Inspired by the work of Richard Abel, the authors conduct a N=1 study into the career path and disciplinary records of a Dutch immigration advocate. Their aim is to offer explanations as to why some lawyers seem so impervious to discipline. The authors analyse the case from three different angles: (1) characteristics of the disciplinary system (2) the social network of the advocate in question, including his professional network, and (3) the advocate?s personality. According to the authors, the key to (...) explaining non-compliance with ethical rules lies in the interaction between these three perspectives. In the case of the immigration lawyer a lack of professional socialization and the fact that he operated on his own, without substantial feedback or criticism from his social network were important explanatory factors. The article also offers a detailed insight into the effects of an accelerated disciplinary proceeding in which a local bar president ex officio assumes a new role. (shrink)

BackgroundThis article is part of a study to gain insight into the decision-making process by looking at the views of the relatives of potential brain dead donors. Alongside a literature review, focus interviews were held with healthcare professionals about their role in the request and decision-making process when post-mortal donation is at stake. This article describes the perspectives of the relatives.MethodsA content-analysis of 22 semi-structured in-depth interviews with relatives involved in an organ donation decision.ResultsThree themes were identified: ‘conditions’, ‘ethical considerations’ (...) and ‘look back’. Conditions were: ‘sense of urgency’, ‘incompetence to decide’ and ‘agreement between relatives’. Ethical considerations result in a dilemma for non-donor families: aiding people or protecting the deceased’s body, especially when they do not know his/her preference. Donor families respect the deceased’s last will, generally confirmed in the National Donor Register. Looking back, the majority of non-donor families resolved their dilemma by justifying their decision with external arguments. Some non-donor families would like to be supported during decision-making.DiscussionThe discrepancy between general willingness to donate and the actual refusal of a donation request can be explained by multiple factors, with a cumulative effect. Firstly, half of the participants stated that they felt that they were not competent to decide in such a crisis and they seem to struggle with utilitarian considerations against their wish to protect the body. Secondly, non-donor families refused telling that they did not know the deceased’s wishes or contesting posthumous autonomy of the eligible. Thirdly, the findings emphasise the importance of Donor Registration, because it seems to prevent dilemmas in decision-making, at least for donor families.ConclusionDiscrepancies between willingness to consent to donate and refusal at the bedside can be attributed to an unresolved dilemma: aiding people or protect the body of the deceased. Non-donor families felt incompetent to decide. They refused consent for donation, since their deceased had not given any directive. When ethical considerations do not lead to an unambiguous answer, situational factors were pivotal. Relatives of unregistered eligible donors are more prone to unstable decisions. To overcome ambivalence, coaching during decision-making is worth investigation. (shrink)

In the Netherlands, consent from relatives is obligatory for post mortal donation. This study explored the perspectives of relatives regarding the request for consent for donation in cases without donor registration. A content analysis of narratives of 24 bereaved relatives of unregistered, eligible, brain-dead donors was performed. Relatives of unregistered, brain-dead patients usually refuse consent for donation, even if they harbour pro-donation attitudes themselves, or knew that the deceased favoured organ donation. Half of those who refused consent for donation mentioned (...) afterwards that it could have been an option. The decision not to consent to donation is attributed to contextual factors, such as feeling overwhelmed by the notification of death immediately followed by the request; not being accustomed to speaking about death; inadequate support from other relatives or healthcare professionals, and lengthy procedures. Healthcare professionals could provide better support to relatives prior to donation requests, address their informational needs and adapt their message to individual circumstances. It is anticipated that the number of consenting families could be enlarged by examining the experience of decoupling and offering the possibility of consent for donation after circulatory death if families refuse consent for donation after brain-death. (shrink)

This paper examines the consequences of a culture of “personal ethics” when using new methodologies, such as the use of social media sites as a source of data for research. Using SM research as an example, this paper explores the practices of a number of actors and researchers within the “Ethics Ecosystem” which as a network governs ethically responsible research behaviour. In the case of SM research, the ethical use of this data is currently in dispute, as even though it (...) is seemingly publically available, concerns relating to privacy, vulnerability, potential harm and consent blur the lines of responsible ethical research behaviour. The findings point to the dominance of a personal, bottom-up, researcher-led, ‘ethical barometer’ for making decisions regarding the permissibility of using SM data. We show that the use of different barometers by different researchers can lead to wide disparities in ethical practice - disparities which are compounded by the lack of firm guidelines for responsible practice of SM research. This has widespread consequences on the development of shared norms and understandings at all levels, and by all actors within the Ethics Ecosystem, and risks inconsistencies in their approaches to ethical decision-making. This paper argues that this governance of ethical behaviour by individual researchers perpetuates a negative cycle of academic practice that is dependent on subjective judgements by researchers themselves, rather than governed by more formalised academic institutions such as the research ethics committee and funding council guidelines. (shrink)

