Can Kant conceive of a legal order established between legal orders? By introducing the “coalition of the willing states” as “a surrogate” for a full-blown world republic, he surely claims he can.After a brief rehearsal of Kant’s argument, the paper turns to a critical examination of its most principled argument: as republican states are polities that have already left behind the state of nature, they cannot be required to do so once more. By focusing on a contemporary understanding of ‘surrogate (...) sovereignty’ as ‘shared sovereignty,’ this paper argues that shared sovereignty presupposes classical unified sovereignty; that what Kant suggests as a surrogate is not shared sovereignty; and that, therefore, either Kant’s idea does not help much, or it is in need of serious re-interpretation.The remainder of the paper only suggests the beginnings of this reinterpretation. In the case of an international legal order, we see representational processes of anticipation and retrospection at work. If one takes these temporal cross-overs into account, it is really a false start to conceive of such an order as ‘a legal order of legal orders.’ Since various domestic legal orders acknowledge the encompassing legal order as ‘the legal order common between them,’ they do not give up sovereignty when they decide to comply with the international legal order. They exercise it, but in a new mix of constituent and constitutional power. (shrink)

Can Kant conceive of a legal order established between legal orders? By introducing the “coalition of the willing states” as “a surrogate” for a full-blown world republic, he surely claims he can.After a brief rehearsal of Kant’s argument, the paper turns to a critical examination of its most principled argument: as republican states are polities that have already left behind the state of nature, they cannot be required to do so once more. By focusing on a contemporary understanding of ‘surrogate (...) sovereignty’ as ‘shared sovereignty,’ this paper argues that shared sovereignty presupposes classical unified sovereignty; that what Kant suggests as a surrogate is not shared sovereignty; and that, therefore, either Kant’s idea does not help much, or it is in need of serious re-interpretation.The remainder of the paper only suggests the beginnings of this reinterpretation. In the case of an international legal order, we see representational processes of anticipation and retrospection at work. If one takes these temporal cross-overs into account, it is really a false start to conceive of such an order as ‘a legal order of legal orders.’ Since various domestic legal orders acknowledge the encompassing legal order as ‘the legal order common between them,’ they do not give up sovereignty when they decide to comply with the international legal order. They exercise it, but in a new mix of constituent and constitutional power. (shrink)

Purpose The purpose of this paper is to develop an ethical framework for the marketing of corporate social responsibility. Methods The approach is a conceptual one based on virtue ethics and on the corporate identity literature. Furthermore, empirical research results are used to describe the opportunities and pitfalls of using marketing communication tools in the strategy of building a virtuous corporate brand. Results/conclusions An ethical framework that addresses the paradoxical relation between the consequentialist perspective many proponents of the marketing of (...) CSR adopt, and ethical perspectives which criticize an exclusive profit-oriented approach to CSR. Furthermore, three CSR strategies in relation to the marketing of CSR are discussed. For each CSR strategy it is explored how a corporation could avoid falling into the promise/performance gap. (shrink)

The Transformation of Learning gives an overview of some significant advances of the cultural-historical activity theory, also known as CHAT in the educational domain. Developments are described with respect to both the theoretical framework and research. The book's main focus is on the evolution of the learning concept and school practices under the influence of cultural-historical activity theory. Activity theory has contributed to this transformation of views on learning, both conceptually and practically. It has provided us with a useful approach (...) to the understanding of learning in cultural contexts. (shrink)

A rule of recognition for a legal order L seems utterly circular if it refers to behaviour of “officials.” For it takes a rule of recognition to identify who, for L, counts as an official and who does not. I will argue that a Kelsenian account of legal authority can solve the aporia, provided that we accept a, perhaps unorthodox, re‐interpretation of Kelsen's norm theory and his idea of the Grundnorm. I submit that we should learn to see it as (...) the vanishing point rather than the final basis of validity in a legal order. To prepare the ground for this proposal, I will briefly explore the claim to authority that is characteristic of politics. Then I sketch a multi‐layered canonical form of the legal norm, including their “empowering” character (Paulson) in terms of performative operators. I show how it leads to a “perspectival” account of the basic norm. In conclusion, I briefly point to the example of sovereignty and acquis communautair in international law to illustrate this view. (shrink)

