This paper compares the capability approach (CA) and libertarian paternalism (LP) to see whether they are compatible. The comparison focuses on rationality, wellbeing, and freedom. The main theoretical framework is Sen’s ‘reason to value’ (RtV). The relevance of this to CA, and LP is analysed, and whether the primacy that CA and LP both accord to reason leads to paternalism is examined. Although the principal focus is on Sen’s, Sunstein’s and Thaler’s original ideas, their key concepts are analysed (...) in the context of the contemporary critical literature on the topic. This critical analysis not only makes it possible to assess whether CA and LP are compatible, but also to see how they perceive rationality, wellbeing, and freedom. The critical analysis further differentiates the various interpretations of RtV in the literature and explains how CA and LP function. (shrink)

Capability theorists have suggested different, sometimes incompatible, ways in which their approach takes account of the value of freedom, each of which implies a different kind of normative relation between functionings and capabilities. This paper examines three possible accounts of the normative relation between functionings and capabilities, and the implications of each of these accounts in terms of degrees of paternalism. The way in which capability theorists apparently oscillate between these different accounts is shown to rest on an apparent (...) tension between anti-paternalism and anti-fetishism. The paper then advances a fourth account, which incorporates a concern with the content-independent or ‘non-specific’ value of freedom. Only the fourth account would remove all traces of paternalism from the capability approach. Whatever reasons advocates of the capability approach might have had for rejecting this fourth account, those reasons are not internal to the capability approach itself. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. -/- In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

Typically, we think of republicans and liberals as being suspicious of paternalistic law. But in this paper, I argue that enactment of paternalistic law is actually demanded by republican and liberal values, and that enacting certain paternalistic laws is one way that the republican or liberal state performs its core function. As I explain it, this core function is to create and to maintain conditions of right-conditions of freedom, non-domination, justice, etc.-among persons capable of making legitimate second-personal claims on one (...) another. I argue, though, that individual persons are capable of making legitimate second-personal claims on themselves, in precisely the way that calls for state intervention. In other words, I argue that paternalistic law is demanded by considerations of right. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which (...) presuppose that people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

Background Interest in strengthening residents’ autonomy in nursing homes is intensifying and professional caregivers’ experience ethical dilemmas when the principles of beneficence and autonomy conflict. This increased focus requires expanded knowledge of how residents experience decision-making in nursing homes and how being subject to paternalism affects residents’ dignity. Research question/aim This study explored how residents experience paternalism in nursing homes. Research design This study involved a qualitative interpretive design with participant observations and semi-structured interviews. The interpretations were informed (...) by Gadamer’s hermeneutics. Participants and research context Eleven residents were interviewed after a period of participant observation in two nursing homes. Ethical considerations The study was performed in accordance with the Helsinki declaration. The Regional Ethics Committee (REK) permitted the researcher to perform participant observation in the nursing homes. The use of audio recordings of interviews was registered and supervised by Sikt - Norwegian Agency for Shared Services in Education and Research. The resident’s consent was assessed continuously. Three interviews were terminated for ethical reasons. Findings The resident interviews revealed that residents found it obvious for caregivers to possess the decision-making authority in nursing homes. When residents explained their views, three main themes emerged: (1) To be included even though caregivers make the decisions, (2) Surrender to dependency, and (3) Adherence to nursing home norms. Conclusions Residents submit to their caregivers and give caregivers the responsibility and function as leaders. Paternalism was experienced as dignifying in situations where it contributed to residents being able to live according to second order desires and values, and when it implied respect and appraisal of residents’ capabilities. Paternalism was experienced as debasing when residents felt left out, and when residents felt that their capabilities were underestimated. This also included their capability to withstand paternalistic influence. (shrink)

It is often claimed that the autonomy of heroin addicts is compromised when they are choosing between taking their drug of addiction and abstaining. This is the basis of claims that they are incompetent to give consent to be prescribed heroin. We reject these claims on a number of empirical and theoretical grounds. First we argue that addicts are likely to be sober, and thus capable of rational thought, when approaching researchers to participate in research. We reject behavioural evidence purported (...) to establish that addicts lack autonomy. We present an argument that extrinsic forces must be irresistible in order to make a choice non-autonomous. We argue that heroin does not present such an irresistible force. We make a case that drug-oriented desires are strong regular appetitive desires, which do not compromise consent. Finally we argue that an addict’s apparent desire to engage in a harmful act cannot be construed as evidence of irrational or compulsive thought. On these arguments, a sober heroin addict must be considered competent, autonomous and capable of giving consent. More generally, any argument against legalisation of drugs or supporting infringement of the liberty of those desiring to take drugs of addiction must be based on considerations of harm and paternalism, and not on false claims that addicts lack freedom of the will. (shrink)

Capability theory improves our understanding of well being because it takes account of the “conversion” problem: income/wealth/commodities. need to be made effectively available to really increase well being. However, just as IWCs need to be converted into functionings in order to be effective in bringing additional possibilities to a person, our institutions, abilities and environments need to be converted as well to allow them to be used effectively in the same pursuit. Freedom of the press and speech, education and (...) certainly economic independence as well as the democratic political processes themselves are as inert as IWCs without some additional conversion to enable them to do what we have set them up to do. The moniker “conversion factor” is the name of the problem rather than the source of a solution. This paper will explore the possibility that the needed theoretical addition to capability theory might be found by understanding how the elements of the capabilities equation change over time. Using education as an example of a conversion factor, the paper will explore how an addition to the theory might help create effective policy alternatives. (shrink)

Treating consciousness as awareness or attention greatly underestimates it, ignoring the temporary levels of organization associated with higher intellectual function (syntax, planning, logic, music). The tasks that require consciousness tend to be the ones that demand a lot of resources. Routine tasks can be handled on the back burner but dealing with ambiguity, groping around offline, generating creative choices, and performing precision movements may temporarily require substantial allocations of neocortex. Here I will attempt to clarify the appropriate levels of (...) explanation (ranging from quantum aspects to association cortex dynamics) and then propose a specific mechanism (consciousness as the current winner of Darwinian copying competitions in cerebral cortex) that seems capable of encompassing the higher intellectual function aspects of consciousness as well as some of the attentional aspects. It includes features such as a coding space appropriate for analogies and a supervisory Darwinian process that can bias the operation of other Darwinian processes. (shrink)

