Cet article analyse la situation des femmes dans la Pologne post-stalinienne à partir de la notion féministe de backlash utilisée par Susan Faludi à propos de l’Amérique des années 1980. Dans le cas polonais, le backlash concerne la participation des femmes au marché du travail et les discours sur les rôles sociaux qu’elles doivent assumer. Il est un élément d’une nouvelle stratégie de légitimation du pouvoir communiste qui donne la preuve de son caractère national et traditionnel en restaurant un ordre (...) de genre en matière de sphère privée et de famille. Avec comme conséquence le fait que la situation des femmes se définit par la coexistence ambiguë d’émancipation et de tradition. (shrink)

The author analyzes recent Polish debates on researching silenced aspects of national history and the problem of the "collective guilt". One of the major questions arising in these debates is: does the study of "white spots" from the past lead to a trauma of continuous collective self-blame? In Poland, a specialized institution, the Institute of National Memory, was founded in 1998, engaging in research, documentation and public education on events related to German and Soviet occupation during WWII and the (...) activity of political police under communism. Polish debates on the past got particularly inflamed after the discovery made by the historian J.T.Gross on the participation of Poles in the massacre of Jewish inhabitants of the town of Jedwabne in 1941. His book published in 2000 provoked a heated debate in which methodological, political and moral arguments were used on both sides. This case also occasioned a polemic between two prominent historians, identifying two basic visions of national history: the "monumental" one, recognizing only the heroic deeds that the nation takes pride in, and the "skeptical" one, which looks for silenced and shameful facts. Though both participants in the polemic opt for the third vision, the "objective" history which dispassionately seeks the truth, one of them stresses the role of the monumental history in maintaining the cohesion of the national community, while the other emphasizes that the collective acknowledgement of the nation's crimes can be a basis for national pride.. U ovom clanku autor analizira debate koje se u Poljskoj vode oko istrazivanja precutanih aspekata nacionalne istorije i problema "kolektivne krivice". Jedno od osnovnih pitanja koja se u tim debatama namecu glasi: da li se istrazivanje "belih mrlja" iz proslosti moze, ili cak mora, pretvoriti u traumu neprekidnog kolektivnog samooptuzivanja? U Poljskoj je 1998. osnovana specijalizovana ustanova, Institut nacionalnog pamcenja, koji se bavi istrazivanjem, dokumentacijom i javnom edukacijom o dogadjajima vezanim za nemacku i sovjetsku okupaciju tokom II svetskog rata i delovanje politicke policije za vreme komunizma. Poljske debate o proslosti posebno je rasplamsalo otkrice istoricara J.T. Grosa o ucescu Poljaka u istrebljenju jevrejskog stanovnistva gradica Jedvabne 1941. godine. U zaostrenoj polemici koju je Grosova knjiga, objavljena 2000. godine, izazvala u strucnoj i siroj javnosti korisceni su argumenti metodoloske, politicke i moralne prirode. Ovaj slucaj je takodje posluzio kao povod za polemiku dvojice istaknutih istoricara u kojoj su identifikovane dve osnovne vizije nacionalne istorije: "monumentalna", koja priznaje samo herojska dela kojima se nacija ponosi, i "skepticna", koja traga za precutanim cinjenicama zbog kojih se treba stideti. Iako se oba ucesnika u polemici zalazu za trecu, "objektivnu" istoriju koja ce bez strasti tragati za istinom, jedan od njih naglasava ulogu monumentalne istorije u ocuvanju kohezivnosti nacionalne zajednice, dok drugi istice da i kolektivno priznanje sopstvenih zlocina moze biti osnova za nacionalni ponos. (shrink)

The study area was a small lowland river valley (the Łęg river) located in the south-east of Poland. The object of investigation was the macrophytes of 10 river lakes with corresponding active river channel stretches of the same length as the cut-offs. The aim was to check the difference in species diversity between cut-off and active river channels. The second aim was to test the following hypothesis: vegetation of river lake has been shaped under the influence of contiguous river (...) stretch which has left a measurable mark in species abundance and composition. To test this, we checked whether a cut-off channel’s flora is more similar to flora of the contiguous river stretch, than to flora of a farther river stretch. During the course of the study it was found that the average species richness was approximately two times higher in the cut-off channels than in the river stretches. The number of the species exclusive for the river lakes was nine times higher in comparison with the river’s exclusives (not found in the cut-offs). The Shannon diversity index definitely spoke in favor of the river lakes. These results clearly show the significance of river lakes in maintaining biodiversity of aquatic ecosystems in a small river valley. We did not confirm our hypothesis concerning floristic relation between an active channel and its cut-offs. The floristic similarity between a given cut-off channel and the contiguous active river channel stretch is not stronger than the similarity between this lake and more distant river stretches. The cause of such a state of affairs may be high natural dynamics of investigated habitats and anthropogenic transformation of the river valley. (shrink)

