During the Covid‐19 pandemic, as resources dwindled, clinicians, health care institutions, and policymakers have expressed concern about potential legal liability for following crisis standards of care (CSC) plans. Although there is no robust empirical research to demonstrate that liability protections actually influence physician behavior, we argue that limited liability protections for health care professionals who follow established CSC plans may instead be justified by reliance on the principle of reciprocity. Expecting physicians to do something they know will harm their patients (...) causes moral distress and suffering that may leave lasting scars. Limited liability shields are both appropriate and proportionate to the risk physicians are being asked to take in such circumstances. Under certain narrow circumstances, it remains unclear that the standard of care is sufficiently flexible to protect physicians from liability. Given this uncertainty, the likelihood that physicians would be sued for such an act, and their desire for such immunity, this limited protection is morally legitimate. (shrink)

A partir da circulação do audiovisual “A culpa é sua, o corpo não” no Instagram, como parte da campanha do Esporte Clube Bahia contra a cultura do estupro, este artigo analisa disputas afetivas em torno da marca, atravessadas pela questão da violência de gênero. Parte-se da assunção de que aproximações das organizações com temas sensíveis são vetores promissores do debate sobre a urgência de giros epistêmicos na comunicação frente ao atual contexto de franca dispersão das dinâmicas de produção, circulação e (...) consumo, cujas lógicas de pertenças são múltiplas, fragmentadas e conflitantes. O quadro teórico-metodológico toma o vídeo da campanha enquanto audiovisual em rede e articula a ideia de comunicação de marca à noção de formações culturais, de Raymond Williams, e aos estudos de performance. (shrink)

Biodiversity is a term easily applied in different and differing contexts. At first glance it seems to be a biological concept, defined and used in the realm of biological theory, serving for the description of particular aspects of the human and non-human environment. In this sense biodiversity even found its way into the texts of international conventions: “Biological diversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic systems and the ecological complexes (...) of which they are part; this includes diversity within species, between species and of ecosystem.” [Harper and Hawksworth (1995)] But despite this clear and distinct definition, the intension of the term BD seems to be ambiguous. This is true for the single aspects of the definition itself, for example, the discussion over “what is a species?” took place in biology during the last 200 years and it is far from being finished [Claridge et al. (1997) Species]. This discussion asks not only for the “correct” biological definition of the term, but at the same time the methodological status of this term is in question. The result of this situation can be seen in the existence of at least 10–20 different definitions, considering biological as well as methodological aspects [Bachmann (1998) Theor Biosci 117:213–230]. Setting aside the fundamental scientific problems even the application of the term, its parametrisation and finally its relevance for biological theory-building is subject matter of controversies. The same is true for further particles of the definition, e.g. the term “ecosystem”, “complexity”, “gen”, “organisms”, etc. The intensity of the debate contrasts in a peculiar way to the reaction of (non-evolutionary) biologists, insofar as the biological research seems to be untouched by the irritating results of the debate itself. Referring to this strange situation, the aim of our article is a reconsideration of the term “biodiversity”. From an epistemological point of view it can be shown that a definition of biodiversity is possible which does not refer to biological knowledge and know-how—at least in its very first steps. Biodiversity then turns out to be a metaphor for specific aspects of societal organisation, the structuration and reproduction of nature-society relations within societies, and not for biological facts at all. (shrink)

