink)

Giorgio Agamben’s work on the power of sovereignty has been greatly influential in recent political thought. However, it has also overshadowed the independently original contributions of his two primary theoretical sources, Carl Schmitt and Walter Benjamin. In this article, I argue that Agamben’s political defeatism can be traced back to a double misconception in his reception of these two authors: first a formalistic reduction of Schmitt, and second a Schmittian reduction of Benjamin. Through this reduction to juridical formalism, the radicality (...) of Benjamin’s historical materialist critique is replaced by a messianic nihilism, leading to the colonization of society by the logic of the concentration camp. Though Agamben’s theory of sovereignty and its implications for a positive political project have been contested, this origin of the decline of radical philosophy has not previously undergone a systematic critique. (shrink)

This essay is an analysis of the central arguments in Plato’s Crito. The dialogue shows, in a variety of ways, that the opinion of another person can have practical relevance in one’s deliberations about what to do – e.g. as an argument, as a piece of expert advice, as a threat. Especially important among these forms of practical relevance is the relevance of authoritative commands. In the dialogue, the Laws of Athens argue that Socrates must accept his sentence of death, (...) because he must regard the court’s verdict as a command from a practical authority – the city. The Laws’ arguments rely on special features of authority-reasons that many commentators have overlooked. This article explains why the Law’s arguments are unsuccessful. Finally, it is argued that Socrates’ description of ‘the many’ suggests that the city lacks the deliberative capacity necessary for possessing practical authority. (shrink)

Responsible conduct of research and research integrity has become a key concern in both research policy and public media resulting in a number of soft law documents, such as codes of conduct at national and supranational levels. This article zooms in on the institutions that are supposed to translate these overall policies and guidelines into workable and recognizable structures for researchers, that is, the mediating layer between the policy articulations and the individual researchers and research groups; a perspective which has (...) been notably lacking in the literature on research integrity. Document analysis demonstrated how research organizations translated and integrated demands for research integrity measures differently, and interviews explored how department heads made sense of these organizational efforts. Results show that department heads did not seem to use organizational policies in their sensemaking around research integrity. To a much larger degree, they used disciplinary norms, systemic pressures and other cues to construct the meaning of integrity. The heads of department articulated integrity as a “non-problem” in their own local context, rather, it was other departments and other countries that experienced lack of research integrity. This meant that the origin of the problem of integrity is located in the system, but to a large extent the department heads describe the solution of the problem to be in the culture of research. The implications of this dis-location and externalizing of integrity are discussed. (shrink)

In recent years, policymakers have begun to problematize how legislation stands in the way of the digitalization of the public sector. We are witnessing the emergence of a new phenomenon, digital-ready legislation, which implies that, whenever possible, new legislation should build on simple rules and unambiguous terminology to reduce the need for professional discretion and allow for the extended use of automated case processing in public-sector organizations. Digital-ready legislation has potentially wide-ranging consequences because it creates the conditions for how public (...) organizations are digitalized. The processes, practices, choices, and responsibilities for drafting digital-ready legislation, however, are not well-described or debated. Digital-ready legislation is a dormant issue. This paper develops the notion of the “double darkness” of digitalization to account for this. Based on a qualitative study, the paper investigates how digital-ready legislation as a sociotechnical arrangement is shaped by policy tools and by a complex, collaborative process where responsibility for legislation is fragmented. It argues that although the policy tools are aimed at making actors responsible for digitalization and creating clarity about the process, actors seem to be reluctant to take on the responsibility for making political decisions related to digitalization. (shrink)

The main goal of this paper is to show that there are many phenomena that pertain to the construction of truth-conditional compounds that follow characteristic patterns, and whose explanation requires appealing to knowledge structures organized in specific ways. We review a number of phenomena, ranging from non-homogenous modification and privative modification to polysemy and co-predication that indicate that knowledge structures do play a role in obtaining truth-conditions. After that, we show that several extant accounts that invoke rich lexical meanings to (...) explain such phenomena face problems related to inflexibility and lack of predictive power. We review different ways in which one might react to such problems as regards lexical meanings: go richer, go moderately richer, go thinner, and go moderately thinner. On the face of it, it looks like moderate positions are unstable, given the apparent lack of a clear cutoff point between the semantic and the conceptual, but also that a very thin view and a very rich view may turn out to be indistinguishable in the long run. As far as we can see, the most pressing open questions concern this last issue: can there be a principled semantic/world knowledge distinction? Where could it be drawn: at some upper level (e.g. enriched qualia structures) or at some basic level (e.g. constraints)? How do parsimony considerations affect these two different approaches? A thin meanings approach postulates intermediate representations whose role is not clear in the interpretive process, while a rich meanings approach to lexical meaning seems to duplicate representations: the same representations that are stored in the lexicon would form part of conceptual representations. Both types of parsimony problems would be solved by assuming a direct relation between word forms and (parts of) conceptual or world knowledge, leading to a view that has been attributed to Chomsky (e.g. by Katz 1980) in which there is just syntax and encyclopedic knowledge. (shrink)

An increasingly unbridgeable gap exists between the supply and demand of transplantable organs. Human embryonic stem cell technology could solve the organ shortage problem by restoring diseased or damaged tissue across a range of common conditions. However, such technology faces several largely ignored immunological challenges in delivering cell lines to large populations. We address some of these challenges and argue in favor of encouraging contribution or intentional creation of embryos from which widely immunocompatible stem cell lines could be derived. Further, (...) we argue that current immunological constraints in tissue transplantation demand the creation of a global stem cell bank, which may hold particular promise for minority populations and other sub-groups currently marginalized from organ procurement and allocation systems. Finally, we conclude by offering a number of practical and ethically oriented recommendations for constructing a human embryonic stem cell bank that we hope will help solve the ongoing organ shortage problem. (shrink)