An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- (...) Résumé L’analyse des fondements axiologiques de la Constitution polonaise de 1997, inscrits avant tout dans le préambule, permet de formuler la thèse selon laquelle cette axiologie n’est pas, en principe, éclectique. La réflexion sur les valeurs s’inscrit dans la vision classique des fondements du droit, remontant à l’antiquité. Partant de là, se dégage une tradition juridique appuyée sur le droit naturel, reconnaissant la force objective des valeurs et du droit. Ces conclusions rejoignent l’axiologie classique de la protection internationale des droits de l’Homme. -/- Zusammenfassung Die Analyse der vor allem durch die Präambel definierten axiologischen Grundlagen der Verfassung der Republik Polen von 1997 ermöglicht die Aufstellung der These, dass diese Axiologie nicht eklektisch ist, zumindest nicht prinzipiell. Hier enthüllt sich ein Denken von den Werten, das sich in die klassische, bis in die Antike zurückreichende Reflexion über die Grundlagen des Rechts einfügt. Wegen der metaaxiologischen Entscheidungen ist das eine Tradition naturrechtlichen Typs, die die objektive Begründung der Werte und des Rechts anerkennt. Die angenommenen Lösungen stimmen auch mit der für den internationalen Schutz der Menschenrechte typischen Axiologie überein. (shrink)

“The influence of [Kazimierz] Twardowski on modern philosophy in Poland is all-pervasive. Twardowski instilled in his students a passion for clarity [. . .] and seriousness. He taught them to regard philosophy as a collaborative effort, a matter of disciplined discussion and argument, and he encouraged them to train themselves thoroughly in at least one extra-philosophical discipline and to work together with scientists from other fields, both inside Poland and internationally. This led above all [. . .] to (...) collaborations with mathematicians, so that the Lvov school of philosophy would gradually evolve into the Warsaw school of logic [. . .]. Twardowski taught his students, too, to respect and to pursue serious research in the history of philosophy, an aspect of the tradition of philosophy on Polish territory which is illustrated in such disparate works as [Jan] Łukasiewicz’s ground-breaking monograph on the law of non-contradiction in Aristotle and [Władysław] Tatarkiewicz’s highly influential multi-volume histories of philosophy and aesthetics. [. . .] The term ‘Polish philosophy’ is a misnomer [. . .] for Polish philosophy is philosophy per se; it is part and parcel of the mainstream of world philosophy – simply because [. . .] it meets international standards of training, rigour, professionalism and specialization.”– Barry Smith, “Why Polish Philosophy does Not Exist”. (shrink)

When Communism collapsed in Central and Eastern Europe women seemed to lose the control they had gained over their reproductive lives. Abortion rights became more limited as did access to childcare and maternity benefits. The authors argue that this picture conceals two key points. First, the effects of both Communism and post-Communism for women's reproductive lives need to be understood as byproducts of state initiatives geared towards the fulfilment of quite different political goals – and not attempts to intervene in (...) women's health and well-being per se. Second, these effects are very varied and cannot be attributed to a single cause. ‘Central and Eastern Europe’ comprises a whole range of political, ethnic and religious groupings, the result being that women's reproductive lives have been shaped within a diversity of political processes. Some women have faced pressures from the state to reproduce, some have lost the conditions necessary for them to continue paid work after childbirth, others have lost abortion rights. To understand these very different outcomes of post-Communism, this article looks beyond women's issues per se to unravel their role as symbolic resources which have been drawn upon in power struggles taking place in political arenas which exclude the majority of women. This argument is elaborated through empirical evidence from Poland, Serbia and East Germany. (shrink)

Le terme « langue de bois » est d’une extrême polysémie en français. Il n’en a pas toujours été ainsi : apparu dans les années 1980, le mot est un emprunt au russe, par l’intermédiaire, semble-t-il, du polonais, au moment des événements de Gdansk et du mouvement lancé par le syndicat Solidarność. Comment un terme servant à qualifier la langue d’un régime totalitaire, synonyme de novlangue orwellienne, en est-il venu à couvrir une si grande variété d’emplois, le rendant intraduisible ? (...) L’explication se trouve chez Orwell : dans un article célèbre portant sur la langue de la politique, il soutient que la déformation de la vérité n’est pas l’apanage des régimes totalitaires. Aujourd’hui, l’heure est au « parler vrai » : mais force est de constater que ce n’est là, bien souvent, que le dernier avatar en date de la langue de bois.The term « langue de bois » is highly polysemic in French and has no single translation in English. The term appeared in France in the 1980s as a borrowing from the Russian « yezik douba » meaning « tongue of oak », possibly via Poland at the time of the events in Gdansk and the movement started by the Solidarność trade union. How did a term used to describe the language of a totalitarian state, coined by George Orwell as « newspeak », come to be used in so many different ways? Orwell himself provides the explanation: in a celebrated article on the language of politics, he argues that subverting the truth is not an exclusive mark of totalitarian regimes. Today, we have a form of expression known as « straight talk », which, when it comes out of the mouths of spin doctors, could well be seen as the latest incarnation of newspeak. (shrink)