In den moralphilosophischen Debatten der letzten Jahrzehnte spielen die sogenannten Trolley-Fälle eine große Rolle. Sie kommen zum Einsatz in Diskussionen der Frage, welcher Schaden Personen im Rahmen medizinischer oder politischer Maßnahmen zugefügt werden darf, und in Diskussionen darüber, welches die richtige normative Moraltheorie ist. Allerdings kritisieren viele Philosophinnen und Philosophen diese Gedankenexperimente wegen ihrer Konstruiertheit, Künstlichkeit, Abstraktheit und ihrer Lebensferne. In diesem Beitrag werden die Einwände eines prominenten Kritikers, Allen Wood, diskutiert. Er attestiert den Trolley-Gedankenexperimenten neben den genannten Punkten außerdem, (...) dass sie moralisch nicht neutral sind, indem sie uns mit einem rhetorischen Trick dazu bringen, bestimmte Faktoren für moralisch relevant zu halten. Wood fordert deshalb, dass man auf die Verwendung dieser Gedankenexperimente in der praktischen Philosophie verzichten solle. Ich werde seine Einwände entkräften, dann aber zeigen, dass er dennoch einen wunden Punkt nennt: Die Trolley-Fälle sind aufgrund der vorgegebenen Antwortoptionen in der Hinsicht nicht moralisch neutral, dass sie voraussetzen, dass die Anzahl der zu rettenden Menschen moralisch relevant ist. Sie eignen sich daher nicht, um ebendiese Behauptung zu begründen. Dieser Mangel kann aber durch eine Modifikation der Gedankenexperimente behoben werden; ein vollständiger Verzicht auf derartige Gedankenexperimente ist also entgegen Woods Ansicht nicht notwendigerweise geboten. (shrink)

The concept of form belongs—apparently—to an older stage of biological concept formation. Paradoxically, it is even the insistence on the reference to form that shows its very disappearance.1 The more the functionalization2, systematization, and finally algorithmization of modern biology3 advances, in the sense of systems biology, synthetic biology and bioinformatics, the less audible the call for a rehabilitation of the concept of form becomes.This technomorphic tendency, to deal with living entities in terms of artifacts, increasingly brought the concept of transformation (...) into the forefront—articulated, e.g., in the formal sense by differential equations and their combination on all “levels” of the biological... (shrink)

Mirror neurons are a particular class of visumotorical neurons, originally discovered in area F5 of the monkey premotorical cortex. They discharge both (1) when the animal performs a specific action and (2) when it observes a similar action. Actually, it is often assumed that this unique functioning could explain different abilities ranging from imitation behaviour to faculty of speech. In this article, we discuss the question what is meant by the expression: The neuron x mirrors the action y by perception (...) z . The problem resulted from the fact, that neurons cannot mirror anything—except in the light of a metaphorical description. How can this metaphorical description be dissolved for a distinct and explicit scientific terminology? The basic steps of our argumentation are as follows. (1) The expression to mirror can be defined in mutual relation between different types of actions in respect of at least two participants: the proponent A, who conducts a special action x (e.g. grapping a peanut (A(x)) and the opponent B who observes these actions y (B(y)) and vice versa. (2) In order to detect different tokens as a type of action and to guarantee the changes of the participants there must be constituted a speech act in a dialogue, in which types of actions are defined by the invariance of special equivalence. (3) The change of the participants represents and defines the metaphorical expression to mirror in the light of a non-metaphorical and reproducible schema. (4) Then, the invariance of the type of action can be identified in different speech acts. Three of them (called narratives) were defined paradigmatically: (4.1) the ethological-narrative; (4.2) the neurophysiological-narrative; (4.3) the language-narrative. (5) These narratives are the modelling and explicit formulations of the primarily metaphorical expression: The neuron x mirrors the action y by perception z. (shrink)

Information: a universal metaphor in natural and cultural sciences? Content Type Journal Article DOI 10.1007/s10202-008-0046-2 Authors Michael Bölker, Philipps-Universität Marburg Fachbereich 17: Biologie Karl-von-Frisch-Straße 8 35032 Marburg Germany Mathias Gutmann, Philipps-Universität Marburg Institut für Philosophie Wilhelm Röpke Str. 6B 35032 Marburg Germany Wolfgang Hesse, Philipps-Universität Marburg Fachbereich 12: Mathematik und Informatik Hans-Meerwein-Straße 35032 Marburg Germany Journal Poiesis & Praxis: International Journal of Technology Assessment and Ethics of Science Online ISSN 1615-6617 Print ISSN 1615-6609 Journal Volume Volume 5 Journal Issue (...) Volume 5, Numbers 3-4. (shrink)

