Modern Proposals for Regulating Ecocide: pragmatic, ideological or diplomatic. Towards a legal concept befitting the ecological challenges of our time. This article argues that the current debate on ecocide law is gridlocked due to an overlooked incongruency within the 2021 Independent Expert Panel’s ecocide proposal. To reinvigorate the discussion, the Panel’s proposal is compared with earlier proposals by Polly Higgins and Richard Falk. Analysis of the challenges, objectives, and legal solutions in each proposal reveals a respectively ideological, diplomatic or pragmatic (...) approach. Incongruencies are found in Higgins’ and the Panel’s proposals, while Falk’s proposal shows consistency. The incongruence between the challenges, objectives and legal solutions arguably has its roots in fundamental methodological discrepancies between ideal and non-ideal theory. For a juridically viable solution a congruent non-ideal approach should be adopted, resulting in a multitude of laws and regulations addressing various objectives that are often incompatible in one singular article to effectively tackle environmental challenges. (shrink)

What, at this historical moment "after Auschwitz," still remains of the questions traditionally asked by theology? What now is theology's minimal degree? This magisterial study, the first extended comparison of the writings of Theodor W. Adorno and Emmanuel Levinas, explores remnants and echoes of religious forms in these thinkers' critiques of secular reason, finding in the work of both a "theology in pianissimo" constituted by the trace of a transcendent other. The author analyzes, systematizes, and formalizes this idea of an (...) other of reason. In addition, he frames these thinkers' innovative projects within the arguments of such intellectual heirs as Jürgen Habermas and Jacques Derrida, defending their work against later accusations of "performative contradiction" (by Habermas) or "empiricism" (by Derrida) and in the process casting important new light on those later writers as well. Attentive to rhetorical and rational features of Adorno's and Levinas's texts, his investigations of the concepts of history, subjectivity, and language in their writings provide a radical interpretation of their paradoxical modes of thought and reveal remarkable and hitherto unsuspected parallels between their philosophical methods, parallels that amount to a plausible way of overcoming certain impasses in contemporary philosophical thinking. In Adorno, this takes the form of a dialectical critique of dialectics in Levinas, that of a phenomenological critique of phenomenology, each of which sheds new light on ancient and modern questions of metaphysics, ethics, and aesthetics. For the English-language publication, the author has extensively revised and updated the prize-winning German version. (shrink)

If religion once seemed to have played out its role in the intellectual and political history of Western secular modernity, it has now returned with a vengeance. In this engaging study, Hent de Vries argues that a turn to religion discernible in recent philosophy anticipates and accompanies this development in the contemporary world. Though the book reaches back to Immanuel Kant, Martin Heidegger, and earlier, it takes its inspiration from the tradition of French phenomenology, notably Emmanuel Levinas, Jean-Luc Marion, (...) and, especially, Jacques Derrida. Tracing how Derrida probes the discourse on religion, its metaphysical presuppositions, and its transformations, de Vries shows how this author consistently foregrounds the unexpected alliances between a radical interrogation of the history of Western philosophy and the religious inheritance from which that philosophy has increasingly sought to set itself apart. De Vries goes beyond formal analogies between the textual practices of deconstruction and so-called negative theology to address the necessity for a philosophical thinking that situates itself at once close to and at the farthest remove from traditional manifestations of the religious and the theological. This paradox is captured in the phrase adieu ( à dieu ), borrowed from Levinas, which signals at once a turn toward and a leave-taking from God -- and which also gestures toward and departs from the other of this divine other, the possibility of radical evil. Only by confronting such uncanny and difficult figures, de Vries claims, can one begin to think and act upon the ethical and political imperatives of our day. (shrink)

Sometimes the simplest forms are the most difficult to explain. Perhaps the reason for this is that one estimates the problems involved as being too simple, too obvious, and does not seek, therefore, to penetrate to their core. Besides, there is an aura of the primitive and underivative about a literary form we are used to considering as popular; we hardly dare profane it by dry, objective analysis. As the tradition of a community, it shares the anonymity of the latter. (...) Seeking the traces of creative and tradition-conscious personages, we find only an amorphous mass of the unknown. No wonder that the riddle has been relegated back to prehistoric times, permitting us to conceal its problems behind a veil of mystery. (shrink)

