This paper describes the introduction of a new electronic identity card including an electronic identity (EID) for local physical and online authentication in 2006. The most significant difference to any European country is the decentralized issuing at 256 police stations employing an automatic printing machine. This is the most visible element in a high degree continuation, as the previous paper based ID cards were also personalized and issued at the police stations. Similarly the attributes defining the identity and the (...) legal framework were not changed either. While there was some delay in the planning phase, the role-out of the new eID cards was rather smooth. At the end of 2009, approx. 13 Mio Spanish citizens out of more than 46.5 Mio inhabitants (www.ine.es) were in possession of an eID card. But this does not necessarily mean that they are using the eID function for online authentication. The reasons for this application gap will be discussed with reference to online tax declaration, where the eID so far covers less than one percent of all online declarations while authentication by software certificates still make up for 98 percent. (shrink)

A first comparison of the innovation processes of introducing electronic identities on a national level in Austria, Belgium, Germany and Spain, based on extensive expert interviews with key actors, has been amended by four more country reports from Denmark, Finland, Estonia and Sweden in order to check the validity of generalisations derived from the first four cases. The extended comparison with the four additional countries increases the variance between the eID systems in Europe by showing differing technical and organisational features, (...) such as purely software-based solutions, e.g. in Denmark, or complete outsourcing of the eIDMs, e.g. in Sweden. In the second part of the paper, the conceptual framework of the comparative study, a combination of path analysis, institutional actor theory and policy field analysis will be reflected. It has resulted in a fruitful approach allowing for the explanation of some, but by no means all, of the differences between the national eIDMs in Europe. (shrink)

This chapter provides an analysis of the long process of introducing an electronic identity for online authentication in Germany. This process is described as a multi-facet innovation, involving actors from different policy fields shifting over time. The eID process started in the late ‘90s in the context of eGovernment and eCommerce with the legislation on e-signatures, which were supposed to allow for online authentication of citizens. When after 5 years it was recognized that this was not the case, a new (...) digital ID card, which had meanwhile been announced, was chosen as token for the eID. This process was dominated by the concerns for visual inspection and border control, including the storage of digital fingerprints. Under the leadership of the Ministry of the Interior (BMI) and technical guidance of the Federal Agency for Information Security (BSI), technical specifications have to a large extent been adopted from the electronic passport, which had been smoothly introduced 2 years before. However, in the legislative process some concern regarding digital fingerprints on the eID card was raised and led to an opt-in solution. In 2009, a bill on the new ID card was passed which regulates the eID function for online authentication as well. This is characterized as a radical innovation by introducing a double-sided, mutual authentication of the citizen and the service provider and implementing the principle of proportionality regarding the access of service providers to data on the chip. At the time of writing, field tests are conducted. Roll-out of the new eID card is to start in November 2010. Therefore no figures about adoption can be provided here. (shrink)

This chapter describes the introduction and diffusion of the Finnish Electronic Identity Card (FINEID card). FINEID establishes an electronic identity (eID), based on the civil registry and placed on an identity chip card issued by Finnish government to Finnish citizens and permanent residents from age 18 and older. It is a non-mandatory electronic identity card introduced in 1999 in order to replace the older citizen ID card. It serves as a travel document and is intended (...) to facilitate access to eGovernment services as well as offering a possibility to sign electronically. Therefore the chip contains two certificates: one for authentication purposes, and one for qualified signatures. The eID function had to compete with the already existing PIN/TAN based TUPAS standard for online authentication for eBanking, eCommerce and eGovernment applications, and has lost this battle by reaching less than one percent of all online authentications. The history, actor constellation, time line and barriers will be described and a few communalities and differences to other countries under study in this special issue will be highlighted. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Rawls saw need for non-ideal theory also within society but never developed that project. In this chapter, Card suggests that the non-ideal part of Rawls’ Law of Peoples can be a resource for thinking about responding to evils when the subject is not state-centered. It is plausible that defense against great evils other than those of aggressive states should be governed by analogues of scruples that Rawlsian well-ordered societies observe in defending themselves against outlaw states. This essay explores those (...) hypotheses in relation to women’s self-defense and mutual defense against evils of misogyny, the term feminists apply to the most deeply hostile environments of and attitudes toward women and girls and to the cruelest wrongs to them/us, regardless whether perpetrators harbor feelings of hatred. It extrapolates and adapts to this case values, concepts, and methods from Rawls’s life’s work, especially his writing on war. (shrink)

