Background Informed consent is often cited as the “cornerstone” of research ethics. Its intent is that participants enter research voluntarily, with an understanding of what their participation entails. Despite agreement on the necessity to obtain informed consent in research, opinions vary on the threshold of disclosure necessary and the best method to obtain consent. We aimed to investigate Australian researchers’ views on, and their experiences with, obtaining informed consent. Methods Semi-structured interviews were conducted with 23 researchers from NSW institutions, working (...) in various fields of research. Interviews were analysed and coded to identify themes. Results Researchers reported that consent involved information disclosure, understanding and a voluntary decision. They emphasised the variability of consent interactions, which were dependent on potential participants’ abilities and interests, study complexity and context. All researchers reported providing written information to potential participants, yet questioned the readability and utility of this information. The majority reported using signed consent forms to ‘operationalise’ consent and reported little awareness of, and lack of support in implementing more dynamic informed consent procedures, such as verbal informed consent, that was fit for the purposes of their studies. Views on Human Research Ethics Committees varied. Some reported inconsistent, arduous inputs on the information form and consent process. Others expressed reliance on HRECs for guidance, viewing them as institutional safeguards. Conclusions This study highlights the importance of transparent relationships, both between researchers and participants, and between researchers and HRECs. Where the relationship with study participants was reported as more robust, researchers felt that they were better able to ensure participants made better, more informed decisions. Where the relationship with HRECs was reported as more robust, researchers were more likely to view them as institutional safeguards, rather than as bureaucratic hindrances. Conscientious and mindful researchers are paramount to ensuring the procedure accommodates individual requirements. This study advocates that when designing ethical informed consent practices, researchers should be integrated as autonomous players with a positive input on the process, rather than, in the worst case, predatory recruiters to be curtailed by information forms and oversight. (shrink)

Tout enfant adopté a deux filiations. Sa filiation d’origine pose souvent question aux parents adoptants. Au moment de l’adolescence et de ses remaniements identitaires, les parents sont confrontés à la nécessité d’un travail psychique : reconnaître que d’autres lui ont donné la vie, et accepter de laisser une place à ce temps où l’enfant n’était pas encore le leur. Pour un couple, adopter un enfant, c’est accepter de se confronter à l’originel de ce dernier et de d’interroger le sens de (...) sa démarche. (shrink)

Recent years have seen increased interest among 4E cognition scholars in physical disability, leading to the development of the EE-model of disability. This paper contributes to the literature on disability and 4E cognition in three key ways. First, it examines the relationship between the EE-model and social constructivist views that address the bodily reality of disablement, highlighting commonalities and distinctions. Second, it critiques the EE-model’s focus on individual strategies for expanding disabled persons’ affordance landscapes, arguing that disability policy should integrate (...) insights from both the EE-model and social constructivist approaches. Finally, it assesses the EE-model against the 'dogma of harmony'. We argue that while the EE-model’s focus on active human-environment collaboration is valuable, it can inadvertently perpetuate this dogma. We contend that integrating certain social constructivist insights can help the EE-model avoid the dogma of harmony. (shrink)

During the seventeenth century there were different ways of opposing the new mechanical philosophy and the old Aristotelian philosophy. Remarkably enough, one of this way succeeded in becoming stable beyond the moment of its formulation, one according to which Descartes would be the benchmark by which the works of other natural philosophers of the seventeenth century fall either on the side of the old or the new. I consequently examine the French debate where this representation emerges, a debate that took (...) place along with the development of a Cartesian propaganda in the 1660s and the ensuing official condemnations of the philosophy of Descartes, which was said to constitute a danger for the mystery of Eucharist. But these condemnations pronounced in the name of theology, as numerous and radical as they were, were not considered to be sufficient. They were assisted by numerous polemical works, the audience of which were learned companies of courteous honnêtes gens, and the object of which was to defend a certain way of proceeding in natural philosophy. I consequently concentrate on two correlated questions, the question of what kind of ontological entities are necessary for the establishment of a good physics, and the correlated question of what norms should be adopted in natural philosophy. I show quite systematically that the criticisms of Cartesian philosophers by the Oratorian Jean-Baptiste de La Grange, the bishop Pierre-Daniel Huet, and various Jesuits, Ignace Pardies, Antoine Rochon, Louis Le Valois, Gabriel Daniel, René Rapin, and Honoré Fabri respond to the mockeries of Gérauld de Cordemoy, Jacques Rohault, Louis de La Forge, Bernard Lamy, Nicolas Malebranche or Antoine Arnauld concerning the scholastic entities. Not only do I contrast their philosophical arguments concerning ontological entities and the norms to be respected in physics, but also their ways of defining the philosophical enterprise and its public. (shrink)

