The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

My path to bioethics was a long and uncharted one. My journey, through a rich and varied career and three postgraduate degrees, reflects the evolving narrative of both my own life and the field of bioethics.

Correctly understood, teleosemantics is the claim that “representation” is a function term. Things are called “representations” if they have a certain kind of function or telos and perform it in a certain kind of way. This claim is supported with a discussion and proposals about the function of a representation and of how representations perform that function. These proposals have been retrieved by putting together current descriptions from the literature on neural representations with earlier explorations of the features common to (...) most things we are inclined to call representations as these were assessed in Millikan. Of interest is the degree to which these independent sources converge. I conclude that there is no need to employ any new or technical sense of the term “representation” for it to play an important role in neuroscience. (shrink)

What makes a choice hard? I discuss and criticize three common answers and then make a proposal of my own. Paradigmatic hard choices are not hard because of our ignorance, the incommensurability of values, or the incomparability of the alternatives. They are hard because the alternatives are on a par; they are comparable, but one is not better than the other, and yet nor are they equally good. So understood, hard choices open up a new way of thinking about what (...) it is to be a rational agent. (shrink)

On 26 February 2020, the German Constitutional Court rejected a law from 2015 that prohibited any form of ‘business-like’ assisted suicide as unconstitutional. The landmark ruling of the highest federal court emphasised the high priority given to the rights of autonomy and free personal development, both of which constitute the principle of human dignity, the first principle of the German constitution. The ruling echoes particularities of post-war Germany’s end-of-life debate focusing on patient self-determination while rejecting any discussion of active assistance (...) to die through a lethal injection administered by a doctor. This brief report discusses the ruling in the light of the broader sociopolitical and historical context of the German end-of-life debate. (shrink)

In ihrem Beitrag: „Poisoning the well, or how economic theory damages moral imagination" (Nelson 2016) fragt Julie Nelson -/- "What if people might act out of social and other-regarding concerns, as well as reasonable self-interest in their economic lives, but are pushed by the economic theory of self-interested utility maximization to believe that it is permissible – and perhaps even appropriate – to be irresponsible, opportunistic, and selfish when participating in markets? What if business leaders might pay attention to the (...) implications of their decisions for workers, communities, the environment, and others who are affected by their firm's actions, but economic theory encourages them to believe that they should – and in fact must – focus on getting every last dollar of profit possible?" (Nelson 2016: 184) -/- Ich lese diese Fragen von Nelson als einen Appell, die Theorie der Ökonomie umfassend auf ihre Tauglichkeit für unsere Lebenswirklichkeit zu hinterfragen. Die Theorien der Ökonomie mögen Disziplinen-intern funktional sein, sie sind damit noch lange nicht lebenstauglich. Im Gegenteil, sie erweisen sich als Überlebens-avers, im schlimmsten Falle, Leben-zerstörend. Die Aufgabe, das Wozu der Wirtschaftsphilosophie lässt sich von hier aus schon trefflich bestimmen. Die Herausforderung jedoch bleibt, Umfang und Perspektive, von wo aus die Kritik und auch die In-Blicknahme des Ganzen geschehen kann, zu verorten, und genau dieses Anliegen ist im Beitrag von Ingo Pies und Marc Hübscher zentral: Aus welcher Perspektive kann diese Frage beantwortet werden, wenn diese Bestimmung als denkerische Selbstaufklärung realisiert werden soll? (shrink)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table method (...) of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

How we experience space by listening: the concepts of aural architecture, with examples ranging from Gothic cathedrals to surround sound home theater. We experience spaces not only by seeing but also by listening. We can navigate a room in the dark, and "hear" the emptiness of a house without furniture. Our experience of music in a concert hall depends on whether we sit in the front row or under the balcony. The unique acoustics of religious spaces acquire symbolic meaning. Social (...) relationships are strongly influenced by the way that space changes sound. In Spaces Speak, Are You Listening?, Barry Blesser and Linda-Ruth Salter examine auditory spatial awareness: experiencing space by attentive listening. Every environment has an aural architecture.The audible attributes of physical space have always contributed to the fabric of human culture, as demonstrated by prehistoric multimedia cave paintings, classical Greek open-air theaters, Gothic cathedrals, acoustic geography of French villages, modern music reproduction, and virtual spaces in home theaters. Auditory spatial awareness is a prism that reveals a culture's attitudes toward hearing and space. Some listeners can learn to "see" objects with their ears, but even without training, we can all hear spatial geometry such as an open door or low ceiling. Integrating contributions from a wide range of disciplines—including architecture, music, acoustics, evolution, anthropology, cognitive psychology, audio engineering, and many others—Spaces Speak, Are You Listening? establishes the concepts and language of aural architecture. These concepts provide an interdisciplinary guide for anyone interested in gaining a better understanding of how space enhances our well-being. Aural architecture is not the exclusive domain of specialists. Accidentally or intentionally, we all function as aural architects. (shrink)

