The discriminatory effects of categorizing psychiatric patients into competent and incompetent, have urged lawyers, philosophers and health care professionals to seek a functional approach to capacity assessment. Dutch and English law have produced some guidelines concerning this issue. So far, most legal systems under investigation have concentrated on alternatives for informed consent by the patient in case of mental incapacity, notably substitute decision-making, intervention of a judge and advance directives. It is hard to judge the way in which the law (...) may further adapt to a more functional assessment of capacity, because the nature of law shows that legal reforms usually take place only when new methods have been accepted by the field. This is not yet the case today. (shrink)

The aim of this project was to study the way in which patients’ rights are being exercised in everyday hospital practice in Greece. Data were collected by using questionnaires and structured interviews with 600 patients. These patients were found to ignore the fact that special regulations exist regarding their rights. They considered their right to information was being respected, albeit to different degrees. Many patients allowed their doctors to make decisions. The right to confidentiality was not considered as a major (...) priority by these patients because they doubted its applicability. They hesitated to protest when their rights were being violated. They thought that the most effective way of protecting their rights is either through the existence of someone with specialized knowledge or an internal hospital committee. These Greek patients appeared to be relatively satisfied with the way in which their rights were being exercised in hospital. However, a number of improvements could increase patient satisfaction regarding this issue. (shrink)

Many health problems that elderly people face today relate not only to the nature of their affliction but also to the kind of treatment required. Such treatment often includes artificial nutrition and hydration, (ANH) a procedure which, despite its technical and invasive character, is still considered to be vested with symbolic meanings. It is precisely during the efforts to reach a legal consensus that the discrepancies between various cultural contexts become obvious. The following case explores the Greek clinical territory in (...) comparison with the international situation, and the reasons why, in Greece, the right to refuse treatment is not necessarily interpreted as including the right to refuse artificial nutrition and hydration as well. (shrink)

____Ethics of Eros__ sheds light on contemporary feminist discourse by questioning the basic distinctions and categories in feminist theory. Tina Chanter uses the work of Luce Irigaray as the focus for a critique of French and Anglo-American feminism as it is articulated in the debate over essentialism. While these two branches of feminism represent opposing views, Chanter advocates a productive exchange between the two.

Gathering thoughts -- Teachers who inspired me -- What am I? : Montessori? Steiner? eclectic? : Is it important? -- Which comes first? : a philosophical framework, theory and research evidence : what do teachers and other practitioners need to bring out their best work -- Working with principles which are interpreted and embedded in articulated practice -- The importance of parent partnership and the development of moral values and self-discipline -- Play : a very complex thing -- Finding how (...) to position myself in relation to play -- Inclusion : commonalities, differences"fragmentation or wholeness?"-- Cultivating creativity -- Remaining a generalist rather than becoming a specialist within one area of early childhood education -- Changing political climates -- How best to train teachers of young children -- Remaining a Froebelian but still exploring why and wondering "will I always be one?". (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two most cited duties to (...) rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Millions of children worldwide could benefit from adoption. One could argue that prospective parents have a pro tanto duty to adopt rather than create children. For the sake of argument, I assume there is such a duty and focus on a pressing objection to it. Prospective parents may prefer that their children are genetically related to them. I examine eight reasons prospective parents have for preferring genetic children: for parent-child physical resemblance, for family resemblance, for psychological similarity, for the sake (...) of love, to achieve a kind of immortality, for the genetic connection itself, to be a procreator, and to experience pregnancy. I argue that, with the possible exception of the pregnancy desire, these reasons fail to defeat a duty to adopt a child rather than create one, even assuming that we do have some leeway to favor our own interests. (shrink)

