Euthanasia and physician-assisted suicide are common practice in the Netherlands. In response to increasing requests from patients to end their lives, physicians are finding themselves placed in particularly precarious situations because of advance directives written by patients suffering from severe dementia. In April 2020, the Supreme Court of the Netherlands issued two judgments in the so-called Dormicum case: a case involving the deliberate termination of the life of a 74-year-old woman suffering from advanced dementia by a geriatrician in a nursing (...) home in The Hague. The judgment of the lower criminal court was upheld, but the sanction imposed by the appellate disciplinary court was quashed. In this paper, the author reviews the two Supreme Court rulings, argues that both are fundamentally flawed and raises questions as to what they mean for Dutch criminal law, physicians, and patients going forward. (shrink)

Dutch medical ethics policy is renowned for being highly liberal, due largely to the Dutch law on euthanasia. The Netherlands is one of the very few countries in which euthanasia performed by physicians and physician-assisted suicide has been legalized. Acts of euthanasia and PAS go unpunished, provided certain conditions are fulfilled.

In the Netherlands, euthanasia has been decriminalized. Termination of life on request and assisted suicide are criminal offences under Dutch law; but if physicians comply with the due care requirements of the Euthanasia Act and report their actions in the manner prescribed by law, they will not be prosecuted. One of the requirements relates to the act of euthanasia itself. If this is to be performed with due medical care, the physician relies on the services of a pharmacist. However, the (...) responsibilities of the pharmacist with respect to euthanasia are not laid down in law. At present, Dutch pharmacists have to make do with professional rules that do not offer adequate solutions for the problems that may arise when euthanasia is performed. (shrink)

In his article, Thomas Rissfeldt argues the compatibility of palliative care with euthanasia and assisted suicide.1 By his account, many working within the field of palliative care feel that euthanasia and physician-assisted suicide are incompatible with palliative care. Wrongly, according to the author, since (1) the aims of palliative care and euthanasia/assisted suicide are not different, (2) euthanasia and assisted suicide are compatible with the fundamental role of the physician as healer, and (3) euthanasia and assisted suicide do not necessarily (...) constitute patient abandonment.2. (shrink)

Marije Brouwer et al. contend that collecting treatment experiences of newborns with life-threatening conditions can support both caregivers and parents in making difficult end-of-life decisions. They illustrate the importance of that understanding by narrating the heartbreaking story of the sisters Roos and Noor, two newborns in the last stage of their lives.1.

In June 2022, the Supreme Court of the United States overturned Roe v. Wade. The European Court of Human Rights is also expected to decide on several abortion cases. In this paper, the interpretative approaches of both courts are compared. Whereas the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization decided on an originalist approach to the Constitution, the highest European court has always regarded the European Convention on Human Rights as a living instrument. As a result, domestic (...) laws regulating the interruption of pregnancy are seen by the Strasbourg court as interferences with a fundamental right, the right to respect for private life. Although member states of the Council of Europe enjoy a wide margin of appreciation with regard to the circumstances in which abortion will be permitted, its highest court put forward the state’s positive obligation to secure pregnant women’s right to effective respect for their physical and psychological integrity in several landmark judgments. In this way, it ensures the existence of effective mechanisms in countries with a poor record of implementing the right to a lawful abortion. Albeit at a minimum, the Strasbourg court offers protection, whereas the U.S. Supreme Court no longer does. (shrink)

The public debate on voluntary termination of life by elderly people, which has been an intensely controversial subject in the Netherlands for some time, has centered around the issue of “completed life” in recent years. In 2016, an ad hoc governmental advisory committee concluded that the already existing Euthanasia Act provided sufficient scope to resolve most of the problems related to the issue. Most of the older adults who feel they no longer have anything to look forward to in their (...) lives and who have developed a wish to die as a result would be able to invoke this Act. Partly for this reason, the committee considered broadening the legal options relating to assisted suicide undesirable. Analysis of the assessment practice of the regional euthanasia review committees reveals that the room for interpretation offered by the Euthanasia Act is indeed considerable. (shrink)