Sometimes people posit "beliefs" to explain mundane instrumental actions (e.g., Neil believes the switch is connected to the light, so he flipped the switch to illuminate the room). Sometimes people posit "beliefs" to explain group affiliation or identity (e.g., in order to belong to the Christian Reformed Church Neil must believe that God is triune). If we set aside the commonality of the word "belief," we can pose a crucial question: Is the cognitive attitude typically involved in the first "light (...) switch" sort of case the same as the cognitive attitude typically involved in the second "Trinity" sort of case? Or: Is mundanely believing the same cognitive relation as groupishly believing? In this essay, I argue that the answer is no. Mundane Beliefs play their instrumental roles well if they are true, and their manner of processing is accordingly sensitive to evidence. Groupish Beliefs play their identity-constituting roles well if they are distinctive, and their manners of processing accordingly allow for and often support distortions of evidence and truth. The manners of processing are thus so different that--despite the common word "belief"--philosophy of mind and epistemology would do well to recognize distinct cognitive attitudes. (shrink)

Over 30 million people worldwide have taken a commercial at-home DNA test, because they were interested in their genetic ancestry, disease predisposition or inherited traits. Yet, these consumer DNA data are also increasingly used for a very different purpose: to identify suspects in criminal investigations. By matching a suspect’s DNA with DNA from a suspect’s distant relatives who have taken a commercial at-home DNA test, law enforcement can zero in on a perpetrator. Such forensic use of consumer DNA data has (...) been performed in over 200 criminal investigations. However, this practice of so-called investigative genetic genealogy raises ethical concerns. In this paper, we aim to broaden the bioethical analysis on IGG by showing the limitations of an individual-based model. We discuss two concerns central in the debate: privacy and informed consent. However, we argue that IGG raises pressing ethical concerns that extend beyond these individual-focused issues. The very nature of the genetic information entails that relatives may also be affected by the individual customer’s choices. In this respect, we explore to what extent the ethical approach in the biomedical genetic context on consent and consequences for relatives can be helpful for the debate on IGG. We argue that an individual-based model has significant limitations in an IGG context. The ethical debate is further complicated by the international, transgenerational and commercial nature of IGG. We conclude that IGG should not only be approached as an individual but also—and perhaps primarily—as a collective issue. There are no data in this work. (shrink)

Imagination contributes to human agency in ways that haven't been well understood. I argue here that pathways from imagistic imagining to emotional engagement support three important agential capacities: 1. bodily preparedness for potential events in one's nearby environment; 2. evaluation of potential future action; and 3. empathy-based moral appraisal. Importantly, however, the kind of pathway in question (I-C-E-C: imagining-categorization-emotion-conceptualization) also enables engagement with fiction. So human enchantment with fiction is a consequence of imaginative pathways that make us the kind of (...) agents we are. Finally, I use this approach to address imaginative resistance and the paradox of fiction. [The version archived here is a penultimate draft. Please email me at neilvl@gmail.com to receive a pdf of the final in accordance with fair use.]. (shrink)

The article sets out a framework for analysing the way discourses construct legitimation for social practices in public communication as well as in everyday interaction. Four key categories of legitimation are distinguished: 1) ‘authorization’, legitimation by reference to the authority of tradition, custom and law, and of persons in whom institutional authority is vested; 2) ‘moral evaluation’, legitimation by reference to discourses of value; 3) rationalization, legitimation by reference to the goals and uses of institutionalized social action, and to the (...) social knowledges that endow them with cognitive validity; and 4) mythopoesis, legitimation conveyed through narratives whose outcomes reward legitimate actions and punish non-legitimate actions. Examples are drawn from texts legitimating or de-legitimating compulsory education, including children’s books, brochures for parents, teacher training texts, and media texts. (shrink)