Many individuals on the autism spectrum are hypersensitive to certain sensory stimuli. For this group, as well as for non-autistic individuals with sensory processing disorders, being exposed to e.g. fluorescent lights, perfume odours, and various sounds and noises can be real torment. In this article, I consider the normative implications of such offence for the design of office spaces, which is a topic that has not received any attention from philosophers. After identifying different ways in which the senses of hypersensitive (...) workers might be protected within these spaces, I show that many of such accommodations can be made at reasonable cost, before arguing that doing so ought to be a legal requirement. (shrink)

Over the past decade, many philosophers have argued that to respect the moral equality of their citizens, states should be neutral toward certain forms of diversity among their populations. Areas in which the state neutrality has been advocated include, but are not limited to, citizens’ different religions; languages; and sexual orientations. However, there remains an important area where its normative (ir)relevance has not been discussed: That of neurodiversity. After identifying several ways in which contemporary states disfavor the interests of neurodivergent (...) groups relative to the neurotypical majority, including those of autistic people; dyslectic people; and people with ADHD, the most promising would be-justifications for such unequal treatment are considered. They maintain respectively that states only have to be neutral toward differences that feature in people’s conceptions of the good life; that addressing the discussed neuro-inequalities is too costly, whether financially or otherwise; that doing so raises intolerable risks of a public backlash; and that a commitment to neuro-neutrality leads to overinclusion. None are found to be convincing across the board, which leads me to conclude that states should become significantly more neuro-neutral than they are today. (shrink)

The tendency towards an increasing integration of the informational web into our daily physical world (in particular in so-called Ambient Intelligent technologies which combine ideas derived from the field of Ubiquitous Computing, Intelligent User Interfaces and Ubiquitous Communication) is likely to make the development of successful profiling and personalization algorithms, like the ones currently used by internet companies such as Amazon , even more important than it is today. I argue that the way in which we experience ourselves necessarily goes (...) through a moment of technical mediation. Because of this algorithmic profiling that thrives on continuous reconfiguration of identification should not be understood as a supplementary process which maps a pre-established identity that exists independently from the profiling practice. In order to clarify how the experience of one’s identity can become affected by such machine-profiling a theoretical exploration of identity is made (including Agamben’s understanding of an apparatus , Ricoeur’s distinction between idem - and ipse -identity, and Stiegler’s notion of a conjunctive–disjunctive relationship towards retentional apparatuses ). Although it is clear that no specific predictions about the impact of Ambient Intelligent technologies can be made without taking more particulars into account, the theoretical concepts are used to describe three general scenarios about the way wherein the experience of identity might become affected. To conclude, I argue that the experience of one’s identity may affect whether the cases of unwarranted discrimination resulting from ubiquitous differentiations and identifications within an Ambient Intelligent environment, will become a matter of societal concern. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call the bioethical project. Two decades ago - when bioethics was just getting up on its organizational feet - Renée Fox and Judith (...) Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to say ifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

Volume 19, Issue 10, October 2019, Page 40-42.

Scientific interest in genomics in Africa is on the rise with a number of funding initiatives aimed specifically at supporting research in this area. Genomics research on material of African origin raises a number of important ethical issues. A prominent concern relates to sample export, which is increasingly seen by researchers and ethics committees across the continent as being problematic. The concept of genomic sovereignty proposes that unique patterns of genomic variation can be found in human populations, and that these (...) are commercially, scientifically or symbolically valuable and in need of protection against exploitation. Although it is appealing as a response to increasing concerns regarding sample export, there are a number of important conceptual problems relating to the term. It is not clear, for instance, whether it is appropriate that ownership over human genomic samples should rest with national governments. Furthermore, ethnic groups in Africa are frequently spread across multiple nation states, and protection offered in one state may not prevent researchers from accessing the same group elsewhere. Lastly, scientific evidence suggests that the assumption that genomic data is unique for population groups is false. Although the frequency with which particular variants are found can differ between groups, such genes or variants per se are not unique to any population group. In this paper, the authors describe these concerns in detail and argue that the concept of genomic sovereignty alone may not be adequate to protect the genetic resources of people of African descent. (shrink)

Love, sex, and physical intimacy are some of the most desired goods in life and they are increasingly being sought on dating apps such as Tinder, Bumble, and Badoo. For those who want a leg up in the chase for other people’s attention, almost all of these apps now offer the option of paying a fee to boost one’s visibility for a certain amount of time, which may range from 30 min to a few hours. In this article, I argue (...) that there are strong moral grounds and, in countries with laws against unconscionable contracts, legal ones for thinking that the sale of such visibility boosts should be regulated, if not banned altogether. To do so, I raise two objections against their unfettered sale, namely that it exploits the impaired autonomy of certain users and that it creates socio-economic injustices. (shrink)