Patient’s decision making competence is a widely discussed subject. Issues of competence, autonomy, well-being and protection of the patient come up every day. In this article we analyse what role PDMC plays in Dutch legislation and what dilemmas healthcare professionals may experience, notably in patients suffering from Korsakoff’s syndrome. Dilemmas emerge if professionals want to meet the requirements mentioned in Dutch law and the desires of their patients. The autonomy of the patient and the healthcare professionals’ duty to take care (...) of their patient’s best interests, create a tension and lead to uncomfortable situations. Healthcare professionals describe difficulty finding a balance between these issues and assessing the degree of mental competence still present. In long term care situations, quality of the relationship between healthcare professionals and their patients seems to be of much more importance in decision making on minor issues of competence than simply relying on legal or house rules. In being committed to their cases, professionals will be more sensitive to individuals habits, abilities, welfare and dignity, which will make it easier to decide on issues of competence, and to find creative solutions to their dilemmas. (shrink)

The application of mobile health holds promises of achieving greater accessibility in the evolving health care sector. The active engagement of private actors drives its growth, while the challenges that exist between health care privatization and equitable access are a concern. This article selects the private internet hospital in China as a case study. It indicates that a market-oriented regulatory mechanism of private mobile health will contribute little to improving health equity from the perspectives of egalitarians and libertarians. By integrating (...) the capability approach and the right to health, it is claimed that mobile health is a means of accessing health care for everyone, where substantive accessibility should be emphasized. With this view, this article provides policy recommendations that reinforce private sector engagement for mobile health, recognizing liberty, equity, and collective responsibility in the Chinese context. (shrink)

The 2002 Dutch Euthanasia law applies to patients aged 12 years and older. Developments in end-of-life care and decision-making in the last decade have sparked the debate about usefulness and necessity to extend euthanasia to include children under 12 years of age. This paper describes two opposite positions: the affirmative position of a pediatrician and expert in pediatric palliative care and the negative position of a jurist and specialist in health law.

Online supplement, "Mulsow: Additions to Notes drawn from the 2002 edition of Moderne aus dem Untergrund" full versions of nearly 300 notes that were truncated in the print edition. Hosted on H. C. Erik Midelfort's website. Martin Mulsow's seismic reinterpretation of the origins of the Enlightenment in Germany won awards and renown in its original German edition, and now H. C. Erik Midelfort's translation makes this sensational book available to English-speaking readers. In Enlightenment Underground, Mulsow shows that even in (...) the late seventeenth century some thinkers in Germany ventured to express extremely dangerous ideas, but did so as part of a secret underground. Scouring manuscript collections across northern Europe, Mulsow studied the writings of countless hitherto unknown radical jurists, theologians, historians, and dissident students who pushed for the secularization of legal, political, social, and religious knowledge. Often their works circulated in manuscript, anonymously, or as clandestinely published books. Working as a philosophical microhistorian, Mulsow has discovered the identities of several covert radicals and linked them to circles of young German scholars, many of whom were connected with the vibrant radical cultures of the Netherlands, England, and Denmark. The author reveals how radical ideas and contributions to intellectual doubt came from Socinians and Jews, church historians and biblical scholars, political theorists, and unemployed university students. He shows that misreadings of humorous or ironic works sometimes gave rise to unintended skeptical thoughts or corrosively political interpretations of Christianity. This landmark book overturns stereotypical views of the early Enlightenment in Germany as cautious, conservative, and moderate, and replaces them with a new portrait that reveals a movement far more radical, unintended, and puzzling than previously suspected. (shrink)

L’addition, dans la cinquième édition en 1683 de La Logique ou L’Art de penser, d’un chapitre consacré à la définition générale du signe et de plusieurs chapitres relevant spécifiquement d’une analyse des signes linguistiques, a été parfois interprétée comme une apparition tardive du “problème du langage” dans le traité d’Arnauld et Nicole. Parce que la plupart de ces chapitres supplémentaires sont la transposition de passages auparavant destinés dans la Perpétuité de la foi (1669-1674) à réfuter le sens calviniste de Ceci (...) est mon corps, on a été enclin à attribuer l’importance de la question du signe et du “problème du langage” dans l’édition de 1683 à une origine théologique. J’essaie au contraire de montrer que, dès la première édition de L’Art de penser en 1662, la problématisation des écarts des expressions linguistiques avec une correspondance terme à terme entre les mots et les idées a été indissociable pour Port-Royal de l’analyse des opérations de l’esprit. Selon moi, dans la Perpétuité de la foi, la critique du sens calviniste de la formule eucharistique constitue elle-même une application de cette analyse logique du langage : les passages incorporés ensuite dans L’Art de penser sont dans le prolongement des réflexions de 1662 sur les difficultés d’adéquation entre le dire et le vouloir-dire. Je montre pour finir que la définition générale du signe à Port-Royal suppose une restructuration de la définition augustinienne du De doctrina christiana, et fonde en 1683 une identification de la relation de signification linguistique à un rapport de représentation des mots aux idées, qui vient redoubler le rapport de représentation des idées aux choses établi en 1662. (shrink)

