This is lightly edited and referenced version of a presentation given at the 20th International Philosophy of Nursing conference in Quebec on 23rd August 2016. Philosophical texts are not given the same prominence in nurse education as their more valued younger sibling, primary research evidence, but they can influence practice through guidelines, codes and espoused values. John Stuart Mill’s harm principle, found in On Liberty, is not a universal law, and only a thoroughgoing libertarian would defend it as such, though (...) it, or its remnants, can be seen can be seen in policy documents. But its influence is weakening. Smoking bans in enclosed spaces were initially justified with other‐regarding considerations, but judgements from unsuccessful legal challenges from patients in UK psychiatric hospitals rely on preventing harm to the smoker, even when smoking outside, which does not harm others. In the wake of legislation, no‐smoking policies enacted by hospitals are becoming more aggressive, banning smoking both inside and outside, and extending the use of power gained through employment to prevent nurses assisting patients enjoy a lawful habit. Mill’s dictum has been subverted, and this speaks to the fundamental purpose of nursing. Should nurses collude and willingly exert their power for their version of the good of the patient? Or should they instead reaffirm values that support and facilitate life choices made by autonomous people? The paper supports the latter option, and this has wider application for nursing which can be illuminated, if not settled, by revisiting Mill and his famous dictum. (shrink)

Snell's law of refraction did not affect the study of optics until twenty‐five years after its publication in 1637 and by then its universality threatened to break down already. Two optical phenomena—colour dispersion and strange refraction—were discovered that did not conform to the sine law. In the early 1670s, Isaac Newton and Christiaan Huygens respectively investigated these phenomena. They tried to describe the irregular behaviour of light rays mathematically and to reconcile it with ordinary refraction. This paper discusses their investigations (...) and aims at throwing new light on the history of seventeenth‐century optics. Both initially approached the problem in a mathematical way in which they built on Descartes' analysis of refraction. This is surprising because it contradicts their earlier dismissal of Descartes' account and it does not fit our picture of them as mathematical physicists. By looking more closely at their early investigations it becomes clear that Newton and Huygens first had to develop the approach to optics of their later writings. After Descartes placed the issue of the physical nature of light rays on the scientific agenda in 1637, they recognized its purport in their struggles with colour dispersion and strange refraction. It was at this point that their physical optics evolved from the traditional geometrical optics with which they had started. (shrink)

Johannes Kepler dedicated much of his work to discover a law for the refraction of light. Unfortunately, he formulated an incorrect law. Nevertheless, it was useful for anticipating the behavior of light in some specific conditions. Some believe that Kepler did not have the elements to formulate the law that was later accepted by the scientific community, that is, the Snell–Descartes law. However, in this paper, we propose a model that agrees with Kepler’s heuristics and that is also successful in (...) anticipating the behavior of light when it passes through a surface that separates two media with different optical densities. This model adopts strategies that were recommended by Kepler in two types of analogies. The obstacles that led to the failure of the two types of analogies are presented in the article, and we argue that the model proposed here could overcome these specific obstacles. Finally, we show how the proposed model could be articulated with Kepler’s metaphysics of light. (shrink)

I. Reputed shortcomings of Descartes as philosopher of science.II ‘Knowledge’ in mathematics and in physics. The ‘ontological’ postulates of Descartes's philosophy and philosophy of physics.III. The ‘foundations of dynamics’: ‘Newton's First Law of Motion’ and its status.IV. Descartes's conception of ‘hypothesis’: the competing claims of the ideal of the a priori in physics and the conception of retroductive inference. V. Descartes's notion of ‘analysis’. The distinction between ‘procedure’ and ‘inference’. The notion of ‘induction’ and ‘understanding through models’: ‘Snell's Law of (...) Refraction’. (shrink)

