In this article some of the presuppositions that underly the current ideas about decision making capacity, autonomy and independence are critically examined. The focus is on chronic disorders, especially on chronic physical disorders. First, it is argued that the concepts of decision making competence and autonomy, as they are usually applied to the problem of legal (in)competence in the mentally ill, need to be modified and adapted to the situation of the chronically (physically) ill. Second, it is argued that autonomy (...) and dependence must not be considered as two mutually exclusive categories. It is suggested that decision making may take on the form of a more or less conscious decision not to be involved in making all kinds of explicit and deliberate decisions. Elaborating on Agich's distinction between ideal and actual autonomy, the concept of Socratic autonomy is introduced. (shrink)

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is (...) constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about. (shrink)

Most discussions of near-death experiences (NDEs) in both the academic and popular literature contend that they establish ('prove') supernaturalism (about NDEs): they show that the mind is not the brain (and can continue after the brain stops functioning), and they bring us into contact with non-physical realms. I believe that the evidence provided by NDEs for supernaturalism is not persuasive, but I offer an alternative, naturalistic interpretation of these phenomena. On this interpretation, NDEs are 'real' in both senses of the (...) term: they really occur (people really have them, with the experiential content ascribed to them), and they are accurate. On this interpretation, NDEs are fundamentally about a journey from the known to the unknown, guided by a trusted mentor. Thus, NDEs accurately depict the possibilities for dying. Negative NDEs indicate the possibility of dying in cold, sterile, lonely circumstances, whereas positive NDEs point to the possibility of 'dying well', surrounded by loved ones. This is an interpretation that avoids the problems for supernaturalism of the gap between evidence and conclusion, and the commitment to causal interaction between physical and non-physical realms. (shrink)

The doctrine of international law, while proclaiming Grotius to be its Founding Father, has deviated on some important issues from the latter's teachings. However, the development of international law itself may force writers on international law to renew acquaintance with Grotius' own conceptions. This article tries to illustrate these conclusions by giving some examples.

It is often argued that clinical research should not violate the Kantian principle that people must not be used merely as a means for the purposes of others. At first sight, the practice of clinical research itself, however, seems to violate precisely this principle: clinical research is often beneficial to future people rather than to participants; even if participants benefit, all things considered, they are exposed to discomforts which are absent both in regular care for their diseases and in other (...) areas of daily life. Therefore, in this paper we will consider whether people are used merely as a means by being enrolled in clinical research. On the basis of recent studies of Kantian scholars we will argue that clinical research is compatible with the Kantian principle if the conditions of possible consent and end-sharing have been met. Participants are not used merely as a means if they have sufficient reasons to consent to being enrolled in clinical research and can share the ends of the researchers who use them. Moreover, we will claim that even if people are used merely as a means by participating in clinical research, it may not always be morally wrong to use them in this way. (shrink)

The first few years of driving is a critical period when driving skills develop and the driving style is established. While the actual driving skills improve during the first few years of driving, a novice driver’s view of himself/herself as a safe and/or skilful driver also develops rapidly. The aim of this study was to investigate self-evaluated driver safety and perceptual-motor skills among different age groups of young drivers, along with the relationships between self-evaluated skills and driving behaviour. The sample (...) consisted of a stratified random sample of 18–25-year-old drivers from the Finnish driving licence register. The questionnaires, which included the Driver Skill Inventory, Driver Behaviour Questionnaire and background information, were completed and returned by a total of 1,058 participants. While female drivers assessed their safety skills to be higher than their perceptual-motor skills, the opposite was true for males. In both sexes, perceptual-motor skills increased, and safety skills decreased with experience. Perceptual-motor skills correlated negatively with safety skills, lapses and errors, but positively with aggressive and ordinary violations. Safety skills correlated negatively with all DBQ variables. Safety orientation seems to be most clearly reflected in deliberate aberrant driving behaviours. Sex differences were observed in the development of behaviours and skills, perceptual-motor skills only increased with age among males, while safety skills decreased through experience among both men and women. Results showed that driving experience was strongly related to both driving style and the drivers’ view of their skills, highlighting the importance of the first few years of driving. (shrink)

Collective memory can be used conceptually to examine African-American perceptions of wildlands and black interaction with such places. The middle-American view of wildlands frames these terrains as refuges—pure and simple, sanctified places distinct from the profanity of human modification. However, wild, primitive areas do not exist in the minds of all Americans as uncomplicated or uncontaminated places. Three labor-related institutions—forest labor, plantation agriculture, and sharecropping—and terrorism and lynching have impacted negatively on black perceptions of wildlands, producing an ambivalence toward such (...) places among African Americans. (shrink)