Many philosophers and psychologists argue that out everyday ability to predict and explain the actions and mental states of others is grounded in out possession of a primitive 'folk' psychological theory. Recently however, this theory has come under challenge from the simulation alternative. This alternative view says that human beings are able to predict and explain each other's actions by using the resources of their own minds to simulate the psychological aetiology of the actions of the others. This book and (...) the companion volume Folk Psychology: The Theory of Mind Debate together offer a richly woven fabric of philosophical and psychological theory, which promises to yield real insights into the nature of our mental lives. (shrink)

Of course, although this view on meaning was the prevailing one for almost a century, many of the people who initiated the enterprise of logical semantics, including people like Frege and Wittgenstein, had an open eye for all that it did not catch. However, the logical means which Frege, Wittgenstein, Russell, and the generation that succeeded them, had at their disposal were those of classical mathematical logic and set-theory, and these indeed are not very suited for an analysis of other (...) aspects of meaning than those which the slogan covers. A real change in view then had to await the emergence of other concepts, which in due course became available mainly under the influence of developments in computer science and cognate disciplines such as artificial intelligence. And this is one of the reasons why it took almost a century before any serious and successful challenge of the view that meaning equals truthconditions from within logical semantics could emerge. (shrink)

This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...) abnormal in the sense of calling for special, independent explanation. This conception of justification bears upon a range of topics in epistemology and beyond. Ultimately, this way of looking at justification guides us to a new, unfamiliar picture of how we should respond to our evidence and manage our own fallibility. This picture is developed here. (shrink)

In this paper I propose a new solution to the problem of change: situationalism. According to this view, parts of reality fundamentally disagree about what is the case and reality as a whole is unsettled (i.e. metaphysically indeterminate). When something changes, parts of the world irreconcilably disagree about what properties it has. From this irreconcilable disagreement, indeterminacy arises. I develop this picture using situations, which are parts of possible worlds; this gives it the name situationalism. It allows a B-theory endurance (...) view on which there is genuine incompatibility when things change. There are costs to the view, which are explored, but it is a novel approach which offers a distinct explanation of what happens when things exist through change. (shrink)

. Science at the interface with society is regarded with mistrust among parts of the public. Scientific judgments on matters of practical concern are not infrequently suspected of being incompetent and biased. I discuss two proposals for remedying this deficiency. The first aims at strengthening the independence of science and suggests increasing the distance to political and economic powers. The drawback is that this runs the risk of locking science in an academic ivory tower. The second proposal favors “counter-politicization” in (...) that research is strongly focused on projects “in the public interest,” that is, on projects whose expected results will benefit all those concerned by these results. The disadvantage is that the future use of research findings cannot be delineated reliably in advance. I argue that the underlying problem is the perceived lack of relevance and reliability and that pluralism is an important step toward its solution. Pluralism serves to stimulate a more inclusive research agenda and strengthens the well-testedness of scientific approaches. However, pluralism also prevents the emergence of clear-cut practical suggestions. Accordingly, pluralism is part of the solution to the credibility crisis of science, but also part of the problem. In order for science to be suitable as a guide for practice, the leeway of scientific options needs to be narrowed – in spite of uncertainty in epistemic respect. This reduction can be achieved by appeal to criteria that do not focus on the epistemic credentials of the suggestions but on their appropriateness in practical respect. (shrink)

Divided into four parts, this treatise begins with well-known criticisms of nonreligious ethics and then develops an atheistic metaethics. In Part 2, Martin criticizes the Christian foundation of ethics, specifically the ’divine command theory’ and the idea of imitating the life of Jesus as the basis of Christian morality. Part 3 demonstrates that life can be meaningful in the absence of religious belief. Part 4 criticizes the theistic point of view in general terms as well as the specific Christian (...) doctrines of the atonement, salvation, and the resurrection. (publisher, edited). (shrink)

