Can Kant conceive of a legal order established between legal orders? By introducing the “coalition of the willing states” as “a surrogate” for a full-blown world republic, he surely claims he can.After a brief rehearsal of Kant’s argument, the paper turns to a critical examination of its most principled argument: as republican states are polities that have already left behind the state of nature, they cannot be required to do so once more. By focusing on a contemporary understanding of ‘surrogate (...) sovereignty’ as ‘shared sovereignty,’ this paper argues that shared sovereignty presupposes classical unified sovereignty; that what Kant suggests as a surrogate is not shared sovereignty; and that, therefore, either Kant’s idea does not help much, or it is in need of serious re-interpretation.The remainder of the paper only suggests the beginnings of this reinterpretation. In the case of an international legal order, we see representational processes of anticipation and retrospection at work. If one takes these temporal cross-overs into account, it is really a false start to conceive of such an order as ‘a legal order of legal orders.’ Since various domestic legal orders acknowledge the encompassing legal order as ‘the legal order common between them,’ they do not give up sovereignty when they decide to comply with the international legal order. They exercise it, but in a new mix of constituent and constitutional power. (shrink)

The Transformation of Learning gives an overview of some significant advances of the cultural-historical activity theory, also known as CHAT in the educational domain. Developments are described with respect to both the theoretical framework and research. The book's main focus is on the evolution of the learning concept and school practices under the influence of cultural-historical activity theory. Activity theory has contributed to this transformation of views on learning, both conceptually and practically. It has provided us with a useful approach (...) to the understanding of learning in cultural contexts. (shrink)

A rule of recognition for a legal order L seems utterly circular if it refers to behaviour of “officials.” For it takes a rule of recognition to identify who, for L, counts as an official and who does not. I will argue that a Kelsenian account of legal authority can solve the aporia, provided that we accept a, perhaps unorthodox, re‐interpretation of Kelsen's norm theory and his idea of the Grundnorm. I submit that we should learn to see it as (...) the vanishing point rather than the final basis of validity in a legal order. To prepare the ground for this proposal, I will briefly explore the claim to authority that is characteristic of politics. Then I sketch a multi‐layered canonical form of the legal norm, including their “empowering” character (Paulson) in terms of performative operators. I show how it leads to a “perspectival” account of the basic norm. In conclusion, I briefly point to the example of sovereignty and acquis communautair in international law to illustrate this view. (shrink)

Background: Metaphors are often used within the context of ethics and healthcare but have hardly been explored in relation to moral reasoning. Objective: To describe a central set of metaphors in one case and to explore their contribution to moral reasoning. Method: Semi-structured interviews were conducted with 16 parents of a child suffering from the neurodegenerative disease CLN3. The interviews were recorded, transcribed, and metaphors were analyzed. The researchers wrote memos and discussed about their analyses until they reached consensus. Ethical (...) considerations: Participants gave oral and written consent and their confidentiality and anonymity were respected. Findings: A central set of metaphors referred to the semantic field of the hands and arms and consisted of two central metaphors that existed in a dialectical relationship: grasping versus letting go. Participants used these metaphors to describe their child’s experiences, who had to “let go” of abilities, while “clinging” to structures and the relationship with their parent(s). They also used it to describe their own experiences: participants tried to “grab” the good moments with their child and had to “let go” of their child when (s)he approached death. Participants, in addition, “held” onto caring for their child while being confronted with the necessity to “let go” of this care, leaving it to professional caregivers. Discussion: The ethical analysis of the findings shows that thinking in terms of the dialectical relationship between “grasping” and “letting go” helps professional caregivers to critically think about images of good care for children with CLN3. It also helps them to bear witness to the vulnerable, dependent, and embodied nature of the moral self of children with CLN3 and their parents. Conclusion: Metaphorical reasoning may support the inclusion of marginalized perspectives in moral reasoning. Future studies should further explore the contribution of metaphorical reasoning to moral reasoning in other cases. (shrink)

