Ideen om at lovbrytere fortjener straff, må legges til grunn dersom vi skal kunne forstå og begrunne strafferetten i Norge og i andre rettsstater. Av noen teoretikere har dette kravet til fortjent straff blitt forstått som et negativt krav, som setter en begrensning på oppnåelsen av straffens formål. Straffen må da være «ikke ufortjent». I denne artikkelen argumenterer jeg for at en slik forståelse av fortjenesteideen er utilstrekkelig. Straff som fortjent må ansees som et positivt, selvstendig formål for strafferetten. Artikkelen (...) ser på norsk rettspraksis og lovforarbeider, og drøfter hvorfor det i norsk strafferett må legges til grunn at det er verdifullt å oppfylle lovbryterens fortjeneste. (shrink)

This book reviews the latest research in the field of autobiographical memory.

In recent years, Bayesian probability theory has emerged not only as a powerful tool for building computational theories of vision, but also as a general paradigm for studying human visual perception. This book provides an introduction to and critical analysis of the Bayesian paradigm. Leading researchers in computer vision and experimental vision science describe general theoretical frameworks for modeling vision, detailed applications to specific problems and implications for experimental studies of human perception. The book provides a dialogue between different perspectives (...) both within chapters, which draw on insights from experimental and computational work, and between chapters, through commentaries written by the contributors on each other's work. Students and researchers in cognitive and visual science will find much to interest them in this thought-provoking collection. (shrink)

In a morally fragmented society there is no good reason for ethics committees to assume any particular point of view, yet failure to do so compromises their ability to function in either a case‐review or an educational capacity. A casuist methodology might enable committees to fulfill both roles.

The article offers an approach to inquiry about, the foundation of medical ethics by addressing three areas of conceptual presupposition basic to medical ethical theory. First, medical ethics must presuppose a view about the nature of medicine. it is argued that the view required by a cogent medical morality entails that medicine be seen both as a healing relationship and as a practical art. Three ways in which medicine inherently involves values and valuation are presented as important, i.e., in being (...) aimed at the good of health, in being a cognitive art evaluating towards that good, and as a manifestation of a virtuous disposition concerning that good. Finally, a value ontology drawn from these considerations is seen as necessarily underlying medical ethics. A set of three such basic values are promoted as crucial: the value of health; the value of the individual patient; and the value of altruism that mediates the class of potential patients. (shrink)

David Shaw has a Master of Arts degree in Philosophy from the Aquinas Institute. This three-year in-depth study of Aristotle was illuminated with commentaries by Thomas Aquinas. Many persons believe that God has created everything that is. I do not disagree with them but I am not satisfied with this generality. There is no guidance in this belief. We have endured 300 years since the revolutionaries of modern science began their dismemberment of the Greek cosmos that had endured for (...) 2,000 years. We now have no theory of creation. The Hebrew cosmos and the Greek cosmos made up the traditional theories of creation for the western world. Since many have forgotten this history, I summarize it before venturing into my proposal for a new theory of creation. Our universe and the ancient universe are vastly different. The ancient universe was static. It was thought to have no history. Our universe is dynamic. It has a history. Harold Morowitz has identified 28 emergences of new complexity in our universe [1]. I propose a new theory of creation. I give four arguments for community as the next emergence based on the statements of four great thinkers: Plato, Thomas Jefferson, Martin Luther King, and Michael Sandel. These thinkers do not propose community as the next emergence, they do identify community as a central process in human affairs. A description of my experience with community-building projects is included. While writing this section, the importance of civic fabric in building community confronted me.Community does not flow from civic fabric. Community does not flow without civicfabric. Civic fabric is the foundation for community. 1. Morowitz, Harrold. The Emergence Of Everything: How The World Became Complex. (shrink)

Book reviewed in this article: Balancing Act: The New Medical Ethics of Medicine's New Economics. By E. Haavi Morreim.

A position has been advanced by a number of philosophers, notably by Burnham and Skilleås, that certain knowledge is required to aesthetically appreciate a fine wine. They further argue that pleasure is not an integral part of aesthetically appreciating wine. Their position implies that a novice cannot aesthetically appreciate a fine wine. This paper draws on research into tasting and psychology to rebut these claims. I argue that there is strong evidence from both the average consumer and from wine experts (...) that they are unable to separate enjoyment from aesthetic evaluation; secondly, I argue that wine knowledge may actually preclude tasting of the wine as it exists in the glass due to perceptual bias. I conclude by arguing that it is unclear how exactly knowledge of things like terroir is supposed to affect the taste, as well as question what role conforming to a certain style plays in aesthetic success, as arguments that require knowledge for appreciation typically emphasize knowledge of styles of wine. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 1-2, Page 245-260, June 2022.