We present a logic, \, for the discovery of deterministic causal regularities starting from empirical data. Our approach is inspired by Mackie’s theory of causes as INUS-conditions, and implements a more recent adjustment to Mackie’s theory according to which the left-hand side of causal regularities is required to be a minimal disjunction of minimal conjunctions. To derive such regularities from a given set of data, we make use of the adaptive logics framework. Our knowledge of deterministic causal regularities is, as (...) Mackie noted, most often gappy or elliptical. The adaptive logics framework is well-suited to explicate both the internal and the external dynamics of the discovery of such gappy regularities. After presenting \, we first discuss these forms of dynamics in more detail. Next, we consider some criticisms of the INUS-account and show how our approach avoids them, and we compare \ with the CNA algorithm that was recently proposed by Michael Baumgartner. (shrink)

Background:Metaphors are often used within the context of ethics and healthcare but have hardly been explored in relation to moral reasoning.Objective:To describe a central set of metaphors in one case and to explore their contribution to moral reasoning.Method:Semi-structured interviews were conducted with 16 parents of a child suffering from the neurodegenerative disease CLN3. The interviews were recorded, transcribed, and metaphors were analyzed. The researchers wrote memos and discussed about their analyses until they reached consensus.Ethical considerations:Participants gave oral and written consent (...) and their confidentiality and anonymity were respected.Findings:A central set of metaphors referred to the semantic field of the hands and arms and consisted of two central metaphors that existed in a dialectical relationship: grasping versus letting go. Participants used these metaphors to describe their child’s experiences, who had to “let go” of abilities, while “clinging” to structures and the relationship with their parent. They also used it to describe their own experiences: participants tried to “grab” the good moments with their child and had to “let go” of their child when he approached death. Participants, in addition, “held” onto caring for their child while being confronted with the necessity to “let go” of this care, leaving it to professional caregivers.Discussion:The ethical analysis of the findings shows that thinking in terms of the dialectical relationship between “grasping” and “letting go” helps professional caregivers to critically think about images of good care for children with CLN3. It also helps them to bear witness to the vulnerable, dependent, and embodied nature of the moral self of children with CLN3 and their parents.Conclusion:Metaphorical reasoning may support the inclusion of marginalized perspectives in moral reasoning. Future studies should further explore the contribution of metaphorical reasoning to moral reasoning in other cases. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

The study of argumentation is prospering. After its brilliant start in Antiquity, highlighted in the classical works of Aristotle, after an alternation of ups and downs during the following millennia, in the post-Renaissance period its gradual decline set in. Revitalization took place only after Toulmin and Perelman published in the same year their landmark works The Uses of Argument and La nouvelle rhétorique. The model of argumentation presented by Toulmin and Perelman’s inventory of argumentation techniques inspired a great many scholars (...) in various ways to take up the study of argumentation in a serious manner. Nowadays there are well-established logical approaches to argumentation, but also social and socio-psychological, linguistic, juridical and other approaches. In most of these approaches traces can be found of the influence of the classical and neo-classical argumentation theories just mentioned. (shrink)

Surveys carried out among palliative care physicians have shown that most participants do not support euthanasia and assisted suicide. Belgium, however, is one of the few countries in the world in which voluntary euthanasia is allowed by law. The potential influence of this legal dimension thus warranted a study of the attitudes of Belgian palliative care physicians toward euthanasia and assisted suicide. To this end, an anonymous self-administered questionnaire in Dutch was sent to all physicians working in Flemish palliative care. (...) 99 physicians responded .A majority of the physicians who responded are of the opinion that voluntary euthanasia can be ethically justified . Most physicians believe, nonetheless, that non-voluntary euthanasia is always unethical . More than three quarters of the respondents favour the inclusion of a ‘palliative filter’ in the law on euthanasia. Using a traditional cluster algorithm, the following three clusters were obtained: staunch advocates of euthanasia , opponents of euthanasia , and an intermediate group . There were no significant differences between the clusters on the level of gender, age, and years of experience in palliative care. A statistically significant association exists, however, between the euthanasia clusters and the religious or ideological clusters we had obtained in an earlier study. Church attending respondents are least likely to be staunch advocates of euthanasia. The majority of the physicians favour legalisation on assisted suicide. There is no significant association between the euthanasia clusters and attitudes toward assisted suicide.We conclude that although most Flemish palliative care physicians agree that there may be circumstances in which a euthanasia request is justified, they also strongly believe in the effects of good palliative care and want the ‘palliative filter’ to be included in the law on euthanasia. Religion and worldview are an important factor determining attitudes towards euthanasia. (shrink)