We present a logic, \, for the discovery of deterministic causal regularities starting from empirical data. Our approach is inspired by Mackie’s theory of causes as INUS-conditions, and implements a more recent adjustment to Mackie’s theory according to which the left-hand side of causal regularities is required to be a minimal disjunction of minimal conjunctions. To derive such regularities from a given set of data, we make use of the adaptive logics framework. Our knowledge of deterministic causal regularities is, as (...) Mackie noted, most often gappy or elliptical. The adaptive logics framework is well-suited to explicate both the internal and the external dynamics of the discovery of such gappy regularities. After presenting \, we first discuss these forms of dynamics in more detail. Next, we consider some criticisms of the INUS-account and show how our approach avoids them, and we compare \ with the CNA algorithm that was recently proposed by Michael Baumgartner. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

The topic of recognition has come to occupy a central place in debates in social and political theory. Developed by George Herbert Mead and Charles Taylor, it has been given expression in the program for Critical Theory developed by Axel Honneth in his book The Struggle for Recognition. Honneth's research program offers an empirically insightful way of reflecting on emancipatory struggles for greater justice and a powerful theoretical tool for generating a conception of justice and the good that enables the (...) normative evaluation of such struggles. This 2007 volume offers a critical clarification and evaluation of this research program, particularly its relationship to the other major development in critical social and political theory; namely, the focus on power as formative of practical identities proposed by Michel Foucault and developed by theorists such as Judith Butler, James Tully, and Iris Marion Young. (shrink)

The main finding of a comprehensive empirical research project on the intersubjective acceptability of the pragma-dialectical discussion rules (Van Eemeren, Garssen & Meuffels, 2009) is that ordinary language users judge discussion moves that are considered fallacious from an argumentation-theoretical perspective as unreasonable. In light of this finding it is remarkable that in everyday argumentative discourse fallacies occur regularly and seem many times not to be noticed by the participants in the discourse. This also goes for the abusive argumentum ad hominem. (...) While abusive ad hominem attacks are judged to be very unreasonable discussion moves when the unreasonableness of clear cases of this fallacy is rated in experiments, in real life this fallacy remains undetected more often than not. In this paper it is argued that this paradox can be explained by analysing abusive ad hominem attacks as a mode of strategic manoeuvring which takes on a reasonable appearance in real life situations when it mimics, as it often does, legitimate critical reactions to authority argumentation. The hypothesis that abusive fallacies are seen as less unreasonable when they are presented as if they are critical questions pertaining to the argument scheme for authority argumentation than when they are clear cases was tested systematically in two experiments. The results of these experiments confirmed the hypothesis. (shrink)

Evaluating the feasibility and first perceived outcomes of a newly developed clinical ethics support instrument called CURA. This instrument is tailored to the needs of nurses that provide palliative care and is intended to foster both moral competences and moral resilience. This study is a descriptive cross-sectional evaluation study. Respondents consisted of nurses and nurse assistants (n = 97) following a continuing education program (course participants) and colleagues of these course participants (n = 124). Two questionnaires with five-point Likert scales (...) were used. The feasibility questionnaire was given to all respondents, the perceived outcomes questionnaire only to the course participants. Data collection took place over a period of six months. Respondents were predominantly positive on most items of the feasibility questionnaire. The steps of CURA are clearly described (84% of course participants agreed or strongly agreed, 94% of colleagues) and easy to apply (78–87%). The perceived outcomes showed that CURA helped respondents to reflect on moral challenges (71% (strongly) agreed), in perspective taking (67%), with being aware of moral challenges (63%) and in dealing with moral distress (54%). Respondents did experience organizational barriers: only half of the respondents (strongly) agreed that they could easily find time for using CURA. CURA is a feasible instrument for nurses and nurse assistants providing palliative care. However, reported difficulties in organizing and making time for reflections with CURA indicate organizational preconditions ought to be met in order to implement CURA in daily practice. Furthermore, these results indicate that CURA helps to build moral competences and fosters moral resilience. (shrink)