Article copyright 2002. We provide a battery of examples of delusions against which theoretical accounts can be tested. Then we identify neuropsychological anomalies that could produce the unusual experiences that may lead, in turn, to the delusions in our battery. However, we argue against Maher's view that delusions are false beliefs that arise as normal responses to anomalous experiences. We propose, instead, that a second factor is required to account for the transition from unusual experience to delusional belief. The second (...) factor in the etiology of delusions can be described superficially as a loss of the ability to reject a candidate for belief on the grounds of its implausibility and its inconsistency with everything else that the patient knows, but we point out some problems that confront any attempt to say more about the nature of this second factor. (shrink)

This collection of texts (originally published in German under the title Holzwege) is Heidegger's first post-war book and contains some of the major expositions of his later philosophy. Of particular note are 'The Origin of the Work of Art', perhaps the most discussed of all of Heidegger's essays, and 'Nietzsche's Word 'God is Dead',' which sums up a decade of Nietzsche research. Although translations of the essays have appeared individually in a variety of places, this is the first English translation (...) to bring them all together as Heidegger intended. The text is taken from the last edition of the work, which contains the author's final corrections together with important marginal annotations that provide considerable insight into the development of his thought. This fresh and accurate new translation will be an invaluable resource for all students of Heidegger, whether they work in philosophy, literary theory, religious studies, or intellectual history. (shrink)

This paper addresses a problem about epistemic warrant. The problem is posed by philosophical arguments for externalism about the contents of thoughts, and similarly by philosophical arguments for architecturalism about thinking, when these arguments are put together with a thesis of first person authority. In each case, first personal knowledge about our thoughts plus the kind of knowledge that is provided by a philosophical argument seem, together, to open an unacceptably ‘non-empirical’ route to knowledge of empirical facts. Furthermore, this unwelcome (...) prospect of transferring a ‘non-empirical’ warrant from premises about our own mental states and about philosophical theory to a conclusion about external environment or internal architecture seems to depend upon little more than the possibility of knowledge by inference. (The use of the scare-quoted term ‘non-empirical’ is explained a couple of paragraphs further on.). (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

This book traces the development of theories of the self and personal identity from the ancient Greeks to the present day. From Plato and Aristotle to Freud and Foucault, Raymond Martin and John Barresi explore the works of a wide range of thinkers and reveal the larger intellectual trends, controversies, and ideas that have revolutionized the way we think about ourselves. The authors open with ancient Greece, where the ideas of Plato, Aristotle, and the materialistic atomists laid the groundwork (...) for future theories. They then discuss the ideas of the church fathers and medieval and Renaissance philosophers, including St. Paul, Philo, Augustine, Aquinas, and Montaigne. In their coverage of the emergence of a new mechanistic conception of nature in the seventeenth century, Martin and Barresi note a shift away from religious and purely philosophical notions of self and personal identity to more scientific and social conceptions, a trend that has continued to the present day. They explore modern philosophy and psychology, including the origins of different traditions within each discipline, and explain both the theoretical relevance of feminism and gender and ethnic studies and also the ways that Derrida and other recent thinkers have challenged the very idea that a unified self or personal identity even exists. Martin and Barresi cover a number of issues broached by philosophers and psychologists, such as the existence of a fixed and unchanging self and whether the concept of the soul has a use outside of religious contexts. They address the question of whether notions of the soul and the self are still viable in today's world. Together, they reveal the fascinating ways in which great thinkers have grappled with these and other questions and the astounding impact their ideas have had on the development of self-understanding in the west. (shrink)

According to a view widely held by epistemic contextualists, the truth conditions of a knowledge claim depend on features of the context such as the presuppositions, interests and purposes of the conversational participants. Against this view, I defend an intentionalist account, according to which the truth conditions of a knowledge attribution are determined by the speaker’s intention. I show that an intentionalist version of contextualism has several advantages over its more widely accepted rival account.

And, as The Promise of Salvation makes clear through abundant empirical evidence, religion will not disappear as long as these promises continue to help people ...