This study focuses on a third-party perspective of idiosyncratic deals. More specifically, we look into the differential judgments co-workers make about i-deals in their work environment, as well as their reactions. Based on equity theory, we examine to what extent the content of the i-deal and the work context explain co-worker judgments regarding i-deal fairness in addition to subsequent voice behavior. A vignette study with 1988 respondents shows that when i-deals are considered distributively unfair, co-workers try to restore equity through (...) voice behavior, thereby making the i-deal less effective. Furthermore, i-deals spark more distributive injustice perceptions and voice behavior in a highly interdependent work context. Finally, on average, financial bonuses were considered most distributively unfair and, thus, trigger more voice behavior. These results have important implications for i-deal literature as they uncover the criteria that co-workers use to judge i-deals and shape their reactions. (shrink)

In this paper, I investigate whether phenomenological description can help in transforming an unjust or violent situation. If one can agree that describing the situation of a group of marginalised subjects is necessary in order to define what is going wrong, then the question of whether the method can help change these states, remains unanswered. With this in mind, I then suggest that phenomenological description can only serve critical causes, under the condition that it takes the transformative power of language (...) into account: by describing our experiences we already transform them. To this end, I draw on deconstructivist approaches, which focus on language as a social act of addressing oneself to others. I conclude by arguing that description can itself be a transformative tool – if we stress how it takes place under conditions of address that necessarily shape the experience to be described. (shrink)

Možemo se pitati postoji li nešto specifično za to kako je biti žensko ili muško (pitanje o spolu). I možemo se pitati postoji li nešto specifično za to kako je to biti ženstven ili muževan (pitanje o rodu). Mislim da je odgovor na oba pitanja "Očito da". Zašto da? I zašto očito? Svijest je rodno određena i očito rodno određena, jer su političke stvarnosti onoga kako je to biti muževan i kako je to biti ženstven, različite. Osim toga, svijest je (...) također seksualno određena i očito seksualno određena, jer su fizičke stvarnosti onoga kako je to biti muško i kako je to biti žensko, različite. I zato odgovor na naša dva pitanja nije samo "Da", već "Očito da". (shrink)

Uncontroversially, individuals exercise agency in acting; can we say the same about believing? This paper argues that subjects do indeed exercise agency over their beliefs and provides an account by which this is possible. On my picture, self-awareness is fundamental to the nature of doxastic agency. Drawing on work in the philosophy of action, I argue that subjects exercise agency in performing mental actions that form and sustain their beliefs, where they are aware of these actions as part of reasoning (...) and exercising agency over their beliefs. (shrink)

According to dispositional realism, or dispositionalism, the entities inhabiting our world possess irreducibly dispositional properties – often called ‘powers’ – by means of which they are sources of change. Dispositionalism has become increasingly popular among metaphysicians in the last three decades as it offers a realist account of causation and provides novel avenues for understanding modality, laws of nature, agency, free will and other key concepts in metaphysics. At the same time, it is receiving growing interest among philosophers of science. (...) This reflects the substantial role scientific findings play in arguments for dispositionalism which, as a metaphysics of science, aims to unveil the very foundations of science. The present collection of essays brings together both strands of interest. It elucidates the ontological profile of dispositionalism by exploring its ontological commitments, and it discusses these from the perspective of the philosophy of science. The essays are written by both proponents of dispositionalism and sceptics so as to initiate an open-minded, constructive dialogue. (shrink)