Past ages of medical care are condemned in modern philosophical and medical literature as being too paternalistic. The normal account of good medicine in the past was, indeed, paternalistic in an offensive way to modern persons. Imagine a Jean Paul Sartre going to the doctor and being treated without his consent or even his knowledge of what will transpire during treatment! From Hippocratic times until shortly after World War II, medicine operated in a closed, clubby manner. The knowledge learned in (...) medicine was not shared with the patients, who were in general poorly educated and for the most part completely ignorant of the craft of medicine and the physicians (but not, perhaps, of folk medicine). Physicians were cautioned against telling patients too much about their Illness and/or their recovery, perhaps because physicians themselves did not have an enormous armamentarium to confront disease. (shrink)

Critics of Rawls's A Theory of Justice frequently envision his original position as containing a human consciousness. Thus, the re- strictions Rawls introduces for this ‘individual’—the lack of particular circumstantial and personal information—is considered a potential problem. The very ways in which Rawls circumscribes the knowledge available in this position is thought to compromise the personhood of the individual there, and hence as well the conclusions reached (that is, Rawls’s two principles). This paper will argue that, on the contrary, the (...) lack of full personhood is a critical part of Rawls’s modeling strategy, and that Rawls borrowed this particular sense of modeling from eco- nomics. It is well known that Rawls worked to verse himself in economic theory, and it is difficult to overlook its use in Theory. It will be argued that it is through parallels with economic reasoning that Rawls’s original position model can be most fruitfully understood. (shrink)

There have been many images of experiment. The contemplative narratives of Aristotle served to illustrate hypotheses and arguments. There was no expectation that they be performed. Even in Galileo's dialogues, the distinction between real experiments and imaginary ones is not sharp (see galileo). During the seventeenth century, performance and public description became essential to the probative power of experiment. These made its methods and procedures transparent, allowing any reader of the narrative to be a virtual witness of an active demonstration (...) (Shapin and Schaffer 1985, pp. 22–79). Thus, by the end of the scientific revolution, illustrative narratives were distinguished from public accounts of experiment as the disciplined, systematic study of phenomena. Eventually this made the efficacy of thought experiments problematic (see Kuhn 1977, pp. 241–2, and thought experiments). As a source of experience of realms previously beyond the reach of the senses, real‐world experiment contributed to the rise of objective scientific knowledge. Harvey, Galileo, Hooks, Boyle, Newton, and other proponents of experimental natural philosophy established an important new mode of argumentation. (shrink)

St. John of the Cross’ work, The Dark Night of the Soul, and Joseph Symonds’ work, The Case and Cure of a Deserted Soul, offer two compelling treatments on the subject of spiritual dryness. Moreover, these works represent two spiritual traditions which offer distinct but viable perspectives on the Christian life. This paper seeks to answer the following question: What is the degree of similarity between St. John of the Cross’ understanding of the dark night of the soul and Joseph (...) Symonds’ understanding of spiritual desertion? A secondary question is also addressed: What is the value of these resources for pastoral care today? Although notable differences exist between the two, their degree of similarity is significant considering the disconnection between the spiritual traditions that each represent. Moreover, these works are invaluable resources for contemporary pastoral care. (shrink)

I offer a critical analysis of a view that has become a dominant aspect of recent thought on the relationship between evolution and morality, and propose an alternative. An ingredient in Michael Ruse's 'error theory' (Ruse 1995) is that belief in moral (prescriptive, universal, and nonsubjective) guidelines arose in humans because such belief results in the performance of adaptive cooperative behaviors. This statement relies on two particular connections: between ostensible and intentional types of altruism, and between intentional altruism and morality. (...) The latter connection is problematic because it makes morality redundant, its role having already been fulfilled by the psychological dispositions that constitute intentional altruism. Both behavioral ecology and moral psychology support this criticism, and neither human behavioral flexibility nor the self-regard / other-regard distinction can provide a defense of the error theory. I conclude that morality did not evolve to curb rampant selfishness; instead, the evolutionarily recent 'universal law' aspect of morality may function to update behavioral strategies which were adaptive in the paleolithic environment of our ancestors (to which our psychological dispositions are best adapted), by means of norms more appropriate to our novel social environment. (shrink)