Millions of Jews who were committed to the Halacha, the Jewish code of law, were under Nazi rule and control during the Second World War. Various sources indicate that during the Holocaust, such Jews petitioned rabbis and Halacha sages with questions on halachic matters, both of a ritual nature as well as a legal nature. Due to the tremendous profusion during the Holocaust of situations in which the matter of preferring one life over another arose, one would expect to find (...) an abundance of halachic questions dealing with subjects related to this matter. There are two main situations in which the matter of preferring one life over another emerges. The one typical case involves saving the life of a person in peril, where the central question that arises is whether there is a duty to endanger oneself in order to save the life of another, whether there is a prohibition on doing this, or whether this is permitted and, perhaps even recommended, but not a duty per se. The second typical instance is when a power-wielding entity with authority demands that someone be handed over and if this is not complied with, another person will be harmed. A great deal of comprehensive discussion was devoted to these two sitituations in the halachic sources throughout the ages, beginning from the period of the Talmud and thereafter. These matters were given particularly prominent and thorough consideration in the teachings of the halachic sages of Poland during the period in which the Jews enjoyed broad judicial and community autonomy. These sources could have served the halachic,sages during the Holocaust, the overwhelming majority of whom were to be found in Poland and the neighboring countries in Eastern Europe. However, most surprisingly, we have almost no evidence of any real hcilachic grappling with situations of weighing one life against another during the Holocaust. The author maintains that the reason for this silence does not derive from a massive loss of testimonies during the Holocaust, but, rather stems from the fact that the Holocaust is a "black hole" in the human experience. In the face of this experience, created by the Germans, even the Halacha, which regulates totally the life of the observant Jew, stood dumbfounded, regarding it as a Singularity, in the physics sense of the term - that is to say, a situation in which defined laws and legal rules cease to exist. (shrink)

Članek se osredotoča na to, kako sta Plinij Starejši v svojem delu Hi­storia Naturalis in Nikolaj Poljski v njemu pripisanem medicinskem traktatu Experimenta predstavila in opisala načine za pripravo kač v medicinske namene. Razprava razišče povezave in stične točke med obema besediloma, predvsem v smislu njunih navodil za uporabo pripravkov iz kač ter učinkov njihove rabe na zdravje ljudi, ter obrav­nava vrsto bolezni, znanih že v antiki, ki so pestile tudi Nikolajeve sodobnike.

La chute des régimes communistes en Europe médiane en 1989 a eu des effets retentissants sur les conceptions et les usages du patrimoine. En effet, dans l’immédiat postsocialisme, l’attention s’est d’abord portée sur les symboles les plus visibles de l’ordre politique déchu voués à la destruction, tandis que les héritages antérieurs à 1945 ont été repatrimonialisés. Mais les héritages matériels de la période communiste visibles dans l’espace urbain sont loin de se résumer aux monuments et aux lieux de pouvoir : (...) ils sont présents également dans les odonymes, des bâtiments utilitaires (usines, magasins, édifices culturels, etc.) ou résidentiels, construits entre 1945 et 1990, qui constituent des éléments de l’environnement urbain quotidien. Indépendamment de leur portée symbolique, nous nous intéressons dans cet article à ces héritages ordinaires du passé socialiste. La question des temporalités de leur patrimonialisation se pose de manière singulière : immédiatement détruits pour cer... (shrink)

Trois années s’étaient écoulées entre la parution à New-York en 1985 de The Destruction of the European Jews, l’ouvrage monumental de Raul Hilberg sur la Shoah, et son édition en traduction française, aux éditions Fayard. C’est aussi rapidement que fut édité en langue française Ordinary Men. Reserve Police Battalion 101 and the Final Solution in Poland, ouvrage paru en 1992 d’un de ses élèves, Christopher R. Browning, qui en aborde un aspect jusqu’à présent peu étudié. C’est en utilisant les...

