In their recent ‘The ethical case for non-directed postmortem sperm donation’, Hodson and Parker outline and defend the concept of voluntary non-directed postmortem sperm donation, the idea that men should be able to register their desire to donate their sperm after death for use by strangers since this would offer a potential means of increasing the quantity and heterogeneity of donor sperm. In this response, we raise some concerns about their proposal, focusing in particular on the fact that current methodologies (...) do not make for a reliable way of ensuring that sperm retrieved postmortem has a good chance of leading to conception, which is in turn likely to make potential recipients reluctant to use such sperm. These concerns add to the ethical doubts that attend aspects of the proposal, making the prospect of implementation of such a policy unlikely at best. (shrink)

In our paper ‘The ethical case for non-directed postmortem sperm donation’ we argued that it would be ethical for men to donate sperm after death for use by strangers. In their thoughtful response Fredrick and Ben Kroon lay out practical concerns regarding our proposal. They raise issues regarding the quality of sperm collected postmortem based on empirical studies. Second, they claim that concerns about quality would make women unlikely to use sperm collected after death. In this response we explore (...) issues of sperm quality in both living and dead donors. We consider whether there might be ways to ensure quality in both. Finally, we question whether quality should be a barrier to women choosing to use sperm donated after death. (shrink)

Is or has economics ever been the imperial social science? Could or should it ever be so? These are the central concerns of this book. It involves a critical reflection on the process of how economics became the way it is, in terms of a narrow and intolerant orthodoxy, that has, nonetheless, increasingly directed its attention to appropriating the subject matter of other social sciences through the process termed "economics imperialism". In other words, the book addresses the shifting boundaries between (...) economics and the other social sciences as seen from the confines of the dismal science, with some reflection on the responses to the economic imperialists by other disciplines. Significantly, an old economics imperialism is identified of the "as if market" style most closely associated with Gary Becker, the public choice theory of Buchanan and Tullock and cliometrics. But this has given way to a more "revolutionary" form of economics imperialism associated with the information-theoretic economics of Akerlof and Stiglitz, and the new institutional economics of Coase, Wiliamson and North. Embracing one "new" field after another, economics imperialism reaches its most extreme version in the form of "freakonomics", the economic theory of everything on the basis of the most shallow principles. By way of contrast and as a guiding critical thread, a thorough review is offered of the appropriate principles underpinning political economy and its relationship to social science, and how these have been and continue to be deployed. The case is made for political economy with an interdisciplinary character, able to bridge the gap between economics and other social sciences, and draw upon and interrogate the nature of contemporary capitalism. (shrink)

Can a musical work be created? Some say ‘no’. But, we argue, there is no handbook of universally accepted metaphysical truths that they can use to justify their answer. Others say ‘yes’. They have to find abstract objects that can plausibly be identified with musical works, show that abstract objects of this sort can be created, and show that such abstract objects can persist. But, we argue, none of the standard views about what a musical work is allows musical works (...) both to be created and to persist. (shrink)

Democracy is commonly associated with political equality and/or majority rule. This essay shows that these three ideas are conceptually separate, so the transition from any one to another stands in need of further substantive argument, which is not always adequately given. It does this by offering an alternative decision-making mechanism, called lottery voting, in which all individuals cast votes for their preferred options but, instead of these being counted, one is randomly selected and that vote determines the outcome. This procedure (...) is democratic and egalitarian, since all have an equal chance to influence outcomes, but obviously not majoritarian. (shrink)

Background Voluntary assisted dying became lawful in Victoria, the first Australian state to permit this practice, in 2019 via the Voluntary Assisted Dying Act 2017 (Vic). While conscientious objection by individual health professionals is protected by the Victorian legislation, objections by institutions are governed by policy. No research has been conducted in Victoria, and very little research conducted internationally, on how institutional objection is experienced by patients seeking assisted dying. Methods 28 semi-structured interviews were conducted with 32 family caregivers and (...) one patient about the experience of 28 patients who sought assisted dying. Participants were interviewed during August-November 2021. Data from the 17 interviews (all with family caregivers) which reported institutional objection were analysed thematically. Results Participants reported institutional objection affecting eligibility assessments, medication access, and taking the medication or having it administered. Institutional objection occurred across health settings and was sometimes communicated obliquely. These objections resulted in delays, transfers, and choices between progressing an assisted dying application and receiving palliative or other care. Participants also reported objections causing adverse emotional experiences and distrust of objecting institutions. Six mediating influences on institutional objections were identified: staff views within objecting institutions; support of external medical practitioners and pharmacists providing assisted dying services; nature of a patient’s illness; progression or state of a patient’s illness; patient’s geographical location; and the capability and assertiveness of a patient and/or caregiver. Conclusions Institutional objection to assisted dying is much-debated yet empirically understudied. This research found that in Victoria, objections were regularly reported by participants and adversely affected access to assisted dying and the wider end-of-life experience for patients and caregivers. This barrier arises in an assisted dying system that is already procedurally challenging, particularly given the limited window patients have to apply. Better regulation may be needed as Victoria’s existing policy approach appears to preference institutional positions over patient’s choice given existing power dynamics. (shrink)

The current note clarifies why, in committees, the prior probability of a correct collective choice might be of particular significance and possibly should sometimes even be the sole appropriate basis for making the collective decision. In particular, we present sufficient conditions for the superiority of a rule based solely on the prior relative to the simple majority rule, even when the decisional skills of the committee members are assumed to be homogeneous.