In a recent judgment1 the Court of Protection was highly critical of health professionals for continuing to provide clinically-assisted nutrition and hydration in the face of disagreement about the patient’s best interests, without seeking to resolve the issue. This hearing had been set up specifically to consider whether GU’s dignity had been properly protected, and if not why not, given concerns raised by the Official Solicitor about what she considered to be “a complete abrogation of responsibility to consider properly or (...) at all, and to determine whether it was in GU’s best interests and therefore lawful to continue to give him an invasive medical treatment, CANH.” In April 2014, at 63 years old and living in Thailand, GU sustained severe injuries after suffering from an electrocution accident. He sustained a cardiorespiratory arrest with a significant delay before cardiopulmonary resuscitation was started and was unconscious and unresponsive. In September 2014 he was transferred to the UK. In August 2018, GU’s brother made a request for a best interests decision concerning the continuation of CANH. The family met to discuss this and all except GU’s son, agreed that continuing CANH was not in GU’s best interests. In view of the fact that there was not unanimity among the family, a decision was made that CANH should continue. Commenting on this decision, Mr Justice Hayden said ‘the apparent assumption that in the face of family disagreement ‘ therefore will continue to be cared for by nursing staff ” is a troubling non sequitur’ and stressed that ‘family dissent to a medical consensus should never stand in the way of an incapacitated patients’ best interests being properly identified’. He also made clear that the responsibility for ensuring that a best interests assessment is undertaken rests with the …. (shrink)

The paper investigates phenomenology's possibilities to describe, reflect and critically analyse political and legal orders. It presents a "toolbox" of methodological reflections, tools and topics, by relating to the classics of the tradition and to the emerging movement of "critical phenomenology," as well as by touching upon current issues such as experiences of rightlessness, experiences in the digital lifeworld, and experiences of the public sphere. It is argued that phenomenology provides us with a dynamic methodological framework that emphasizes correlational, co-constitutional, (...) and interrelational structures, and thus pays attention to modes of givenness, the making and unmaking of "world," and, thereby, the inter/subjective, affective, and bodily constitution of meaning. In the case of political and legal orders, questions of power, exclusion, and normativity are central issues. By looking at "best practice" models such as Hannah Arendt's analyses, the paper points out an analytical tool and flexible framework of "spaces of meaning" that phenomenologists can use and modify as they go along. In the current debates on political and legal issues, the author sees the main task of phenomenology to reclaim experience as world-building and world-opening, also in a normative sense, and to demonstrate how structures and orders are lived while they condition and form spaces of meaning. If we want to understand, criticize, act, or change something, this subjective and intersubjective perspective will remain indispensable. (shrink)

In the postgenomic era, interactions between organism and environment are central in disciplines such as epigenetics, medical physiology, and immunology. Particularly in the more "applied" medical fields, an emphasis lies on interactions of the organism with other organisms, that is, other living things. There is, however, a growing amount of research investigating the impact of abiotic triggers on the immune system. While the distinction between biota and abiota features heavily in other contexts, its status is not explicit within immunology. Do (...) immunologists distinguish living from nonliving triggers? In this article, I will carve out whether and in which ways the biotic/abiotic distinction operates in immunology. I will look into responses to biotic and abiotic stressors in plant and invertebrate model species and ask how and why they are conceptually separated. I will trace the reasons by investigating the disciplinary situatedness of immune phenomena and the import of vertebrate immunology when conceptualizing immune responses in other model organisms. I will then investigate how the convergence of biotic and abiotic stress responses in plants and invertebrates adds to the recent philosophical programs advocating an ecological perspective on immune systems. (shrink)

Leaving aside here the question of the author of the Essai de logique, I show that, if Mariotte insisted on the specificity of physics, he also sought a certain inspiration in mathematics as to the way in which to lay out the propositions in a proof. To do so, I start off from the ontological distinction made in the Essai among three types of possibles; next we will show that the three types of propositions correspond to three types of knowledge, (...) and, correlatively, that the main problem of physics is that it is impossible to establish in a certain fashion universal sensory propositions; I next characterize the notion of principles of experience; finally, I examine a bit systematically the relationship between mathematics and physics. (shrink)