This article analyses MNCs, worker identity and the ethical vulnerability caused by over-reliance on expatriate managers and under-reliance on local managers, who are often undervalued. It is argued that MNCs not only need but also have an obligation to assess local managers’ knowledge and contributions as having not only operational and market values, but also institutional value. Local managers both give access to and form part of local social capital and the treatment they receive is an element in the CSR (...) performance of the MNCs. Recognition of the value of equal treatment creates an ethical imperative that the barriers of cultural difference be overcome. We see such an approach towards local managers as more fully taking into account the human rights of these local managers. Such a holistic approach is increasingly relevant for MNCs in the 21st century, as MNCs increasing globalize into new large emerging markets such as Brazil, Russia, India and China. (shrink)

Ethical issues relating to the use of the injectable contraceptive in developed and developing countries alike involve public policy decisions concerning both criteria for testing a new drug and individual choices about using a specific form of contraception approved for national distribution. Drug testing consists of an important but still evolving set of procedures. Depo-Provera is not qualitatively different from any other drug and some unpredictable risks are inevitable, even after extensive animal experiments and clinical trials. In assessing the risks (...) and benefits of Depo-Provera use, epidemiological data from large-scale human use is now beginning to become more important than data from animal experiments and clinical trials. The consumer's best interest is central to any ethically responsible system of drug distribution. Systems of informed choice are needed, even in societies where illiteracy remains common and medical services are weak. In the case of a contraceptive, the risks of non-use leading to unintended pregnancy, which can result in high mortality, are relevant as well as the side-effects of the method. An attempt, therefore, is made here to categorise those issues which are universal and those which are country-specific. (shrink)

Cosmological boundary conditions for particles and fields are often discussed as a Cauchy problem, in which configurations and conjugate momenta are specified on an “initial” time slice. But this is not the only way to specify boundary conditions, and indeed in action-principle formulations we often specify configurations at two times and consider trajectories joining them. Here, we consider a classical system of particles interacting with short range two body interactions, with boundary conditions on the particles’ positions for an initial and (...) a final time. For a large number of particles that are randomly arranged into a dilute gas, we find that a typical system trajectory will spontaneously collapse into a small region of space, close to the maximum density that is obtainable, before expanding out again. If generalizeable, this has important implications for the cosmological arrow of time, potentially allowing a scenario in which both boundary conditions are generic and also a low-entropy state “initial” state of the universe naturally occurs. (shrink)

ABSTRACT Scholarship in the area of social movements points to the importance of inter-group collaboration and alliance building. In the case of Indigenous-led movements and the issue of solidarity with non-Indigenous movement participants, scholarship at the intersection of Native studies and social movements suggests that such alliances can be built and sustained but that unlearning colonial attitudes and behaviors is central to this process. Through in-depth interviews with non-Native solidarity participants, this article considers how engagement with Indigenous thought and action (...) re-shapes particpants’ conceptions of environment and place. Findings suggest that such involvement calls attention to histories of violence as well as ongoing practices of dispossession causing activists to grapple not only with their personal and family histories but also with their evolving relationship with environmentalism. (shrink)

Researchers are increasingly applying neuroscience technologies that probe or manipulate the brain to improve educational outcomes. However, their use remains fraught with ethical controversies. Here, we investigate the acceptability of neuroscience applications to educational practice in two groups of young adults: those studying bioscience who will be driving future basic neuroscience research and technology transfer, and those studying education who will be choosing among neuroscience-derived applications for their students. Respondents rated the acceptability of six scenarios describing neuroscience applications to education (...) spanning multiple methodologies, from neuroimaging to neuroactive drugs to brain stimulation. They did so from two perspectives (student, teacher) and for three recipient populations (low-achieving, high-achieving students, students with learning disabilities). Overall, the biosciences students were more favorable to all neuroscience applications than the education students. Scenarios that measured brain activity (i.e., EEG or fMRI) to assess or predict intellectual abilities were deemed more acceptable than manipulations of mental activity by drug use or stimulation techniques, which may violate body integrity. Enhancement up to the norm for low-achieving students and especially students with learning disabilities was more favorably viewed than enhancement beyond the norm for high-achieving students. Finally, respondents rated neuroscientific applications to be less acceptable when adopting the perspective of a teacher than that of a student. Future studies should go beyond the acceptability ratings collected here to delineate the role that concepts of access, equity, authenticity, agency and personal choice play in guiding respondents’ reasoning. (shrink)