The lack of attention to the role of emotions generally has led modern learning theories to neglect the importance of emulation as a pedagogical support to students’ learning. One reason could be that the influence of teacher personality is not considered in relation to learning outcome. Another reason may be that the concept of emulation has been used as a psychological conception for one-way transmission. From a pedagogical rhetorical perspective, it is here argued that emulation and its pedagogical function is (...) rooted in three human conditions: the biological, moral and political. The framework for this reasoning is discussed, as well as historical changes in pedagogical focus. Finally, it is concluded that the educative character of the teacher has a crucial impact on how willing students are to interact and share the teachers’ knowledge, skills and values. Therefore, there is a need for a greater awareness of these aspects to be developed among teachers. (shrink)

Zusammenfassung Heute gilt Muhammad Ali in der öffentlichen Meinung als einer der bekanntesten und beliebtesten Sportler des 20. Jahrhunderts. Der vorliegende Beitrag liefert einen Rückblick auf den US-amerikanischen Sportler, dessen Image in den 1960er Jahren ein Gegenteiliges war. Bei der Darstellung des Wandlungsprozesses werden zwei Perspektiven verfolgt: Zum einen geht es um die Rekonstruktion des öffentlichen Images Muhammad Alis seit den 1960er Jahren, über das eine Analyse der zahlreichen Stellungnahmen von Berichterstattern und Reportern Aufschluss geben kann. Zum anderen geht es (...) um das Verhalten und die Einstellung Muhammad Alis selbst, welche in engem Zusammenhang mit der öffentlichen Rezeption seiner Person stehen. In Anlehnung an diese doppelte Perspektive wird, einem chronologischen Verlauf folgend, erläutert, wie sich das Image dieses Sportlers in den Augen der Öffentlichkeit von dem eines Verräters zu dem eines Märtyrers verändern konnte. (shrink)

This research note is meant to introduce into philosophical discussion the preliminary results of an empirical study on the state of blacks in philosophy, which is a joint effort of the American Philosophical Association’s Committee on the Status of Black Philosophers (APA CSBP) and the Society of Young Black Philosophers (SYBP). The study is intended to settle factual issues in furtherance of contributing to dialogues surrounding at least two philosophical questions: What, if anything, is the philosophical value of demographic diversity (...) in professional philosophy? And what is philosophy? The empirical goals of the study are (1) to identify and enumerate U.S. blacks in philosophy, (2) to determine the distribution of blacks in philosophy across career stages, (3) to determine correlates to the success of blacks in philosophy at different career stages, and (4) to compare and contrast results internally and externally to explain any career stage gaps and determine any other disparities. (shrink)

It is hard to over-estimate the challenge that feminism poses to Roman Catholicism. Pope John Paul II's call for a 'new feminism' has led to the development of a Catholic theological response to the so-called 'old feminism'. _The New Catholic Feminism _sets up a dramatic encounter between the orthodox Catholic establishment and contemporary critical theory, including feminist theology and philosophy, queer theory, and French psycholinguistics, in order to explore fundamental questions about human identity, personhood and gender. From the naked bodies (...) of Eden to the 'gay nuptials' of liturgy, it argues that the strange and volatile world of Catholic sexual symbolism cannot be 'tamed' to meet the ideological agendas of either feminist theology or conservative Catholicism. Only through a radical re-evaluation of the sacramental significance of the sexed human body might the Catholic Church provide a redemptive response to the sexual politics of contemporary society. (shrink)

The paper analyses the use of the Romani language in the Slovak educational system. It focuses on the informal use of Romani in schools, as about 10% of all pupils speak Romani as their mother tongue but there are no schools that use Romani as the language of instruction. The theoretical framework draws mainly on the work of P. Bourdieu and S. May on the symbolic power of language. The empirical chapter is based on qualitative data collected at ten primary (...) schools in different parts of Slovakia, as well as interviews with decision makers and experts. On the basis of the empirical research, three questions are posed. (1) Is Romani used in schools and if so how? (2) What attitudes do school staff have on the use of Romani? (3) Is the theory of Stephen May applicable to Slovakia and is Romani perceived to have merely sentimental value while Slovak is considered to have instrumental value? The article concludes that the perceived value of Romani in Slovakia is very low. From the point of view of school staff, it has no instrumental value and is perceived as a barrier rather than a benefit. (shrink)

