The executive board of the Academy for Ethics in Medicine and two AEM working groups formulated standards and recommendations for clinical ethics consultation in 2010, 2011, and 2013. These guidelines comply with the international standards like those set by the American Society for Bioethics and Humanities. There is no empirical data available yet that could indicate whether these standards and recommendations have been implemented in German hospitals. This desideratum is addressed in the present study. We contacted 1.858 German hospitals between (...) September 2013 and January 2014. A follow-up survey was conducted between October 2014 and January 2015. The data of the initial survey and the follow-up survey were merged and evaluated. The statements of the participants were compared with the standards and recommendations. The standards of the AEM concerning the tasks of clinical ethics consultation are employed by a majority of participants of the study. Almost all of these participants document their consultation activities by means of protocols or entries in the patient file. There are deviations from the recommendations of the AEM working groups regarding the drafting of statutes, activity reports, and financial support. The activities of clinical ethics consultation predominantly comply with the standards of the AEM and recommendations for the documentation. The recommendations for evaluation should be improved in practice. This applies particularly for activity reports in order to evaluate the activities. Internal evaluation could take place accordingly. (shrink)

According to the traditional view in the philosophy of logic facts of logic bear normative authority regarding how one ought to reason. Usually this is to mean that the relation of logical consequence between statements has some special relevance for how one’s beliefs should cohere. However, as I will argue in this article, this is just one way in which logic is normative for reasoning. For one thing, belief is not the only kind of mental state involved in reasoning. Besides (...) adopting and revising beliefs, rational agents pose and resolve questions. For another thing, the consequence relation of classical logic can be conservatively extended such that it includes logical relations between questions as well. Therefore, there is an argument to be made that not only the inference of new beliefs from extant beliefs but also the process of raising additional questions falls under the normative authority of logic. Accordingly, a nuanced account of the normativity of logic presents itself, which convincingly deals with problems such as clutter-avoidance and the paradox of the preface. (shrink)

Wilhelm Wundt: Erlebtes und Erkanntes Edition Holzinger. Taschenbuch Berliner Ausgabe, 2013 Vollständiger, durchgesehener Neusatz bearbeitet und eingerichtet von Michael Holzinger Erstdruck: Stuttgart Alfred Kröner) 1921. Textgrundlage ist die Ausgabe: Wundt, Wilhelm: Erlebtes und Erkanntes. 2. Auflage, Stuttgart: Alfred Kröner, 1921. Herausgeber der Reihe: Michael Holzinger Reihengestaltung: Viktor Harvion.

The permissibility of nudging in public policy is often assessed in terms of the conditions of transparency, rationality, and easy resistibility. This debate has produced important resources for any ethical inquiry into nudging, but it has also failed to focus sufficiently on a different yet very important question, namely: when do nudges undermine a patient’s voluntary consent to a medical procedure? In this paper, I take on this further question and, more precisely, I ask to which extent the three conditions (...) of transparency, rationality, and easy resistibility can be applied to the assessment of voluntary consent too. After presenting two examples, designed to put pressure on these three conditions, I show that, suitably modified, the three conditions can remain significant in the assessment of voluntary consent as well. However, the needed modifications are very substantial and result in a rather complicated view. To propose a tidier solution, I argue that nudging undermines voluntary consent if and only if it cannot be ‘interpersonally justified’ to the patient. I use the three modified conditions to motivate the idea of interpersonal justification and also to further specify the principles it involves. My resulting view is especially attractive because it builds on already existing insights from the debate on nudging, updates those insights with an eye to medical consent, and finally unites them in an elegant and simple framework. (shrink)

Maximilian Bergengruen analysiert den Zusammenhang von Naturwissenschaft und Theologie bei Paracelsus sowie die Übernahme zentraler Theoreme im Paracelsismus und in der Literatur des Barock.

The study aimed to explore the subjective need of healthcare professionals for ethics consultation, their experience with ethical conflicts, and expectations and objections toward a Clinical Ethics Committee. Staff at a university hospital took part in a survey (January to June 2010) using a questionnaire with open and closed questions. Descriptive data for physicians and nurses (response rate = 13.5%, n = 101) are presented. Physicians and nurses reported similar high frequencies of ethical conflicts but rated the relevance of ethical (...) issues differently. Nurses stated ethical issues as less important to physicians than to themselves. Ethical conflicts were mostly discussed with staff from one’s own profession. Respondents predominantly expected the Clinical Ethics Committee to provide competent support. Mostly, nurses feared it might have no influence on clinical practice. Findings suggest that experiences of ethical conflicts might reflect interprofessional communication patterns. Expectations and objections against Clinical Ethics Committees were multifaceted, and should be overcome by providing sufficient information. The Clinical Ethics Committee needs to take different perspectives of professions into account. (shrink)