Addictive behavior threatens not just the addict's happiness and health but also the welfare and well-being of others. It represents a loss of self-control and a variety of other cognitive impairments and behavioral deficits. An addict may say, "I couldn't help myself." But questions arise: are we responsible for our addictions? And what responsibilities do others have to help us? This volume offers a range of perspectives on addiction and responsibility and how the two are bound together. Distinguished contributors -- (...) from theorists to clinicians, from neuroscientists and psychologists to philosophers and legal scholars -- discuss these questions in essays using a variety of conceptual and investigative tools. Some contributors offer models of addiction-related phenomena, including theories of incentive sensitization, ego-depletion, and pathological affect; others address such traditional philosophical questions as free will and agency, mind-body, and other minds. Two essays, written by scholars who were themselves addicts, attempt to integrate first-person phenomenological accounts with the third-person perspective of the sciences. Contributors distinguish among moral responsibility, legal responsibility, and the ethical responsibility of clinicians and researchers. Taken together, the essays offer a forceful argument that we cannot fully understand addiction if we do not also understand responsibility. (shrink)

This chapter contains section titled: Introduction Chomsky's Challenge Methodological Physicalism.

The aim of this paper is to examine the usefulness of the Machamer, Darden, and Craver (2000) mechanism approach to gaining an understanding of explanation in cognitive neuroscience. We argue that although the mechanism approach can capture many aspects of explanation in cognitive neuroscience, it cannot capture everything. In particular, it cannot completely capture all aspects of the content and significance of mental representations or the evaluative features constitutive of psychopathology.