The development of artificial agents for social interaction pushes to enrich robots with social skills and knowledge about (local) social norms. One possibility is to distinguish the expressive and the functional orders during a human-robot interaction. The overarching aim of this work is to set a framework to make the artificial agent socially-competent beyond dyadic interaction – interaction in varying multi-party social situations – and beyond individual-based user personalization, thereby enlarging the current conception of “culturally-adaptive”. The core idea is to (...) provide the artificial agent with the capability to handle different kinds of interactional disruptions, and associated recovery strategies, in microsociology. The result is obtained by classifying functional and social disruptions, and by investigating the requirements a robot’s architecture should satisfy to exploit such knowledge. The paper also highlights how this level of competence is achieved by focusing on just three dimensions: (i) social capability, (ii) relational role, and (iii) proximity, leaving aside the further complexity of full-fledged human-human interactions. Without going into technical aspects, End-to-end Data-driven Architectures and Modular Architectures are discussed to evaluate the degree to which they can exploit this new set of social and cultural knowledge. Finally, a list of general requirements for such agents is proposed. (shrink)

One of the great dangers of our time is that the cumulative long-term action of smart socio-technical environments engineered to control thought and behavior results in an excessive loss of freedom. In response to this challenge, that we shall call humanity’s socio-technical dilemma, we outline here some fundamental ideas of a political program to control these environments, which is similar to the one proposed by Brett Frischmann and Evan Selinger. It is similar insofar as we share their paternalistic and humanistic (...) approach. But it is different insofar as we claim, first, the duty to admit that it is a version of Sloterdijk’s controversial human zoo; second, the theoretical and practical convenience of identifying the human capabilities to be promoted by these environments with the capabilities necessary for the democratic electorate to comply with the competence principle; and third, the awareness of the probable long-term unsustainability of the program in a context of competition between countries and companies, in spite of which it must be implemented because of its moral superiority. (shrink)

This article examines two currently disputed issues regarding public policy for mentally retarded people. First, questions are raised about the legal tradition of viewing mental competence as an all-or-nothing attribute. It is argued that recently developed limited competence and limited guardianship laws can provide greater freedom for retarded people without sacrificing needed protection. Second, the question of who should act paternalistically for retarded people incapable of acting for themselves is examined. Rothman's claim that special formal advocates are the best representatives (...) for retarded people is discussed and criticized. It is argued that parents, professionals and legal advocates should share decision-making authority on behalf of those who are incompetent. (shrink)

The article recounts that against the background of globalization processes that swept the world in the late twentieth century and left an indelible mark on the further progress of mankind there was a need to adapt the educational and social systems of Ukraine to functioning in the new conditions of crucial transformations caused by the dynamic changes triggered by universal digitalization, which now penetrates all branches and spheres of public life. It has been noted that the educational sphere is in (...) a state of permanent change, trying to adapt to the new environment in order to ensure a decent level of training specialists of the relevant educational and qualification level capable of adapting to rapidly changing conditions, taking into account the competence acquired in the process of training. As a result, it is shown that in today’s globalized world, the need to master digital competence at an appropriate qualification level comes to the fore, taking into consideration the factors of stair stepping and succession, in response to requirements and challenges of today’s world, which even in a short period of time are able to significantly influence any sphere, transforming its further functioning. The content analysis of regulatory documents enabled to identify the main problematic aspects of the educational industry in the context of ensuring the compliance of the process of standardization of education at the relevant qualification levels, which is characterized by certain fragmentarity and inconsistency and requires further weighted and step-by-step transformative phases in the educational system of Ukraine ensuring its correlation with the European educational standards and guaranteeing its quality. (shrink)

Addressing the topic of the phenomenon of libertarian paternalism is substantiated by modern problems in the field of settling power relations with society and the individual in a crisis society. In the XXI century, civilized humanity has moved to develop the latest principles of anthropological development. We mean the newest directions of personality development in the system of self-organization as the foundation of building a civil legal social society, in which the problem of free choice of personality in social (...) action becomes crucial. Paternalism of a totalitarian nature has «come into circulation», and modern global society – information and knowledge, encourages the social sciences to find «soft means of control and management of these processes. In the early 2000s, the creators of libertarian paternalism, C. Sunstein and R. Thaler, developed the «push» theory. Its essence is to develop a methodology for proper economic behavior of the individual in the direction of optimal volitional choice. The state and private structures, on the basis of these developments, help individuals to orient themselves in the same organized direction, which harms harm to themselves as consumers of social goods, and encourages others to do the same. This is paternalism, which varies in various forms –from «hard» to «soft». Our study aims to show the socio-philosophical aspects, which fully reveal the essence of this socio-social phenomenon. This is the eternal concept of philosophy –«freedom», «will», which in our direction relies on the modern socio-economic context. For Ukraine, this is a matter of transformation of values, economic interests, in terms of joining the world community. This is the question of educating the individual of a new civilization, in which its self-organization is crucial. Ukrainian philosophy has significant experience in the field of socio-anthropology, socio-ethics, bio-ethics, starting from the school of VI Shikaruka and her followers. Now this experience is developing in the stream of meta-anthropology, methodological principles of individual life in a crisis society (V.P. Andrushchenko, N.V. Khamitov, S.A. Krylova, V.G. Kremen, S.I. Pirozhkov and leading experts, humanities). However, science must be critical of this concept, in order to further study it and understand the possibilities of its implementation in management practice. (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the educational system of (...) the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