Worldwide, more parents are opting for immersion pre-schooling for their children in order to benefit from its linguistic, educational, and cultural benefits. This immersion can be either bilingual or monolingual, aimed at early second language learning, or at language maintenance – offering minority language children mother-tongue support and enrichment. This book examines some of the key issues and policy concerns relating to immersion education in the early years. The term itself can be difficult in some political contexts, as can the (...) differing outcomes noted by studies comparing monolingual programmes, and bilingual programmes for minority language children. The importance of training in immersion methodology for educators is discussed, as is the need to adapt preschool pedagogical practices to the immersion context, in order to provide optimal input for young language learners. One of the most pressing discussions surrounds differentiated provision – ensuring that the varying needs of children with language impairment, typical second language learners, and mother-tongue speakers with significant socioeconomic or linguistic disadvantages are all met. Overall, the book explores the challenges currently facing the sector, particularly with regard to training and professional development for practitioners, and the provision of appropriate materials in less widely used languages. Given the documented benefit of high quality immersion pre-schooling, this book fulfils an urgent need to increase the recognition of the sector. This book was published as a special issue of _International Journal of Bilingual Education and Bilingualism. _. (shrink)

Untangling the Surrogacy WebSurrogacy agreements represent unique legal questions that must be answered with great care. In Australia we had the recent “Baby Gammy” scandal that involved an international surrogacy agreement and claims of abandonment of a child with Down’s syndrome. This story served to reinforce concerns that surrogacy turns children into a commodity that can be put to one side if expectations are not met. Of course, surrogacy agreements do not always end in this manner and often the outcome (...) is positive. There are, however, underlying legal questions regarding the status of the child, with some children, born as the result of international surrogacy agreements, being practically stateless when the nation of the commissioning parents refuses to issue passports to allow the children to return “home” with their “parents.” Where the relationship is local, however, and there is clear legislation, the issues can be less problematic but can become complex where a party wishes .. (shrink)

Over the past six decades, Antarctic Treaty Consultative Parties have developed legal agreements to protect various aspects of the Antarctic environment. Strong anthropocentrism (e.g., unsustainable harvesting of marine living resources) is generally rejected, and stewardship (e.g., minimizing risks of contamination) is accepted while protection of nonanthropocentric values (e.g., wilderness and intrinsic values) is evoked when it furthers human interests. As one of the world’s remaining large wildernesses, Antarctica is under threat from the continuous expansion of the human footprint and is (...) in need of attention from the wider society, including the environmental ethics community. The interdependence of all life on this planet means that problems in Antarctica are not as far away and trivial as it may seem. Furthermore, Antarctica’s extreme position at the edge of civilization challenges humans as moral agents to think about where our moral duties and rights begin and end on this planet, and elsewhere in the universe. Considerations of wilderness and intrinsic values, equity, and abiotic ethics are some of the issues that environmental ethics can contribute toward the protection of the Antarctic wilderness. (shrink)

First-generation college students, typically defined as those whose parents have not completed a Bachelor’s degree, have increasingly captured the attention of higher education researchers over the...

In this paper I compare two models of expert judgment: the art critic in Hume’s “Of the Standard of Taste” and the “wise man” in “Of Miracles.” The art critic is a true judge of beauty because he has made himself into a person who is optimally receptive to beauty. He possesses the virtues of taste: “Strong sense, united to delicate sentiment, improved by practice, perfected by comparison, and cleared of all prejudice” (“Of the Standard of Taste,” 241). But the (...) virtues of the art critic, I argue, are also those of the “wise man,” the person who consistently “proportions his belief to the evidence” (EHU 10.4; SBN 110). Comparison of these two characters reveals that for Hume the virtues fundamental to the art critic’s critical competence are also epistemic virtues. Hume’s exposition of aesthetic excellences should thus be of interest for virtue epistemology. Because contemporary virtue epistemologists have tended to focus almost exclusively on the relationships between intellectual and moral virtues, Hume offers something new: an account of epistemic virtues based on aesthetic virtues. (shrink)