What is a consciousness of the public and how does it take place? And what does it mean to be “in” the public sphere, to appear and to act? The attempt at description begins with a certain situation of intending the public: I try to address the public with a position, a product, with myself as a product (in the sense of different modes). I don’t immediately rush out onto the street or the internet, but stay at home first. But (...) even here it is already there, the public. It unfolds as a consciousness that has a lot to do with imagination or visualization and anticipation, but of course cannot be completely fabricated. This consciousness moves within a historical foundation and is based on ontological possibilities that are socially structured: in the mode of power relations, economies of attention, landscapes of relevance. To be visible or not to be visible, that is the question here. (shrink)

Do human embryos have a disposition to personhood? This has been argued within recent attempts to reformulate the classical argument from potentiality for the protection of human embryos with the help of the concept of disposition. In this paper, I analyse the central ontological premise of this new approach and show that any hopes of rehabilitating in dispositionalist terms the idea of a potential to personhood inherent in human embryos are mistaken. The dispositionalist version of the potentiality argument navigates in (...) same metaphysical waters as its predecessor and, hence, collides just the same with biological facts concerning human embryogenesis. (shrink)

Background Physical morbidity is rife among patients with serious mental illness. When they are involuntarily hospitalized and even treated, they may still refuse treatment for physical illness leading clinicians to wonder about the ethics of coercing such treatments. Research aim This survey study explored psychiatric caregivers’ perceptions on whether compulsory treatment of physical illness is legal and whether it is justifiable in patients with serious mental illness and under what circumstances. Research design A questionnaire that included two case vignettes of (...) an involuntarily hospitalized psychiatric patient with diabetes refusing treatment with insulin for various reasons. The cases differed in terms of diabetes severity. Participants answered questions regarding the appropriateness of involuntary treatment. Participants and research context Psychiatric medical doctors and nurses working in a mental health center. ( N = 89, 50 female, ages 26–66). Ethical considerations The study was approved by the Medical Centre Institutional Review Board (IRB) and the University Ethics Committee. The respondents’ anonymity was kept. Participation was voluntary and consent was obtained. Results The severity of the patient’s medical condition and their reason for refusing treatment were associated with participants’ willingness to give insulin despite patient objection [( F(1, 87) = 49.41, p <.01; ( F(1, 87) = 33.44, p <.01), respectively]. Participants were more inclined to support compulsory treatment if the patient’s refusal was “illness-oriented” (i.e. directly related to psychiatric illness). Participants presented diverse views regarding the perceived legality of compulsory treatment of physical illness in such situations (illegal 63.09%; legal 23.8%; 13% unsure). The majority (53.5%–55.3%) of those who thought it was illegal supported compulsory treatment in high-severity, illness-oriented refusal situations. Conclusions The severity of the medical condition and the reason for treatment refusal influence psychiatric caregivers’ willingness to provide compulsory treatment for physical illness in involuntary hospitalized psychiatric patients. Beyond the legal framework, ethical guidelines for these situations are warranted, while decisions should be made on a case-by-case basis. (shrink)

"Phenomenology has primarily been concerned with conceptual questions about knowledge and ontology. However, in recent years the rise of interest and research in applied phenomenology has seen the study of political phenomenology move to a central place in the study of phenomenology generally. The Routledge Handbook of Political Phenomenology is the first major collection on this important topic. Comprising 35 chapters by an international team of expert contributors, the Handbook is organised into six clear parts, each with its own Introduction (...) by the editors: Founders of Phenomenology Existentialist Phenomenology Phenomenology of the Social and Political World Phenomenology of Alterity Phenomenology in Debate Contemporary Developments. Full attention is given to central figures in the phenomenological movement, including Husserl, Heidegger, Sartre, Merleau-Ponty and Levinas as well as those whose contribution to political phenomenology is more distinctive, such as Arendt, De Beauvoir and Fanon. Also included are chapters on gender, race and intersectionality, disability, and technology. Ideal for those studying phenomenology, continental philosophy and political theory, The Routledge Handbook of Political Phenomenology bridges an important gap between a major philosophical movement and contemporary political issues and concepts"--. (shrink)