Logic, language and information integration is one of areas broadly explored nowadays and at the same time promising. Authors use that approach in their 8 years long research into Structured Semantic Knowledge Base System. The aim of this paper is to present authors idea of system capable of generating synergy effect while storing various type of information. The key assumption, which has been adopted, is the thesis that the attempt to find universal way of the reality description is very inefficient (...) solution. Combination of several solutions into one system must be based on the principle of supporting rather than on redundancy, ambiguity or mutual antagonism areas of logic, language and information. Natural language processing in the context of logics or information processing is ineffective, not to say pointless in the means of certainty. It is simply caused by the fact that natural languages have been formed long time ago as the main communication channel, rather than for automatic information processing. It was one of the reasons that logic has been founded as the universal language of mathematics and formalized communication in more extensive sense. Information processing however brought more sophisticated problems that mathematics could not smoothly solve, what made computer science appear. Studies over artificial intelligence revealed even more complex issues to solve. The unity of those three areas: logics, language and information is a necessity to acquire complementarity and synergy. (shrink)

Se presenta una revisión bibliográfica en la que se valora la implementación de las estrategias curriculares en la Licenciatura en Enfermería, a partir de las asignaturas impartidas en el segundo año de la carrera. Se destaca la importancia de estos recursos pedagógicos en la formación de los estudiantes, su desarrollo y contribución a la solución de situaciones relacionadas con el cuidado, la calidad de la atención de salud, la disminución de eventos adversos y la seguridad del paciente. Las estrategias curriculares (...) vinculadas a la carrera de Enfermería constituyen una forma particular de desarrollar el proceso docente, caracterizadas por una direccionalidad coordinada que responde al perfil de salida del egresado, en la que se imbrican los contenidos y métodos teóricos y prácticos de las unidades curriculares correspondientes al plan de estudio, a partir de una estructura metodológica que garantiza su funcionamiento. Ello contribuye a la formación integral de un profesional competente. A bibliographic revision is presented in order to assess the implementation of curricular strategies in Nursing 2nd year subjects. The importance of teaching aids in students' training, their development and contribution to solve issues related to care and quality of the health system, the lowering of adverse events and the patient´s safety are pointed out. Curricular strategies related to Nursing represent a particular way to develop the teaching process, characterized by a coordinated direction which responds to the graduate's experience, in which theoretical and practical methods and contents of the curricular units that belong to the syllabus are interwoven, starting from a methodological structure that ensures these strategy functions. It contributes to the comprehensive formation of a competent professional. (shrink)

A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...) in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities. (shrink)

Moral particularism denies that moral reasons present in particular cases depend on any suitable provision of moral principles. If they did, there should be invariable reasons. But reasons are holistic: whether a consideration is a reason may vary with the context. This work responds to particularism with a moderate form of generalism, according to which it is compatible with reasons holism that moral reasons are fundamentally determined by moral principles. The holism of reasons is explained by construing moral principles as (...) hedged: they determine reasons that are invariable, but only given the presence of certain suitable conditions. Both what may function as a reason and what may function as a suitable condition is determined by the given principle's normative basis---the basis on which we attribute to reasons normative force capable of justifying action. Such determinations don't happen fundamentally on a case-by-case basis, but instead set on the holism of reasons the sorts of antecedent constraints that particularism cannot accept. So, although the view rules out standard forms of generalism, it doesn't collapse into particularism. The moderate generalist view of moral metaphysics is argued also to ground better explanations of the relevant sorts of moral facts than its particularist rivals. It is also argued that generalism can regard moral principles as necessary for good moral deliberation without requiring that the deliberator represent them to herself in explicit propositional form. Psychologically, the grasp of moral principles that is required for proper responsiveness to reasons determined by principles may simply structure one's capacity to be responsive to reasons. Finally, on moderate generalism, overall moral verdicts about particular cases are a function of the relative strengths of the reasons present in them. It is argued, from the structure of value and evaluative comparisons, that the relative strengths of reasons are determined not by priority principles that order competing principles but by evaluative comparisons of the alternatives for which the competing principles specify reasons. A plausible moral epistemology is sketched on which the context-sensitivity of such comparisons doesn't make them too weak to justify moral verdicts. (shrink)

The article substantiates that science, thanks to the latest media in the dissemination of scientific communication (especially computer word processing, big data accumulation, mega-science installations, the latest international networking platforms and collaborations), has gone beyond all institutional, organizational, regional, national and partly disciplinary borders. Science as a supranational communication system has reached a complexity that is incompatible with the standards for evaluating scientific work and scientific achievements, which are traditionally carried out in the form of scientific committees, individual examinations and (...) other collegial forms of scientific communication. The collegiality of making the most important decisions regarding the examination of the scientific product itself, the thematic agenda, professional competencies and the resulting distribution of remuneration, reputation, ranks, degrees, grants has exhausted its capabilities to a certain extent. As a result, science turns out to be opaque both for the regulator, who is trying to exercise control over scientific institutions, and for science itself, which in the form of scientific self-government and philosophical reflection of science carries out the function of self-observation and self-description. A working hypothesis is proposed, which states that in response to this crisis of collegiality, reflection and control, new media of communicative success and new organizational forms of scientific communication crystallize in science, which can restore the ability of a scientific system to process its internal and external complexity. These media are represented by a new, social-networked form of scientific expertise and partly scientific work, which will be able to compensate for the lack of self-reflection, both at the organizational level of research institutes and at the level of global control over science as a whole. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

The capabilities approach of Amartya Sen and Martha Nussbaum has become an influential viewpoint for addressing issues of social justice and human de- velopment. It has not yet, however, given adequate theoretical consideration to the requirements of environmental sustainability. Sen has focussed on the instrumental importance of human development for achieving sustainability, but has failed to consider the limits of this account, especially with respect to consumption-reduction. Nussbaum has criticised constraining material consumption for its paternalistic prescription of one particular conception (...) of the good life, without considering it as an imperative of justice. We discuss two possible extensions of the capabilities approach. First, the concept of ca- pability ceilings contains several attractive elements, but it also suffers from some shortcomings. Therefore, second, we advocate constraining people’s combinations of functionings in accordance with a personal budget which con- sists of a fair share of environmental resources. (shrink)

