In a recent case in the UK, six men stored their sperm before undergoing chemotherapy treatment for cancer in case they proved to be infertile after the treatment. The sperm was not properly stored and as a result was inadvertently destroyed. The men sued the NHS Trust that stored the sperm and were in the end successful. This paper questions the basis on which the judgement was made and the rationale behind it, namely that the men ‘had ownership’ of the (...) sperm, and that compensation was thus due on the grounds that the men’s property had been destroyed. We first argue that the claim is erroneous and enhances the tendency towards the commodification of body parts. We then suggest that the men could have been compensated for the harm done to them without granting property rights, and that this would, at least in philosophical and ethical terms, have been more appropriate. To help illustrate this, we draw on a parallel case in French law in which a couple whose embryos had been destroyed were overtly denied ownership rights in them. Finally, we suggest some possible ethical and practical problems if the proprietary view expressed in the UK ruling were to become dominant in law, with particular focus on the storing of genetic information in biobanks. We conclude that, although compensation claims should not necessarily be ruled out, a ‘no property in the body’ approach should be the default position in cases of detached bodily materials, the alternative being significantly ethically problematic. (shrink)

The essay published here in English was one of the earliest documents of the birth of the form of idealism which Giovanni Gentile called “Actual Idealism.” The most celebrated full-length statement of it was published in 1916 as General Theory of the Spirit as Pure Act. But there is no other essay in which the relation between Gentile’s view and the great German tradition from which it derives is made so plain.

“I am now convinced” wrote Hegel in 1796, “that the highest act of Reason, the one through which it encompasses all Ideas, is an aesthetic act, and that truth and goodness only become sisters in beauty - the philosopher must possess just as much aesthetic power as the poet.” The essentially Kantian inspiration of this dictum is evident, for it is the architectonic pattern of the three Critiques that dictates the structure of this program for a new beginning of speculation (...) after Kant’s attack. The theory of “beauty” in the third Critique is to provide the bridge between “truth” in the first, and “goodness” in the second Critique. (shrink)

For over a century, the Danish thinker Søren Kierkegaard has been at the center of a number of important discussions, concerning not only philosophy and theology, but also, more recently, fields such as social thought, psychology, and contemporary aesthetics, especially literary theory. Despite his relatively short life, Kierkegaard was an extraordinarily prolific writer, as attested to by the 26-volume Princeton University Press edition of all of his published writings. But Kierkegaard left behind nearly as much unpublished writing, most of which (...) consists of what are called his "journals and notebooks." Kierkegaard has long been recognized as one of history's great journal keepers, but only rather small portions of his journals and notebooks are what we usually understand by the term "diaries." By far the greater part of Kierkegaard's journals and notebooks consists of reflections on a myriad of subjects--philosophical, religious, political, personal. Studying his journals and notebooks takes us into his workshop, where we can see his entire universe of thought. We can witness the genesis of his published works, to be sure--but we can also see whole galaxies of concepts, new insights, and fragments, large and small, of partially completed but unpublished works. Kierkegaard's Journals and Notebooks enables us to see the thinker in dialogue with his times and with himself. Volume 6 of this 11-volume series includes four of Kierkegaard's important "NB" journals, covering the months from early May 1849 to the beginning of 1850. At this time Denmark was coming to terms with the 1848 revolution that had replaced absolutism with popular sovereignty, while the war with the German states continued, and the country pondered exactly what replacing the old State Church with the Danish People's Church would mean. In these journals Kierkegaard reflects at length on political and, especially, on ecclesiastical developments. His brooding over the ongoing effects of his fight with the satirical journal Corsair continues, and he also examines and re-examines the broader personal and religious significance of his broken engagement with Regine Olsen. These journals also contain reflections by Kierkegaard on a number of his most important works, including the two works written under his "new" pseudonym Anti-Climacus and his various attempts at autobiographical explanations of his work. And, all the while, the drumbeat of his radical critique of "Christendom" continues and escalates. Kierkegaard wrote his journals in a two-column format, one for his initial entries and the second for the extensive marginal comments that he added later. This edition of the journals reproduces this format, includes several photographs of original manuscript pages, and contains extensive scholarly commentary on the various entries and on the history of the manuscripts being reproduced. (shrink)

Osiurak and Reynaud offer a unified cognitive approach to cumulative technological culture, arguing that it begins with non-social cognitive skills that allow humans to learn and develop new technical information. Drawing on research focusing on how children acquire knowledge through interactions others, we argue that social learning is essential for humans to acquire technical information.