This paper focuses on voluntary consent in the context of living organ donation. Arguing against three dominant views, I claim that voluntariness must not be equated with willingness, that voluntariness does not require the exercise of relational moral agency, and that, in cases of third-party pressure, voluntariness critically depends on the role of the surgeon and the medical team, and not just on the pressure from other people. I therefore argue that an adequate account of voluntary consent cannot understand voluntariness (...) as a purely psychological concept, that it has to be consistent with people pursuing various different conceptions of the good and that it needs to make the interaction between the person giving consent and the person receiving consent central to its approach. (shrink)

This paper focuses on the use of ‘black box’ AI in medicine and asks whether the physician needs to disclose to patients that even the best AI comes with the risks of cyberattacks, systematic bias, and a particular type of mismatch between AI’s implicit assumptions and an individual patient’s background situation.Pacecurrent clinical practice, I argue that, under certain circumstances, these risks do need to be disclosed. Otherwise, the physician either vitiates a patient’s informed consent or violates a more general obligation (...) to warn him about potentially harmful consequences. To support this view, I argue, first, that the already widely accepted conditions in the evaluation of risks, i.e. the ‘nature’ and ‘likelihood’ of risks, speak in favour of disclosure and, second, that principled objections against the disclosure of these risks do not withstand scrutiny. Moreover, I also explain that these risks are exacerbated by pandemics like the COVID-19 crisis, which further emphasises their significance. (shrink)

The proliferation of multistakeholder initiatives (MSIs) over the past years has sparked an intense debate on the political role of corporations in the governance of global business conduct. To gain a better understanding of corporate political behavior in multistakeholder governance, this article investigates how firms construct a political identity when participating in MSIs. Based on an in-depth case study of the Accord on Fire and Building Safety in Bangladesh—an MSI established after the collapse of the Rana Plaza garment factory complex (...) in 2013 to improve working conditions in the Bangladeshi garment industry—we introduce the construct of a political CSR (corporate social responsibility) identity (PCSRI) and explore how firms construct their PCSRIs in MSIs. Employing a qualitative, inductive theory-building method, we analyze interviews and archival data to develop a framework that elucidates how companies construct their PCSRIs within a continuum ranging from conservative to progressive. We show that constructing a PCSRI involves enacting specific, yet interrelated, political strategies that are themselves shaped by several forces over time. This article contributes to the literature by providing a political perspective on organizational identity construction that extends the emerging integrative perspective in political corporate social responsibility (PCSR) research. We suggest that MSIs should be conceptualized as inherently political governance mechanisms that are driven by multidirectional and dynamic political processes of identity construction. Our study shows that corporate political engagement in MSIs is a more nuanced and complex phenomenon than presently theorized. (shrink)

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution and restorative justice, for their potential to provide dialogue-based, non-judicial (...) remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations. (shrink)

This essay criticises the attempt to explain the so-called normativity of law with reference to a model of coordination conventions. After specifying the explanandum of the normativity of law, I lay out the conceptions of ‘coordination’ and ‘convention’ and how the combination of both sets out to contribute to legal philosophy. I then present two arguments against such an account. Firstly, along a reductio ad absurdum, I claim that if an account of coordination conventions tries to explain the normativity of (...) law by focusing on a coordination problem among judges it leads to self-contradiction. Secondly, I argue that even if one allows for widening the coordination problem beyond the group of judges, one is unable to account for the notion of duty. I will substantiate this second argument by distinguishing different scopes of the deontic operator “ought”. I conclude by reconsidering what explaining the normativity of law could amount to. (shrink)

I. bd. Allgemeine logik und erkenntnistheorie.- II. bd. Logik der exakten wissenschaften.- III. bd. Logik der geisteswissenschaften.

Volume 19, Issue 9, September 2019, Page 66-68.