This paper attempts to nudge the reader in the direction of an enlightened account of democratic choice, a sense of reflective choice which undermines our present support of discriminatory sectarian doctrine. I use Gutmann’s and Altman’s views as prologues to my own, though they might well reject my conclusions about discriminatory religion. I contrast my view with Macedo’s, Gray’s, Larmore’s, Rosenblum’s, and Galston’s.My argument utilizes common sense and relatively uncontroversial metaphysical principles to make it more difficult to dismiss as (...) being on an ontic par with the discriminatory doctrines which it challenges. I argue that discriminatory religion might be allowed to continue to be practiced and expressed by those who would pay their own way, much as with hate groups generally, but I view our continued public subsidization of it as a failure to recognize it for what it is. (shrink)

The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, (...) class='Hi'>Gutmann and Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad.Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Controversy Between Schelling and Jacobi LEWIS S. FORD SCHELLING, ALONGWITH FICHTE, has suffered the fate of being labelled one of tIegel's predecessors. Richard Kroner provides the classic expression of this viewpoint in his monumental study, Von Kant bis Hegel, which examines Schelling's thought primarily for its contribution to Hegel's final synthesis.I In English we have Josiah Royce's sympathetic and lively account of Schelling's early romantic exuberance, regarded as (...) a transitional stage in the development of German idealism. 2 But this emphasis on the early ScheUing has led to an unfortunate neglect of his work subsequent to the break with Hegel in 1807. Schelling's romanticism, so ably documented by E. D. Hirsch, Jr., 3 can only be regarded as one phase in the total sweep of his thought, for, after the break with Hegel, Schelling produced at least three major works: the essay •ber das Wesen der menschlichen Freiheit,4 wrestling with the problem of evil and human freedom, the fragmentary Weltalter, 5 which in scope and dialectical intricacy should be compared with Hegel's Logic, and the Philosophie der Mythologie und Offenbarung, 6 furnishing a fundamental critique of the whole dialectical enterprise. Save for the essay on human freedom, however, none of these works were published during his lifetinm, as Schelling withdrew from the public eye after his controversies with Hegel and Jacobi. Thus the publishing histories of Schelling and Hegel are exactly reverse. Schelling rushed into print his early speculative gropings, while Hegel suppressed his/making the Ph~nomenologic des Geistes his first major publication. Then while Hegel's Logic and Encyclopedia were being publicly acclaimed, Schelling remained silent. This accident of history is largely responsible for the illusion that Schelling is the older of the two x (Tiibingen: J. C. B. Mohr, 1921-24),2 vols. 2The Spirit of Modern Philosophy (Boston: Houghton Mifflin, 1892), Lecture VI, 164-189. Wordsworth and ScheUing, A Typological Study of Romanticism (New Haven: Yale University Press, 1960),Yale Studies in English, Vol. CXLV. 4Friedrich Wilhelm Joseph yon Sehelling, Philosophische Untersuchungen i~berdas Wesen der menschlichen Freyheit und die damit zusaramenhdngenden Gegenstdnde, 1809. Reprinted in the Sdmmtliche Werke, Erste Abtheilung, VII. Band (Stuttgart und Augsburg: J. G. Cotta, 1856), 331-416. English translation by James Gutmann: Of Human Freedom (Chicago: Open Court, 1936). 5Three fragmentary versions of the Weltalter have been published. The Urfassungen of 1811 and 1813were edited by Manfrcd SehrSter and published as a separate Naehlassband to the M~nchener Jubildumsausgabe of the collected works: Die Weltalter, Fragmente (Munich: Biederstein, Leibniz, 1946). A later version is published in S.W. I: 8, pp. 195-344,which has been translated by Frederick de Wolfe Bolman, Jr. : The Ages of the World (NewYork: Columbia University Press, 1942). 6Philosophie der Mythologie is published in S.W. II: 1-2; Philosophie der Offenbarung in S.W. II: 3-4. These essays were first collected and published by Herman Nohl in Hegels theologische Jugendschriften (Tiibingen: 1907).T. M. Knox translated them into English, with an introduction by Richard Kroner: GeorgWilhelm Friedrich Hegel, Early Theological Writings (Chicago: University of Chicago Press, 1948). [75] 76 HISTORY OF PHILOSOPHY thinkers (actually he was five years Hegel's junior), who retired from the philosophical scene after making his contribution to the Hegelian synthesis. Paul Tillich's doctoral dissertations s and Ernst Cassirer's studies in post-Kantian thought 9 made serious inroads on this conception, yet the iIInsion persisted. Their insistence on the importance of the later Schelling has been brilliantly sustained by two recent studies: Horst Fuhrmans's Schellings Philosophie der Weltalter1~and Walter Schulz's Die Vollendung des deutschen Idealismus in der Spdtphilosophie Schellings, ~ and we may hope that the conventional estimate of Schelling will be drastically revised. Fuhrmans has demonstrated that the split between the early and the later Schelling must be placed in the year 1806 when he came in contact with Franz yon Bander in Munich, who encouraged him to delve deeper into the theological and cosmological ramifications of Jacob Boehme's thought. TM The reorientation this caused is apparent in the essay on human freedom, published in 1809, but it was not fully exploited until the... (shrink)