The seminal works of Jean Bodin (c.1530–96) and François Hotman (c.1524–90), the Six livres de la République, and the Francogallia, were written and re-written over the turbulent course of the French wars of religion (1562–1629). Whilst conventionally these works are understood to represent fixed, and opposing, theories of monarchy (absolutist versus constitutionalist), this article explores them as they transformed in response to the changing circumstances of French politics, and especially the succession crisis of 1584. Theories of monarchy were in flux (...) in this period, and so the political thought of the late sixteenth century in France was in a constant state of mutation. This raises questions about the ways in which intellectual historians read ideas ‘in context’, even as those ideas, and those contexts, shift. What did it mean, to have a theory of monarchy in the French sixteenth century? (shrink)

La politique d'accessibilité par le numérique a ouvert aux personnes sourdes un service national d'écoute et de secours, par fax et SMS depuis 2011, par e-mail, texte en temps réel (TTR) et vidéo depuis 2019. Cet article analyse comment les spécificités des interactions textuelles, numériques, et du « français sourd » sont prises en compte dans les appels d'urgence par SMS, et quelles « prises », ou indices, sont mobilisés par les agents pour percevoir le niveau de détresse ou la (...) gravité d'une urgence. Dans ce contexte et au regard de ces enjeux, comment se jouent le dévoilement de l'identité et de la situation singulière de ces requérants? L'analyse de ces pratiques de communication, a fortiori de ces pratiques professionnelles, révèle la prise en compte incontournable des compétences linguistiques, langagières et interactionnelles en jeu. (shrink)

For the most part, current reflections on the social seem to overemphasize either homogeneity (society/nation-state, modernization/globalization) or heterogeneity (sociality, cosmopolitanism). Against this, here the argument is put forward that it is appropriate to think of the social as consisting of aspects of homogeneity or shared frames of reference and aspects of heterogeneity at the same time. This thought is developed particularly in contrast to normative concepts such as Bauman's sociality—republicanism nexus or Beck and Grande's ideas on European cosmopolitanism. With the (...) help of concepts such as sociation, glocalization and conflict, a basis will be developed for the elaboration of particular socials (e.g. Europe) as a general social theory. This avoids falling into normative traps, which are usually risky when starting out from a historical particularity to explain current and future structures and features of notions such as European society. (shrink)

This third edition updates and expands the earlier award-winning volumes, providing classrooms and individuals alike with one of the finest available resources for ethics-engaged modern medicine.

À partir d’un cas de médiation familiale judiciaire entre deux parents séparés, et en conflit au sujet de l’exercice de l’autorité parentale conjointe, il s’agit de montrer comment un dispositif de médiation peut remettre en mouvement le processus de restauration du lien parental. Celui-ci est considéré dans les trois dimensions de l’institution (le droit), de l’interrelation et du groupe familial comme enveloppe psychique. Le tiers médiateur est représenté par deux éléments : la fonction symbolique du cadre et la capacité du (...) médiateur à pouvoir penser le processus. (shrink)

The goals of this paper are twofold. First, the paper seeks to show the relevance of French philosopher Simone Weil’s writings on work for contemporary political and social theory. More specifically, by drawing on Weil’s “factory writings”—i.e. the diary she kept during the many months she spent working in factories, and the essays and letters that followed shortly after—the article shows that Weil’s analysis of speed, humiliation and affliction is highly pertinent for reflecting upon the consequences of the increasingly ubiquitous (...) recourse to digital tracking and monitoring tools by today’s employers. Secondly, the paper proposes to read Weil’s account of degradation and affliction in light of the contemporary scholarship on “slow violence”. Inspired by Rob Nixon’s work, this scholarship is interested in forms of harm that are slow-paced, attritional, ‘out of sight’ and intimately tied to our (distracted) attention regimes. As I argue, Weil very lucidly described the paradox at the heart of many types of modern work: namely, that its fast pace causes the slow death of workers’ souls and bodies. Demonstrating the important resonances of Weil’s account of factory life and contemporary suffering in the era of digital surveillance, the paper underlines the significance of Weil’s account of affliction for understanding the depths of the harms caused by these forms of domination. (shrink)