An automated system for monitoring facial expressions could increase the reliability, sensitivity, and precision of the research on the relationship between facial signs and experiences of pain, and it could lead to new insights and diagnostic methods. This commentary examines whether the research on facial expression of pain, as reported by Williams, provides a sufficient basis for machine understanding of pain-associated facial expressions.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS At the Origins of Modern Atheism. By MICHAEL J. BucKLEY, S.J. New Haven and London: Yale University Press, 1987. Pp. viii+ 445. Writing ostensibly a history of the philosophical origins of 18th century atheism in 17th century theism, Michael Buckley, S.J., has contributed a learned, subtle, and provocative hook whose length is significantly increased and whose focus is considerably enlarged by a running commentary about the metatheory (...) (Richard McKeon's philosophical semantics) that structures his reading of the chosen theists and atheists. Buckley provides the best summary of his own historical conclusion: "... theology generated apologetic philosophy and philosophy generated Universal Mechanics, and these in turn co-opted theology to become the foundations of theistic assertions... [But] when the contradictions between Cartesian and Newtonian mechanics were further negated... god became a deus otiosus" [pp. 358-359]. This conclusion rests on a philosophical principle whose elements are taken from Plato's Seventh Epistle: " The name, the definition, and the instance for the atheistic negations are all set by the current theism " [p. 15]. In turn, this principle is justified by a cluster of meta-theses that are not easily summarized, although one stands above the rest: " Much more may he involved in such a process of ideas [from 17th century theism to 18th century atheism] than their· own internal necessity, hut internal necessity remains and governs inherently " [p. 334]. The latter meta-thesis asserts that there is a dialectic of ideas and it is from this point of view that Buckley reads the conceptual history of modern atheism. Dialectical necessity is a bugbear for many contemporary philosophers, hut Buckley argues, convincingly I think, that some kind of conceptual necessity links theism and atheism. Atheism is, essentially, the negation of a particular form of theism. In Hegelian terms, atheism is a determinate negation which draws all of its conceptual content from what it negates. Buckley, however, puts an even greater Hegelian spin on the same point. If the theism carries within itself a contradiction, it negates itself and, thereby, dialectically generates its contradiction-atheism [cf. p. 17]. " Modern atheism took not only its meaning hut its existence from the self-alienation of religion " [p. 359]. A theism that believes in the existence of an intelligent, personal God, Who creates and orders the universe, but that attempts a rational 144 BOOK REVIEWS 145 justification of this belief apart from the religious experience that alone can embody such a faith contains exactly the kind of inner contradiction that generates the negation of itself. Buckley focuses on the poignant contradiction of a Christian theology abandoning " the religious figure of Jesus as the principal evidence for the reality of God" [p. 41] in favor of some philosophy (whether that of Descartes, Malebranche, or Newton) which provides a different and allegedly more certain kind of evidence for God's existence. This theology, or more precisely the theistic philosophies it spawned, are the sources of modern atheism because, if Descartes and Newton are consistently combined, philosophy can do quite well without God. Laplace's famous reply to Napoleon, although it was not originally an atheistic slogan, captures what Diderot and d'Holbach thought: God is an unnecessary hypothesis in a truly universal mechanics which needs to presuppose only matter and motion. The historical story, of course, is more complicated than this skeleton dialectic can suggest. Buckley richly details the story but I shall rehearse only its opening chapter. Buckley begins with the Jesuit theologian, Leonard Lays (1554-1623), usually known under his Latin name, Lessius, whose De providentia numinis et anima immortalitate (1613) set the pattern for subsequent Catholic theology. Lessius, who was convinced that atheism by eliminating the eternal judge destroys morals and sound politics, revived Stoic arguments, numerous variations on a theme, which show that the universe is everywhere imprinted with a divine design. Lessius's intent, although he referred only to ancient philosophers, was not to replay the classical battle between the Stoics and the Epicureans but to combat the atheism, silent and disguised in contemporary Europe, that Lessius thought to be the inevitable outcome of the wars of religion and theological fights. Lessius, however, paid scant attention to his own insight... (shrink)

In this paper I argue that to explain and resolve some kinds of disagreement we need to go beyond what logic alone can provide. In particular, following Perelman, I argue that we need to consider how arguments are ascribed different strengths by different audiences, according to how accepting these arguments promotes values favoured by the audience to which they are addressed. I show how we can extend the standard framework for modelling argumentation systems to allow different audiences to be represented. (...) I also show how this formalism can explain how some disputes can be resolved while in others the parties can only agree to differ. I illustrate this by consideration of a legal example. Finally, I make some suggestions as to where these values come from, and how they can be used to explain differences across jurisdictions, and changes in views over time. (shrink)