In “The Desire Theory of Claim-Rights,” Brian Kierland presents an analysis of the concept of a claim-right according to which one person has a claim-right against another just in case there is a perfect correlation between (1) whether the second person has a duty owed to the first and (2) whether the first wants the second to do the act in question. I respond by suggesting that in certain cases, including a variant of the case of Ulysses and the Sirens, (...) the Desire Theory has seriously counter-intuitive implications. (shrink)

This article contends that close attention to music/language analogies allows us to perceive how language attempts to gain an understanding of its own cognitive nature. The article does so by closely reading Paul de Man's ‘The Rhetoric of Blindness’, an essay in which de Man suggests that a detailed look at the analogies between musical and linguistic structures made by Jean-Jacques Rousseau in his Essay On the Origin of Languages helps reveal how literary criticism becomes ‘blind’ to its own metaphysical (...) presuppositions. Scrutinizing the terms on which de Man engages Rousseau, the article argues that surface inconsistencies in de Man's use of musical concepts reveal a deeper pattern of ‘deafness’ which turns his notion of ‘empty’ subjectivity against itself. It concludes with some suggestions for how we might further develop the study of music/language analogies, a subject that has the potential to invigorate our understanding of the non-conceptual aspects of linguistic meaning. (shrink)

Wat is betekenis? -- Betekenissystemen -- Metafysica: terug naar de bron.

The stakeholder model of the firm (SMF) was originally conceived as a theory of strategic management, intended to remedy the biases of the stockholder model. As the model became more normative, it effectively turned into a theory of business ethics. This paper reproduces material focusing on the contribution of Professor Ed Freeman to stakeholder theorizing. These portions were extracted from a longer manuscript which argues that: 1. SMF generated a series of new questions which constitute some of the defining problems (...) of business ethics at present; yet 2. its inherent company-centered perspective prevents it from resolving these defining problems. (shrink)

This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such a prima facie (...) case, he is exempt from other judicial duties. This thesis challenges many theories of judicial duty, which do not allow normative room for supererogatory actions in law. The paper demonstrates these claims by discussing two paradigmatic great judges – Chief Justice Marshall and Justice Holmes. (shrink)

In the regime of Anglo-American tort law, every person has a responsibility to comport him- or herself with “due care” in going about day-to-day activities so as not to imperil the health, safety, or general welfare of others. The gold standard for determining what constitutes due care in any particular situation is what a reasonable person, similarly situated, would do. Determinations of due care are necessarily fact specific. Nevertheless, the general objective is to strike an appropriate balance between an unrealistically (...) high standard of caution and one that fails to take into account the known or foreseeable risks of any human endeavor. The same standard applies to individuals regardless of their age, gender, race, and level of education or economic status. The standard also applies to fictional “persons” such as corporations. The usual or prevailing custom and practice in an industry or occupation may provide relevant evidence of what constitutes “due care” in the activities common to it, but that evidence can be effectively overcome or rebutted by competent, credible evidence that the custom and practice either diverges from what it has been asserted to be or that the custom and practice is itself unsafe or otherwise poses an unreasonable risk of harm to others. Until quite recently, a singular exception to this general principle of tort law was made for the medical profession. We will consider this exception in the next section. (shrink)

From the island of certainty that is the Tractatus Logico Philosophicus to the everyday ethics of the mainland in the Investigations , Ludwig Wittgenstein's philosophy traces a journey similar to the one etched into Robinson Crusoe's deserted beaches. In this essay I map out points contact between Wittgenstein's philosophy and Defoe's novel, thus providing a fresh glimpse at the philosophical underpinnings of the adventures depicted in Robinson Crusoe , as well as to Wittgenstein's philosophical motivations.

The process of allorecognition consists of an ability to discriminate self from non‐self. This discrimination is used either to identify non‐self cells and reject them (“non‐self histocompatibility”) or to identify self cells and reject them (as in the avoidance of self‐fertilization by hermaphrodites (“self incompatibility”). The molecular basis governing these two distinct systems has been studied recently in hermaphroditic ascidian urochordates. Harada et al.1 postulated two highly polymorphic self‐incompatibility loci, Themis (A and B), that are transcribed from both strands, forward (...) to yield sperm (s‐) trans‐membrane antigen, and reverse to yield the egg vitelline coat (v‐) receptor. De Tomaso et al.2 characterized a candidate histocompatibility locus, encoding a highly variable immunoglobulin. Nyholm et al.3 isolated its candidate allorecognition receptor, fester. Only a minute similarity was found in the structure of the genes involved. It appears that ascidian harbor two very separate types of labeling and recognition genetic systems: one for self and the other for non‐self. BioEssays 30:1048–1051, 2008. © 2008 Wiley Periodicals, Inc. (shrink)