L’éthique lévinassienne peut-elle s’articuler à la vie sociale, pratique et publique? A-t-elle une quelconque influence possible dans le champ politique, surtout à l’égard de la tentation totalitaire de tout État, bien décrite par Levinas? Dans cet article, nous tentons de montrer en quoi les réflexions d’Emmanuel Levinas pour articuler l’éthique et le politique – à travers la question du tiers et de la justice – permet de produire une forme de sagesse politique. Mots-clés : Politique, Justice, Tiers, État, Totalitarisme, Sagesse.

Le principe de précaution a éclos sur la scène internationale, tout comme dans les ordres juridiques internes, à la fin des années quatre-vingt. Si sa valeur juridique est aujourd’hui peu contestée à l’échelle nationale, elle reste, en revanche, un objet de débat doctrinal auprès des juristes internationalistes. Toutefois, l’ombre de la précaution plane sur l’ensemble du système juridique international. Elle infiltre la plupart des espaces normatifs, reconfigure les structures institutionnelles et impose un dialogue renouvelé aux organisations internationales. Cette contribution a (...) ainsi pour objet de faire apparaître les métamorphoses que l’approche de précaution a impulsées en droit international. (shrink)

Moral distress is reported to be a critical force contributing to intensifying rates of anxiety, depression and burnout experienced by healthcare workers. In this paper, we examine the moral dilemmas and ensuing distress personally and collectively experienced by healthcare workers while caring for patients during the pandemic. Data are drawn from free-text responses from a cross-sectional national online survey of Australian healthcare workers about the patient care challenges they faced. Three themes were derived from qualitative content analysis that illuminated the (...) ways in which moral dilemmas and distress were relationally experienced by healthcare workers: (1) the moral ambiguity of how to care well for patients amid a rapidly changing work environment; (2) the distress of witnessing suffering shared between healthcare workers and patients; and (3) the distress of performing new forms of invisible work in the absence of institutional recognition. These findings reveal that moral distress was a strongly shared experience. Findings advance understandings of moral distress as a relational experience, collectively felt, constituted, and experienced by healthcare workers. Considering how to harness collective solidarity in effectively responding to moral distress experienced across the frontline healthcare workforce is critical. (shrink)

The most illustrious tradition of romantic poetry on oriental subjects, from the Westöstlicher Diwan to Rückert, Platen, Hugo and Leconte de Lisle, was inspired essentially by Indian and Persian epic, lyric and gnomic poetry, referring only to a minor degree to the ancient poetry of the Arabs—although it is precisely Rückert to whom we are indebted for a version of the Hamâsa, a famous anthology of pagan Arabic poetry. Goethe approached this anthology through the versions of Jones, described it briefly (...) in the “Notes and Commentary” to the Diwan, and among other sections retold one tale splendidly in verse: the “Song of Vengeance” of Taâbbata Sharran. Here the force of his genius lifted him well above the bristling Latin of Freytag, through whom he had come to know the song, and brought him very close in lyrical intuition to the original of this masterpiece of debated authenticity. But on the whole, the poetic heritage of the ancient Arabs was not adequately echoed in the literature of the romantic age. Rückert himself, inspired by pagan Arabic poetry, is read by few people today; and the poetry that was his model is studied rather by philologists, for its documentary value. Theodor Noeldeke, at the beginning of his classic study of the Mu'allakat, declared frankly: “It is questionable whether the aesthetic pleasure provided by the study of ancient Arabic poetry is worth the great pains required even to approach an understanding of the same.” It is difficult to stand in opposition to the authority of the “old master” of German orientalists, who confessed that “the more he studied the Semites, the more he loved the Greeks.” Even the most humble author of these lines dares to appropriate for himself the lines of Noeldeke; and yet, beyond every comparison, which cannot help resulting unfavorably for the ancient poets of the desert, he who knows how to love and seek out poetry will find in them authentic artistic values. Even the harsh pagan song can in certain passages interest us, fill us with enthusiasm, and move us. (shrink)