Leading a corporation through a crisis requires rational decision making guided by an ethical approach (Snyder et al., Journal of Business Ethics, 63, 2006, 371). Three such approaches are virtue ethics (Seeger and Ulmer, Journal of Business Ethics, 31, 2001, 369), an ethic of justice, and an ethic of care (Simóla, Journal of Business Ethics, 46, 2003, 351). In this article, I consider the effectiveness of these approaches for leading a corporation after a crisis. The standard I use is drawn (...) from recent studies that examine how people tend to react to corporate unintentional harms. I conclude from these studies that an ethic of care approach is most effective for managing corporate crises when it comes to stakeholder concerns. I conclude the article with strategies for managing a crisis using an ethic of care. (shrink)

Increasingly, the world seems to shrink due to our ever-expanding technological and communication capacities. Correspondingly, our awareness of other cultures increases. This is especially true in the field of bioethics because the technological progress of medicine throughout the world is causing dramatic and challenging intersections with traditionally held values. Think of the use of pregnancy monitoring technologies like ultrasound to abort fetuses of the “wrong” sex in India, the sale of human organs in and between countries, or the disjunction between (...) the haves and the have-nots in South America when it comes to bone marrow transplants, while thousands of other children die for want of fundamental goods and services like clean water, basic inoculations, and food itself. (shrink)

This is the first book-length study of the development of civility in Chinese societies. Although some social scientists and political philosophers have discussed civility, none has defined it as an analytical tool to systematically measure attitudes and behavior, and few have applied it to a non-Western society. By comparing the development of civility in mainland China and Taiwan, Civility and Its Development: The Experiences of China and Taiwan analyzes the social conditions needed for civility to become established in a society. (...) Schak argues that the attempts to impose civility top-down from the state are ineffective. Civility appeared in Taiwan only after state efforts to impose it ceased at the end of the 1980s when Taiwan began to democratize, and the PRC government civility campaigns have so far had only limited success. The book concludes with an examination of various differences between Taiwan and the PRC relevant to Taiwan’s having become a society with civility while the PRC still encounters difficulties in doing so. The essential factor in developing civility in Taiwan, Schak contends, was its evolution from a place composed of myriad small, inward-looking communities to a society in which everyone shares a strong identity and civic consciousness, and people consider others as fellow members, not anonymous strangers. “This book represents the most thorough review of what social scientists once called ‘the civilizing process’ in Chinese society. David C. Schak builds on the earlier studies on this issue and goes well beyond the established literature.” —James Watson, Fairbank Professor of Chinese Society and Professor of Anthropology, Emeritus, Harvard University “This is a topic that people talk about all the time, and David C. Schak draws a lot of material together in a systematic and comprehensive way that can stimulate important discussions beyond the academy.” —Thomas Gold, Professor of Sociology, University of California, Berkeley. (shrink)

Our global knowledge of different cultures and the diversity of values increases almost daily. New challenges arise for ethics. This is especially true in the field of bioethics because the technological progress of medicine throughout the world is causing dramatic interactions with traditionally held values. Science and technology are rapidly advancing beyond discussions and corresponding political struggles over human rights, leaving those debates behind. This rapid development of science is at odds with the principle of sustained development that calls for (...) measured and thoughtful planning, such that no new idea should rupture the delicate fabric of communities, environment, and cultural evolution. (shrink)

It is quite extraordinary, philosophically speaking, that according to the orthodox interpretation: (a) quantum mechanics is a complete and comprehensive theory of microphysics, and yet (b) the role of measurement, in quantum mechanics, cannot be analyzed in terms of the collective effects of the microphysical particles making up the apparatus. It follows that, if the orthodox interpretation is correct, the measurement apparatus and its quantum physical effects cannot be accounted for microreductively. This is significant because it is widely believed that (...) the relation between physical wholes and parts is microreductive. Indeed, many philosophers are persuaded of the inevitability of universal microreduction to the basic elements of microphysics. This is the viewpoint embodied in the program for the unity of science, espoused in recent years, most notably by Robert Causey (1977). (shrink)

Whether John Locke's Two Treatises is a justification of revolution or a demand for revolution, it is a book about political revolution. Yet it is also a book about property. This is so not only because of the obviously central place that Locke's discussion of property holds in the Second Treatise but also because his account of when revolution is justified hinges, in three crucial respects, on his account of how private, or, exclusive, rights to property arise.