Rene Descartes (1596 – 1650) is considered the founder of modern philosophy. Profoundly influenced by the new physics and astronomy of Kepler and Galileo, Descartes was a scientist and mathematician whose most long-lasting contributions in science were the invention of Cartesian coordinates, the application of algebra to geometry, and the discovery of the law of refraction, what we now call Snell’s law.His most important books on philosophy were The discourse on method(1637) and The meditations(1642). Descartes’ writings display an exemplary (...) degree of clarity and an aversion to pedantry. I explore Descartes' break with Aristotle, but also shine a light on the intellectual continuity Descartes had with Aristotle's thought. I also draw attention to some overlooked but interesting possibilities for an experimental test of a dualistic theory of mind. (shrink)

I will present evidence that nature does not optimize in the sense of Fermat's principle of least time, contrary to what Schoemaker's unintentionally ambiguous exposition might suggest. First, Huygens' principle, an alternative nonteleological account of Snell's law, is outlined. Second, I confront Fermat's principle with a substantive conceptual problem.

Abstract:This paper reports a phenomenological sub-study of a larger project investigating the way Hong Kong Chinese staff tackled their own ethical dilemmas at work. A special analysis was conducted of eight dilemma cases arising from a request by a boss or superior authority to do something regarded as ethically wrong. In reports of most such cases, staff expressed feelings of contractual or interpersonally based obligation to obey. They sought to save face and preserve harmony in their relationship with authority by (...) choosing between “little potato” obedience, token obedience, and undercover disobedience. Only where no such obligation existed was face in relation to authority unimportant, and open disobedience chosen. In Kohlbergian terms, ethical reasoning at the conventional stages (three and four) predominated in dilemmas of obedience. Findings imply that if corruption were to originate at the top, codes of conduct recently introduced into Hong Kong may be of limited effect in stalling it. (shrink)

Although detailed studies of code adoption and impact have already been conducted in Hong Kong, there has as yet been no critical analysis of why there has been a gap between the normative and positive factors underlying codes of ethics in Hong Kong. The purpose of this paper is to consider why Hong Kong companies adopting codes of ethics have failed to adhere closely to the best practice prescriptions for code adoption when it would likely be in their best interests (...) to do so. This paper identifies some cultural factors, such as power distance and traditional Legalist assumptions approximating Theory X, that appear to be involved in creating this gap, and offers some practical recommendations for closing the gap, which are presented in the form of hypotheses for further testing. (shrink)

Responding to Richard Lennan’s paper, this short essay highlights three elements of Rahner’s work on ecclesiology: sacramentality, heresy, and mission. In Lennan’s account, the first two of these call for self-reflection and self-criticism. Viewing church as sacramental, rather than as a continuation of the incarnation, is important for Rahner because it makes room for ongoing self-criticism. Rahner even turns the category of heresy into an opportunity for self-reflection rather than the condemnation of others, asking how the church offers a compelling (...) “yes” as well as a guiding “no.” The third element of Rahner’s ecclesiology that Lennan engages is mission. Rahner’s work does not fit neatly into traditional notions of evangelism or contemporary typologies of mission. In Lennan’s rendering, however, Rahner’s ecclesiology provides a powerful view of mission as persistent, embodied hope. This view of mission—appropriate to a self-critical and self-reflective church—might be precisely what is needed today. (shrink)

Following a government campaign run by the Independent Commission Against Corruption (ICAC) in 1994, many Hong Kong companies and trade associations adopted written codes of conduct. The research study reported here examines how and why companies responded, and assesses the impact of code adoption on the moral climate of code adopters. The research involved (a) initial questionnaire surveys to which 184 organisations replied, (b) longitudinal questionnaire-based assessments of moral ethos and conduct in a focal sample of 17 code adopting companies, (...) (c) interviews with 33 managers in the focal companies examining the adoption and impact of the codes, and (d) content analysis of 41 company codes of conduct, including those of most focal companies, plus the ICAC model code.While a mixture of prudential and altruistic reasons were given for code adoption, content analysis suggested that the prime motive was corporate self-defence. The prevailing themes were bribery, conflict of interest, insider information, gambling, moonlighting, accuracy of records and misuse of corporate assets. Wider social responsibility tended to be neglected. Companies appeared to have imposed their codes top-down, emphasising disciplinary procedures rather than ethics training, and appointing neither ethics counsellors nor ombuds-people. The longitudinal study over a seven month period suggested that while moral ethos may have declined, overall standards of perceived conduct had not changed. (shrink)