In the past 25 years, many philosophers have endorsed the view that the practical value of causal knowledge lies in the fact that manipulation of causes is a good way to bring about a desired change in the effect. This view is intuitively very plausible. For instance, we can predict a storm on the basis of a barometer reading, but we cannot avoid the storm by manipulating the state of the barometer (barometer status and storm are effects of a common (...) cause, viz. atmospheric conditions). In §1 we present textual evidence which shows that this view is very popular. In §2 we show that this standard view is too restrictive: the practical value of causal knowledge is wider. In §3 we introduce the distinction between ‘manipulative policy’ and ‘selective policy’ as a theoretical framework to account for this wider practical value. (shrink)

In the past 25 years, many philosophers have endorsed the view that the practical value of causal knowledge lies in the fact that manipulation of causes is a good way to bring about a desired change in the effect. This view is intuitively very plausible. For instance, we can predict a storm on the basis of a barometer reading, but we cannot avoid the storm by manipulating the state of the barometer (barometer status and storm are effects of a common (...) cause, viz. atmospheric conditions). In Section 1 we present textual evidence which shows that this view is very popular. In Section 2 we show that this standard view is too restrictive: the practical value of causal knowledge is wider. In Section 3 we introduce the distinction between ‘manipulative policy’ and ‘selective policy’ as a theoretical framework to account for this wider practical value. (shrink)

* The editorial board wishes to thank Hildegard Penn of Tilburg University for her meticulous editorial work on this issue.

Ethics training has become a common phenomenon in the training of military professionals at all levels. However, the perceived outcomes of this training remain open. In this article, we analyze the experiences of course participants who were interviewed 6–12 months after they had participated in a train-the-trainer course in military ethics developed by the Faculty of Military Sciences of the Netherlands Defence Academy. Through qualitative inductive analysis, it is shown how participants evaluate the training, how they perceive the development of (...) their moral competence, and how they see the impact of the training on their own training practice. (shrink)

Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject.Method: We analysed 70 English Sunni e-fatwas and subjected them to an in-depth text analysis in order to reveal the key concepts in (...) the Islamic ethical framework regarding organ donation and blood transfusion.Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation.Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

In addition to a code of conduct for researchers, it is desirable to implement a code of conduct for funders of research. This is because researchers often behave unethically as a result of direct and/or indirect pressure from funders. The paper provides an expansion of the first proposal for such a code of conduct and includes several elements such as “policy relevant research should not be contracted and supervised by a client with an interest in the outcomes”, and “policy relevant (...) research should always be examined by an independent institute”. (shrink)

The technological advances in medicine, including prolongation of life, have constituted several dilemmas at the end of life. In the context of the Belgian debates on end-of-life care, the views of Muslim women remain understudied. The aim of this article is fourfold. First, we seek to describe the beliefs and attitudes of middle-aged and elderly Moroccan Muslim women toward withholding and withdrawing life-sustaining treatments. Second, we aim to identify whether differences are observable among middle-aged and elderly women’s attitudes toward withholding (...) and withdrawing life-sustaining treatments. Third, we aim to explore the role of religion in their attitudes. Fourth, we seek to document how our results are related to normative Islamic literature. Qualitative empirical research was conducted with a sample of middle-aged and elderly Moroccan Muslim women living in Antwerp and with experts in the field. We found an unconditional belief in God’s sovereign power over the domain of life and death and in God’s almightiness. However, we also found a tolerant attitude, mainly among our middle-aged participants, toward withholding and withdrawing based on theological, eschatological, financial and quality of life arguments. Our study reveals that religious beliefs and worldviews have a great impact on the ethical attitudes toward end-of-life issues. We found divergent positions toward withholding and withdrawing life-sustaining treatments, reflecting the lines of reasoning found in normative Islamic literature. In our interviews, theological and eschatological notions emerged as well as financial and quality of life arguments. (shrink)

