This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead Sellers, and (...) the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

Objectives: Hospital ethics committees increasingly affect medical care worldwide, yet there has been little evaluation of these bodies. Israel has the distinction of having ethics committees legally required by a Patients' Rights Act. We studied the development of ethics committees in this legal environment.Design: Cross-sectional national survey of general hospitals to identify all ethics committees and interview of ethics committee chairpersons.Setting: Israel five years after the passage of the Patients' Rights Act.Main measurements: Patients' rights and informal ethics committee structure and (...) function.Results: One-third of general hospitals have an ethics committee, with committees concentrated in larger facilities. Hospitals without committees tended to lack any structure to handle ethics issues. Committees tend to be interdisciplinary and gender-mixed but ethnic mix was poor. Confidentiality is the rule, however, legal liability is a concern. One-third of patients' rights ethics committees never convened and most committees had considered fewer than ten consults. Access to the consultation process and the consultation process itself varied substantially across committees. Some patients' rights ethics committees attempted to solve cases, others only rendered decisions. Informal committees often refused to consider cases within Patients' Rights Act jurisdiction.Conclusions: Despite statutory requirement, many Israeli patients and clinicians do not have access to ethics committees. The scant volume of cases shows serious discrepancies between practice and Patients' Rights Act regulations, suggesting the need for education or revision of the law. Heterogeneity in committee function demonstrates need for substantial improvement. (shrink)

Is there a rational and ethical basis for efforts to rescue individuals in dire straits? When does rescue have ethical support, and when does it reflect an irrational impulse? This paper defines a Rule of Rescue and shows its intuitive appeal. It then proceeds to argue that this rule lacks support from standard principles of justice and from ethical principles more broadly, and should be rejected in many situations. I distinguish between agent-relative and agent-neutral reasons, and argue that the Rule (...) of Rescue qualifies only in a narrow range of cases where agent-relative considerations apply. I conclude that it would be wise to set aside the Rule of Rescue in many cases, especially those involving public policies, where it has only weak normative justification. The broader implications of this analysis are noted. (shrink)

This paper sets forth and defends a pluriversal approach to religion in the context of an increasingly global bioethics. Section I introduces a pluriversal view as a normative technique for engaging across difference. A normative pluriversal approach sets five constraints: civility, change from within, justice, non-domination, and tolerance. Section II applies a pluriversal approach to religion. It argues that this approach is epistemically just, recognizes diverse standpoints, and represents a productive, preferred, way to tackle global bioethics concerns. Section II also (...) considers an opposing viewpoint, which holds that religious perspectives have no place in bioethics. We show that this viewpoint would have adverse effects on bioethics publishing, conferencing, and training programmes. The paper concludes (in Section III) that bioethicists should engage with people who hold different worldviews, including religious worldviews, and should do so in accordance with pluriversal ethical constraints. (shrink)

This paper provides a philosophical critique of professional stereotypes in medicine. In the course of this critique, we also offer a detailed analysis of the concept of care in health care. The paper first considers possible explanations for the traditional stereotype that caring is a province of nurses and women, while curing is an arena suited for physicians and men. It then dispels this stereotype and fine tunes the concept of care. A distinction between ‘caring for’ and ‘caring about’ is (...) made, and concomitant notions of parentalism are elaborated. Finally, the paper illustrates, through the use of cases, diverse models of caring. Our discussion reveals the complexity of care and the alternative modes of caring in health care. (shrink)

The problem of the rational and the irrational has been one of the most important problems of philosophy since philosophy's birth, for what is philosophy if not meditation on the structure of the universe and of man, immersed in it: Is the universe rational, or is it at bottom irrational and hence unknowable and unpredictable? Are our means of coming to know being [bytie] rational, or can one reach the depths of being only through intuition, illumination, and so forth? Let (...) me immediately make the qualification that the questions posed are improper, for to separate the rational and the irrational is from various points of view extremely unphilosophical. Just as the one cannot exist without the many, just as there is no being without nonbeing, no left without right, no night without day, and no male without female, so there is in philosophy no rational without the irrational. To disregard or consciously reject either the rational or the irrational level of being leads to truly tragic consequences: not only is an invalid theoretical schema created that impoverishes reality, but a knowingly false idea of the universe and of man's situation in it is formed. Let us recall our, if one may call it that, most recent past. The Stalinist-Brezhnevist ideology without further ado simply forbade the irrational and commanded that the world be regarded as rational, lucid, and transparent. The powers that be taught philosophers and their ilk to "think" of being as exclusively of this world, a very simple world, each part of which was easy to describe, explain, and render comprehensible to all without exception. L. Gozman and A. Etkind have persuasively demonstrated how on the basis of such a theoretical postulate were built the corresponding moral, political, and scientific constructions, which became out-and-out caricatures . For example, the authors wrote, a "simple" person, who "had not studied in the universities," was considered the bearer of true morality and goodness. On the other hand, anything that was incomprehensible, that did not fit into a rationalistic framework, was declared an ill-intentioned muddling of a harmonious world that harbored no essential secrets. But if the world is simple and comprehensible, then all the work of scientists is a meaningless waste of the nation's money, and their discoveries and conclusions are an attempt to take people in. The broadest circulation was given to popularized scientific literature and educational lectures that helped the reader and the listener to develop the assurance that he was clear about everything, with the exception of why specialists were unable to get to the bottom of such obvious questions. (shrink)