Over the past decade, many politicians and celebrities in North America have found themselves embroiled in scandals that involved them having worn black make-up and in at least one incident white make-up. In most of these cases, the used make-up was part of a costume for Halloween, Purim, Carnival, or a themed party. This article challenges the view that wearing cross-racial make-up on such occasions as part of personal costumes—as opposed to costumes that are integral to specific cultural traditions, such (...) as the New Orleans Zulu parade—is always wrong. To do so, it assesses the five most promising objections to this practice. Although some of these objections count against certain uses of cross-racial make-up, I show that in several high-profile cases where such make-up was worn, none of them had force, whether because the objections themselves were implausible and/or because they did not apply. (shrink)

According to H. H. Price, there have been two major approaches to understanding what it is to have a concept: the classical theory and the symbolist theory. The classical theory, whose heritage extends at least to Plato, takes having a concept to be a relation to a special sort of object, usually called a concept or universal. The kind of relation the thinking mind has to this object is most often conceived as analogous to sight, a version of the classical (...) theory which Price calls inspectivism. (shrink)

Okay, Professor Turner is not Rodney King. He is not responding to bioethicists and social scientists running amuck, setting automobiles aflame, and pelting each other with rocks and broken bottles. He does not come right out and ask, “Why can't we all just get along?” But in its academic way, Turner's essay is an effort to negotiate a truce in the interdisciplinary squabbles that plague bioethics, a plea to move bioethics beyond the “misleading” and “unhelpful” “demarcation of disciplinary goals” that (...) leads to “dichotomous thinking” and “polemical accusations.”. (shrink)

_Many people who stand to pee raise the toilet seat so that they have a larger target to aim at. However, if the seat is left in this position, any subsequent toilet user who defecates or pees sitting down will need to lower the seat. Some of us believe that this inconvenience should not be visited on those who pee sitting down, while others deny that there is anything wrong with leaving the toilet seat in the position that you used (...) it. This article offers the first scholarly defense of the seat-down norm. In so doing, it shows that recent claims that this norm would be unfair and inefficient are unwarranted_. _Keywords: _Toilet seats; Toilets; Bathrooms; Gender Inequality; Urination; Defecation; Expensive tastes; Stehpinkler; Sitzpinkler. (shrink)

*Work on this paper was funded in part by NIH grant K01-AT00054, National Center for Complementary and Alternative Medicine. Know then thyself, presume not God to scan The proper study of mankind i...

We often speak of our own “best friends” and those of other people. But what does it mean for someone to be a best friend? While there is a large empirical literature studying the antecedents and consequences of best friendships and a small body of philosophical research on this topic, this question has not been addressed in detail. In this article, my aim is to fill this lacuna by distinguishing three different conceptions of best friends based on the semantic properties (...) of the term and the ways in which it is used in both academic discourse and ordinary parlance. They include those of a (i) comparatively best friend; (ii) comparatively best close/good friend; and (iii) institutional best friend. I conclude by drawing out the implications of this typology for empirical and philosophical work on best friendship and by identifying several avenues for future research. (shrink)

The rise of genomic studies in Africa – not least due to projects funded under H3Africa – is associated with the development of a small number of biorepositories across Africa. For the ultimate success of these biorepositories, the creation of cell lines including those from selected H3Africa samples would be beneficial. In this paper, we map ethical challenges in the creation of cell lines.

Maria Heim’s Voice of the Buddha: Buddhaghosa on the Immeasurable Words is a rare example of sustained scholarly engagement with commentarial literature. The book introduces the reader to the literary world of the Theravāda Buddhist exegete Buddhaghosa, with the stated goal of learning to read as he did. Heim shows with a series of close readings how Buddhaghosa read scripture with a high degree of attention to context, and how he understood both the Buddhist canon and the Buddha’s knowledge to (...) be infinitely expansive. Heim’s thorough and accessible treatment makes her presentation an approachable case study of commentarial literature. (shrink)

In this article, the morality in the “wickedness” of design problems as wicked problems is explored. I will use for that purpose the characteristics of wicked problems as identified by Horst Rittel and Melvin Webber. These characteristics suggest interdisciplinary thinking for solving such problems. An awareness of the wicked nature of design problems can stimulate proper use of the concept of utopias for solving these problems. I will use the philosophy of Herman Dooyeweerd to provide a framework for understanding the (...) nature of design problems as wicked problems. (shrink)