A number of well-known Hegel-inspired theorists have recently defended a distinctive type of social freedom that, while bearing some resemblance to Isaiah Berlin’s famous description of positive freedom, takes its bearings from a theory of social recognition rather than a theory of moral self-determination. Berlin himself argued that recognition-based theories of freedom are really not about freedom at all but about solidarity, More strongly, he argued that recognition-based theories of freedom, like most accounts of solidarity, oppose what Kant originally understood (...) to be the essence of positive freedom, namely the setting of volitional ends in accordance with an individual’s exercise of his or her own reason, apart from social authority. In this chapter I argue that recognition might describe an essential social condition of positive freedom, or moral autonomy, as Kant and Berlin understand that term, but only with qualification: Only if recognition doesn’t imply a strong state of social solidarity, understood as a psychological state of identifying with, viz., feeling totally at home with and completely affirmed by, one’s society, and instead assumes only a weak form of democratic civic solidarity, can it function as a category of social freedom, and then only in the narrow sense of political freedom. To the degree that the different institutionalized forms of recognition in modern democracies compete with each other, social freedom will presuppose a second-order recognition of society’s affirmation of their freedom by those whose identities are invested in these forms, to wit: that such forms are or can be sufficiently harmonized with each other by means of judicious government policies and constitutional safeguards. Recognition that one is not overly dominated by a given social role or social expectation in living one’s life can enable one to become rationally reconciled to society and its primary recognition orders in a way that can be socially freedom-affirming. Detached in this way from any positive solidarity with society, recognition-based social freedom cum recognition of non-domination might also be conceived as a species of negative social freedom. I conclude that rational reconciliation remains at best an imperfectly achievable goal in modern societies marked by basic constitutional and institutional tensions. (shrink)

Since Oneself as Another, Ricœur placed the notion of capability or of “I can” at the center of the hermeneutics of the self. While exploring the range of capabilities, the notion of capability itself nevertheless remains under-determined from a point of view that one may call “technical.” The claim that I defend in this article is that the hermeneutics of the capable human being requires a development of its technical dimension, in other words, a reflection on the competence and means (...) related to the “I can.” To support this claim, five dimensions of incapability of the capable human being are examined, in order to assert that incapability is the practical horizon of the action of the capable human being. Subsequently, the tension between ability and inability is described as the originary finitude of the human agent. This conclusion makes it possible to demonstrate that the capable-incapable human being reveals the technicity of the human being over the entire range of social interactions. Normal 0 false false false EN-US JA X-NONE. (shrink)

One of the most intractable contemporary problems in the USSR is the Soviet federal dilemma. The late 1980s witnessed competing claims among the national minority groups of the USSR to rights of voice, representation, and cultural, economic, and even political sovereignty. Since the onset ofperestrojka, the principle of nationalstatehood has acquired a new legitimacy. Nationality is one of the pillars of the federal reform. The drive to create a new Soviet federalism has become an important component ofperestrojka. But, according to (...) Leninist doctrine, the nation is a transitional formation. Unless there is a significant departure from Leninist theory, the new acknowledgement of the rights of nations in the USSR can only be a political — and thus temporary — concession. Can the ideology evolve in such a way as to provide ideologically-based political legitimacy to the notion of national-statehood? Is Gorbachev''s dynamic interpretation of Leninism capable of rejecting one of Lenin''s most fundamental concepts? The thesis of this article is that Soviet federal reform requires a substantial departure from the Leninist tradition. The extent to which Soviet leaders are prepared to do this casts light on one of the perennial concerns of socialist thought, namely whether ideology matters at all. (shrink)

Explicit description of maps definable by formulæ of the second order intuitionistic propositional calculus is given on two classes of linear Heyting algebras—the dense ones and the ones which possess successors. As a consequence, it is shown that over these classes every formula is equivalent to a quantifier free formula in the dense case, and to a formula with quantifiers confined to the applications of the successor in the second case.

This paper is about the first (L1) and second language (L2) skills of Turkish-German dual language learners (DLLs), the interrelatedness of the L1 and L2 skills, and their relation to other selected child and family variables. The first aim of the study was to examine L1 and L2 performance and the relation between the languages. Second, the study sought to explore the conditions in which functioning dual language development can be achieved, while trying to predict the extent to which child (...) and environmental factors are related to the DLLs’ language competencies. L1 and L2 language skills of N = 69 bilingually developing 3- to 5-year-old Turkish-German children were assessed via standardized tests. In addition, information on the children’s sociodemographic variables and home language environments was obtained by means of parental questionnaires. Correlational analyses were used to examine the interrelations between L1 and L2 skills and multiple regression analyses were conducted in order to predict the children’s language competencies. The children showed age-appropriate language skills in L1 (Turkish) and lower language skills in L2 (German). Whereas their phonological memory abilities were positively correlated with L1 and L2 skills, their expressive vocabulary in L1 was negatively correlated with L2 skills. Our findings also indicated that phonological memory was a strong predictor of language abilities. Concerning family variables, both early daycare entry and stimulating home language environment were significant predictors of better L2 skills. Lastly, balanced use of both languages at home had no negative consequences on language competencies. Although more research is needed, this study shows the benefits of using a combined language measure including both L1 and L2 skills to predict DLLs’ language competencies without disregarding either of their languages. (shrink)