Today it is a rare journal article that does not begin with the words "on the threshold of the third millennium." Someone might say, "What do you, philosophers, have to do with the swift flow of time? You're always talking about the eternal!" But he would not be right. First, although philosophy reflects on the eternal, it exists in time. Like any intellectual community, philosophy has its beginning and history; indeed, a history full of dramatic and even tragic pages, including (...) death at the stake for one's ideas, the irreconcilable confrontation of systems, the blind disregard of some thinkers in their lifetime and the undeserved fame of others, and so on. And what will the future bring? This is a question raised by philosophers "on the threshold of the third millennium," as they ponder the fate and paths of their activity. Second, the central philosophical problem is the problem of Being and man's place in it; hence, the question what the philosophy of the twenty-first century will be like is the question of how we shall represent being itself, man himself, the meaning of human life. Can we today at least name the most general features of the future philosophy? To answer this question I have tried to compare two past philosophical systems—I. Kant's and A. Schopenhauer's. And the reason is this both philosophers are one in their passionate desire to find the Truth for humanity and the individual and, although they begin their reflections from the same positions, they end up with results that are quite incompatible. But both poles of philosophy—the rationalist and the irrationalist—have proved equally valid for humanity. And I think that these two systems determined one of the paths of philosophy in the twentieth century that will continue into the twenty-first. (shrink)

_Purpose._ The purpose of the research is to outline the strategies of desacralization of writers by means of merch, to determine the positive and negative aspects of the search for new meanings in the reproduction of cult figures. _Theoretical basis._ The article examines merch as a tool that encourages people to change sacred meanings and ideas about writers as bearers of the sacred for Ukrainians. The source base of the study is the works devoted to the problems of the sacred (...) in philosophical thought, as well as the process of desacralization in art and literature. The peculiarities of the destruction of tendencies regarding the notions in the perception of writers as idols of the nation, the formation and emergence of new meanings regarding sacred figures are highlighted and described. The relevance of this study is due to active searches in business, propaganda, agitation for the use of literary practice, transformation and new contexts of literary idols. _Originality._ Until now, the change in the processes of sacralization and desacralization of writers by means of merch has not been considered as a reversal of worldview in culture, vectors of changes in the dominants of spirituality in the world picture. It turned out that the metacategory of the sacred has been studied by many scholars, both foreign and domestic, in recent years. The problems of the sacred are in the centre of attention of sociologists, philosophers, literary critics, and culturologists, but merch as a basis for the desacralization of man was not considered in publications in the field of mass communication theory. Scientists considered the worldview vectors of the sacred and desacralization as processes that are inherent not only in postmodernity, but also those that accompanied Ukrainian culture during previous periods. It is determined that the most noticeable manifestations of desacralization are the reproduction of the figure of Kobzar, moreover, in quite unusual and even provocative images of him. However, the majority of Ukrainians positively perceive the updated images of the prophets of the Ukrainian nation and talk about the permanence of their worldview, despite the change and reinterpretation of many years of later development. _Conclusions._ Conscious desacralization of literary images is gradually gaining momentum. We observe a tendency to positive perception of merch with the figures of T. Shevchenko, I. Franko, H. Skovoroda, Lesia Ukrainka in a new interpretation: during the war, on the barricades – wherever the struggle for Ukrainian statehood is taking place. From the results of the survey it becomes clear that stereotypical perceptions of writers need to be changed, but only if it is an organic fusion with value imperatives, only emphasizes and affirms the spiritual greatness of Man and serves the growth of Ukrainian society and every Ukrainian. (shrink)

Biodiversity and Conservation 4: 916-928.

В книге осуществлено философское исследование идеи как базового понятия концептуального уровня познания в контексте традиционной и современной эпистемологии.

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern responsa, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law.

In the XIV century. centripetal tendencies began to appear in the Moscow principality. Inside the Russian church, several areas were distinguished. Part of the clergy supported the specificobar form. The other understood the need for transformations in society. As a result, this led to a split in the Russian church in the 15th century for "non-possessors" and "Josephites". The former linked the fate of the future with the ideology of hesychasm and its moral transformation, while the latter sought support in (...) alliance with a strong secular power. (shrink)