Definition of the problem Few concepts in recent ethical debates have enjoyed as much popularity as the concept of discrimination. However, a comparative discussion of the concept, including its conceptual nuances and its ethical significance for health care, has so far been lacking. The aim of this paper is to develop a nuanced understanding of discrimination based on the philosophical and sociological literature against the background of ethically relevant medical and nursing scenarios. Methods Using practical examples from health care, we (...) discuss direct, indirect, and statistical discrimination; we examine the importance of intentions and the role of collective actors. In addition, we analyze which social groups may experience discrimination and the respective importance of forms of epistemic injustice. Conclusions We argue that despite its complexity, the concept offers significant added value because it allows us to highlight forms of disadvantage that go beyond the violation of individual specific rights or interests. As a knowledge-based system of great societal influence, health care exhibits some characteristics that can foster discrimination. Acknowledging this fact is essential in order to effectively address discrimination. (shrink)

Die Stoa zählt zu den wichtigsten philosophischen Schulen der Antike. Ihr kommt aber nicht nur eine historisch-geistesgeschichtliche Bedeutung zu - bis heute ist das Denken der Stoa in der aktuellen philosophischen Diskussion relevant. Maximilian Forschner gehört zu den renommiertesten Kennern der Stoa und ihrer Gedankenwelt. Sein großes, neues Standardwerk präsentiert die Summe seiner Beschäftigung mit der Stoa; es arbeitet die Forschung der letzten Jahrzehnte auf und ist zugleich quellennah angelegt. Im Anschluss an eine Skizze zur Geschichte der stoischen Schule (...) behandelt Forschner in systematischem Zugriff die großen Themenfelder der stoischen Philosophie - die Logik, die Physik und die Ethik der Stoa. Beigegeben ist eine ausführliche Bibliographie zur Stoa auf aktuellem Stand, die nicht nur die Sekundärliteratur, sondern auch die Fragment- und Textausgaben zu den einzelnen Autoren der stoischen Schule sowie Übersetzungen und Kommentare ausweist. (shrink)

In 2017, the German ethics commission for automated and connected driving released 20 ethical guidelines for autonomous vehicles. It is now up to the research and industrial sectors to enhance the development of autonomous vehicles based on such guidelines. In the current state of the art, we find studies on how ethical theories can be integrated. To the best of the authors’ knowledge, no framework for motion planning has yet been published which allows for the true implementation of any practical (...) ethical policies. This paper makes four contributions: Firstly, we briefly present the state of the art based on recent works concerning unavoidable accidents of autonomous vehicles (AVs) and identify further need for research. While most of the research focuses on decision strategies in moral dilemmas or crash optimization, we aim to develop an ethical trajectory planning for all situations on public roads. Secondly, we discuss several ethical theories and argue for the adoption of the theory “ethics of risk.” Thirdly, we propose a new framework for trajectory planning, with uncertainties and an assessment of risks. In this framework, we transform ethical specifications into mathematical equations and thus create the basis for the programming of an ethical trajectory. We present a risk cost function for trajectory planning that considers minimization of the overall risk, priority for the worst-off and equal treatment of people. Finally, we build a connection between the widely discussed trolley problem and our proposed framework. (shrink)

Since the beginning of the current hype around Artificial Intelligence (AI), governments, research institutions, and the industry invited ethical, legal, and social sciences (ELS) scholars to research AI’s societal challenges from various disciplinary viewpoints and perspectives. This approach builds upon the tradition of supporting research on the societal aspects of emerging sciences and technologies, which started with the Ethical, Legal, and Social Implications (ELSI) Program in the Human Genome Project (HGP) in the early 1990s. However, although a diverse ELS research (...) community has formed since then, AI’s societal challenges came to be mostly understood under the narrow framing of ethics and disconnected from the insights and experiences of past ELS research. In this article, we make up for this gap and connect insights from past ELS researchers with current approaches to research the societal challenges of AI. We analyse and summarize the history of “ELS programs” (programs that emerged since the HGP to support ELS research in a given domain) as three distinct eras: a genomics era, a nano era, and an RRI era. Each of these eras comprises several achievements and challenges relevant to ELS programs in AI research, such as the setup of independent funding bodies, the engagement of the wider public in research practice, and the increasing importance of private actors. Based on these insights, we argue that AI research currently falls back on self-regulatory, less participatory, and industry-led approaches that trouble ELS programs’ past achievements and hinder opportunities to overcome the still-existing challenges. (shrink)

Focused correlation compares the degree of association within an evidence set to the degree of association in that evidence set given that some hypothesis is true. A difference between the confirmation lent to a hypothesis by one evidence set and the confirmation lent to that hypothesis by another evidence set is robustly tracked by a difference in focused correlations of those evidence sets on that hypothesis, provided that all the individual pieces of evidence are equally, positively relevant to that hypothesis. (...) However, that result depends on a very strong equal relevance condition on individual pieces of evidence. In this essay, we prove tracking results for focused correlation analogous to Wheeler and Scheines’s results but for cases involving unequal relevance. Our result is robust as well, and we retain conditions for bidirectional tracking between incremental confirmation measures and focused correlation. (shrink)