We investigate how conventional asset managers account for environmental, social, and governance factors in their investment process. We do so on the basis of an international survey among fund managers. We find that many conventional managers integrate responsible investing in their investment process. Furthermore, we find that ESG information in particular is being used for red flagging and to manage risk. We find that many conventional fund managers have already adopted features of responsible investing in the investment process. Furthermore, we (...) argue and show that ESG investing is highly similar to fundamental investing. We also reveal that there is a substantial difference in the ways in which U.S. and European asset managers view ESG. (shrink)

Purpose The purpose of this paper is to develop an ethical framework for the marketing of corporate social responsibility. Methods The approach is a conceptual one based on virtue ethics and on the corporate identity literature. Furthermore, empirical research results are used to describe the opportunities and pitfalls of using marketing communication tools in the strategy of building a virtuous corporate brand. Results/conclusions An ethical framework that addresses the paradoxical relation between the consequentialist perspective many proponents of the marketing of (...) CSR adopt, and ethical perspectives which criticize an exclusive profit-oriented approach to CSR. Furthermore, three CSR strategies in relation to the marketing of CSR are discussed. For each CSR strategy it is explored how a corporation could avoid falling into the promise/performance gap. (shrink)

Background The COVID-19 pandemic causes moral challenges and moral distress for healthcare professionals and, due to an increased work load, reduces time and opportunities for clinical ethics support services. Nevertheless, healthcare professionals could also identify essential elements to maintain or change in the future, as moral distress and moral challenges can indicate opportunities to strengthen moral resilience of healthcare professionals and organisations. This study describes 1) the experienced moral distress, challenges and ethical climate concerning end-of-life care of Intensive Care Unit (...) staff during the first wave of the COVID-19 pandemic and 2) their positive experiences and lessons learned, which function as directions for future forms of ethics support. Methods A cross-sectional survey combining quantitative and qualitative elements was sent to all healthcare professionals who worked at the Intensive Care Unit of the Amsterdam UMC - Location AMC during the first wave of the COVID-19 pandemic. The survey consisted of 36 items about moral distress (concerning quality of care and emotional stress), team cooperation, ethical climate and (ways of dealing with) end-of-life decisions, and two open questions about positive experiences and suggestions for work improvement. Results All 178 respondents (response rate: 25–32%) showed signs of moral distress, and experienced moral dilemmas in end-of-life decisions, whereas they experienced a relatively positive ethical climate. Nurses scored significantly higher than physicians on most items. Positive experiences were mostly related to ‘team cooperation’, ‘team solidarity’ and ‘work ethic’. Lessons learned were mostly related to ‘quality of care’ and ‘professional qualities’. Conclusions Despite the crisis, positive experiences related to ethical climate, team members and overall work ethic were reported by Intensive Care Unit staff and quality and organisation of care lessons were learned. Ethics support services can be tailored to reflect on morally challenging situations, restore moral resilience, create space for self-care and strengthen team spirit. This can improve healthcare professionals’ dealing of inherent moral challenges and moral distress in order to strengthen both individual and organisational moral resilience. Trial registration The trial was registered on The Netherlands Trial Register, number NL9177. (shrink)

Ethics training has become a common phenomenon in the training of military professionals at all levels. However, the perceived outcomes of this training remain open. In this article, we analyze the experiences of course participants who were interviewed 6–12 months after they had participated in a train-the-trainer course in military ethics developed by the Faculty of Military Sciences of the Netherlands Defence Academy. Through qualitative inductive analysis, it is shown how participants evaluate the training, how they perceive the development of (...) their moral competence, and how they see the impact of the training on their own training practice. (shrink)