6 and 14 recently proposed taxonomies that distinguish between four processing states, based on bottom-up stimulus strength and top-down attentional amplification. The aim of the present study was to empirically test these processing states using the priming paradigm. Our results showed that attention and stimulus strength significantly modulated priming effects: either receiving top-down attention or possessing sufficient bottom-up strength was a prerequisite for a stimulus to elicit priming. When both top-down attention and sufficient bottom-up strength were present, the priming effect (...) was boosted. The origins of the observed priming effects also varied between different processing states. We can conclude that our empirical study using the priming paradigm confirmed the presence of four processing states, which displayed a differential pattern of response priming effects and differential origins of the response priming effects. (shrink)

ABSTRACT Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject. Method: We analysed 70 English Sunni e‐fatwas and subjected them to an in‐depth text analysis in order to reveal the key (...) concepts in the Islamic ethical framework regarding organ donation and blood transfusion. Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation. Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

There is considerable support for the idea that an atmosphere of safety can foster learning in groups, especially during ethics training courses. However, the question how safety dynamics works during ethics courses is still understudied. This article aims to investigate safety dynamics by examining a critical incident during a military ethics train-the trainer course during which safety was threatened. We examine this incident by means of a four-factor analysis model from the field of Theme-Centered Interaction (TCI). We show that during (...) ethics training courses a safety paradox can occur, involving a tension between honesty and openness to other perspectives and values. Finally, we discuss how trainers can foster safety during ethics training. (shrink)

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be at cross-purposes, so (...) we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

The design and implementation of clinical ethics support is attracting increasing attention. Often, the characteristics and aims of clinical ethics support are translated into practice in a top-down, programmatic manner. These characteristics and aims then remain a constant feature of the clinical ethics support functions within the organisation. We argue that the characteristics of clinical ethics support should be reflected in the implementation strategy. Inspired by dialogical, pragmatic and hermeneutic perspectives on clinical ethics support in general and moral case deliberation (...) in particular, we argue for a dialogical approach to implementing clinical ethics support, based on open, ongoing discussion with healthcare professionals about how they conceive clinical ethics support. Based on research and experience with various moral case deliberation implementation projects in mental healthcare, we present a theoretical framework for dialogical implementation and heuristic guidelines for implementing moral case deliberation in mental healthcare, which take into account the dialogical characteristics of moral case deliberation and some specific features of mental healthcare. (shrink)

Legislation in Modernity is self-legislation: legislation by a collective self. I argue that it can be formally characterised as a first-person plural intention, featuring an index ‘we’ at four different positions: the originator of the speech act expressing the intention, the subject of the intention expressed, the agent of the action intended, and the beneficiaries of the action to be performed. I carve out these four positions or ‘voices’ of the first person inlegislation, summarising them in an analytical scheme [LEX].But (...) self-legislation presupposes self-inclusion. Thus, it constitutes a boundary between the plural self and its alien. Taking my cue from Waldenfels’ explorations of responsiveness to ‘the alien,’ I ask how and why [LEX] responds to the classical appeal of justice: ‘to give everyonehis or her due.’ What does it mean to say that a self-enclosed ‘we’ is the agent of this giving? I will argue that the boundary constituted by this enclosure is possible only if it is imagined to be traversable.Throughout the argument, my main concern is with the question in what sense and to what extent a legal order requires unity. (shrink)

Starting from a Vygotskian analysis of imagination as “image formation,” this paper explores some emergent qualities of the phenomenon of imagination in the play activities of young children. In the context of the early grades of Dutch primary schools (4-7-year old children) different activities of children were studied while they were making symbolic representations of real or imaginary situations. Observations in two activity settings show that the children got engaged in two types of imagination: an ‘etc-act of imagination’ and a (...) ‘production of alternatives.’ It wIll be argued that these types of imagination are basic modes of thinking that relate to respectively abstract thinking and to creative thinking. (shrink)