This study examines the effect of a business ethics course on undergraduates’ attitudes toward the importance of corporate ethics and social responsibility, as measured by the PRESOR scale. It employs a survey approach, adopting a pretest/posttest methodology in the data collection. A total of 132 undergraduate students were surveyed over a period of four semesters during 2006 and 2007. To test the effects of individual personality characteristics and examine their potential interaction with ethical education, participants’ personal values and degree of (...) Machiavellianism were also assessed. The business ethics course resulted in significantly less support for the traditional “stockholder view” of business, providing backing for the inclusion of a stand-alone business ethics course in the business studies curriculum. In addition, among nonbusiness majors, the course resulted in significantly greater support for the “stakeholder view,” suggesting that it would be especially beneficial to open such a course to nonbusiness students. (shrink)

While open science gains prominence in South Africa with the encouragement of open data sharing for research purposes, there are stricter laws and regulations around privacy – and specifically the use, management and transfer of personal information – to consider. The Protection of Personal Information Act No. 4 of 2013 (POPIA), which came into effect in 2021, established stringent requirements for the processing of personal information and has changed the regulatory landscape for the transfer of personal information across South (...) African borders. At the same time, draft national policies on open science encourage wide accessibility to data and open data sharing in line with international best practice. As a result, the operation of research ethics committees (RECs) in South Africa is affected by the conflicting demands of the shift towards open science on the one hand, and the stricter laws protecting participants’ personal information and the transfer thereof, on the other. This article explores the continuing evolving role of RECs in the era of open data and recommends the development of a data transfer agreement (DTA) for the ethical management of personal health information, considering the challenges that RECs encounter, which centres predominantly on privacy, data sharing and access concerns following advances in genetic and genomic research and biobanking. (shrink)

This is a short paper covering my own views on the methods and reasons behind the teaching of medical ethics. All the whys and wherefores are discussed and some conclusions reached. This paper is given from a junior doctor's viewpoint but could equally apply to many others.

What's the proper role of religion in public life? It's a question no contemporary student of politics can ignore. This book takes the reader on a journey through the classic treatment of this query, a journey replete with observations on manners, customs, and legislation ancient and modern.

1 The Roots of the Laws Perhaps the most ready assumption of any reader of the Laws-it only because of its title-is that its primary purpose is to provide a ...

Plato’s pronouncements about political freedom in the Laws have sparked renewed interest in the literature. The present paper takes a new angle on that vexed question. It focusses on Plato’s account of the birth of unlawful freedom, or ‘theatrocracy’, at the end of book 3. By studying the transition from moderate to excessive freedom, it wishes to shed light on what sets the two apart. The paper provides a causal analysis of the key passage, suggesting four compatible and complementary (...) explanations for the process it describes. The first is presented as the main one, but it is made more likely by the addition of the three others. (shrink)

It is shown that the following three common understandings of Newton’s laws of motion do not hold for systems of infinitely many components. First, Newton’s third law, or the law of action and reaction, is universally believed to imply that the total sum of internal forces in a system is always zero. Several examples are presented to show that this belief fails to hold for infinite systems. Second, two of these examples are of an infinitely divisible continuous body with (...) finite mass and volume such that the sum of all the internal forces in the body is not zero and the body accelerates due to this non-null net internal force. So the two examples also demonstrate the breakdown of the common understanding that according to Newton’s laws a body under no external force does not accelerate. Finally, these examples also make it clear that the expression ‘impressed force’ in Newton’s formulations of his first and second laws should be understood not as ‘external force’ but as ‘exerted force’ which is the sum of all the internal and external forces acting on a given body, if the body is infinitely divisible. (shrink)