The introduction of the concept of strategic maneuvering into the pragma-dialectical theory makes it possible to formulate testable hypotheses regarding the persuasiveness of argumentative moves that are made in argumentative discourse. After summarizing the standard pragma-dialectical approach to argumentation, van Eemeren, Garssen, and Meuffels explain what the extension of the pragma-dialectical approach with strategic maneuvering involves and discuss the fallacies in terms of the extended pragma-dialectical approach as derailments of strategic maneuvering. Then they give an empirical interpretation of the extended (...) pragma-dialectical model in which they report the testing of three hypotheses which formulate preliminary conditions for effectiveness research within the framework of the extended pragma-dialectical theory and the results of the tests they consecutively carried out. (shrink)

This issue is a special investigation into phenomenology of law through the thought of Bernard Waldenfels. Waldenfels, who is presently emeritus professor of philosophy at Ruhr Universität, Bochum, has made a name for himself in his own research and publications on the nexus surrounding the other as non-phenomenon, language as response, and the fissures of corporeality.Along side his expansive introduction and own separate article, guest editor Bert van Roermund has collected together six outstanding contributions to this ‘Waldenfeldian’ phenomenology of (...) law.Waldenfels himself kicks of this number with an original article outlining his conception of the legal order within a phenomenology of the other. Arguing that the legal order, like all orders, must have its own particular ‘outside’ or ‘unsaid,’ he investigates the critical perspectives that thus emerge.Then, David Janssens takes up Waldenfels’ treatment of Plato, which Janssens approaches through a Socratic investigation into the aporias at the foundation of the Platonic legal order. Waldenfels’ Plato seems rather Socratic in his confrontation of the reader with alterity.Next, William Conklin offers an in-depth investigation into the question as to how can human rights be considered universal by the very tribunals that also grant nations the right to define those who may legally be considered persons? Waldenfels’s notion of territorial structure offers its apparatus to Conklin’s substantial critique.Petra Gehring goes into the phenomenological theory of law, looking the ability of the law as an order to respond to claims of the alien. Claiming that law in fact is unable to respond, Gehring argues that phenomenology should legal phenomena critically as a problem of order within the double nature of what Waldenfels calls Anspruch and Antwort.Hans Lindahl analyzes the spatio-temporal borders of the European Union to lay bare the genesis of the Community’s legal order. Lindahl reveals this genesis to embody Waldenfels’ notion of the “chiasm of strangeness,” wherein the foundation of a Heimwelt simultaneously generates a Fremdwelt, and thus questions the very ability of Europe to be its own place.Finally, guest-editor Bert van Roermund supplements his introduction with yet another original contribution arguing that modern legislation is self-legislation. Attempting to identify the different voices comprising this self in an analytical scheme he terms [LEX], van Roermund borrows from Waldenfel’s notion of response and alterity in his analysis of how this structure responds to the classical notion of justice for every subject. (shrink)

BackgroundVarious forms of Clinical Ethics Support (CES) have been developed in health care organizations. Over the past years, increasing attention has been paid to the question of how to foster the quality of ethics support. In the Netherlands, a CES quality assessment project based on a responsive evaluation design has been implemented. CES practitioners themselves reflected upon the quality of ethics support within each other’s health care organizations. This study presents a qualitative evaluation of this Responsive Quality Assessment (RQA) project.MethodsCES (...) practitioners’ experiences with and perspectives on the RQA project were collected by means of ten semi-structured interviews. Both the data collection and the qualitative data analysis followed a stepwise approach, including continuous peer review and careful documentation of the decisions.ResultsThe main findings illustrate the relevance of the RQA with regard to fostering the quality of CES by connecting to context specific issues, such as gaining support from upper management and to solidify CES services within health care organizations. Based on their participation in the RQA, CES practitioners perceived a number of changes regarding CES in Dutch health care organizations after the RQA: acknowledgement of the relevance of CES for the quality of care; CES practices being more formalized; inspiration for developing new CES-related activities and more self-reflection on existing CES practices.ConclusionsThe evaluation of the RQA shows that this method facilitates an open learning process by actively involving CES practitioners and their concrete practices. Lessons learned include that “servant leadership” and more intensive guidance of RQA participants may help to further enhance both the critical dimension and the learning process within RQA. (shrink)