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to initiating (...) human gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.3 (2002) 305-323 [Access article in PDF] Scope Note 41 Bioethics and Cloning, Part I Susan Cartier Poland and Laura Jane Bishop This is Part One of a two part Scope Note on Bioethics and Cloning. Part Two will be published in the December 2002 issue of the Kennedy Institute of Ethics Journal and as a separate reprint. Contents For Parts 1 And (...) 2 Part 1Part 2I.History of the ScienceI.Ethical PerspectivesII.Historical CommentaryII.Religious PerspectivesIII.Animal WelfareIII.Fiction and FilmIV.Laws and Legal Literature"Clone" is a collective noun (I, Stewart 1997, p. 771). A collective noun names a group and is composed of individual members, such as "herd" or "flock." Derived from the Greek kl¯on for twig or slip, "clone" was first used in biology to describe the aggregate of asexually produced progeny of an individual, either naturally occurring or man-made; the definition later expanded to mean a group of genetically identical members who originate from a single ancestor. Thus, a clone is a group that results from the process of asexual reproduction.In nature, cloning occurs either by parthenogenesis (reproduction without fertilization) or by fission (embryo splitting). In a pioneering experiment in 1952, Robert Briggs and Thomas J. King (I, 1952), cancer researchers at the Institute for Cancer Research (today part of the Fox Chase Cancer Center) in Philadelphia, demonstrated on frogs another method of cloning by transplanting nuclei into enucleated cells, a technique called "nuclear transplantation," which John B. Gurdon and colleagues (I, 1958, 1975) used to create clones of frogs.Then, in the late 1970s and early 1980s, two back-to-back frauds in cloning occurred. First, the cloning of a human described by American science journalist David Rorvik in the 1978 book In His Image was called a hoax by a court in [End Page 305] 1982. Second, the cloning of three mice, announced by German wunderkind Karl Illmensee to scientific circles in 1979 (and to the public in 1981), could not be proven to be true, according to convincing evidence by McGrath and Solter (I) published in 1984.With their pronouncement that mammalian cloning was impossible, McGrath and Solter essentially stopped cloning research and funding for such biological research. So by the mid-1980s, instead of further investigating cloning, developmental biologists studied embryology related to in vitro fertilization, while molecular biologists studied recombinant DNA under the newly relaxed NIH guidelines. These two strands of scientific investigation came together in the work of Ian Wilmut, who created in vitro embryos using nuclear transplantation to reproduce genetically engineered cattle. Wilmut was seeking a way to increase the successful birth rate when, in the 1990s, he produced identical twin sheep, Megan and Morag, cloned from an embryonic cell, followed by another sheep, Dolly, cloned from an adult cell. The birth of a mammal from an embryo whose genetic material came from an adult cell firmly re-established the possibility of cloning from adults. Prior to Dolly's birth, scientists believed that adult cells lost the ability to dedifferentiate—i.e., to become unspecialized—and so could not direct the development of an embryo through to birth.The 1997 announcement of Dolly's birth initiated the present widespread discussion of cloning. Because of its potentially vast applications across human health, medicine, agriculture, and business/economics, cloning raises a host of issues including those concerning: genetics and genetic engineering, patenting, animal rights and/or animal welfare (especially for transgenic, research, or cloned animals), organ transplantation, reproduction, eugenics, pharmacology (drug production using transgenic animals), research practices, informed consent, stem cell research, women's rights, children's rights, parental rights and responsibilities, and theology and philosophy. It fosters questions about the meaning and purpose of life, the limits of human powers to intervene in research and therapy, and what it means to be human or animal. In addition, environmentalists and organic farmers raise concerns about the effect of novel animals and plants on the environment, while nutritionists and the lay public wonder... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 211-218 [Access article in PDF] Bioethics, Biolaw, and Western Legal Heritage Susan Cartier Poland Bioethics and biolaw are two philosophical approaches that address social tension and conflict caused by emerging bioscientific and biomedical research and application. Both reflect their respective, yet different, heritages in Western law. Bioethics can be defined as "the research and practice, generally interdisciplinary in nature, which aims (...) to clarify or resolve ethical questions raised by the advances and application of biomedical and biological sciences" (II, Miller 2000, p. 246). Biolaw, on the other hand, is a legal philosophical concept that can be defined as "the taking of agreed upon principles and practices of bioethics into law with the sanctions that law engenders" (p. 246). Some see biolaw as hierarchical, either evolving from or devolving into bioethics (p. 245), while others think of bioethics and biolaw as a continuum or gradation (p. 246). Whichever view one takes, bioethics and biolaw are, at the least, intertwined (II, Loureiro 2000, p. 71).Although bioethics came out of the U.S. in the 1970s, the field is now considered Anglo-American (II, Kemp 2000a, p. 67). Biolaw emerged in the 1990s from the French biodroit and has become associated with continental Europe (p. 68). These distinctions, however, are based on geopolitical entities. Another way to distinguish bioethics from biolaw is to look at their legal heritage and understand the differences between the common law and the civil law.Bioethics and biolaw share a Western legal heritage, specifically roots in Roman law. When the Roman empire in the West fell to Germanic tribes in 476 A.D., the Romans had developed a sophisticated system of law that included flexible standards and abstract, rather than concrete, modes of thought. In 528, Justinian, emperor of the surviving Roman empire in the East at Constantinople, ordered a compilation and consolidation of Roman law. Despite the rise of seventh century Islam, the split of the Christian church into eastern and western branches in 1054, and the Norman conquest of England in 1066, Roman law survived through the courts of canon law and was revived later in the twelfth century at the University of Bologna in Italy. By 1500, what would later become France and Germany had [End Page 211] "received" or recognized Roman law, albeit in varying degrees. Not a single event, the Reception, or "direct acceptance of Roman law as a principal source of law," is the definitive turning point in Western legal history that eventually produced the common law and civil law strands (I, Von Mehren 1957, p. 10).England, however, did not participate in the Reception, although its influence was felt at Oxford University, where Vacarious taught its precepts in 1151, and in the courts of canon law (I, Von Mehren 1957, p. 10). William the Conqueror already essentially had established the common law tradition when he merged Anglo-Saxon law with Norman law and created a centralized system of justice administration for the single fiefdom known as England.Aside from historical development, the common law and the civil law differ from other legal families in terms of their modes of thought, institutions, sources, and ideology (I, Zweigert and Kotz 1977, p. 62). In the common law, Roman legal concepts were shaped by Christian ethics through the canon law courts. In the civil law, Roman law became the basis for a legal science centered in the universities and interpreted by various schools, such as the commentators, the glossators, and the humanists. The civil law uses a central text as the starting point for legal reasoning and analysis. The common law develops over time through case law, that is, by judges applying principles from preceding cases to resolve the issue at hand. One writer describes the common law as "anything that is not prohibited is permitted" and the civil law as "anything that is not permitted is prohibited" (I, Karambelas 2005, p. 28).The common law and the civil law are only two of the three traditions in Western law. The third is socialist law. All three are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to (...) direct a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.3 (2000) 265-281 [Access article in PDF] Scope Note 39 Genes, Patents, and Bioethics-Will History Repeat Itself? Susan Cartier Poland Gene patenting--the very notion sounds absurd! How can anyone claim to have invented the genes with which one is born? To make matters worse, genetic makeup precedes birth, meaning the existence of the invention predates the existence of the inventor. So, do we (...) really own our genes, or do they belong to our parents, or our governments, or a Supreme Being? Ownership is only one bioethical issue involved in gene patenting. But before looking at the issues, some essential and basic terms must be understood, namely genes and patents. Genes In his book On the Origin of Species, published in 1859, the biologist Charles Darwin proposed a theory called "natural selection," whereby living things changed over time or evolved through generations due to competition and variation. By experimenting with the garden pea in the 1860s, Gregor Mendel, a monk and accomplished horticulturalist, provided the mechanism of inheritance supporting the natural selection theory of his contemporary Darwin. That mechanism is the gene, or, as Mendel described it, a discrete "factor." The gene has also been defined as "the fundamental unit of heredity" (United States 1987, p. 157). Each individual has two copies of a gene, one from each parent, but that individual passes down to offspring only one of the two copies. Because of Mendel, the gene has become a scientific concept and the basis of a new scientific field: genetics.David C. Page (2000) of the Whitehead Institute for Biomedical Research at the Massachusetts Institute of Technology explained today's terms for genetics structures using an analogy taken from the home. In his view, the cell is a kitchen, the genome is a shelf in the kitchen, the chromosome is a cookbook on the shelf, the gene is a recipe in the cookbook, and a base-pair (either adenine with thymine or guanine with cytosine) is a single letter in the recipe. A protein, the [End Page 265] working molecule blueprinted by a gene, is a dish ready to eat, and an ingredient in the dish is an amino acid, which is a building block of the protein as specified by a string of base-pairs.Colin Tudge (1993), a British science journalist, would disagree with Page's description of the gene as a recipe. A recipe is like a blueprint: both are directions that precede the work. But a gene is not passive according to Tudge; it actively administers the cell's work, and it also responds to cellular events (Aldridge 1996).The current focus of scientific research and funding is on the gene and the completion of the sequencing of all the genes that comprise the human genome, portrayed in the press as a race between the U.S. government's Human Genome Project and the private corporation Celera Genomics. The real action, however, is at the protein level. The gene only holds the information to produce a protein; it is the three-dimensional shaped protein that does the work. In order to produce energy, eliminate waste, and perform other functions specific to a cell or tissue, proteins must bind, thus creating "biological pathways." Proteins bind (or not) and detach as a function of their shapes, which are determined by their precise chemical composition as spelled out in their genetic code. IBM will spend the next five years making one computer, Blue Gene, that will then take an entire year to come up with the chemical map for only one protein (Gillis 2000). It is estimated that there are about 40,000 proteins in the human body.Despite these overwhelming numbers, modern biology has been able to achieve significant results within the Human Genome Project's 15-year time frame, from 1990 to 2005. The genetic map was completed in 1993; the physical map was completed in 1995; and the genetic sequence is expected to be completed in 2002, with 97 to 99 percent completed as of 26 June 2000. This... (shrink)