This paper introduces the objectives and basic approach of a collaborative comparative research project on the introduction of national electronic Identity Management Systems (eIDMS) in Member States of the European Union. Altogether eight country case studies have been produced in two waves by researchers in the respective countries, which will be presented in the following articles in this special issue. The studies adopt a common conceptual framework and use the same terminology, which will be presented in this introduction, just as (...) the reasoning for the selection of the particular countries under investigation. The conceptual framework combines elements of actor centred institutionalism with path analysis, looking for path continuation, change or creation in the transition from the previous IDMS to an electronic one and explaining this as choices of actors in certain contexts. Information on the reasons for these choices in the first four cases has been collected from in depth interviews with key actors and in the four other cases from official documents. As the subject of this research is the transition of national identity management systems only countries have been included in which a national ID and a civil registry already exist before the introduction of the electronic elements, thus excluding the UK. (shrink)

Caesarean delivery is a common and life-saving intervention. However, it involves an overall increased risk for short-term and long-term complications for both mother and child compared with vaginal delivery. From a medical point of view, healthcare professionals should, therefore, not recommend caesarean sections without any anticipated medical benefit. Consequently, caesarean sections requested by women for maternal reasons can cause conflict between professional recommendations and maternal autonomy. How can we assure ethically justified decisions in the case of caesarean sections on maternal (...) request in healthcare systems that also respect patients’ autonomy and aspire for shared decisions? In the maternal–professional relationship, which can be characterised in terms of reciprocal obligations and rights, women may not be entitled to demand a C-section. Nevertheless, women have a right to respect for their deliberative capacity in the decision-making process. How should we deal with a situation of non-agreement between a woman and healthcare professional when the woman requests a caesarean section in the absence of obvious medical indications? In this paper, we illustrate how the maternal–professional relationship is embedded in a nexus of power, trust and risk that reinforces a structural inferiority for women. To accommodate for beneficial use of power, these decision processes need to be trustworthy. We propose a framework, inspired by Lukes’ three-dimensional notion of power, which serves to facilitate trust and allows for beneficial power in shared processes of decision-making about the delivery mode for women requesting planned C-sections. (shrink)

Rawls's hypothesis implies that the worst evils that target women and girls will disappear once the gravest political injustices are gone. This chapter explores those hypotheses in relation to women's self‐defense and mutual defense against evils of misogyny. It extrapolates and adapts to this case values, concepts, and methods from Rawls's life's work, especially his writing on war. Despite its exemplary Constitution, the United States, like most societies, has laws, practices, customs, and attitudes that create environments hostile to women's and (...) girls’ development and thriving. Women need principles for forming social units of defense against global and local misogyny. Meanwhile, women need principles now for defending themselves and each other as individuals. The chapter considers the adaptability of Rawls war principles to the case of women. In the 1970s and 1980s guerrilla feminists in the United States carried to another level defense of women against misogyny. (shrink)

O objetivo dessa pesquisa foi investigar a contribuição de Santo Agostinho para o desenvolvimento da Hermenêutica Jurídica, com a compreensão da influência de sobra obra no pensamento jurídico contemporâneo. Desde aspectos biográficos, foram explorados os principais conceitos do pensamento de Santo Agostinho, a partir do diálogo que esses conceitos realizam com a contemporaneidade e com a hermenêutica moderna. A pesquisa foi realizada a partir do método hipotético-dedutivo, a partir da formulação de hipóteses gerais que permitem a obtenção de respostas potencialmente (...) válidas. Quanto aos meios, a pesquisa foi bibliográfica, com o uso da doutrina delimitada ao tema, para o cumprimento dos fins qualitativos. Chegou-se à conclusão de que a obra de Santo Agostinho mantém a sua relevância na temática da hermenêutica, com a aplicação de vários de seus conceitos no campo de atuação e análise da Hermenêutica Jurídica. (shrink)