In the Social Contract Rousseau gives what could be called a philosophical rule of recognition for law in Modernity: a law is law if and only if 'the whole people rules over the whole people'. Thus, he defines self-legislation as, at bottom, collective intentional action. I will first map out the speech act structure [LEX] underlying self-legislation on this account. In particular, I argue for a first person plural counterpart of the reflexive structure inherent to intentions generally: the notion of (...) a collective self. Then I take issue with Bratman's analysis of shared intentional activity in terms of mutuality, submitting that it misses out on the specifically political presupposition involved in 'doing something together'. I will show why 'mutuality' requires representation of the unity of a polity, and how this representation can take form without either external authority or mutual responsiveness. (shrink)

Moral case deliberation (MCD) is a specific form of clinical ethics, aiming to stimulate ethical reflection in daily practice in order to improve the quality of care. This article focuses on the implementation of MCD in nursing homes and the questions how and where to organize MCD. The purpose of this study was to evaluate one way of organizing MCD in two Dutch nursing homes. In both of these nursing homes the MCD groups had a heterogeneous composition and were organized (...) apart from existing institutional communication structures. As part of a naturalistic evaluation, systematic observations, interviews and focus groups were completed. The findings indicate that the heterogeneous composition and MCD meetings separate from existing structures have benefits. However, the participants also reported negative experiences. This gives rise to the question whether a mixed MCD group which meets separately is an effective way to embed MCD as an instrument for reflection on moral issues in daily practice. We conclude that there is no single answer to that question. In the end, the two implementation strategies (i.e. within existing communication structures and a mixed MCD group) can be complementary to each other. (shrink)

In addition to a code of conduct for researchers, it is desirable to implement a code of conduct for funders of research. This is because researchers often behave unethically as a result of direct and/or indirect pressure from funders. The paper provides an expansion of the first proposal for such a code of conduct and includes several elements such as “policy relevant research should not be contracted and supervised by a client with an interest in the outcomes”, and “policy relevant (...) research should always be examined by an independent institute”. (shrink)

This article discusses the ethical dimension of Sloterdijk's spherology and its contribution to the current debate on globalization. It is shown that Sloterdijk already developed the core of his ethics in his earlier works. The central distinction here is the ontological difference between the intimate stay of the fetus in its mother's womb and the ominous outside of the world. From its birth onwards the infant has to develop new intimate spheres to make life bearable and to expand into the (...) world. This coming into the world depends on the quality of macrospheres that take over the immunological functions of the microspheres. Sloterdijk believes that the current debate on globalization is a late and superficial reflection of the crisis of the metaphysical globalization. This crisis means that Europeans have lost their all-embracing macrosphere of the idealized globe. As a consequence, modernity means that people and cultures have to become more self-reliant to protect themselves from a radical outside. The actual globalization of the earth can therefore be understood as an ongoing exteriorization of the animated space of the local spheres. At the same time people from different cultures and states are forced to work together on an unprecedented scale. This actual globalization does not mean however, that there is a universal moral law that obliges us to put our self-interest aside in favour of the interests of strangers. In this respect Sloterdijk stresses the importance of care for one's own spheres, be it an individual, a family or a company, as a condition of responsibility and solidarity. (shrink)

This book discusses issues regarding conceptualization, governance and implementation of responsible innovation. It treats different approaches to making responsible innovation a reality and it contains new case studies that illustrate challenges and solutions. Research on Responsible Innovation is by its nature highly multidisciplinary, and also pro-active, design-oriented and policy-relevant. Until a few years back, the concept of Responsible Innovation was hardly used - nowadays it is increasingly receiving attention from both researchers and policy makers. This is indispensable reading for anyone (...) interested in or working on innovation. (shrink)