The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book considers (...) the right to know and the right not to know about your own and others’ genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media. (shrink)

Purpose This paper aims to argue for the importance of considering religious and cultural background as informing participant's access and attitudes towards digital media. Design/methodology/approach The paper takes a socio-cultural theoretical approach. In terms of methodology, it refers to case studies based on discourse analysis of online content. Findings The paper argues that the online discourse in the case studies presented discourages women from using digital media for their own empowerment. Research limitations/implications Some limitation include that this research focuses only (...) on a case study from Judaism. Future research should examine how other religious traditions impact internet access and uses. Originality/value The paper's contribution is in its novel inclusion of religion as an element of the digital divide. (shrink)

john locke argues that personal identity consists in sameness of consciousness, and he maintains that any other theory of personal identity would lead to "great Absurdities".1 This statement intimates that Locke thought carefully about alternative conceptions of personal identity and their problems. In this paper, I argue that, by understanding Locke's account of personal identity in the context of metaphysical and religious debates of his time, especially debates concerning the afterlife and the state of the soul between death and resurrection, (...) we can reveal the strengths of his view and show how his account of personal identity in terms of sameness of consciousness has the resources to avoid... (shrink)

Though active in the arts herself, Dr. Richards (psychology, Saybrook Graduate School, San Francisco; psychiatry, Harvard Medical School; McLean Hospital, Belmont, Massachusetts) views creativity more broadly and as essential to survival. As someone who helped break new ground in the assessment of creativity in the general population, she introduces 13 chapters in which interdisciplinary thinkers probe the "originality of everyday life" in individual and societal contexts. Perspectives range from Piaget's developmental stages and the more positive aspects of television viewing to (...) chaos theory and Zen Buddhism. In integrating these views, the editor enumerates the benefits of living creatively. (shrink)

This article reviews some of the definitions in circulation that reveal the varied perspectives and goals of the field of neuroethics. It discusses a brief taxonomy of neuroethical questions. It deals with two specific contentious issues, one clinical and one from social sciences and shows how neuroethicists can serve to inform and to protect. Neuroethicists need education that encompasses many domains. The study describes the academic grounding and qualifications that should be required and also considers the pivotal roles neuroethicists should (...) play. It contributes views that may help define the field of neuroethics and give structure and relevance to its activities. Finally, it concludes that neuroethicists are needed, now more than ever. (shrink)

Commercial video games are popular entertainment media and part of students’ media reality. While commercial video games’ main purpose is not learning, they nonetheless could and should serve as objects of reflection in formal educational settings. Teachers could guide student learning and reflection as well as motivate students with commercial video games, but more evidence from formal educational settings is required. We conducted two mixed methods case studies to investigate students’ reflection processes using commercial video games in regular formal high (...) school teaching. In a double lesson, 29 students of a 10th-grade biology course and 17 students of a 12th-grade advanced course on history played and discussed a commercial video game related to the current curricular topic. We examined the reflection processes of students in terms of their reactions to the teachers’ game-related statements and questions. Regarding teachers’ statements, students discussed several topics related to game enjoyment and the games’ representation of topic-related content. Regarding teachers’ questions, students discussed multiple goals in each game, how the games represented topic-related content, and how the games could be appropriate for learning. In Study 2, students additionally discussed emotions, stereotypes, violence, and the narrative related to the digital history game. We found that the discussions provided students opportunities to reflect on their game experiences and the current curricular topic as well as to practice media criticism. We further provide quantitative results on students’ perceived topic knowledge, on several facets of their learning motivation, and on their acceptance of video games. Overall, our findings illustrate the educational value of using commercial video games as objects of reflection. (shrink)