Wśród kluczowych wyzwań rozwojowych Polski na początku XXI wieku znajdują ograniczanie negatywnych efektów procesu starzenia się społeczeństwa oraz wzrost kapitału społecznego obywateli, ich umiejętności współpracy przy rozwiązywaniu problemów w różnych sferach życia społecznego i gospodarczego. Artykuł przybliża łączną analizę tych zagadnień w odniesieniu do kształtowania kapitału społecznego ludzi starych. Kolejno omówione zostają podstawowe pojęcia wykorzystywane w dyskursie o aktywizacji społecznej osób starszych, założenia kształtowania współczesnych wielopoziomowych polityk publicznych w tym zakresie oraz typologie przykładowych rozwiązań na rzecz budowy zasobów kapitału społecznego. (...) ** Among the key development challenges at the beginning of 21st century in Poland are reducing negative effects of an ageing population and increasing the social capital of citizens, their ability to work together to solve problems in various areas of social and economic development. Article brings analysis of these issues in relation to shaping older people social capital. Consecutively discussed are: the basic terms used in the discourse of social activation of the elderly, the assumptions of modern multi-level shaping of public policies in this area as well as typologies of sample solutions for building social capital resources. (shrink)

The old adage has two people out hiking who run into a bear. One starts running while the other asks ‘why are you running? You can’t outrun a bear’. To which the other responds, ‘I don’t have to outrun the bear. I only have to outrun you’. Hiking/trekking is not typically a competitive endeavor characterized by contests but, like many endeavors/pursuits/activities, competition can be injected into it; thereby sportifying it. Swimming is a sport (under certain conditions). At the same time, (...) it is also a recreational activity and a form of physical exercise; likewise angling/fishing, climbing, cross-country skiing, mountain biking, kayaking, rowing, surfing, et al. The categorization of many activities under the umbrella of sport has it uses to understand the wider concept of what is sport, but the purpose of why one engages in ‘physical activities taking place in a natural environment’ can sometimes be more important than whether some activities might or might not qualify to be classified under the rubric of sports at all. Indicators exist to show whether participants are actually engaged toward—driven in a way, even—to further their skills in their focused activity (if it is a focused activity at all!––i.e. a ‘serious leisure’ pursuit or just a recreational hobby). From this perspective (of looking at sport-like and sporting activities in other than Olympic-style forms) this paper explores the differentiations between sport (including nature sport) contests, nature challenge activities (NCAs) and outdoor recreation from the standpoint of the most relevant factors that distinguish them: rules, skill development, purpose for engaging in them. This paper also makes the case that differentiating participants in the above activities by purpose (as either nature challenge recreationalists or nature sport devotees) has utility; to better help research into people’s engagement in physical activities in natural environments. (shrink)

Cet article présente des arguments selon lesquels le concept de schizophrénie est un stéréotype préjudiciable qu’il vaudrait mieux éliminer de la recherche et de la pratique clinique. Les obstacles à une telle élimination sont repérés, et nous discutons des stratégies pour les surmonter.The paper presents arguments for the claim that the concept of schizophrenia is a harmful stereotype that is best eliminated from research and clinical practice. Obstacles to such elimination are identified and strategies for overcoming them are discussed.