Secundum Petrum Bieri dualismus ontologicus hoc trilemma generat: 1) Status mentis non sunt status physici. 2) Status mentis causalitatem exerceunt in regionem statuum physicorum. 3) Regio statuum physicorum est causaliter clausa. Haec tertia propositio a Bieri “physicalismum methodologicum” exprimere dicitur. Ut hoc trilemma solvat, Bieri unum eius membrorum reicere suadet. Hylemorphismus causalitatem mentis ut causalitetem formalem explicat, relationem vero hominis ad mundum ut causalitatem efficientem. Unde clausura causalis mundi de causalitate efficiente intelligi potest, quae in physica investigatur. Liberum arbitrium ab (...) intentione mentis originem trahit. Etiam possibilitas libertatis humanae ex intentionalitate mentis explicari potest. Libertas adhuc hominis ut electio unae duarum optionum intelligi potest. Homo eligens rationes ponderat, quae sunt abstractae et distinctae a causis efficientibus rerum materialium, quae sunt concretae. Doctrina hylemorfica insuper fundamenum sufficiens ad problema identitatis personae per tempus solvendum praebere potest. Quoniam omnia elementa materialia in homine per tempus mutantur – imo DNA mutari potest –, principium identitatis immateriale esse debet. Pro principio identitatis igitur forma substantialis personae accipi potest, quae est metaphysica explicatio naturae mentis, quae actionem liberam electione deliberata per intentionalitatem libertatemque arbitrii inchoare potest)Peter Bieri formulates the assumptions of the ontological dualism via a trilemma: 1) Mental states are not physical states. 2) Mental states have causal effects in the realm of physical states. 3) The realm of physical states is causally closed. Bieri labels the third sentence of this trilemma as methodological physicalism. In order to solve this trilemma Bieri proposes to abandon one of the three premises. Hylomorphism explains mental causality as formal causality, and the relation between human beings and the world as efficient causality. Thus, the causal closure of the world can be understood as closure of the efficient causes, which are studied by physics. Free decision begins with the intentionality of the mind. The possibility of human freedom can also be explained through the intentionality of the mind. Human freedom can be understood as a choice between two alternatives. When choosing, human beings weigh reasons which are abstract and distinct from the efficient causes of material objects that are concrete. Hylomorphism can, further, provide sufficient grounds for solving the issue of personal identity through time. Since all the material elements in a human being change through time – even the DNA can change – the principle of identity cannot be material in character. Thus, it is the substantial form of a person (i.e. the metaphysical explanation of the mind, which is capable of initiating free action through its intentionality and freedom of choice in deliberate decision making) that can be accepted as the principle of identity. (shrink)

In spite of the thousands of articles on stakeholder theory, research on value creation has had a shorter history and narrower breadth. Only a few studies have researched value creation from stakeholder perspective looking at how stakeholders appropiate value or the processes or activities by which stakeholders create value. Consequently to date, certain questions still remain unanswered regarding how a firm should treat stakeholders in order to create value. Several questions arise specifically from the stakeholder's side: What does "value" (...) mean for a particular group of stakeholders and how do firms create these different types of value? How do we measure the value created by stakeholders? The purpose of this paper is to answer these questions from Amartya Sen's Capability Approach, identifying and measuring stakeholders' capabilities in the value creation process. Stakeholder Capability is the adequate concept for understanding stakeholder welfare rather than the utility function concept. The empirical evidence comes from an in-depth case study of the company The Grobo Group and its stakeholders. According to the results, the following stakeholder capabilities are relevant to value creation: being employable, being autonomus, being innovative, being entreprenurial, being responsive, being socially integrated, being emphatic, being "green" and being healthy. (shrink)

Eliminativists about free will and moral responsibility argue that no action can be free and responsible because in order to be actions, our movements must be caused by features of our character or will. However, either the will is constituted by states that are themselves produced by events outside our control, or it is constituted by our own choices, which must themselves stem from our will in order to be up to us. Thus, any attempt to account for (...) freedom and responsibility seems to either run into an infinite regress or leave the ultimate causes of our actions up to something outside our agency. Compatibilists attempt to respond to this challenge by arguing that we need not have control over our will in order to be free, but only to have control of our actions on the basis of our will. Libertarians, on the other hand, argue that we can be free so long as our choices are caused indeterministically and chosen for reasons. -/- I argue that both approaches ultimately leave the constitution of the will up to non-agential factors because the dominant accounts view all choices—including those that constitute the will—as essentially events caused by other events, leaving no function for agents to perform. In response, I argue that we can avoid eliminativism if we take the will to be irreducible to events such as choices and also our own. Through an examination of recent non-volitionist approaches that allow for responsibility for non-deliberative action, I argue that such accounts presuppose a Heideggerian view of agency on which all action and deliberation occur on the basis of an underlying projection of possibilities into which we are thrown. Heidegger’s account of temporality in turn allows us to own ourselves in the present by retrieving our past as always already chosen in light of our self-projection into the future. Agents are thus self-constituting beings capable of owning themselves and independent of causation by prior events. Freedom and responsibility are therefore irreducible features of agency. (shrink)

Women have consistently higher levels of disgust than men. This sex difference is substantial in magnitude, highly replicable, emerges with diverse assessment methods, and affects a wide array of outcomes—including job selection, mate choice, food aversions, and psychological disorders. Despite the importance of this far-reaching sex difference, sound theoretical explanations have lagged behind the empirical discoveries. In this article, we focus on the evolutionary-functional level of analysis, outlining hypotheses capable of explaining why women have higher levels of disgust than (...) men. We present four hypotheses for sexual disgust and six for pathogen disgust, along with testable predictions. Discussion focuses on additional new hypotheses and on future research capable of adjudicating among these competing, but not mutually exclusive, hypotheses. (shrink)

The contemporary digital reality is inconceivable without artificial intelligence (AI), which has become disseminated across all cultural practices, from scientific and artistic endeavors to everyday activities. AI increasingly functions as an agent of communication and decision-making, gradually surpassing human capabilities across nearly all competencies. The information flows of this new reality can only be navigated through hybrid systems based on post-critical rationality, which inherently introduces an irreducible element of uncertainty and risk in human-machine environments. The article proposes examining the techno-subject (...) through the lens of activity theory and the multiple types of rationality it generates. This framework facilitates the analysis of sociocultural and anthropological implications arising from AI’s integration with human domains, while addressing the existential challenges inherent in constructing a harmonious hybrid society. Beyond V.S. Stepin’s types of scientific rationality, the author builds upon previously introduced forms of rationality: post-critical, object-oriented, instrumental, subjective, results-oriented, creative, and autopoietic. This theoretical framework facilitates a substantive discussion of various manifestations of AI subjectivity, including its generalized embodiment and creative specificity. The demarcation of dominance domains between natural intelligence and AI in the intellectual sphere is proposed to be resolved on the basis of their heuristic potentials. The author maintains that natural intelligence invariably possesses superior capacity in this regard. The article examines approaches to risk assessment in AI implementation strategies, focusing on criteria for preserving anthropological and sociocultural profiles in the development of hybrid society. Advancing the concept of friendly AI is substantiated as essential, with consideration given not only to technological but also to anthropological aspects of human–machine interaction. The author advocates for the development of social examination institutions as regulatory mechanisms for natural–artificial intelligence interaction and anthropological–technological subject interfaces. (shrink)