Qualitative research poses ethical issues and challenges unique to the study of human beings. In developing the interpersonal relationship that is critical to qualitative research, investigator and participant engage in a dialogic process that often evokes stories and memories that are remembered and reconstituted in ways that otherwise would not occur. Ethical issues are raised when this relationship not only provides qualitative research data, but also leads to some degree of therapeutic interaction for the participant. The purpose of this article (...) is to examine some of the controversies inherent in the researcher's dilemma when this occurs, set within the context of a nursing caring theory (Swanson), and the International Council of Nurses Code of ethics for nurses, which provides guidance on global nursing practice. (shrink)

This book explores how a sense of wonder and the musicality of silence can be a rehumanizing force in education, health and welfare, countering overly anthropocentric and instrumental worldviews. Wonder - in an aesthetic, philosophical, and spiritual sense - brings human beings in resonance with the world again.

This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.

Current mainstream approaches to conscientious objection either uphold the standards of public health care by preventing objections or protect the consciences of health‐care professionals by accommodating objections. Public justification approaches are a compromise position that accommodate conscientious objections only when objectors can publicly justify the grounds of their objections. Public justification approaches require objectors and assessors to speak a common normative language and to this end it has been suggested that objectors should be required to cast their objection in terms (...) of public reason. We provide critical support for such a public reason condition and argue that it would be neither too demanding nor too permissive. We also respond to objections that it unfairly favours secular over religious objectors and that public reasons cannot be held with the kind of sincerity thought to characterize conscientious objections. (shrink)

If women are not yet accorded the full rights of citizenship internationally and especially in the military context, a feminist position on just war may have to be provisional. Drawing on Virginia Woolf's argument referenced in the title, Eide suggests in this essay that feminist theory develop its principles from women's exclusion from national privileges and argues that jus post bellum or justice after war be central to feminist theories of just war.

What distinguishes evils from ordinary wrongs? Is hatred a necessarily evil? Are some evils unforgivable? Are there evils we should tolerate? What can make evils hard to recognize? Are evils inevitable? How can we best respond to and live with evils? Claudia Card offers a secular theory of evil that responds to these questions and more. Evils, according to her theory, have two fundamental components. One component is reasonably foreseeable intolerable harm -- harm that makes a life indecent and (...) impossible or that makes a death indecent. The other component is culpable wrongdoing. Atrocities, such as genocides, slavery, war rape, torture, and severe child abuse, are Card's paradigms because in them these key elements are writ large. Atrocities deserve more attention than secular philosophers have so far paid them. They are distinguished from ordinary wrongs not by the psychological states of evildoers but by the seriousness of the harm that is done. Evildoers need not be sadistic:they may simply be negligent or unscrupulous in pursuing their goals. Card's theory represents a compromise between classic utilitarian and stoic alternatives (including Kant's theory of radical evil). Utilitarians tend to reduce evils to their harms; Stoics tend to reduce evils to the wickedness of perpetrators: Card accepts neither reduction. She also responds to Nietzsche's challenges about the worth of the concept of evil, and she uses her theory to argue that evils are more important than merely unjust inequalities. She applies the theory in explorations of war rape and violence against intimates. She also takes up what Primo Levi called "the gray zone", where victims become complicit in perpetrating on others evils that threaten to engulf themselves. While most past accounts of evil have focused on perpetrators, Card begins instead from the position of the victims, but then considers more generally how to respond to -- and live with -- evils, as victims, as perpetrators, and as those who have become both. (shrink)

To write about the disease of breast cancer from both scientific and spiritual perspectives is to reflect upon our genetic and spiritual ancestry. We examine the issues involved in breast cancer at the intersections of spirituality, technology, and science, using the fundamental thing we know about being human: our bodies. Our goal in this essay is to offer close readings of women's spiritual and bodily journeys through the disease of breast cancer. We have discovered that both illness and health come (...) within the stories of particular people and particular disciplines. And to learn more about breast cancer, both scientific and spiritual aspects, one must be attentive to such particularities. Medicine and religion are bodily experiences, and being a body-self is what it means to be human. (shrink)