Moral sceptics maintain that there are no objective moral values, or that there is no moral knowledge, or no moral facts, or that what looks like a statement which makes a moral judgment is not really a statement and does not have a truth-value. All of this is rather, unclear because all of it is negative. It will be necessary to remove some of this unclarity because my aim in this paper is to establish a proposition which may be summarized (...) by saying: even if there are no objective moral values in one sense, there are objective moralvalues in another sense, and the latter values are good enough to do some of the jobs that objective values in the first sense would have done. A useful analogy might be that of a person who has lost her hand and has been given a prosthesis. In one sense the prosthesis is not as real as the hand, in another sense it is just as real ; most importantly, the person can do with the prosthesis enough of what she could do with the hand to make do. (shrink)

The prelims comprise: Introduction Public Policy Actions Strong Reactions to Human Cloning A Rational Approach to Public Policy.

A Reformed understanding of sickness requires that connections be drawn between the structural effects of sin and the ways that sickness is experienced in people's lives. Such an understanding can be an important resource for the bioethicist, both the bioethicist who speaks from the Reformed tradition and the bioethicist who speaks to patients and caregivers who may assume that sin and sickness are connected, but may understand that linkage in overly simplistic ways.

A modified version of Young's experiment by Shahriar Afshar demonstrates that, prior to what appears to be a ``which-way'' measurement, an interference pattern exists. Afshar has claimed that this result constitutes a violation of the Principle of Complementarity. This paper discusses the implications of this experiment and considers how Cramer's Transactional Interpretation easily accomodates the result. It is also shown that the Afshar experiment is isomorphic in key respects to a spin one-half particle prepared as ``spin up along x'' and (...) post-selected in a specific state of spin along z. The terminology ``which way'' or ``which-slit'' is critiqued; it is argued that this usage by both Afshar and his critics is misleading and has contributed to confusion surrounding the interpretation of the experiment. Nevertheless, it is concluded that Bohr would have had no more problem accounting for the Afshar result than he would in accounting for the aforementioned pre- and post-selection spin experiment, in which the particle's preparation state is confirmed by a nondestructive measurement prior to post-selection. In addition, some new inferences about the interpretation of delayed choice experiments are drawn from the analysis. (shrink)

There is an extensive philosophical literature on the interrelated issues of identity, individuality, and distinguishability in quantum systems. A key consideration is whether quantum systems are subject to a strong form of individuality termed ``haecceity'' (from the Latin for ``this-ness''). I argue that the traditional, strong form of haecceity does not apply at the quantum level, but that in order to properly account for the need for symmetrization in quantum systems, a weaker kind of haecceity must be involved, which I (...) call quantum haecceity. In the process, I also question some generally accepted tenets of the current debate, such as the idea that symmetrization of states for identical quanta must be postulated and reflects permutation invariance. Instead, I note that a perturbative Hamiltonian is required for exchange effects, which suggests that the need for symmetrization arises from specific physical conditions. (shrink)

“There is no longer any world,” wrote the late philosopher Jean-Luc Nancy in 1993, and in this paper, the sense of this loss of world is analysed in terms of the modal notions of necessity, impossibility, and possibility. Modal differentiation can illuminate what constitutes the sense of actuality in a world, and hence, what it is that has been lost regarding this actuality of being in a world. Modal thinking does not rely on knowledge of the true state of affairs, (...) nor on having a constant grasp on necessity: modal thinking enables us to discern the actual by way of the relations between necessity, possibility, and impossibility. It is on the basis of these relations that a mode of rethinking actuality is suggested. In order to pursue this line of thought, I rely on Jacques Lacan’s understanding of modalities as writing operations, concentrating mostly on certain sections from his Seminar XXI, wherein he refers to Aristotelian modal logic and mentions the analytic philosopher Jaakko Hintikka. This ternary relation between Aristotle, Hintikka, and Lacan suggests a different outlook on the actual being-such of a world. The being-such of a world, its actuality, is understood as a contingency, a possibility emerging from the relation between what is declared necessary and what is impossible. The paper shows the implications of such a modal understanding of actuality, as demonstrated in Lacan’s view of human sexuality and sexual difference. (shrink)