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

Taking issue with those who see recent social transformations as an extension of modernity, the author contends that social theory must confront an epochal change from the modern era to a new era of globality, in which human beings can conceive of forces at work on a global scale, and in which they espouse values that take the globe as their reference point. The book begins by assessing the problems of writing about modernity, showing how narratives of an endlessly self-perpetuating (...) modern age were intrinsic to the "modern project," the attempt by Enlightenment philosophers to transform the everyday world in accord with science and logic under the auspices of the nation-state. Now we are beginning to realize that the nation-state and the modern project cannot renew themselves endlessly through expansion. Instead, the author contends, the age has culminated in its own dissolution, and globality has supplanted modernity as the basis for action and social organization. In theorizing the global age, he considers the worldwide environmental consequences of aggregate human activities, the reconception of human security in the age of nuclear weapons, technological advances in communication systems, the rise of a global economy, and the growing reflexivity of global consciousness, as people and groups begin to refer to the globe as the frame for their beliefs. The book concludes by examining the consequences of the Global Age thesis for politics, identifying a new popular construction of the state that the author terms "performative citizenship." In the modern age, the nation-state was the central power and citizens were beneficiaries of that power, with rights and duties. In the global age, citizens respond to the lack of central power by creating, or performing, the state themselves. The global managerial class uses the skills learned in the bureaucracy of the nation-state to bring pressure on national governments in the interests of global economic, environmental, or human-rights issues. (shrink)

This chapter gives substance to the idea of a ‘communitarian value-driven epistemology’ by developing and combining ideas from Edward Craig's and Bernard Williams' ‘epistemic genealogy’ and Barry Barnes' and Steven Shapin's ‘sociology of knowledge’. In order to make transparent how this project might slot into more familiar, or more mainstream, projects, the paper maintains throughout a critical dialogue with Jon Kvanvig's position. The chapter is structured around an attempt to defend Craig's position against Kvanvig's criticisms: by treating the institution of (...) testimony as a collective good underwritten by the intrinsic and interrelated values of accuracy and sincerity; by rendering protoknowledge attributions as ascriptions of honour; and by allowing attributions of protoknowledge to be intertwined with attributions of freedom. The view that emerges is that the core of our knowledge practices comprises institutions of testimony, and that these practices are a collective good. (shrink)

A landmark discussion between two great thinkers, vital to an understanding of twentieth-century philosophy and intellectual history.

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

Explores the moral dimensions of the current global role of the U.S. military.

"Thousands of philosophers--from the ancient Greeks to modern thinkers--have defended atheism, but none more comprehensively than Martin.

Philosophers of logic are particularly interested in understanding the aims, epistemology, and methodology of logic. This raises the question of how the philosophy of logic should go about these enquires. According to the practice-based approach, the most reliable method we have to investigate the methodology and epistemology of a research field is by considering in detail the activities of its practitioners. This holds just as true for logic as it does for the recognised empirical and abstract sciences. If we wish (...) to systematically understand the aims and epistemology of logic, we are best placed achieving this by looking at what logicians do, rather than reflecting upon the nature of logic itself. In this entry, we outline the motivations for a practice-based approach towards the philosophy of logic and highlight its advantages over more “top-down” approaches, which attempt to infer conclusions about the nature of logic and its methodology on the basis of traditional assumptions about knowledge, metaphysics, or logic itself. We end by addressing several prominent concerns raised against the practice-based approach. (shrink)

In this paper, I shall defend externalism for the contents of perceptual experience. A perceptual experience has representational properties; it presents the world as being a certain way. A visual experience, for example, might present the world to a subject as containing a surface with a certain shape, lying at a certain distance, in a certain direction; perhaps a square with sides about 30 cm, lying about one metre in front of the subject, in a direction about 20 degrees to (...) the left of straight ahead. (shrink)

Cognitive approaches contribute to our understanding of delusions by providing an explanatory framework that extends beyond the personal level to the sub personal level of information-processing systems. According to one influential cognitive approach, two factors are required to account for the content of a delusion, its initial adoption as a belief, and its persistence. This chapter reviews Bayesian developments of the two-factor framework.

Christian Georg Martin offers an argumentative reconstruction of the whole work, reading it as a critical ontology, namely as the attempt to abstract from all presuppositions and to immanently unfold conceptual determinations characterizing ...

Explores the moral dimensions of the current global role of the U.S. military.