The discounting principle states that 'the role of a given cause in producing a given effect is discounted if other plausible causes are present' (Kelley, 1972, p. 8). The principle has only been tested with cases where the two explanations are of the same kind (i.e., causal explanations). However, explanations of properties of objects, people, or events often involve functions. Zebras have stripes in order to be better camouflaged. Humans have eyebrows to keep sweat from running into their eyes. (...) Adrenaline is secreted in order to modulate fight and flight responses. Thus, what happens when we are faced with two different kinds of explanation for the same property: one functional and one causal? People evaluated explanations of properties for natural kinds and artefacts. Functional explanations were discounted in favour of causal explanations, however this was only true for properties of artefacts. The presence of an alternative explanation for properties of natural kinds did not affect the plausibility of either kind of explanation. (shrink)

The article reviews the peculiarities of distance learning platforms usage in law enforcement educational institutions during the Covid-19 pandemic. Distance learning at U.S. Federal Law Enforcement Training Center, which is based on the Online Campus have been substantiated. Particular attention is paid to topical issues of training on such online training mod-ules of the Campus: crime scene, driving training, drugs, firearms, health, interviews, investigation, law, topography, maritime training, personal security, technical means, terrorism, stopping vehicles, etc. There are also programs to (...) study the courses "Small Arms" and "Use of Force" in the online training modules of the Campus. The specifics of professional training of border guards in Asian countries have been revealed: the use of platforms of law enforcement agencies; focus of training on the devel-opment of basic competencies and the ability to solve problem situations; the opportunity to take online courses for all categories of staff at a con-venient time; creation of a three-level round-the-clock system of functioning of training of specialists. Peculiarities of professional training of border guards of European countries have been outlined considering the usage of both the platforms of institutions and joint platforms of international organizations, namely: web platform Virtual Aula of Agency FRONTEX; CEPOL DL web platform; European Coast Guard Training platforms; ILIAS EU Mission EUBAM; Connect & Learn UNHCR; UNODC and others. Special attention is paid to the capabilities of the Virtual Aula web platform for training teachers, instructors, external experts, etc. Web platform Virtual Aula of Agency FRONTEX presents up-to-date information on educational programs conducted in Europe. Characteristics of distance learning platforms usage in higher law enforcement educational institutions in Ukraine have been presented. Distance learning course of the English language for border guards have been developed and implemented. Considerable attention is also paid to the disclosure of online assessment of knowledge: the test of self-control on the topics, modules, and procedure of final assessment. (shrink)

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of (...) emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts. (shrink)

This study clearly reveals that the benefits ascribed to strategic planning typically are achieved through a variety of means. A formal process that seeks to plan in a comprehensive, linear fashion is likely to be too complicated, politically divisive, expensive and inflexible, and to ignore how decisions are made in a complex, highly decentralised university. While many approaches to planning are used, universities must ensure they provide periodically opportunities for university staff—freed from daily responsibilities—to consider strategic concerns. Accurate and relevant (...) information must be available to all who make and carry out decisions. Planning should be viewed as a learning process rather than a document producing exercise. Extensive communication among university staff and faculty is needed to ensure informed debate and substantial acceptance of decisions—otherwise they are unlikely to be implemented. Perhaps most important is not the process employed but the decision-maker's breadth of perspective and sophistication. No process will overcome lack of competent leadership. The importance of daily decision-making in various councils and committees on issues such as cost containment and budgetary priorities is underestimated in the literature on planning.Critics have doubted whether universities' structures and processes permit them, or their leaders have the resolve, to confront the emerging issues. However, in many respects, the universities' decentralised, multiple decision-making practices may suit them well. They face the same challenging societal changes as other sectors of society. Their staff include some of the most capable individuals in the United States, and in the past they have been highly adaptable during periods of profound social change.Universities do not appear to be less aware of the need to adapt, nor more constrained in adapting to new conditions, than other sectors of society. In fact, university research and scholarship will be highly important in pointing the way for the whole of society to meet this era's challenges. If pessimistic predictions about current trends turn out to be accurate, universities no doubt will adapt at least as well as other kinds of institutions. The travails of business in this environment are daily news! There will be occasional casualties among the universities, as frequently occurs during major social transitions, but institutions that have grown in importance for over 1,000 years, will doubtless emerge from this period perhaps somewhat changed but still performing their historic social functions. (shrink)

A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling beneath the threshold has (...) a legitimate claim to justice. People's entitlements to health care should not be determined on the basis of brute luck and their efforts to maintain healthy lifestyles. The prioritization of competing claim-rights of individuals is guided by two allocation principles: number and benefit-size weighted sufficiency (among people beneath the threshold) and need-weighted utilitarianism (among people above the threshold). (shrink)

BackgroundPatient autonomy is a fundamental, yet challenging, principle of professional medical ethics. The idea that individual patients should have the freedom to make choices about their lives, including medical matters, has become increasingly prominent in current literature. However, this has not always been the case, especially in communist countries where paternalistic attitudes have been interwoven into all relationships including medical ones. Patients’ expectations and the role of the doctor in the patient-physician relationship are changing. Croatia, as a transitional country, is (...) currently undergoing this particular process.MethodsQualitative research was conducted by means of six focus group discussions held in the years 2012 and 2013 in Croatia. Focus groups were held separately with each of the following: first year and final year medical students, physicians engaged in medical ethics education, physicians practicing in a clinical hospital, family medicine residents and individuals representing patients with chronic disease. This research specifically addresses issues related to patient autonomy, in particular, the principles of truth telling, confidentiality, and informed consent. All focus group discussions were audio taped and then transcribed verbatim and systematized according to acknowledged qualitative analysis methods.Results and discussionPatient autonomy is much more than a simple notion defined as the patient’s right to make treatment decisions independently. It has to be understood in context of the broader socio-cultural setting. At present, both patients and medical doctors in Croatia are increasingly appreciating the importance of promoting the principle of autonomy in medical decision-making. However, the current views of medical students, physicians and patients reveal inconsistencies.Conclusions Knowing how to respect the various facets of patients’ autonomy should be part of physician’s professional duties, and also be reflected in his or her core clinical competencies. For this reason greater importance should be dedicated to patient autonomy issues in medical education in Croatia. (shrink)