In Explaining Attitudes, Lynne Rudder Baker considers two views of what it is to have a propositional attitude, the Standard View and Pragmatic Realism, and attempts to argue for Pragmatic Realism. The Standard View is, roughly, the view that “the attitudes, if there are any, are particular brain states”. In contrast, Pragmatic Realism that a person has a propositional attitude if and only if there are certain counterfactuals true of that person.Baker’s case against the Standard View is a complex one. (...) One aspect of that case is that there are no good general arguments for the Standard View. We argue that one of the three she considers, an argument from causal explanation, can be defended. The problematic premise, according to Baker, is the claim that unless beliefs are [identical to, constituted by, or realized by] brain states, they cannot causally explain behavior. Baker tackles this premise in two ways: in Chapter 4, she attempts to undermine the brain-explain thesis by taking issue with the conception of causal explanation that she believes supports it; in Chapter 5, she argues against the brain-explain thesis directly, by attempting to show that it is false, whether or not the Standard View is true. Neither of these attempts are successful, on our view.The alternative version of the causal argument we develop uses the doctrine of physicalism as a supplementary premise rather than appeal to a reductive conception of causal explanation. After presenting this alternative version, we consider how Baker might respond to it by drawing on her discussion of materialism. We conclude that Baker’s argument against materialism does not generalize to physicalism as we construe it. (shrink)

BackgroundInformed consent as stipulated in regulatory human research guidelines requires that a volunteer is well-informed about what will happen to them in a trial. However researchers are faced with a challenge of how to ensure that a volunteer agreeing to take part in a clinical trial is truly informed. We conducted a qualitative study among volunteers taking part in two HIV clinical trials in Uganda to find out how they defined informed consent and their perceptions of the trial procedures, study (...) information and interactions with the research team.MethodsBetween January and December 2012, 23 volunteers who had been in the two trials for over 6 months, consented to be interviewed about their experience in the trial three times over a period of nine months. They also took part in focus group discussions. Themes informed by study research questions and emerging findings were used for content analysis.ResultsVolunteers defined the informed consent process in terms of their individual welfare. Only two of the volunteers reported having referred during the trial to the participant information sheets given at the start of the trial. Volunteers remembered the information they had been given at the start of the trial on procedures that involved drawing blood and urine samples but not information about study design and randomisation. Volunteers said that they had understood the purpose of the trial. They said that signing a consent form showed that they had consented to take part in the trial but they also described it as being done to protect the researcher in case a volunteer later experienced side effects.ConclusionVolunteers pay more attention during the consent process to procedures requiring biological tests than to study design issues. Trust built between volunteers and the research team could enhance the successful conduct of clinical trials by allowing for informal discussions to identify and review volunteers’ perceptions. These results point to the need for researchers to view informed consent as a process rather than an event. (shrink)