Ever since the start of the twentieth century, a growing interest and importance of studying fatwas can be noted, with a focus on Arabic printed fatwas (Wokoeck 2009). The scholarly study of end-of-life ethics in these fatwas is a very recent feature, taking a first start in the 1980s (Anees 1984; Rispler-Chaim 1993). Since the past two decades, we have witnessed the emergence of a multitude of English fatwas that can easily be consulted through the Internet (‘e-fatwas’), providing Muslims worldwide (...) with a form of Islamic normative guidance on a huge variety of topics. Although English online fatwas do provide guidance for Muslims and Muslim minorities worldwide on a myriad of topics including end-of-life issues, they have hardly been studied. This study analyses Islamic views on (non-)voluntary euthanasia and assisted suicide as expressed in English Sunni fatwas published on independent—i.e. not created by established organisations—Islamic websites. We use Tyan’s definition of a fatwa to distinguish between fatwas and other types of texts offering Islamic guidance through the Internet. The study of e-fatwas is framed in the context of Bunt’s typology of Cyber Islamic Environments (Bunt 2009) and in the framework of Roy’s view on the virtual umma (Roy 2002). ‘(Non-)voluntary euthanasia and assisted suicide’ are defined using Broeckaert’s conceptual framework on treatment decisions at the end of life (Broeckaert 2008). We analysed 32 English Sunni e-fatwas. All of the e-fatwas discussed here firmly speak out against every form of active termination of life. They often bear the same structure, basing themselves solely on Quranic verses and prophetic traditions, leaving aside classical jurisprudential discussions on the subject. In this respect they share the characteristics central in Roy’s typology of the fatwa in the virtual umma. On the level of content, they are in line with the international literature on Islamic end-of-life ethics. English Sunni e-fatwas make up an influential and therefore important developing body of Islamic orthodox normative authority on end-of-life ethics that is still open for further research. (shrink)

In the past 25 years, many philosophers have endorsed the view that the practical value of causal knowledge lies in the fact that manipulation of causes is a good way to bring about a desired change in the effect. This view is intuitively very plausible. For instance, we can predict a storm on the basis of a barometer reading, but we cannot avoid the storm by manipulating the state of the barometer (barometer status and storm are effects of a common (...) cause, viz. atmospheric conditions). In §1 we present textual evidence which shows that this view is very popular. In §2 we show that this standard view is too restrictive: the practical value of causal knowledge is wider. In §3 we introduce the distinction between ‘manipulative policy’ and ‘selective policy’ as a theoretical framework to account for this wider practical value. (shrink)

Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject.Method: We analysed 70 English Sunni e-fatwas and subjected them to an in-depth text analysis in order to reveal the key concepts in (...) the Islamic ethical framework regarding organ donation and blood transfusion.Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation.Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

The core of Kelsen's strong views onauthority emerging from his concept of law is this:Authority of law, authority in law andauthority about law are one and the same thing.The conceptual problems suggested by these threedifferent prepositions must and can be solved in onefell swoop. Kelsen's core view will first be probed bygiving an account of what is a promising approachoffered in a fairly early text, Das Problem derSouveränität, namely, what it means to`set' or `posit' the law. Inevitably, this leadsto an (...) interpretation of the Grundnorm, one thatintends to accommodate as many Kelsenian emphases aspossible. The Grundnorm will be presented as ashield against hypostatising authority. From there,some characteristics will be inferred of the type ofauthority that arises from Kelsen's account of legalknowledge, which will be called, somewhat polemically,authority without an author. (shrink)

There is considerable support for the idea that an atmosphere of safety can foster learning in groups, especially during ethics training courses. However, the question how safety dynamics works during ethics courses is still understudied. This article aims to investigate safety dynamics by examining a critical incident during a military ethics train-the trainer course during which safety was threatened. We examine this incident by means of a four-factor analysis model from the field of Theme-Centered Interaction (TCI). We show that during (...) ethics training courses a safety paradox can occur, involving a tension between honesty and openness to other perspectives and values. Finally, we discuss how trainers can foster safety during ethics training. (shrink)