This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party’s coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a (...) Recipient-Focus-View, holds that coercion invalidates consent only if consent was ‘obtained by’ coercion, but not if consent was ‘merely motivated by’ coercion. I explain and support my view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent and that it can deal with cases that undermine other Recipient-Focus-Views. (shrink)

In order to build on the information that was obtained in the course of the first study, a follow-up survey was conducted first by phone and subsequently in a written form between August and October 2014. We contacted 1.858 hospitals in all of Germany for the follow-up survey by phone. In cases where a hospital had not participated in the first study, the willingness to participate in the follow-up survey was established in advance. The survey’s dispatch was ensured in the (...) case of acceptance. The same structured survey was used as a research tool. The data of the first study and the follow-up survey were merged and evaluated. 654 surveys could be evaluated altogether. Our survey by phone revealed that 912 hospitals in all of Germany have at least one form of clinical ethics consultation available. The health care ethics committee is the most frequently implemented structure of clinical ethics consultation. The implementation of clinical ethics consultation is dependent on sponsorship and hospital size. Recommendations to deliver structures of clinical ethics consultations have a smaller influence on the implementation compared to the certification by KTQ respectively proCum Cert. The rate of implementation in regard to the structures of clinical ethics consultation has steadily increased for years. The establishment of clinical ethics consultation in German hospitals should be further promoted. It would be desirable further to develop suitable juridical regulations in order to implement clinical ethics consultation as well as structural parameters. (shrink)

People can be uncertain in their moral judgments. Philosophers have argued that such uncertainty can either refer to the underlying empirical facts (empirical uncertainty) or to the normative evaluation of these facts itself (normative uncertainty). Psychological investigations of this distinction, however, are rare. In this paper, we combined factor-analytical and experimental approaches to show that empirical and normative uncertainty describe two related but different psychological states. In Study 1, we asked N = 265 participants to describe a case of moral (...) uncertainty and to rate different aspects of their uncertainty about this case. Across this wide range of moral scenarios, our items loaded onto three reliable factors: lack of information, unclear consequences, and normative uncertainty. In Study 2, we confirmed this factor structure using predefined stimulus material. N = 402 participants each rated eight scenarios that systematically varied in their degree of uncertainty regarding the consequences of the described actions and in the value conflict that was inherent to them. The empirical uncertainty factors were mainly affected by the introduction of uncertainty regarding consequences, and the normative uncertainty factor was mainly affected by the introduction of value conflict. Our studies provide evidence that the distinction between empirical and normative uncertainty accurately describes a psychological reality. We discuss the relevance of our findings for research on moral judgments and decision-making, and folk metaethics. (shrink)

The study aimed to explore the subjective need of healthcare professionals for ethics consultation, their experience with ethical conflicts, and expectations and objections toward a Clinical Ethics Committee. Staff at a university hospital took part in a survey (January to June 2010) using a questionnaire with open and closed questions. Descriptive data for physicians and nurses (response rate = 13.5%, n = 101) are presented. Physicians and nurses reported similar high frequencies of ethical conflicts but rated the relevance of ethical (...) issues differently. Nurses stated ethical issues as less important to physicians than to themselves. Ethical conflicts were mostly discussed with staff from one’s own profession. Respondents predominantly expected the Clinical Ethics Committee to provide competent support. Mostly, nurses feared it might have no influence on clinical practice. Findings suggest that experiences of ethical conflicts might reflect interprofessional communication patterns. Expectations and objections against Clinical Ethics Committees were multifaceted, and should be overcome by providing sufficient information. The Clinical Ethics Committee needs to take different perspectives of professions into account. (shrink)

Taboos restrict what could but should not be done or said in relation to topics such as bodies and their effluvia, disease, death and killing, or food consumption (Allan & Burridge, 2006, p. 1). In...