Ethical mysticism, by S. Coit.--The ethical import of history, by D. S. Muzzey.--The tragic and heroic in life, by W. M. Salter.--Distinctive features of the ethical movement, by A. W. Martin.--Ethical experience as the basis of religious education, by H. Neumann.--"All men are created equal," by G. E. O'Dell.--How far is art an aid to religion? by P. Chubb.--Evolution and the uniqueness of man, by H. J. Bridges.--The spiritual outlook on life, by H. J. Golding.--The ethics of Abu'l Ala al (...) Ma'arri, by N. Schmidt.--Life's unused moral force, by H. Snell.--Is the ideal real? by G. A. Smith.--Some ethical tendencies in the professions, by R. D. Kohn.--On the art of living, by W. Boerner.--The relation of the ethical ideal to social reform, by J. L. Elliott.--Concerning tolerance, by R. F. Dewey.--Ethical culture in Germany after the war, by R. Penzig.--A confession of faith, by S. B. Weston.--"Hearing the witnesses," by J. Gutmann. (shrink)

The authors offer ways to encourage and educate Americans to participate in the public deliberations that make democracy work and lay out the principles of..

I doubt that even one of her readers will agree with all of Gutmann's conclusions--but they will all have to take account of the wealth of empirical evidence and stringent reasoning in this book.

Who should have the authority to shape the education of citizens in a democracy? This is the central question posed by Amy Gutmann in the first book-length study of the democratic theory of education. The author tackles a wide range of issues, from the democratic case against book banning to the role of teachers' unions in education, as well as the vexed questions of public support for private schools and affirmative action in college admissions.

A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jürgen Habermas's extensive essay on the issues of recognition and (...) the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism.Praise for the previous edition. (shrink)

This book makes a significant contribution to the tradition of liberal political theory: it explores the foundations and limits of the idea of equality within that theory and offers a sustained argument for a persuasive new view of liberalism. Liberal thinking has always displayed a tension between the claims of liberty and those of equality. Professor Gutmann examines the contributions of liberal theorists from Locke to Rawls on the subject of two kinds of equality - equality of opportunity to (...) participate and the equal distribution of economic goods. Valuing both, she shows that, far from being alternatives, the two ideals are compatible to a much greater degree than has previously been thought. Liberal Equality restores egalitarianism to political theory in a way that will forcefully challenge its critics to deeper reflection. (shrink)