While many western countries now have large Muslim communities, relatively little scholarly attention is given to the attitudes of Muslims regarding end-of-life issues. Meanwhile, we receive strong and significant signals from physicians and pastoral care teams on the difficulty of discussing pain treatment with Muslim patients. With this study of Islamic views on pain control and palliative sedation in English Sunni e-fatwas we wish to make a contribution from the field of religious studies to a better understanding of how Muslim (...) patients balance their personal needs for pain treatment with the Islamic normative background. Using Broeckaert’s conceptual framework on treatment decisions in advanced disease, we conducted an in-depth analysis of English Sunni e-fatwas on pain control and palliative sedation. The e-fatwas were selected using Bunt’s typology of Cyber Islamic Environments and Tyan’s definition of a fatwa. We found that references to the use of sedative medication to reduce the consciousness of the patient for pain treatment were very scarce in the texts we analysed. Although the idea of patiently enduring pain is present in the e-fatwas, it does not dominate the discussion, since the alleviation of pain is equally encouraged. When the pain medication used is addictive, alters the patient’s state of consciousness or contains alcohol making it problematic from an Islamic normative point of view, the use of this type of medication can be permitted on the basis of a principle in Islamic jurisprudence: necessity permits breaking the law. The possible danger of death after the administration of high doses of pain medicine is countered based on the intention of the treating physician: he or she aims to alleviate the pain and not kill the patient. The study of English Sunni e-fatwas on pain and symptom control indicates the absence of an insurmountable ethical problem connected to the use of heavy pain medication. (shrink)

Filosofie in de rechtszaal Naar aanleiding van het optreden van Paul Cliteur in het Wilders II-proces rijst de vraag hoe de inzet van een rechtsgang zich verhoudt tot de eigen aard van de filosofie. Aan de ene kant vertolkt filosofie precies dat register van waarheid dat in het recht aan de orde is. Aan de andere kant is die vertolking zo oneindig open dat ze strijdt met het gesloten karakter van het recht als een proces dat conflicten moet beëindigen door (...) gezagvolle beslissingen. Socrates’ optreden in zijn eigen proces toont aan: de slechtste dienst die de filosofie het recht kan bewijzen, is het verlengstuk te worden van het positieve recht en zich bij voorbaat beschikbaar te stellen als een vindplaats van argumenten wanneer de juridische argumenten op zijn. De slotparagraaf argumenteert dat Cliteur deze socratische les terzijde legt. Als gevolg daarvan geeft hij een geforceerde lezing van het Felter-arrest en mist hij de kern van het begrip ‘onverdraagzaamheid’. (shrink)

This paper reflects on the idea of ‘visualization’ of legal rules as part of an account of rule following in action. Presenting an alternative to Van Schooten’s (Jurisprudence and communication. Deborah Charles, Liverpool, 2012) account of interpretation, I first distinguish between two modes of interpretation: rehearsing and discursive. I argue that the former is the more basic one, relating to our respecting sources, rather than noticing signs, in action. In other (Wittgensteinian) words, we have to understand how we take guidance (...) from rules. This account can profit from an analysis of what ‘seeing’ amounts to. Taking my cue from Merleau-Ponty, I point to the intertwinement between agent and world in seeing, in rule-following, and eventually in legal rule-following. The proof of the pudding is an alternative account of the time-honoured paradigm of legal interpretation: Hart’s ‘no vehicles in the park’. I show how this example is predicated on detecting ‘depth-clues’ in a rule, which allow an agent to correlate his vantage point to a vanishing point of a rule. The example illustrates a key-feature of rule following: reflexivity. I cannot follow a rule unless I project myself into its picture. (shrink)

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be at cross-purposes, so (...) we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

* The editorial board wishes to thank Hildegard Penn of Tilburg University for her meticulous editorial work on this issue.