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)

SummaryWe need to classify emotions as objectual and non‐objectual. Some of the objectual emotions are dependent on the characterizations of their objects. So in these cases reason guides the emotions. But there are also other cases in which the conceptual dependency goes the other way. in the case of aesthetic judgments and certain types of judgments involving purpose, or compassion, the ability to make these judgments is dependent on being in certain emotional states. Thus in some cases emotions aid and (...) supplement reason.RésuméNous devons classer les émotions comme objectuelles et non objectuelles. Quelques‐unes des émotions objectuelles sont dépendantes des caractéristiques de leurs objets. La raison guide alors les émotions. Mais il y a aussi des cas ou la dépendance conceptuelle suit ?on;autres voies. Dans le cas de jugements esthétiques et de jugements comportant des buts, ou de la compassion, la capacityé de porter ces jugements est dépendante de certains états émotionnels dans lesquels se trouve le sujet. Ainsi, dans certains cas, les émotions aident et completent la raison.ZusammenfassungWir müssen die Gefühle in objektuelle und nicht‐objektuelle einteilen. Einige der objektuellen Gefühle sind von der Charakterisierung ihrer Objekte abhängig. In diesen Fällen lenkt die Vernunft die Gefühle. Es gibt aber auch Fälle, in welchen die begriffliche Abhängigkeit umgekehrt verläuft. Im Falle von ästhetischen Urteilen und von gewissen Urteilen, die Zwecke oder Mitgefühle betreffen, hängt die Fähigkeit, solche Urteile zu fällen, davon ab, dass man sich in bestimmten Gemütszuständen befindet. So kommt es, dass in einigen Fällen Gefühle die Vernunft unterstützen und ergänzen. (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)

This article deals with the burning issue of moral decision-making by major church assemblies,such as regional and general synods. Moral decisions by church assemblies have createdmany conflicts in churches in the past and at times did an injustice to the prophetic testimonyof churches in society. The question arises as follows: To what extent should church assembliesbe involved in moral decision-making? The central theoretical argument of this study is thatalthough the notion of a ‘biblical ethic’ is valid, synods and council of (...) churches should beextremely cautious and even hesitant to formulate moral decisions because of differences inhermeneutical approaches and the principle that the church is primarily the ‘local congregationof believers’. The church is not in the first instance a national, general or international socialstructure that should pass conclusive resolutions and that testifies by way of moderators orelected church leaders. To unfurl this central theoretical argument, the researcher refers to thecurrent hermeneutical discourses and proposes certain ideas regarding the possible role ofthe church with respect to moral decision-making. In view of the information provided, apoint of view is advocated regarding the way in which churches could be involved in moraldecision-making today. (shrink)

In their political treatises, the scholastic writers Ptolemy of Lucca and Giles of Rome discussed the question of whether women should serve in the military. The dispute came in response to Aristotle, who reported in his Politics that Plato and Socrates taught that women should receive the same military training as men and take an equal part in fighting. Such a treatment was made possible by a medieval context in which women under certain circumstances could be feudal lords responsible for (...) maintaining a contingent of knights and sometimes commanding them, and in which a large number of medieval stories of women fighters or leaders of knights circulated, some of them mythical but others based on real women. Both Giles and Ptolemy ultimately rejected female participation but, in keeping with the dialectical method, proposed arguments on both sides. These involve historical precedent, the biological and medical differences between men and women, analogies between female animals and women, divinely ordained gender roles, and the benefits of exercise. (shrink)

Some patients with schizophrenia are not told their diagnosis. The moral, clinical and practical issues involved in telling or not telling the patient are discussed. In some cases a relative is told the diagnosis but not the patient. The implications for the family and clinical outcome are outlined. A case history illustrating some of these issues is presented.

Cet article rend compte d'une vingtaine de publications récentes consacrées à l'interprétation du Cantique des cantiques, depuis les Pères de l'Église et les Médiévaux jusqu'aux exégètes modernes en passant par le Targum du Cantique . Le panorama des interprétations ainsi offert est très contrasté. Le Cantique offre un terrain d'observation idéal du rapport entre un texte biblique et son lecteur.

Using Putnam’s brain-in-a-vat thought experiment, this article argues that interpretations which assert that Hegel’s philosophy, or some portion of it, develops inan entirely a priori manner are incoherent. An alternative reading is then articulated.

Advances in genetics may soon make possible the development of ethnic bioweapons that target specific ethnic or racial groups based upon genetic markers. While occasional published reports of such research generate public outrage, little has been written about the ethical distinction (if any) between the development of such weapons and ethnically neutral bioweapons. The purpose of this paper is to launch a debate on the subject of ethnic bioweapons before they become a scientific reality.

Présentation d’une quinzaine de publications récentes sur les psaumes et le Psautier. On passe en revue des introductions et ouvrages généraux, la traduction d’H. Meschonnic, trois commentaires , des monographies sur l’histoire et la réception du texte, des travaux abordant la méthode exégétique, des études de structures, et la thèse de D. Scaiola sur les psaumes apparentés.

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)

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)

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)

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.