The topic was chosen for consideration is extremely relevant, as modern world is constantly evolving and influencing technological capabilities of information and communication technologies. The permanent development of information and technological sphere is constantly influenced by technologies both technological innovative techniques and means of techno world, which are reflected in an outlook and ideology of the modern person. The level of digital ideology and outlook of the modern man should include awareness and advanced technological training in order to operate (...) with digital world, to function in well-functioning communication throughout the country. Analyzing Recent Research and Publications - We draw on recent work in the digital world, namely Mark Goodman's Crimes of the Future, Max Tegmark's Life 3.0. The Age of Artificial Intelligence "by Stephen Pinker" Enlightenment Today. Arguments for Mind, Science, and Progress, Alex Ross, The Industries of the Future, Kevin Kelly, "12 Technologies That Shape Our Future," Eric Brianolfsson and Andrew McAfee, "The Second Age of Machines. Work, progress and prosperity in times of extraordinary technologies ”and a number of works by domestic authors - O. Kivlyuk, O. Sosnin, O. Punchenko, which explore the relevant topics of this problem. Methods are collections of knowledge about complex systems, since digital age requires systematic thinking in new categories in order to understand better and refine technological processes. System dynamics can have a greater impact on the development of the technological world and the ideology and outlook of the modern man than the parameters of its individual components. Highlighting previously unsettled parts of global problem addressed in this article. The basis of research is theoretical and practical aspects of digital worldview and ideology of modern people, which should be formed as a systemic thinking based on cyclical relationships between the components of the system and nonlinear cause and effect relationships within it. Usually, this avoids the unanticipated consequences increasing the risk of components being considered in isolation. The statement of the problem - analysis of the development of information and technological sphere and its impact on the digital worldview and ideology of modern man. The purpose of the article is to conceptualize the influence of the information and technological sphere on the digital worldview and ideology of modern man, which we present as systematic digitized thinking. Results of the research. It is proved that the development of information and technological sphere influences the designation of scientific and technical and innovative achievements of civilization, which transform reality, and require the formation of a digitized worldview and ideology. It is substantiated that the development of information and technological sphere and formation of digital outlook and ideology of modern man act as catalysts for increase of intellectual and digital capabilities of a person capable to live in the digital era. (shrink)

Child liberationism holds that children are entitled to more freedom from interference than we currently acknowledge socially or legally. It holds, for example, that "the law [should] grant and guarantee to the young the freedom that it now grants to adults to make certain kinds of choices, do certain kinds of things, and accept certain kinds of responsibilities. This means in turn that the law [should] take action against anyone who interferes with young people's rights to do such things".1 Call (...) an agent minimally rational just in case he/she is capable of basic means-ends reasoning and of basic reflection on his/her beliefs and desires. No plausible form of child liberationism advocates full freedom from interference (i.e., as much as normal adults) for children that are not yet minimally rational. Some child liberationists do, however, advocate full freedom from interference for all minimally rational children -- typically those over age 5, say. Call this position radical child libera tionism . Other child liberationists only advocate full freedom from interference for older children -- typically those over age 12, say. Call this position moderate child libera tionism .2 For the sake of argument we shall grant that even young minimally rational children (e.g., 5 year olds) have full rights of non-interference. We shall argue that there are nonetheless a wide range of paternalistic practices regarding such children that are legitimate. In short, even granting the radical child liberationist thesis that young children have the same formal rights to freedom as competent adults, it does not follow that young children should enjoy the same effective freedom. Indeed, there are good reasons for holding that they should enjoy less freedom. Or so we shall.. (shrink)

Both the capability and the recognition approach are influential and substantial theories in social philosophy. In this contribution, we outline their main assumptions in their assessment of poverty. The two approaches are set in relation to each other, focusing mainly on (a) their moral evaluation of poverty, (b) issues of justification of their central normative claims, and (c) the role that is attributed to subjective experiences, feelings and emotions in these theories. This comparison reveals that in spite of significant (...) differences, both lead to the claim that poverty can never be adequately assessed without putting it into the context of a comprehensive ethical theory about the nature and function of societies. Drawing on this result, we conclude that the critical function of social philosophy plays an irreducible role in the study and understanding of poverty. (shrink)

In this article I defend a rule utilitarian approach to paternalistic policies in research with human participants. Some rules that restrict individual autonomy can be justified on the grounds that they help to maximize the overall balance of benefits over risks in research. The consequences that should be considered when formulating policy include not only likely impacts on research participants, but also impacts on investigators, institutions, sponsors, and the scientific community. The public reaction to adverse events in research (such as (...) significant injury to participants or death) is a crucial concern that must be taken into account when assessing the consequences of different policy options, because public backlash can lead to outcomes that have a negative impact on science, such as cuts in funding, overly restrictive regulation and oversight, and reduced willingness of individuals to participate in research. I argue that concern about the public reaction to adverse events justifies some restrictions on the risks that competent, adult volunteers can face in research that offers them no significant benefits. The paternalism defended here is not pure, because it involves restrictions on the rights of investigators in order to protect participants. It also has a mixed rationale, because individual autonomy may be restricted not only to protect participants from harm but also to protect other stakeholders. Utility is not the sole justification for paternalistic research policies, since other considerations, such as justice and respect for individual rights/autonomy, must also be taken into account. (shrink)