The topic of recognition has come to occupy a central place in debates in social and political theory. Developed by George Herbert Mead and Charles Taylor, it has been given expression in the program for Critical Theory developed by Axel Honneth in his book The Struggle for Recognition. Honneth's research program offers an empirically insightful way of reflecting on emancipatory struggles for greater justice and a powerful theoretical tool for generating a conception of justice and the good that enables the (...) normative evaluation of such struggles. This 2007 volume offers a critical clarification and evaluation of this research program, particularly its relationship to the other major development in critical social and political theory; namely, the focus on power as formative of practical identities proposed by Michel Foucault and developed by theorists such as Judith Butler, James Tully, and Iris Marion Young. (shrink)

According to the standards of public law, municipal polls have only a local scope : the election of a common council. Do politicians make deductions concerning the formal political power-constellation on national level either from the approach of municipal elections or from their results? Can these elections lead to changes in or of the government and eventually to anticipated legislative elections?After the first world-war, the electorate was called eight times to vote for new common councillors. Half of these elections had (...) no influence on the national power-constellation :they hardly stirred the national political life. In 1958 any possible influence of the municipal elections was even a priori ruled out. A remarkable point is that all municipal elections which took place undergovernments of national union, were only of local importance.Since the first world-war not a single municipal election has led to changes within the government : there was never a redistribution of ministerial portfolios amongst the coalitionpartners, nor did any electioncause the dismissal of an individual minister.It is traditional in Belgian politics that the national opposition, when the results of municipal elections are in its favour and prejudicial to the party in office, tries to call in question the legitimacy of the government in the opinion of the public by the way of motions or interpellations in parliament, claiming dismissal of the government or anticipated legislative elections. At these occasions it appeared unimportant whether the parliamental majority were confortable or not. But never did the governments give in to these attempts.The elections of 1857, 1884 and 1932 constitute an element of power - although of subsidiary importance - in the discharge of the then governments. The governmental crisis of 1884 however can only be explained if the constitutional position of Leopold II is taken into account. With all other factors alike, such a crisis wouldn't arise any more in the context of to-day. The municipal elections of 1932 have moreover led to anticipated legislative elections whose date was an element of power in the election-process. At that time, these elections played the part of an indicator of the electorial condition, comparable to that of the by elections in Great-Britain. And an unreliable indicator too, in view of the difference between national and local electionstatures. (shrink)

This paper analyses the use of strategies and instruments for organising ethics by small and large business in the Netherlands. We find that large firms mostly prefer an integrity strategy to foster ethical behaviour in the organisation, whereas small enterprises prefer a dialogue strategy. Both large and small firms make least use of a compliance strategy that focuses on controlling and sanctioning the ethical behaviour of workers. The size of the business is found to have a positive impact on the (...) use of several instruments, like code of conduct, ISO certification, social reporting, social handbook and confidential person. Also being a subsidiary of a larger firm has a significant positive influence on the use of instruments. The most popular instrument used by small firms is to let one member of the board be answerable for ethical questions, which fits the informal culture of most small firms. With respect to sectorial differences, we find that firms in the metal manufacturing and construction sectors are more actively using formal instruments than firms in the financial service sector and retail sector. The distinction between family and non-family firms hardly affects the use of instruments. (shrink)

Starting from MacIntyre’s virtue ethics, we investigate several codes of conduct of banks to identify the type of virtues that are needed to realize their mission. Based on this analysis, we define three core virtues: honesty, due care, and accuracy. We compare and contrast these codes of conduct with the actual behavior of banks that led to the credit crisis and find that in some cases banks did not behave according to the moral standards they set themselves. However, although banks (...) and the professionals working in them can be blamed for what they did, one should also acknowledge that the institutional context of the free market economy in which they operated made it difficult to live up to the core values lying at the basis of the codes of conduct. Given the neo-liberal free market system, innovative and risky strategies to enhance profits are considered desirable for the sake of shareholder’s interests. A return to the core virtues in the financial sector will therefore only succeed if a renewed sense of responsibility in the sector is supported by institutional changes that allow banks to put their mission into practice. (shrink)