At profesjonsutøvere er ansvarlige og har ansvar knyttet til arbeidet de utfører, tar vi nærmest for gitt. Mitt sikte med denne artikkelen er å gi et innspill til nærere drøfting av hvordan det profesjonelle ansvaret kan forstås. I nyere profesjonsetiske kodekser knyttes ansvar først og fremst til konsekvenser av handlinger. Det innebærer at den profesjonelles ansvar forutsetter at det kan trekkes en linje fra en handlings konsekvens til den handlende. I komplekse organisasjoner kan imidlertid rekonstruksjon av veien fra konsekvens av (...) handling tilbake til den handlende vise seg vanskelig. Alternativt kan ansvar knyttes til spørsmål om handlingens samsvar med regler og prosedyrer. En slik tilnærming benevnes gjerne som «accountability». Disse to ulike tilnærmingene til ansvar har det til felles at det er handlingen som er i fokus – handlingens regelsamsvar eller dens konsekvenser, ikke en individuell dimensjon knyttet til den handlende som person. Den profesjonelle som selvstendig, tenkende og vurderende person blir perifer. Til videre drøfting av dette trekker jeg veksler på Hannah Arendts tenkning om ansvar. «To-i-én-dialog» og «tenkning» er sentrale elementer, og jeg vil peke på hennes bidrag som en mulig vei til en utdypet forståelse av det profesjonelle ansvarets individuelle dimensjon.Nøkkelord: profesjonelt ansvar, handlingens konsekvenser, accountability, to-i-én-dialog, tenkningEnglish summary: Individual responsibility and shallowness in professional workIt is almost taken for granted that professionals are responsible for the work they do. The scope of this article is to contribute to an evaluation of how we can understand this professional responsibility. Modern professional–ethical codes tie responsibility primarily to the consequences of acts. Thus the responsibility of a professional assumes that a connection can be drawn between the consequences of an act to the person who acted. However, in complex organizational structures, it can be difficult to find the path from consequence to actor. Another option is to look at responsibility as the product of an action's compliance with rules and procedures. Such an approach is often called «accountability». What these two different approaches to responsibility have in common is the focus on an action. It is the consequences of acts or compliance of rules that matter rather than the individual who performs the act. The idea of a professional as an autonomous, thinking and evaluating person becomes peripheral. The individual dimension of responsibility involves that the professional's responsibility goes beyond adherence to rules and procedures and what follows from tracking acts and consequences. I use Hannah Arendt's thoughts on the responsibility to facilitate further debate on this topic. A «two-in-one» dialogue and «thinking» are core elements in this, and I will point to her contribution as a possible path to a more in-depth understanding of the individual dimension of professional responsibility. (shrink)

Communicative actionist relevant in two senses: It is a constitutive aspect for the actual shaping of moral, it is indispensable for the development ofpersonal moral conviction. Dealing with this subject, the consequences for Christian ethics are as follows: Moral opinions only can work out and develop in the communicative interaction of Christian community, the participation of the members of community is a condition of personal mediation between Christian faith and moral opionion.

This article explores the way in which certain theoretical frameworks and analytical procedures combine to present stories about experience as objects of no depth, confusing this artefact with the phenomenon studied. By pointing out abusive potentials in a constructivist approach, it is argued that critical realism is needed in the field of narrative analysis. The creation of life stories as well as the project of analysing them involve interaction with a material world, and elaboration on it. We meet the Other, (...) not as disembodied spirits, but in and through our bodies, which allow us to infer realities beyond language. We need to open up the field of empirical study to include the plurality of all experienced facts. What is more, this plurality must be firmly grounded within theoretical frameworks that cultivate humility, contending that there will always be more to reality than what meets the researcher’s eye. And we need a theoretical framework that dares to use the concept of truth. Only by doing so may we accord our informants the status of making relevant truth claims. Critical realism provides a much needed theoretical framework and sensitizing concepts, allowing for life stories to bear witness to the multidimensional realities from which they emerge. (shrink)

This essay reflects on issues raised by commentators regarding my book, The Atrocity Paradigm: A Theory of Evil (Oxford 2002). They are (1) Robin Schott's observation of the tension between my discussion of forgiveness and of castration fantasies; (2) Bat-Ami Bar On's questions regarding whether evil is ethical, political, or both; (3) Adam Morton's queries regarding the relative seriousness of evils and injustices; and (4) María Pía Lara's concerns regarding what is valuable in Kant's ethics.