Even if we know all relevant descriptive facts about an act, we can still be uncertain about its moral acceptability. Most literature on how to act under such normative uncertainty operates on moral realism, the metaethical view that there are objective moral facts. Lay people largely report anti-realist intuitions, which poses the question of how these intuitions affect their interpretation and handling of normative uncertainty. Results from two quasi-experimental studies (total N = 365) revealed that most people did not interpret (...) normative uncertainty as referring to objective moral facts but rather as uncertainty regarding one’s own view, uncertainty regarding the culturally accepted view or as the result of ambivalence. Especially the anti-realist majority of participants interpreted normative uncertainty different to how it is described in the literature on choice under normative uncertainty. Metaethical views were also associated with lay peoples’ choice of uncertainty reduction strategies and with assumptions about the intended aim of such strategies. The current findings suggest that empirical investigations of normative uncertainty might benefit from considering folk metaethical pluralism, as the lay public largely disagrees with the metaethical assumptions underlying the current discourse on choice under normative uncertainty. (shrink)

In the chapter on Observing Reason in the Phenomenology, as well as in §368 of the Philosophy of Nature, Hegel deals with the life sciences of his time. There, he labels the methodology of its representatives, namely zoology and comparative anatomy, as external teleology. In this paper I want to show that by doing so he is actually discussing a general kind of functionalism. Thereby, I want to highlight a line of thought in Hegel's texts which represents a productive reading (...) of external teleology contrary to a destructive reading on which scholars have mainly focussed. (shrink)

Artificial intelligence increasingly executes tasks that previously only humans could do, such as drive a car, fight in war, or perform a medical operation. However, as the very best AI systems tend to be the least controllable and the least transparent, some scholars argued that humans can no longer be morally responsible for some of the AI-caused outcomes, which would then result in a responsibility gap. In this paper, I assume, for the sake of argument, that at least some of (...) the most sophisticated AI systems do indeed create responsibility gaps, and I ask whether we can bridge these gaps at will, viz. whether certain people could take responsibility for AI-caused harm simply by performing a certain speech act, just as people can give permission for something simply by performing the act of consent. So understood, taking responsibility would be a genuine normative power. I first discuss and reject the view of Champagne and Tonkens, who advocate a view of taking liability. According to this view, a military commander can and must, ahead of time, accept liability to blame and punishment for any harm caused by autonomous weapon systems under her command. I then defend my own proposal of taking answerability, viz. the view that people can makes themselves morally answerable for the harm caused by AI systems, not only ahead of time but also when harm has already been caused. (shrink)

Foundational investigations in quantum mechanics, both experimental and theoretical, gave birth to the field of quantum information science. Nevertheless, the foundations of quantum mechanics themselves remain hotly debated in the scientific community, and no consensus on essential questions has been reached. Here, we present the results of a poll carried out among 33 participants of a conference on the foundations of quantum mechanics. The participants completed a questionnaire containing 16 multiple-choice questions probing opinions on quantum-foundational issues. Participants included physicists, philosophers, (...) and mathematicians. We describe our findings, identify commonly held views, and determine strong, medium, and weak correlations between the answers. Our study provides a unique snapshot of current views in the field of quantum foundations, as well as an analysis of the relationships between these views. (shrink)

Am Ende der von Georg Bernardt SJ verfassten Dramen Theophilus Cilix (1621) und Tundalus redivivus (1622) tritt Faustus auf, dessen Verdammnis jeweils der Rettung des Protagonisten gegenübergestellt wird. Im Vergleich mit der Historia von D. Johann Fausten (1587) lassen die Differenzen in Hinsicht auf Büß Verständnis und Willensfreiheit eine kontroverstheologische Polemik erkennen.

Today's societies are confronted by a daily biodiversity loss, which will increase in the face of climate change and environmental pollution. Biodiversity loss is a particularly severe problem in so-called biodiversity hotspots. Ecuador is an example of a country that hosts two different biodiversity hotspots. Human behavior - in developing as well as in industrial countries such as Germany - must be considered as one of the most important direct and indirect drivers of this global trend and thus plays a (...) crucial role in environmentalism and biodiversity conservation. Nature relatedness and environmental concern have been identified as important environmental psychological factors related to people's pro-environmental behavior. However, the human-nature relationship depends on a variety of other factors, such as values, gender, nationality, qualities of environmental concern and time spent in nature. This study compared young people from Ecuador and Germany with regard to their nature relatedness and environmental concern. Furthermore, the role of the aforementioned factors was investigated. In total, we surveyed 2,173 high school students from Germany (Mage = 14.56 years, SD = 1.45; female: 55.1%) and 451 high school students from Ecuador (Mage = 14.63 years, SD = 1.77; female: 55.3%). We found that young Ecuadorians were more related to nature than young people from Germany. Additionally, we found country-specific differences in the structure of environmental concern and in the role of gender in the explanation of biospheric environmental concern and nature relatedness. In both samples, the self-transcendence value cluster was a significant positive predictor for biospheric environmental concern and nature relatedness. Time spent in nature was a significant positive predictor for nature relatedness in both samples. The results are an empirical basis for the assumption of culture-specific differences in human-nature relationships. (shrink)