Evaluating the feasibility and first perceived outcomes of a newly developed clinical ethics support instrument called CURA. This instrument is tailored to the needs of nurses that provide palliative care and is intended to foster both moral competences and moral resilience. This study is a descriptive cross-sectional evaluation study. Respondents consisted of nurses and nurse assistants (n = 97) following a continuing education program (course participants) and colleagues of these course participants (n = 124). Two questionnaires with five-point Likert scales (...) were used. The feasibility questionnaire was given to all respondents, the perceived outcomes questionnaire only to the course participants. Data collection took place over a period of six months. Respondents were predominantly positive on most items of the feasibility questionnaire. The steps of CURA are clearly described (84% of course participants agreed or strongly agreed, 94% of colleagues) and easy to apply (78–87%). The perceived outcomes showed that CURA helped respondents to reflect on moral challenges (71% (strongly) agreed), in perspective taking (67%), with being aware of moral challenges (63%) and in dealing with moral distress (54%). Respondents did experience organizational barriers: only half of the respondents (strongly) agreed that they could easily find time for using CURA. CURA is a feasible instrument for nurses and nurse assistants providing palliative care. However, reported difficulties in organizing and making time for reflections with CURA indicate organizational preconditions ought to be met in order to implement CURA in daily practice. Furthermore, these results indicate that CURA helps to build moral competences and fosters moral resilience. (shrink)

Evaluating the feasibility and first perceived outcomes of a newly developed clinical ethics support instrument called CURA. This instrument is tailored to the needs of nurses that provide palliative care and is intended to foster both moral competences and moral resilience. This study is a descriptive cross-sectional evaluation study. Respondents consisted of nurses and nurse assistants (n = 97) following a continuing education program (course participants) and colleagues of these course participants (n = 124). Two questionnaires with five-point Likert scales (...) were used. The feasibility questionnaire was given to all respondents, the perceived outcomes questionnaire only to the course participants. Data collection took place over a period of six months. Respondents were predominantly positive on most items of the feasibility questionnaire. The steps of CURA are clearly described (84% of course participants agreed or strongly agreed, 94% of colleagues) and easy to apply (78–87%). The perceived outcomes showed that CURA helped respondents to reflect on moral challenges (71% (strongly) agreed), in perspective taking (67%), with being aware of moral challenges (63%) and in dealing with moral distress (54%). Respondents did experience organizational barriers: only half of the respondents (strongly) agreed that they could easily find time for using CURA. CURA is a feasible instrument for nurses and nurse assistants providing palliative care. However, reported difficulties in organizing and making time for reflections with CURA indicate organizational preconditions ought to be met in order to implement CURA in daily practice. Furthermore, these results indicate that CURA helps to build moral competences and fosters moral resilience. (shrink)

The main finding of a comprehensive empirical research project on the intersubjective acceptability of the pragma-dialectical discussion rules (Van Eemeren, Garssen & Meuffels, 2009) is that ordinary language users judge discussion moves that are considered fallacious from an argumentation-theoretical perspective as unreasonable. In light of this finding it is remarkable that in everyday argumentative discourse fallacies occur regularly and seem many times not to be noticed by the participants in the discourse. This also goes for the abusive argumentum ad hominem. (...) While abusive ad hominem attacks are judged to be very unreasonable discussion moves when the unreasonableness of clear cases of this fallacy is rated in experiments, in real life this fallacy remains undetected more often than not. In this paper it is argued that this paradox can be explained by analysing abusive ad hominem attacks as a mode of strategic manoeuvring which takes on a reasonable appearance in real life situations when it mimics, as it often does, legitimate critical reactions to authority argumentation. The hypothesis that abusive fallacies are seen as less unreasonable when they are presented as if they are critical questions pertaining to the argument scheme for authority argumentation than when they are clear cases was tested systematically in two experiments. The results of these experiments confirmed the hypothesis. (shrink)

In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. " Moral institutionalism" is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin their position with concerns that go (...) to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of "easy virtue". In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman's thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets. (shrink)