The development of neonatology and the establishment of neonatal intensive care units has led to a vast array of new medical ethical problems and dilemmas centered around discontinuing treatment or nontreatment decisions. Neonatology has become one of the fields that has made clear that medical success is only rarely nonproblematic. The new technology can be a blessing for some, but it may also become a sad experience to others, with life-long repercussions.The ethical problems of neonatology transcend national boundaries. Nevertheless, there (...) are differences in approach among various countries. In The Netherlands, the ethical deliberations have been a matter of public debate, but most of the decision making is left to the medical profession; these decisions are considered too harsh for the general public. Recently, two developments have emerged. The Royal Dutch Medical Association and the Dutch Pediatrics Society have published reports with guidelines and ethical reflections. Over the same period of time, cases have been brought to court for legal analysis and the development of case precedence. (shrink)

Millions of human biological samples are stored worldwide for medical research or treatment purposes. These biospecimens are of enormous potential value to law enforcement as DNA profiles can be obtained from these samples. However, forensic use of such biospecimens raises a number of ethical questions. This article aims to explore ethical issues of using human bodily material in medical biobanks for crime investigation and prosecution purposes. Concerns about confidentiality, trust, autonomy and justice will be discussed. We explore how to balance (...) these concerns against the importance of crime solving. Relevant case examples of forensic use of medical biobanks show that requests by law enforcement to access biobanks are handled in disparate ways. We identify some core ethical issues and conclude that further research on these issues is needed to provide ethical guidance. (shrink)

New developments in genetics are rapidly spreading over the Western World. The standards of clinical practice differ however according to local value- and health-care systems. In this article a short survey is given of Dutch developments in this field. An effort is made to explain the philosophical and ethical background of Dutch policy by concentrating on autonomy, responsibility and the right not to know.

I raise three puzzles concerning self-deception: (i) a conceptual paradox, (ii) a dilemma about how to understand human cognitive evolution, and (iii) a tension between the fact of self-deception and Davidson’s interpretive view. I advance solutions to the first two and lay a groundwork for addressing the third. The capacity for self-deception, I argue, is a spandrel, in Gould’s and Lewontin’s sense, of other mental traits, i.e., a structural byproduct. The irony is that the mental traits of which self-deception is (...) a spandrel/byproduct are themselves rational. (shrink)

De Cruz and Levy, in their commentaries on Religion as make‐believe, present distinct questions that can be addressed by clarifying one core idea. De Cruz asks whether one can rationally assess the mental state of religious credence that I theorize. Levy asks why we should not explain the data on religious “belief” merely by positing factual beliefs with religious contents, which happen to be rationally acquired through testimony. To both, I say that having religious credences is p‐irrational: a purposeful departure (...) from rational thought and behavior, where the purpose in question is maintaining a group identity. (shrink)

Perceptual experience can be explained by contextualized brain dynamics. An inner loop of ongoing activity within the brain produces dynamic patterns of synchronization and de- synchronization that are necessary, but not sufficient, for visual experience. This inner loop is controlled by evolution, development, socialization, learning, task and perception- action contingencies, which constitute an outer loop. This outer loop is sufficient, but not necessary, for visual experience. Jointly, the inner and outer loop may offer sufficient and necessary conditions for the emergence (...) of visual experience. This hypothesis has methodological, empirical, theoretical, and philosophical implications. (shrink)

ion is arguably one of the most important methods in modern science in analysing and understanding complex phenomena. In his book The Philosophy of Information, Floridi (The philosophy of information. Oxford University Press, Oxford, 2011) presents the method of levels of abstraction as the main method of the Philosophy of Information. His discussion of abstraction as a method seems inspired by the formal methods and frameworks of computer science, in which abstraction is operationalised extensively in programming languages and design methodologies. (...) Is it really clear what we should understand by levels of abstraction? How should they be specified? We will argue that levels of abstraction should be augmented with annotations, in order to express semantic information for them and reconcile the method of level of abstraction (LoA’s) with other approaches. We discuss the extended method when applied e.g. to the analysis of abstract machines. This will lead to an example in which the number of LoA’s is unbounded. (shrink)