We argue that dominant research approaches concerning mental illness, which are centered on traditional categories of psychiatric classification as codified in the DSM-IV, have serious empirical, conceptual, and foundational problems. These problems have led to a classification scheme and body of research findings that provide a very poor map of the domain of mental illness, a map that, in turn, undermines clinical and research pursuits. We discuss some current efforts to respond to these problems and argue that the DSM-5 revision (...) process is not very promising, whereas the NIMH Research Domain Criteria initiative and some recent research in cognitive neuroscience fares better, although the latter remains potentially compromised by residual influences of the DSM-based approach. We conclude with some lessons and suggestions for the pursuit of alternative research pathways. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Tourism:Crossing Borders to Access Health CareHarriet Hutson Gray (bio) and Susan Cartier Poland (bio)Traveling abroad for one's health has a long history for the upper social classes who sought spas, mineral baths, innovative therapies, and the fair climate of the Mediterranean as destinations to improve their health. The newest trend in the first decade of the twenty-first century has the middle class traveling from developed countries to (...) those with emerging economies to avoid treatment delays, prohibitive costs for life-saving procedures, or simply high costs for elective surgery. Others leave to have access to assisted suicide in countries that have legalized it: Belgium, The Netherlands, and Switzerland. This new era of globalization in health care has arrived without the benefit of international standards, government oversight, or ethical and legal review.Howard Staab, a self-employed carpenter from North Carolina, flew to India for his medically necessary heart surgery, scheduled a side trip to the Taj Mahal, and returned home to work in North Carolina. He spent a total of less than $10,000, instead of the $200,000 required from the local hospital (I, Milstein and Smith 2006).At first blush, the outsourcing of medical care to India seems to be a particular solution for a particular problem. However, the particularity of Mr. Staab is not unique. His experience is emblematic of those patients in the United States with a medical need for major and elective procedures, but who also must bear the total cost of these procedures. These middle-class, under-insured Americans go abroad.In tandem with increasingly aggressive marketing campaigns, American hospitals and companies have begun to leverage their connections in Asia to grow the medical tourism business into a major economic force. What are the consequences of this?Several authors point to the effect on the host country's population, particularly the poor, to be pushed farther down the queue to receive adequate, affordable care. Resources are applied to the foreign trade instead of building the local [End Page 193] medical infrastructure. Another potential problem is the obligation of the home-country physician to provide follow-up care. What are the legal ramifications when the procedure was illegal to begin with? Are there opportunities for redress for medical errors?These factors may be converging into a "perfect storm" for health care in the U.S., in which the potential participation of the major insurance companies in promoting offshore care will be the tipping point in the precarious structure that represents the economic currents in health care. Third-party administrators and self-funded employers may be on the cutting edge in 2009 by providing incentives to employees to travel overseas for care.I. Economic ConsiderationsConnell, John. Medical Tourism: Sea, Sun, Sand and... Surgery. Tourism Management 27: 1093–1100, 2006.As evidence of the interest of traditional tour operators in this newer twist on the industry, the author explores medical tourism as an element of the growth of world tourism. In promoting medical tourism, he urges consideration of such issues as the privatization of health care, the foundational role of technology, and uneven access to health resources.Dunn, Philip. Medical Tourism Takes Flight. H and HN: Hospitals and Health Networks: 40–44, November 2007.Writing for U.S. health care executives, Dunn emphasizes that the reality of medical tourism competes with the local medical center for patients and their insurance dollars in a significant way. He examines the possibility that U.S. insurance plans soon may offer to pay for what is currently a cash only business and that the economic impact to the local medical center could be significant or even devastating.Frontiers of Health Services Management [Selected Articles] 24 (2), Winter 2007.In "Managing Healthcare Services in the Global Marketplace" (pp. 3–18), Bruce J. Fried and Dean M. Harris consider legal, ethical, and financial implications of the international workforce. In "Globalization of Health Care" (pp. 19–30), Lynn Schroth and Ruthy Khawahja point out that the transfer of comprehensive management expertise and intellectual property from U.S. medical centers to international sites is driving the success of collaboration between U.S. and foreign health care centers. In "Is... (shrink)

Summary Leading scholars offer perspectives from the philosophy of science on the crisis in psychiatric research that exploded after the publication of DSM-5. -/- Psychiatry and mental health research is in crisis, with tensions between psychiatry's clinical and research aims and controversies over diagnosis, treatment, and scientific constructs for studying mental disorders. At the center of these controversies is the Diagnostic and Statistical Manual of Mental Disorders (DSM), which—especially after the publication of DSM-5—many have found seriously flawed as a guide (...) for research. This book addresses the crisis and the associated “extraordinary science” (Thomas Kuhn's term for scientific research during a state of crisis) from the perspective of philosophy of science. The goal is to help reconcile the competing claims of science and phenomenology within psychiatry and to offer new insights for the philosophy of science. -/- The contributors discuss the epistemological origins of the current crisis, the nature of evidence in psychiatric research, and the National Institute for Mental Health's Research Domain Criteria project. They consider particular research practices in psychiatry—computational, personalized, mechanistic, and user-led—and the specific categories of schizophrenia, depressive disorder, and bipolar disorder. Finally, they examine the DSM's dubious practice of pathologizing normality. (shrink)

In light of the potential long-term societal and economic benefits of novel nano-enabled products, there is an evident need for research and development to focus on closing the gap in nano-materials safety. Concurrent reflection on the impact of decision-making tools, which may lack the capability to assist sophisticated judgements around the risks and benefits of the introduction of novel products, is essential. This paper addresses the potential for extant decision support tools to default to a precautionary principle position in the (...) face of uncertainty. A more utilitarian-based approach could be facilitated by adding simple methods to formulate realistic hypotheses, which would assist non-specialists to make more nuanced decisions in terms of managing the risks of introducing new NMs. A decision support analytical framework is applied to identify the potential risks and benefits of novel nano-enabled products such as textiles with in-built enhanced antimicrobial activity for the prevention of nosocomial infections produced by spray or sonochemical coating possesses. While the results demonstrate valuable societal and environmental benefits compared to conventional products, due to uncertainty regarding the possible hazard to humans, sizable risks were identified in some cases due to the precautionary principle. (shrink)