In some sense, bioethics was built on conflicts. Abortion, physician‐assisted suicide, patients’ demand for autonomy all are staple and contentious issues. And the controversies continue to proliferate. What forum best serves such debates? A look at political theories of democracy can help answer that question. The most promising for bioethics debates are theories that ask citizens and officials to justify any demands for collective action by giving reasons that can be accepted by those who are bound by the action. This (...) conception has come to be known as deliberative democracy. (shrink)

The Presidential Commission for the Study of Bioethical Issues released its first report, New Directions: The Ethics of Synthetic Biology and Emerging Technologies, on December 16, 2010.1 President Barack Obama had requested this report following the announcement last year that the J. Craig Venter Institute had created the world’s first self-replicating bacterial cell with a completely synthetic genome. The Venter group’s announcement marked a significant scientific milestone in synthetic biology, an emerging field of research that aims to combine the knowledge (...) and methods of biology, engineering, and related disciplines in the design of chemically synthesized DNA to create organisms with novel or enhanced .. (shrink)

In modern pluralist societies, political disagreement often reflects moral disagreement, as citizens with conflicting perspectives on fundamental values debate the laws that govern their public life. Any satisfactory theory of democracy must provide a way of dealing with this moral disagreement. A fundamental problem confronting all democratic theorists is to find a morally justifiable way of making binding collective decisions in the face of continuing moral conflict.

"This collection of essays is the best one-volume introduction to a timely topic: the nature, purposes, moral justifications of (and limitations on) freedom of association in liberal democracies.

Ist Leben mehr als eine Leistung „natürlicher Systeme“? Wie unterscheiden sich Lebewesen von Artefakten? Lassen sich Lebewesen genauso herstellen wie Maschinen? Diese Fragen werden mit dem Siegeszug der „converging technologies“ besonders dringlich, denn je mehr Biologie, Ingenieurswissenschaften, Informatik und Physik zusammenfinden, desto weniger scheinen gewohnte Unterscheidungen zu treffen. Doch zeigt eine systematische Rekonstruktion der Lebenswissenschaften in ihrer aktuellen Form als Systembiologie und synthetische Biologie, daß es sich dabei um ein Selbstmissverständnis der Logik wissenschaftlicher Darstellung handelt. Eine alternative Auffassung der begrifflichen (...) Struktur unserer Rede über Lebendiges ist Anliegen dieses Buches. Leben ist danach eine Formbestimmung von Tätigkeitsverhältnissen, die sowohl theoretische wie praktische Begründungen ermöglicht. Die Entfaltung der spezifisch technischen Form dieses Wissens über das Lebendige gestattet es nicht nur, szientistische Verkürzungen zu vermeiden, sondern zudem den methodischen Ort wissenschaftlicher Strukturierungen von Lebendigem auszuzeichnen. Auf dieser Grundlage wird schließlich auch „der Menschen“ durch Lebenswissenschaften darstellbar – und zwar so, wie es der historischen Form des Gegenstandes angemessen ist. (shrink)

A profound problem posed by education for any pluralistic society with democratic aspirations is how to reconcile individual freedom and civic virtue. Children cannot be educated to maximize both individual freedom and civic virtue. Yet reasonable people value and intermittently demand both. We value freedom of speech and press, for example, but want people to refrain from false and socially harmful expression. The various tensions between individual freedom and civic virtue pose a challenge that is simultaneously philosophical and political. How (...) can we resolve the tensions philosophically in light of reasonable political disagreements over the relative value of individual freedom and civic virtue? Instead of giving priority to one value or the other, this essay defends a democratic ideal ofconscious social reproduction, which consists of three principles:nonrepression, nondiscrimination, and democratic deliberation. (shrink)

Amy Gutmann argues that a just society could not, pace Michael Walzer, distribute social goods in accordance with the standards of complex equality. To support this view, Gutmann points to conflicts between multiple meanings of goods, which require adjudication in accordance with moral considerations that cut across distributive spheres. Drawing on the several meanings of productive employment and medical care in contemporary USA, she concludes that justice is complex, but not specific to distinct spheres.