It is not unusual for researchers to complain about institutional review board (IRB) oversight, but social scientists have a unique set of objections to the work of ethics committees. In an effort to better understand the problems associated with ethics review of social, behavioral, and economic sciences (SBES) research, this article examines 3 different aspects of research ethics committees: (a) the composition of review boards; (b) the guidelines used by these boards to review SBES - and in particular, behavioral health (...) - research; and (c) the actual deliberations of IRBs. The article concludes with recommendations for changes in the review process and with suggestions for filling the gaps in knowledge about the way IRBs work. (shrink)

This paper analyses the concept of empirical ethics as well as three meta-ethical fallacies that empirical ethics is said to face: the is-ought problem, the naturalistic fallacy and violation of the fact-value distinction. Moreover, it answers the question of whether empirical ethics (necessarily) commits these three basic meta-ethical fallacies.

In this discussion paper we consider the influence of ethnicity, religiosity, spirituality and health literacy on Advance Care Planning for older people. Older people from cultural and ethnic minorities have low access to palliative or end-of-life care and there is poor uptake of advance care planning by this group across a number of countries where advance care planning is promoted. For many, religiosity, spirituality and health literacy are significant factors that influence how they make end-of-life decisions. Health literacy issues have (...) been identified as one of the main reasons for a communication gaps between physicians and their patients in discussing end-of-life care, where poor health literacy, particularly specific difficulty with written and oral communication often limits their understanding of clinical terms such as diagnoses and prognoses. This then contributes to health inequalities given it impacts on their ability to use their moral agency to make appropriate decisions about end-of-life care and complete their Advance Care Plans. Currently, strategies to promote advance care planning seem to overlook engagement with religious communities. Consequently, policy makers, nurses, medical professions, social workers and even educators continue to shape advance care planning programmes within the context of a medical model. The ethical principle of justice is a useful approach to responding to inequities and to promote older peoples’ ability to enact moral agency in making such decisions. (shrink)

Pediatric oncology has a strong research culture. Most pediatric oncologists are investigators, involved in clinical care as well as research. As a result, a remarkable proportion of children with cancer enrolls in a trial during treatment. This paper discusses the ethical consequences of the unprecedented integration of research and care in pediatric oncology from the perspective of parents and physicians. An empirical ethical approach, combining (1) a narrative review of (primarily) qualitative studies on parents' and physicians' experiences of the pediatric (...) oncology research practice, and (2) comparison of these experiences with existing theoretical ethical concepts about (pediatric) research. The use of empirical evidence enriches these concepts by taking into account the peculiarities that ethical challenges pose in practice. Analysis of the 22 studies reviewed revealed that the integration of research and care has consequences for the informed consent process, the promotion of the child's best interests, and the role of the physician (doctor vs. scientist). True consent to research is difficult to achieve due to the complexity of research protocols, emotional stress and parents' dependency on their child's physician. Parents' role is to promote their child's best interests, also when they are asked to consider enrolling their child in a trial. Parents are almost never in equipoise on trial participation, which leaves them with the agonizing situation of wanting to do what is best for their child, while being fearful of making the wrong decision. Furthermore, a therapeutic misconception endangers correct assessment of participation, making parents inaccurately attribute therapeutic intent to research procedures. Physicians prefer the perspective of a therapist over a researcher. Consequently they may truly believe that in the research setting they promote the child's best interests, which maintains the existence of a therapeutic misconception between them and parents. Due to the integration of research and care, their different ethical perspectives become intertwined in the daily practice of pediatric oncology. Increasing awareness of what this means for the communication between parents and physicians is essential. Future research should focus on efforts that overcome the problems that the synchronicity of research and care evokes. (shrink)

Although 43 countries have a monarch as their head of state, the question of whether monarchies can be morally justified has been neglected by contemporary philosophers. In this article, I argue that it is doubtful whether any existing monarchies can be morally justified. As I show, they all suffer from one or more of the following defects: they flout democratic principles; they are non-meritocratic; and/or they fail to provide at least some royals with an adequate range of lifestyle options. However, (...) I go on to identify a novel type of elective monarchy that escapes these problems, and which, I submit, can be vindicated as long as it serves legitimate public objectives (e.g. by promoting social cohesion among citizens and/or by fostering international trade). (shrink)

Unearthing the radical potential at the heart of canonical political thought, this book uses the work of Foucault and Deleuze to re-imagine theory in a way that embraces difference and resistance.