The GOOGLE and XPRIZE $5,000,000 for the practical and socially useful utilization of the quantum computer is the starting point for ontomathematical reflections for what it can really serve. Its “output by measurement” is opposed to the conjecture for a coherent ray able alternatively to deliver the ultimate result of any quantum calculation immediately as a Dirac -function therefore accomplishing the transition of the sequence of increasingly narrow probability density distributions to their limit. The GOOGLE and XPRIZE problem’s solution needs (...) the initial understanding that the result of any quantum calculation is a wave function, or respectively, a probability (density or not) distribution unlike the Turing machine one, and only a “calculating ray” is able to transform the former into the later without any “curving” disturbances. Thus, the unique capability of the quantum computer due to its inherent quantum parallelism can be conserved for all Gödel unresolvable problems, only on the fast “NP” track of which the quantum computer “Achilles” is able practically to overrun the Turing machine “Tortoise” since the latter can “sprint” only by any “P” calculating speed even on it and unlike “Achilles” himself able for “NP” velocities as well. The way for any material body to “calculate” the certain trajectory of least action also resolves the “traveling salesman problem” in fact, therefore illustrating furthermore what the “NP” output of a quantum computer by a “calculating ray” should mean. Another example is the problem of the number of all prime numbers less than “N”, which is suggested to visualize once again the quantum computer capability to resolve problems by a “NP” speed and thus qualitatively to overrun any competing Turing machine. The technically implemented idea of laser is now reinterpreted to “radiate a wave function” in order to explain the “calculating ray” option for a quantum computer “NP” output. The generalization of an entanglement “trigger ray” described by any non-Hermitian operator (unlike a laser) is suggested as well as those “sci-fi” horizons which it reveals. One of them is meant for elucidating the practical meaning of the “Yang-Mills existence and mass gap problem”, one more of the CMI “Millennium Problems” after that of “P vs NP”. -/- . (shrink)

1 This book is the product of a one-year project conducted by the Hastings Center, Institute of Society, Ethics and the Life Sciences, during 1976-1977. The Behavior Control Research Group-an ongoing, interdisciplinary working group com posed of philosophers, psychiatrists, psychologists, social sci entists, and lawyers-met four times over the course of the year with special consultants with expertise in the field of mental retardation. At those meetings, participants gave in formal presentations, which were followed by group discus sion. As the (...) project progressed, formal papers were delivered and subjected to further critical commentary. This volume, in two related parts, represents the deliberations of the group as a whole, and then offers individual papers prepared by some scholars in order to give a sense of the kind of specific arguments on which the general conclusions were based. We undertook the project to examine: (1) questions of competence and consent; and (2) the practical implications, lThe project, entitled "Ethical Issues in the Care and Treatment of the Mildly Mentally Retarded," was supported by the EVI5T program of the National Science Foundation under Grant No. 05576-14793. Any Opinions, findings, conclusions, or recommendations expressed herein are those of the authors and do not necessarily reflect the views of the National Science Foundation. ix x PREFACE in terms of care and treatment, that evolve from differing definitions and models applied to mental retardation. (shrink)

Research Ethics Committees (RECs) play a critical gatekeeping role in clinical trials. This role is meant to ensure that only those trials that meet certain ethical thresholds proceed through their gate. Two of these thresholds are that the potential benefits of trials are reasonable in relation to risks and that trials are capable of producing a requisite amount of social value. While one ought not expect perfect execution by RECs of their gatekeeping role, one should expect routine success in it. (...) This article reviews a range of evidence showing that substantial numbers of ethically tainted trials are receiving REC approvals. Many of the trials are early phase trials that evidence shows have benefits that may not be reasonable compared with their risks and many others are later trials that evidence shows may lack sufficient social value. The evidence pertains to such matters as methodologically inadequate preclinical studies incapable of supporting the inferences that REC members must make about the prospects for potential benefit needed to offset the risks in early phase trials and sponsorship bias that can cause improperly designed, conducted, analysed and reported later phase trials. The analysis of the evidence makes clear that REC practices need to be strengthened if they are to adequately fulfil their gatekeeping role. The article also explores options that RECs could use in order to improve their gatekeeping function. (shrink)

We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also (...) torn by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)

Within recent scholarship, a long-standing tendency to view Foucault as pessimistic about the possibilities of activism is now being reversed. For many contemporary commentators who emphasize the themes of personal agency, transgression and radical freedom in their assessment of his thought, Foucault offers new possibilities for political practice and for the pursuit of self-determination. However, an examination of Foucault’s work, particularly in the transitional period preceding his so-called ‘ethical’ writings, indicates his appreciation of basic human needs and functions that complicates (...) the current understanding of Foucault as a philosopher of freedom. Particularly in his discussions of the ideas of ‘desubjectivation’ and ‘limit-experience’, Foucault’s work recognizes that prior conditions of psychological, economic and social ‘well-being’ are prerequisites for any subsequent performance of freedom. Examining this dimension of Foucault’s work reveals interesting points of convergence between his thought and the capabilities approach advocated by philosophers such as Amartya Sen and Martha Nussbaum. Like them, Foucault’s work recognizes that there are some minimal levels of human functioning below which talk of self-determination is misplaced. As such, political philosophy needs to be concerned with the grounds of personal and political obligation, no less than the limits and possibilities of freedom. (shrink)

In this article, we provide a description of the good in health promotion based on an empirical study of health promotion practices in New South Wales, the most populous state in Australia. We found that practitioners were unified by a vision of the good in health promotion that had substantive and procedural dimensions. Substantively, the good in health promotion was teleological: it inhered in meliorism, an intention to promote health, which was understood holistically and situated in places and environments, a (...) commitment to primary rather than secondary prevention and engagement with communities more than individuals. Procedurally, the good in health promotion arose from qualities of practices that they developed over time in respectful relationships, were flexible and responsive to communities, built capabilities in communities and were sustainable. We discuss our findings with reference to Martha Nussbaum’s normative list of functional capabilities for a good human life, David Buchanan’s vision for health promotion ethics and common concerns in health promotion ethics regarding the relationship between paternalism and freedom. Our thick, vague conception of the good in health promotion, founded in the values and practical reason of people engaged daily in health promotion work, contributes to the development of a more complete theory of health promotion ethics. (shrink)

This paper concerns itself with the concept of diminished competence with particular regard to the problems and options that mentally compromised patients raise for medical management. It proceeds through three general stages: (1) a restatement of the sense and grounds of the new patients' rights ethos which the existence of such patients calls into question; (2) a consideration of what expanded responsibilities and tactics physicians should embrace to protect and enhance such patients' autonomy; and (3) the standards, criteria, and mechanisms (...) by which paternalistic interventions might be justified in cases when the diminishment remains too substantial to merit acceptance of the patients' directives. (shrink)