This research applies the theory of planned behavior to corporate managers’ decision making as it relates to fraudulent financial reporting. Specifically, we conducted two studies to examine the effects of attitude, subjective norm and perceived control on managers’ decisions to violate generally accepted accounting principles (GAAP) in order to meet an earnings target and receive an annual bonus. The results suggest that the theory of planned behavior predicts whether managers’ decisions are ethical or unethical. These findings are relevant to corporate (...) leaders who seek to improve ethical work climates of organizations and to many regulators, accountants, corporate governance officials and investors. (shrink)

Postmodernity's Musical Pasts considers music after 1945 as a representation of concepts such as "historicity" and "temporality". The volume understands postmodernity as a period in which both modernism and postmodernism co-exist. It is attracted to a wider interpretation of "historicity" that focuses on the complex nexus of past-present-future. "Historicity" is understood as leaning closely on "temporality", generally thought of as the linear progression of past, present and future. The volume broadens the absolutist understanding of temporality to include processes which can (...) occur in circular, spiral, transcending and other formations. The book covers an extensive spectrum of topics from classical to popular and neo-traditional musics to concerns of the disciplines of musicology. Such a wide range of topics from both the centre and the periphery of the musicological canon mirrors the eclectic and diverse nature of the postwar era itself. The first section investigates how to understand manifestations of the past in musical composition with regard to time, on the one hand, and with regard to genre, style and idiom, on the other. A second section shows how time and history manifest themselves in art music. A third section takes the contrasts and transitional moments of post-1945 practices further by looking at the temporality of reception from different angles. A final part investigates questions of nostalgia and temporalities of belonging. TINA FR HAUF is Adjunct Assistant Professor at Columbia University, New York and serves on the faculty of The Graduate Center, CUNY. CONTRIBUTORS: Michael Arnold, Susana Asensio Llamas, Georg Burgstaller, Caitlin Carlos, Daniela Fugellie, Tina Fr hauf, John Koslovsky, Lawrence Kramer, Beate Kutschke, Laurenz L tteken, Max Noubel, Joshua S. Walden. (shrink)

In February 2016, the Institute of Medicine released a report, commissioned by the United States Food and Drug Administration, on the ethical and social‐policy implications of so‐called three‐parent in vitro fertilization. The IOM endorses commencement of clinical trials on three‐parent IVF, subject to some initial limitations. Also called mitochondrial replacement or transfer, three‐parent IVF is an intervention comprising two distinct procedures in which the genetic materials of three people—the DNA of the father and mother and the mitochondrial DNA of an (...) egg donor—can be used to create a child. Three‐parent IVF would enable a woman with mitochondrial disease to have a genetically related child without transmitting the disease to the child. The possibility for three‐parent children has prompted criticism from many corners. Critics have pointed to ethical issues including safety concerns and risks to children, genetic and germline engineering concerns, the potential exploitation of the third‐parent egg donor, donor anonymity and privacy, and objections to creating babies with three parents, which undermines natural and traditional conceptions of procreation. Additionally, developing the technology would involve experimenting on, manipulating, and disposing of embryos. Although the IOM report considers the ethical concerns about the value of the three‐parent IVF technology, the IOM failed to give due attention to an important objection to the development of this technology: three‐parent IVF lacks the social value necessary to make investment of public resources in it ethical.Unlike the other concerns, this objection is not based on conservativism about new reproductive technologies or default favoritism of the status quo. I argue that the technology does not meet a plausible social value standard to render public research investment into its development ethical. Proponents of three‐parent IVF make inaccurate and exaggerated claims that it will eradicate mitochondrial disease and save lives. Were these claims true, proponents would have a strong case for the social value of the technology. But three‐parent IVF alone will not eradicate mitochondrial disease, and it will not save lives. Rather, it can create healthy lives. As I discuss, the moral distinction is crucial. Most importantly, investment in three‐parent IVF comes at the opportunity cost of researching treatment for mitochondrial disease that would benefit actual, living disease sufferers. (shrink)