Some philosophers believe that swearing is morally innocent insofar as it is non‐abusive and vulgarities are being used, such as when people exclaim “s**t!” or “f**k!” This article shows this view to be mistaken. I start by arguing that taking offense at non‐abusive vulgar swearing is not irrational, before arguing that, even if it were, such swearing would still not always be justified. The fact that many of us find it hard to overcome profanity‐induced offense, along with the fact that (...) its existence is necessary for swearing to be possible, is sufficient to render even non‐abusive vulgar swearing sometimes wrong. I go on to assess the opposite view, according to which swearing, including non‐abusive vulgar swearing, is never justified, whereby two objections to this activity are addressed. According to the instrumentalization objection, the fact that swearing is possible only if at least some people are sometimes offended by the words that are used means that swearers treat those who are offended by their profanity as mere means. And according to the Ersatz objection, the fact that we can use inoffensive words to raise the emotional content of our speech renders swearing gratuitously offensive. Neither objection is found to be convincing. (shrink)

We appreciate that the theme “ethics of ethics conferences” that we introduced in 2023 (Van der Graaf et al. 2023) was echoed by the previous and current presidents of the International Association...

This review offers an integration of dark leadership styles with dark personality traits. The core of dark leadership consists of Three Nightmare Traits (TNT)—leader dishonesty, leader disagreeableness, and leader carelessness—that are conceptualized as contextualized personality traits aligned with respectively (low) honesty-humility, (low) agreeableness, and (low) conscientiousness. It is argued that the TNT, when combined with high extraversion and low emotionality, can have serious (‘explosive’) negative consequences for employees and their organizations. A Situation-Trait-Outcome Activation (STOA) model is presented in which a (...) description is offered of situations that are attractive to TNT leaders (situation activation), situations that activate TNT traits (trait activation), and the kinds of outcomes that may result from TNT behaviors (outcome activation). Subsequently, the TNT and STOA models are combined to offer a description of the organizational actions that may strengthen or weaken the TNT during six career stages: attraction, selection, socialization, production, promotion, and attrition. Except for mainly negative consequences of the TNT, possible positive consequences of TNT leadership are also explored, and an outline of a research program is offered that may provide answers to the most pressing questions in dark leadership research. (shrink)

Wearing black make-up to impersonate black individuals has become highly controversial in many countries, even when it is part of long-standing cultural traditions. Prominent examples of such traditions include Saint Nicolas celebrations in the Netherlands (which feature a black character known as “Black Pete” who hands out candy to children), Epiphany parades in Spain (which feature impersonations of the biblical king Balthasar who is traditionally portrayed as black) and the annual Zulu parade in New Orleans (which features impersonations of South (...) African Zulu warriors). In this article, I challenge the widely held view that black make-up traditions are categorically wrong. Specifically, I argue that these traditions can be morally vindicated if (i) the large majority of individuals who help to maintain them do not believe that they denigrate black people; (ii) the relevant traditions do not depict black people in denigrating ways; and (iii) the relevant traditions are not gratuitously offensive. While the Dutch Saint Nicholas tradition fails to satisfy these conditions, the New Orleans Zulu tradition is found to satisfy them, as is the Spanish Epiphany tradition in certain cases. I end by identifying another set of conditions under which black make-up traditions might be morally justified. (shrink)

In Philosophia Reformata, Vol. 69, No. 1, Johan Stellingwerff published a challenging article1 on the need to rethink the philosophy of technology in reformational philosophy. Stellingwerff is not only critical about the work done by Van Riessen and Schuurman, but he also criticizes the Dual Nature of Technical Artifacts program at the Delft University of Technology.2 In this reply I want to take up particularly some of the points of criticism against the latter and see if they can be upheld (...) when taking a closer look at what has been published in this program so far. Although the article by Stellingwerff is in Dutch, I have decided to write my reply in English to enable a wider audience to take part in the debate. (shrink)

This paper argues that lexical and operator-based analyses of distributivity are not in conflict, but are both necessary components of any theory of distributivity that aims to account for all the relevant data. I use several contrasts between plural definites and group NPs to show that we need an operator-based analysis of distributivity; this kind of distributivity is available with plural definites but not with group subjects, which can be explained under the common assumption that group NPs denote atoms rather (...) than sums and hence do not allow quantification over their individual parts. At the same time, we need a lexical theory of distributivity to account for the various distributive interpretations that we do find with groups; a formalisation of such a theory is outlined in the final section of this paper. (shrink)