The penal code of the Laws has attracted scholarly attention because it appears to advance a coherent theory of punishment. The Laws' suggestion that legislation follow the model of 'free doctors', as well as its discussion of the Socratic paradox, leads one to expect a theory of punishment that recommends kolasis and nouthetesis rather than timoria. In practice, however, the Laws makes use of the language of timoria and categorizes some crimes as voluntary. While the Laws (...) provides a searching criticism of contemporary Greek penal practices rooted in anger and retribution, Kleinias' dramatic participation in the discussion forces the qualified inclusion of these common beliefs. While the Laws provides a philosophic intervention intended to reform the injustices of contemporary penal practices, it ultimately suggests that educated doxa, not theoretical completeness, is the proper standard for establishing a workable penal code. (shrink)

Lange issues a novel challenge to philosophical accounts of laws of nature. He notes that the laws of nature seem to be themselves governed by laws analogous to the way that the laws govern particular facts. These higher order laws are the meta-laws of nature. He claims that if a philosophical account of laws aims to accurately characterize the laws, it should be able to account for these meta-laws. To generalize this (...) challenge, I introduce the notion of roles played by laws of nature according to a philosophical account, and identify a number of salient roles. I then apply Lange’s challenge to two views: the regularity view and the universals view. I argue that the regularity view may be able to meet the generalized version of Lange’s challenge, and that the universals view is able to meet the challenge. 1 Meta-laws2 Lange’s Challenge3 The Roles Played by Laws and Meta-laws4 Meta-laws and the Regularity View5 Meta-laws and the Universals View6 Summary and Conclusion. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of (...) compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

This paper examines Plato’s conception of shame and the role intoxication plays in cultivating it in the Laws. Ultimately, this paper argues that there are two accounts of shame in the Laws. There is a public sense of shame that is more closely tied to the rational faculties and a private sense of shame that is more closely tied to the non-rational faculties. Understanding this division between public and private shame not only informs our understanding of Plato’s moral (...) psychology, but his political and ethical theory as well. (shrink)

Based on the author's thesis (doctoral) from Universiteit, Leiden, 2014.

Hugo de Vries claimed that he had discovered Mendel's laws before he found Mendel's paper. De Vries's first ratios, published in 1897, for the second generation of hybrids were 2/3:1/3 and 80%:20%. By 1900, both of these ratios had become 3:1. These changing ratios suggest that as late as 1897 de Vries had not discovered the laws, although he asserted, from 1900 on, that he had found the laws in 1896. An Appendix details de Vries's Mendelian experiments (...) as described in the original edition of volume two of Die Mutationstheorie, but omitted entirely from the English translation. (shrink)

Plato's views on tragedy depend in large part on his views about the ethical consequences of emotional arousal. In the Republic, Plato treats the desires we feel in everyday life to weep and feel pity as appetites exactly like those for food or sex, whose satisfactions are ‘replenishments’. Physical desire is not reprehensible in itself, but is simply non-rational, not identical with reason but capable of being brought into agreement with it. Some desires, like that for simple and wholesome food, (...) are in fact ‘necessary’ and approved by reason. Other appetites, like lust and gluttony, are ‘unnecessary’ and anti-rational in that they are actively opposed to reason. According to the Republic, the satisfaction of these ‘unnecessary’ desires inevitably strengthens the elements in the soul that oppose reason. The desire to weep at the theatre is treated in this dialogue as just such an anti-rational desire. Even a temporary indulgence in tragic pity and fear has a permanent deleterious effect on the soul, although it does not lead directly to any action. This paper argues that a radically different psychological theory, with important aesthetic implications, appears in the discussion of wine-drinking in Books 1 and 2 of Plato's Laws. Though this long passage has been much scorned and neglected, it is of considerable philosophical importance. While in the Republic Plato condemns drunkenness and other anti-rational states, in the Laws he extols the benefits of a hypothetical ‘fear drug’ that could induce a temporary state of anti-rational terror and of wine to produce other anti-rational emotions and desires. (shrink)

Recent scholarship has followed Glenn Morrow in seeking to understand Plato’s politics in light of his cosmology. This essay takes a different tack and interprets the theology and cosmology of the Laws as an outgrowth of the Athenian Stranger’s conversation with Kleinias, which focuses on politics and warfare. In that sense the arguments of Book 10 are closely tied to the context of the dialogue. The Athenian Stranger’s religious ideology is not designed to be permanent or universally applicable. Rather, (...) it is intended for an audience that finds itself immersed in an unhealthy world of motion, disorder, and antagonism. (shrink)