_ Source: _Volume 35, Issue 1, pp 158 - 167 This paper deals with the influence of De veritate on Van Limborch’s Amica collatio cum erudito Judaeo, which is often considered as an early example of interfaith dialogue in a tolerant atmosphere. The first section introduces the Remonstrant theologian Van Limborch, with special attention to his relation to Grotius. The second section focuses on the Collatio. Van Limborch’s discussion partner Orobio de Castro is introduced. The way in which the dialogue (...) develops is sketched: it starts in a reasonable mode, but towards the end Van Limborch’s tone can hardly be called ‘friendly’ anymore. He cannot accept that a reasonable man does not see the superiority of Jesus, and tries to convert his discussion partner. The third section summarizes the influence of Grotius on the Collatio. Van Limborch learned from him not to argue about dogmatic constructions, but to start from the Bible and its unquestionable revelations. He follows the logic of De veritate, Book II and III, arguing that the truth about Jesus can only be proven from the New Testament, which contains reliable testimonies to him and his miracles. He follows the tenor of Book v as well, arguing that the Jews should look upon the miracles of Jesus as sufficiently attested and greater than those of Moses, and therefore should convert themselves. On closer analysis the Collatio can hardly be considered as an example of interfaith tolerance, neither can Grotius’ De veritate. (shrink)

De burgemeester van Etterbeek liet tijdens de afgelopen periode van vrieskou daklozen van straat halen. Soms tegen hun wil in. Omdat het soms nodig is om mensen tegen zichzelf te beschermen.

Dutch developments on euthanasia have drawn much attention over the years. Defenders and opponents have been telling very different stories about the practice of euthanasia and the frequency of cases, and the Dutch government has been struggling with the legal and moral problems involved. Concern about the procedures followed by physicians as well as questions on the “real” figures led the government to decide to organize an epidemiological study on the extent and the decision making. The results of the study (...) were published in November 1991. Interpretation of the data may lead to a final settlement of the debate on euthanasia and has inevitably led to a revival of the moral debate of the 1970s. For the moment it has been decided that euthanasia will remain officially illegal under the Penal Code. However, in cases where euthanasia does occur, Attorneys General will continue to check the procedures followed by physicians to ensure no abuses have occurred and to safeguard physicians against prosecution. In this contribution, we discuss the development and intertwinement of legal, medical, and moral aspects of euthanasia in The Netherlands and the effects of the empirical studies of 1991, both on definitions and procedures for medical decisions at the end of life. (shrink)

This article defends the ethical importance and contemporary relevance of Beauvoir’s 1945 play, Useless Mouths. While the core of Beauvoir’s moral philosophy is already present in this play, she develops it not as a universal maxim but in terms of a historically grounded struggle against exploitation. A Marxist-feminist reading of Beauvoir’s play reveals the moral problem immanent to capitalist modernity: despite the ideals of liberal morality, human life is ontologically worthless.

The recent claiming of Simone de Beauvoir's legacy by French feminists for a policy of assimilation of Muslim women to Western models of self and society reduces the complexity and richness of Beauvoir's views in inacceptable ways. This article explores to what extent a politics of difference that challenges the ideals and political strategies of abstract liberalism can be extracted from and legitimized by the philosophies of Simone de Beauvoir and Jean-Paul Sartre. Without assuming their thought is identical, we can (...) read them as elucidating each other and as implicitly exposing weak and strong points in their respective philosophies on ethnocultural relations and social identities. (shrink)

Although sexual difference is widely regarded as the concept that lies at the center of Luce Irigaray's thought, its meaning and significance is highly contested. This dissensus, however, attests to more than merely the existence of a recalcitrant conceptual ambiguity. That is, Irigaray's discussion of sexual difference remains fraught not because she leaves this concept undefined but because the centrality of sexual difference in fact marks a complex and unstable nexus of phenomena that shift throughout her work. Consequently, if Irigaray (...) is indeed the preeminent thinker of sexual difference, this is not in virtue of her recurrent appeal to a monolithic, readily digestible concept but rather somehow despite the absence of precisely this gesture. In this paper, I will attempt to elucidate the peculiar preeminence of sexual difference in Irigaray's work by identifying her persistent, though largely unexamined, commitment to transcendental phenomenology. Indeed, I attempt to show that the complex of phenomena of sexual difference emerges in L'oubli de l'air and The Way of Love as a modulation of Heidegger's own revision of transcendental phenomenology. In this sense, the peculiar preeminence of sexual difference does not mark the centrality of a concept but Irigaray's amplification of this Heideggerian gesture. (shrink)