Moral disagreement about public policies—issues such as abortion, affirmative action, and health care—is a prominent feature of contemporary American democracy. Yet it is not a central concern of the leading theories of democracy. The two dominant democratic approaches in our time—procedural democracy and constitutional democracy—fail to offer adequate responses to the problem of moral disagreement. Both suggest some elements that are necessary in any adequate response, but neither one alone nor both together are sufficient. We argue here that an adequate (...) conception of democracy must make moral deliberation an essential part of the political process. What we call “deliberative democracy” adds an important dimension to the theory and practice of politics that the leading conceptions of democracy neglect. (shrink)

Over the course of six years and more than two dozen meetings, members of the Presidential Commission for the Study of Bioethical Issues learned so many things: about emerging science; technological challenges; citizen engagement; the public's, experts’, and our own understandings and misperceptions; and even the nature of our own most cherished values. Our commission's commitment to democratic deliberation began deliberatively, when we decided (in the summer of 2010) upon basic principles to guide our first report. At the time, Craig (...) Venter had just announced that he had used techniques of synthetic biology to “create life,” albeit the most elementary form of life, from nonliving building blocks. Headlines alternated between applauding Venter for creating life and accusing him of playing God. It was one of those all‐too‐frequent instances where sound‐bite democracy was headed toward shedding more heat and fear than light and understanding. The commission was asked to take synthetic biology under review and make recommendations to President Obama on how to proceed. We saw the need to question the most salient facts of the matter: what were the fundamental values at stake in this kind of discovery? (shrink)

An incisive examination of bioethics and American healthcare, and their profound affects on American culture over the last sixty years, from two eminent scholars. An eye-opening look at the inevitable moral choices that come along with tremendous medical progress, Everybody Wants to Go to Heaven but Nobody Wants to Die is a primer for all Americans to talk more honestly about health care. Beginning in the 1950s when doctors still paid house calls but regularly withheld the truth from their patients, (...) Amy Gutmann and Jonathan D. Moreno explore an unprecedented revolution in health care and explain the problem with America’s wanting everything that medical science has to offer without debating its merits and its limits. The result: Americans today pay far more for health care while having among the lowest life expectancies and highest infant mortality of any affluent nation. Gutmann and Moreno—“incisive, influential, and pragmatic thinkers” (Arthur Caplan)—demonstrate that the stakes have never been higher for prolonging and improving life. From health care reform and death-with-dignity to child vaccinations and gene editing, they explain how bioethics came to dominate the national spotlight, leading and responding to a revolution in doctor-patient relations, a burgeoning world of organ transplants, and new reproductive technologies that benefit millions but create a host of legal and ethical challenges. With striking examples, the authors show how breakthroughs in cancer research, infectious disease, and drug development provide Americans with exciting new alternatives, yet often painful choices. They address head-on the most fundamental challenges in American health care: Why do we pay so much for health care while still lacking universal coverage? How can medical studies adequately protect individuals who volunteer for them? What’s fair when it comes to allocating organs for transplants in truly life-and-death situations? A lucid and provocative blend of history and public policy, this urgent work exposes the American paradox of wanting to have it all without paying the price. (shrink)

Definition of the problem. Voluntary active euthanasia is, in certain circumstances, morally permissible and should be permitted by law. Autonomous persons may have a fundamental interest in experiencing ”death in dignity” in accordance with their own preferences. This interest is protected by the concept of human dignity assumed by German law. Some prerequisites being met, the moral and legal autonomy right to determine the time and manner of one’s own death includes a right to secure active euthanasia from a willing (...) physician, and a physician’s acceding to the patient’s request be may morally the right thing to do. Arguments and conclusion: Most arguments against the justifiability of voluntary active euthanasia unveil their weakness when scrutinized. However, insofar as legalized voluntary active euthanasia would be subject to intolerable abuse, our policy options are dilemmatic, and the concept of human dignity as it has been taken for granted in German legal discourse, is questioned. There is no option other than seeking safety in legal procedures for every single case. (shrink)