One of the distinctions that Plato in the Laws stresses most heavily in his discussion of the proper relation between the individual citizen and the laws of the city is that between persuasion and compulsion. Law, Plato believes, should try to persuade rather than compel the citizens. Near the end of the fourth book of the Laws, the Athenian Stranger, Plato's spokesman in this dialogue, asks whether the lawgiver for their new city of Magnesia should in making (...) laws ‘explain straightaway what must and must not be done, add the threat of a penalty, and turn to another law, without adding a single bit of encouragement or persuasion [παραμυθας δ κα πειθος … ν] to his legislative edicts’ . A few lines later, the Athenian Stranger himself condemns such a procedure as ‘the worse and more savage alternative’ . The better method is for the laws themselves to try to persuade the citizens to act in the manner that they prescribe. And as a means of doing this, Plato proposes attaching preludes to particular laws and to the legal code as a whole: such preludes will supplement the sanctions attached to the laws and will aim at persuading the citizens to act in the way that the laws direct for reasons other than fear of the penalties attached to the law. Such a practice, Plato believes, is an innovation: it is something that no lawgiver has ever thought of doing before . And we have no reason to think that Plato is here excluding his earlier self, e.g. the Plato of the Republic and the Politicus, from this criticism. (shrink)

Using tombstoning (jumping from a height into water) as an example, this article claims that public health policies and health promotion tend to assess the moral status of activities following a version of health maximizing rule utilitarianism, but this does not represent common moral experience, not least because it fails to take into account the enjoyment that various health effecting habits brings and the contribution that this makes to a good life, variously defined. It is proposed that the moral status (...) of health threatening activities should instead be defined by a version of act utilitarianism where both maximizing value and method of calculation are decided by individuals. In this account personal responsibility for health is reduced to the obligation to undertake calculations effectively, comprising of two duties; epistemic and reflective. If there is an individual epistemic duty, it is plausible to suggest that health promotion should present information in a way which facilitates it, but despite the prevalent language of autonomous choice, discussion of health promotion messages, for example, related to drinking and smoking demonstrates that this currently does not happen. Health promotion strategies should seek to encourage reflection about the harm our health effecting behaviour causes others. (shrink)

It is customary to distinguish experimental from purely observational sciences. The former include physics and molecular biology, the latter astronomy and palaeontology. Experiments involve actively intervening in the course of nature, as opposed to observing events that would have happened anyway. When a molecular biologist inserts viral DNA into a bacterium in his laboratory, this is an experiment; but when an astronomer points his telescope at the heavens, this is an observation. Without the biologist’s handiwork the bacterium would never have (...) contained foreign DNA; but the planets would have continued orbiting the sun whether or not the astronomer had directed his telescope skyward. The observational/experimental distinction would probably be difficult to make precise 1, as the notion of an ‘intervention’ is not easily defined, but it is intuitively fairly clear, and is frequently invoked by scientists and historians of science. Experimentation, or ‘putting questions to nature’, is often cited as a hallmark of the modern scientific method, something that permitted the enormous advances of the last 350 years. And it is sometimes said that the social sciences lag behind the natural because controlled experiments cannot be done so readily in the former. Moreover in certain sciences, e.g. epidemiology, students are explicitly taught that experimental data is preferable to observational data, particularly for doing causal inference. So the distinction between observational and experimental science has quite wide currency, and is often regarded as methodologically significant. Surprisingly, mainstream philosophy of science has had rather little to say about the observational/experimental distinction. 2 For example, discussions of confirmation usually invoke a notion of ‘evidence’, to be contrasted with ‘theory’ or ‘hypothesis’; the aim is to understand how the evidence bears on the hypothesis. But whether this ‘evidence’ comes from observation or experiment generally plays no role in the discussion; this is true …. (shrink)