Let us look at autonomy in a new way. Autonomy has a richly deserved place of honor in bioethlcs. It has led the set of principles that formed the basis of the discipline since the beginning. It is the leading principle In what is now regularly called “the Georgetown Mantra,” a phrase suggested by one of the first philosophers ever to be hired In a medical school, K. Danner Clouser. The phrase applies to the principled approach of autonomy, beneficence, nonmaleficence, (...) and justice. This kind of bioethics was developed by scholars like Beauchamp and Childress, Veatch, and Engelhardt, during their association with Georgetown University. (shrink)

Populations around the world are aging at a very fast rate, so much so that care for the elderly will soon rupture even the most carefully planned, enlightened care provisions societies can offer. The demographics in advanced countries demonstrate this dilemma, even without projections based on antiaging medications that may be possible in the near future, and a healthier lifestyle that has preoccupied the yuppies for about 10 years.

I rettspraksis er det eksempler på at individualpreventive hensyn har begrunnet til dels betydelig straffereduksjon for lovbrytere i en ekstraordinært vanskelig livssituasjon. Artikkelen drøfter hvorvidt slik straffnedsettelse utfordrer skyldprinsippet og prinsippet om likhet for loven. I artikkelen utvikles et argument for at alvorlig sosial deprivasjon hos lovbryteren kan påvirke vår forståelse av lovbruddet, slik at lovbruddet kan fremstå mindre krenkende enn det ville gjort i et normaltilfelle. Dermed kan mindre enn normal mengde straff være riktig for å uttrykke en passende (...) reaksjon på lovbruddet. Hvis så er tilfellet, vil ikke skyldprinsippet og likhetsprinsippet utfordres, fordi det vil dreie seg om et relevant ulikt lovbrudd. (shrink)

Objective Ethical standards state research participation must be voluntary and free of coercion and undue influence, but what if a third party appears to engage in research-relevant coercion, without the researchers’ knowledge? This case study describes this type of situation and its resolution. Methods We are engaged in a randomized clinical trial evaluating pedestrian safety with 7- and 8- years old. Depending on children's rate of learning, families receive up to $1275 for their time. We recently learned a third-party “talent (...) agency,” a firm placing children in modeling and acting jobs, was referring families to our research with the expectation that families would share 20% of study reimbursements. Results We sensed clear impropriety, but identified no ethical violations on our part as researchers. Once paid a study reimbursement, participants can spend funds how they wish. We were concerned, however, that the third-party was exploitatively coercing families to participate. Conclusions We pursued four avenues to resolve the issue. First, we documented the situation to our university Institutional Review Board. Second, we contacted the talent agency and requested they stop referring families to our research. They agreed. Third, we retained children engaged in our study who were referred from the talent agency; removing them partway through the clinical trial could impact study results. In doing so, we explained that we were unaware of the talent agency referral and that they were not obligated by us to offer a portion of the study reimbursement to the talent agency. Last, we asked newly enrolled families about their referral source. (shrink)

We define and examine a notion of logical friendliness, which is a broadening of the familiar notion of classical consequence. The concept is studied first in its simplest form, and then in a syntax-independent version, which we call sympathy. We also draw attention to the surprising number of familiar notions and operations with which it makes contact, providing a new light in which they may be seen.

Can it be already 30 years since the first days of modern, secular bioethics? As those of us in the field for almost all these years arrive near the end of our careers, we find that time has truly flown and the challenges have not diminished one bit. If anything, they are even greater than in the early years. Along the way it was tempting to think that the broad consensus reached on research ethics, on the four principles, on the (...) need for consent in clinical ethics, and then on rights in reproduction and dying, would paint the picture rather well. Only fill-in would be needed by the apprentices coming afterward. Yet time and again new biological and medical discoveries continued to challenge that painting. A new canvas had to be hung. Among the major newer developments were the challenges of healthcare reform, genetics, antifoundationalism, the certification of ethics consultants, and now, the internationalization of bioethics, its relationship to the environment and world politics, and biotechnology. (shrink)