The opportunities to become a good person are not the same for everyone. Modern European ethical theory, especially Kantian ethics, assumes the same virtues are accessible to all who are capable of rational choice. Character development, however, is affected by circumstances, such as those of wealth and socially constructed categories of gender, race, and sexual orientation, which introduce factors beyond the control of individuals. Implications of these influences for morality have, since the work of Williams and Nagel in the seventies, (...) raised questions in philosophy about the concept of moral luck. In The Unnatural Lottery, Claudia Card examines how luck enters into moral character and considers how some of those who are oppressed can develop responsibility. Luck is often best appreciated by those who have known relatively bad luck and have been unable to escape steady comparison of their lot with those of others. The author takes as her paradigms the luck of middle and lower classes of women who face violence and exploitation, of lesbians who face continuing pressure to hide or self-destruct, of culturally Christian whites who have ethnic privilege, and of adult survivors of child abuse. How have such people been affected by luck in who they are and can become, the good lives available to them, the evils they may be liable to embody? Other philosophers have explored the luck of those who begin from privileged positions and then suffer reversals of fortune. Claudia Card focuses on the more common cases of those who begin from socially disadvantaged positions, and she considers some who find their good luck troubling when its source is the unnatural lottery of social injustice. (shrink)

Book reviewed in this article: Feminist Ethics. Ed. Claudia Card.

What distinguishes evils from ordinary wrongs? Are some evils unforgivable? How should we respond to evils? Card offers a secular theory of evil--representing a compromise between classic utilitarian and stoic approaches--that responds to these and other questions.

Gray zones, which develop wherever oppression is severe and lasting, are inhabited by victims of evil who become complicit in perpetrating on others the evils that threaten to engulf themselves. Women, who have inhabited many gray zones, present challenges for feminist theorists, who have long struggled with how resistance is possible under coercive institutions. Building on Primo Levi's reflections on the gray zone in Nazi death camps and ghettos, this essay argues that resistance is sometimes possible, although outsiders are rarely, (...) if ever, in a position to judge when. It also raises questions about the adequacy of ordinary moral concepts to mark the distinctions that would be helpful for thinking about how to respond in a gray zone. (shrink)

This book argues that a conscientiously objecting medical professional should receive an exemption only if the grounds of an objector's refusal are reasonable. It defends a detailed, contextual account of public reasonability suited for healthcare, which builds from the overarching concept of Rawlsian public reason. The author analyzes the main competing positions and maintains that these other views fail precisely due to their systematic inattention to the grounding reasons behind a conscientious objection; he argues that any such view is plausible (...) to the extent that it mimics the 'reason-giving requirement' for conscience objections defended in this work. Only reasonable objections can defeat the prior professional obligation to assign primacy to patient well-being, therefore one who refuses a patient's request for a legally available, medically indicated, and safe service must be able to explain the grounds of their objection in terms understandable to other citizens within the public institutional structure of medicine. The book further offers a novel policy proposal to deploy the Reasonability View: establishing conscientious objector status in medicine. It concludes that the Reasonability View is a viable and attractive position in this debate. A New Theory of Conscientious Objection in Medicine: Justification and Reasonability will be of interest to researchers and advanced students working in bioethics, medical ethics, and philosophy of medicine, as well as thinkers interested in the intersections between law, medical humanities, and philosophy. (shrink)

This article argues that practitioners have a professional ethical obligation to dispense emergency contraception, even given conscientious objection to this treatment. This recent controversy affects all medical professionals, including physicians as well as pharmacists. This article begins by analyzing the option of referring the patient to another willing provider. Objecting professionals may conscientiously refuse because they consider emergency contraception to be equivalent to abortion or because they believe contraception itself is immoral. This article critically evaluates these reasons and concludes that (...) they do not successfully support conscientious objection in this context. Contrary to the views of other thinkers, it is not possible to easily strike a respectful balance between the interests of objecting providers and patients in this case. As medical professionals, providers have an ethical duty to inform women of this option and provide emergency contraception when this treatment is requested. (shrink)