Engaging the theology of Thomas Aquinas with the psychoanalytic theory of Jacques Lacan, Tina Beattie shows how Thomism exerted a formative influence on Lacan, and how a Lacanian approach can bring new insights to Thomas's theology. Lacan makes possible a renewed Thomism which offers a rich theology of creation, incarnation, and redemption.

By means of data from the most comprehensive source of teacher data in the nation, Schools and Public School Teacher Staffing Survey (SASS), we designeda follow-up quantitative study to test the effects of two decades of national policy mandates on instructional time allotments for core academic subjects. We used data from the SASS data from National Center for Educational Statistics (NCES) (1993/1994, 1999/2000, 2003/2004, 2007/2008) to examine national trends of continued marginalization of social studies by exploring the influence of recent (...) educational policy on defining elementary curricula in the 21st Century. With the reauthorization of NCLB in 2007 and newly mandated science testing in grades 3 through 5, we sought to understand statistically how this policy change has affected instructional decisions regarding time allocated to core academic subjects (ELA, mathematics, science and social studies) in elementary schools. Findings provide evidence of the national trend of the declining role of social studies in an era in which testing is associated with importance. Moreover, grade level disparities unique to social studies intensified the effects of 2007 NCLB policy mandates of science testing for 3rd through 5th grade students. Results provide a broader and nationally generalizable understanding of the declining role of social studies in elementary schools and the reduction of time practitioners spend teaching social studies. Thus, the growing imbalance in instructional time distributions for social studies and the tipping of the time distribution scales in favor of science document teacher responses to the expansion of testing mandates and the continued absence of studies from the national testing landscape. (shrink)

Given recent advancements in CRISPR‐Cas9 powered genetic modification of gametes and embryos, both popular media and scientific articles are hailing CRISPR’s life‐saving, curative potential for people with serious monogenic diseases. But claims that CRISPR modification of gametes or embryos, a form of germline engineering, has therapeutic value are deeply mistaken. This article explains why reproductive uses of CRISPR, and germline engineering more generally, do not treat or save lives that would otherwise have a genetic disease. Reproductive uses of CRISPR create (...) healthy people whose existence is not inevitable in the first place. Creating healthy lives has distinct and lesser moral value from saving or curing lives that would otherwise have genetic disease. The real value in reproductive uses of CRISPR is in helping a very limited population of people have healthy, genetically related children. This diminished value cannot compete with the concerns in opposition to germline engineering, nor is it worth the investment of research money. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

This book philosophically explores changing conceptions of race and equality in Supreme Court decisions interpreting the Equal Protection Clause since the enactment of the 14th Amendment. It traces these changing conceptions alongside the gradual elimination of the social equality of racialized persons from the Supreme Court’s list of priorities.

Is reality static, or dynamic and relational? This book dives into the complexities of this question to reveal a new view of the relationship between thinking and being. Philosophy has traditionally considered reality as a set of static objects. This book transcends this understanding to explore the depths of relational and dynamic ontology. These explorations can be both complex and problematic as it attempts to understand and conceptualize becoming. To navigate this level of understanding, this book takes a novel path (...) into dynamic realism that is both temporal and relational, without dismissing the epistemological implications. It combines phenomenology and process ontology in a way that is neither naive nor reductive. With an appetite to challenge ways of thinking that can be argued as outdated in our rapid, interconnected world, this book will provide insight, inspiration and lead to further questioning as to the depths our understanding can go to. (shrink)