In this paper, I argue that we can get surprisingly far in vindicating common intuitions about population ethics without assuming that the well-being of those we could create gives us moral reasons for or against creating them. According to the account I sketch, rather than generating procreative reasons, facts about our potential offspring’s well-being serve as normative background conditions—they enable, disable, or modify the strength of independent reasons we might have to procreate. It is unclear whether the (...) account can capture everything many of us want to say about population ethics. But whatever the answer, the point remains that background conditions are a powerful and underappreciated tool in population ethics. (shrink)

Background conditions are thought to explain how objects can have value in virtue of certain features and how reasons can consist in certain facts. The following paper provides an account of what background conditions are and what effect they have on normative features. It defends the idea that if values depend on reasons, then there is nothing really surprising or mysterious about the presence of background conditions in normative explanations. Background (...) class='Hi'>conditions turn out to be a natural and predictable result of normative hierarchies that treat reasons as metaphysically fundamental relative to other normative features. The account is also shown to have advantages over competing accounts in that it is able to capture the functional criteria that characterize background conditions while remaining theoretically parsimonious. (shrink)

Normative reasons for action are considerations that count in favor of actions. They are the considerations that determine what an agent should do in a given situation. If the agent acts on these considerations, they justify her action. This paper concerns accounts of normative reasons that separate the explanation of why a particular reason counts in favor of an agent’s performing some action from the content of that reason. Elements of this explanation of why the reason is a (...) reason are “background conditions” on that reason, rather than part of the reason itself. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

Normative reasons are of constant importance to us as agents trying to navigate through life. For this reason it is natural and vital to ask philosophical questions about reasons and the normative realm. This thesis explores various issues concerning reasons and normativity. The thesis consists of five free-standingpapers and an extended introduction. The aim of the extended introduction is not merely to situate the papers within a wider philosophical context but also to provide an overview of some of (...) the central research questions concerning reasons and normativity. The introduction is divided into five chapters. Chapter 1 introduces and outlines the dissertation. Chapter 2 concerns the issue of what a reason is and what different types of reasons there are, such as pro tanto reasons and overall reasons. Chapter 3 discusses the frequently employed weighing metaphor, i.e. that reasons have a certain weight and can be weighed against the weight of other reasons. Chapter 4 covers how reasons relate to other normative notions such as ought, value, and obligation. For example, it discusses whether it is the case that for something to be valuable just is for there to be reasons to favor it. Chapter 5 concludes the introduction by briefly exploring how it all relates.The thesis can be said to be embedded in a recent research trend within philosophy of normativity that has a distinguished focus on reasons.The five papers deal with various issues concerning reasons and normativity. Paper I argues for a novel and theoretically parsimonious way to understand background conditions for values and reasons. Paper II explores an interpretation of the distinction between subjectivism and objectivism about reasons and value so as to accommodate that the distinction does not commit either party to certain first order claims about what reasons there are or what makes objects valuable. Paper III discusses the dictum ‘ought implies can’and how to properly interpret the ‘can’. Paper IV defends principles according to which what we ought and have reasons to do transmit from ends to the necessary means of that action. Paper V analyzes how the Fitting Attitudes analysis of value should best understand degrees of value. (shrink)

I develop a conception of voluntary exchange and its value that helps us understand the fundamental source of difficulty with voluntary exchange. We can make a great deal of progress in understanding the promise and the perils of voluntary exchange by elaborating an analogy between voluntary exchange and democracy. To be sure, this is a hazardous activity since there are many differences between these areas. But a careful effort here will illuminate the domain of voluntary exchange in both normative (...) and descriptive dimensions. I argue that there is a fundamental tension between the normative principle that applies to voluntary exchange and the basic mechanism by which voluntary exchange operates. The fundamental normative principle, I will argue, is the principle that power over the making of an agreement with another ought to be proportioned among the persons to the interests each person has at stake in the making of the agreement. The fundamental mechanism of voluntary exchange, on the other hand, is that power is inversely proportioned to the stakes someone has in making the agreement. The more interests I have at stake in making an agreement, the more say over the content of the agreement I should have, and, yet, the more my interests hang on an agreement, the less bargaining power I have and so the less say I have in the making of the agreement. Hence, the inherent tendency of voluntary exchange is to work against the realization of the fundamental normative principle that regulates voluntary exchange. Hence, we have a deep and pervasive opposition between fact and norm in the very nature of voluntary exchange. All is not entirely hopeless, however, since there is a unique point where this opposition does not appear and that is in equality in the background conditions of exchange. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

In "Moral Luck" Bernard Williams famously drew on our intuitive judgments about agent-regret – mostly, on our judgment that agent-regret is often appropriate – in his argument about the role of luck in rational and moral evaluation. I think that Williams is importantly right about the appropriateness of agent-regret, but importantly wrong about the implications of this observation. In this paper, I suggest an alternative understanding of the normative judgment Williams is putting forward, the one about the appropriateness of (...) agent-regret. I distinguish between being responsible and taking responsibility. The judgment about the appropriateness of agent-regret, I argue, is better understood as a judgment about the (forward-looking) moral duty to take responsibility than about the (backward-looking) fact of being responsible. The distinction between being responsible and taking responsibility is wider in scope, though, than the discussion of agent-regret, and in this paper I go to some lengths elaborating on this distinction and its theoretical usefulness. Thus, I distinguish different senses of taking responsibility (forward- and backward-looking; just acknowledging responsibility that is already there vs. making it the case that one is responsible); I argue against initial doubts about the very coherence of this stronger understanding of taking-responsibility; and I specify the background conditions for the possibility of taking responsibility in this strong sense. The discussion of the normative background conditions necessary for the possibility of taking responsibility in the strong sense leads to a discussion of an intuitive notion of penumbral agency. Thus, I cannot take responsibility for Jefferson's owning slaves – the relevant actions and events are just too far from my agency to allow for me to take responsibility over them. Of course, I can issue statements that sound like an attempt to take responsibility. But I cannot thereby become responsible. It is just not within my power to make it the case that I am responsible for Jefferson's slave-ownership. At the other extreme, for some things I do not need to take responsibility in order to be responsible. For my actions – or perhaps intentions, or some such – I am already responsible, independently of whether I ever take (or even acknowledge) responsibility. These things are within the core of my agency, and I am responsible for them regardless of whether I take responsibility for them. But we should acknowledge the fact that there is more to this spectrum than just the extremes. Some actions and events are not within my core agency, but nor are they too far to allow me to take responsibility for them (thereby becoming responsible for them). Possible examples include the actions of my country, the actions of my rather young children, and – now getting back to Williams's discussion – the uncontrolled consequences of my actions. In these cases of penumbral agency, I argue, we are not responsible, but we can become responsible by taking responsibility. Furthermore, we may have a moral duty to take responsibility. Thus, the distinction between being responsible and taking responsibility is theoretically useful in accounting for our intuitively problematic and ambivalent responsibility-judgments. In the case of my country's actions, for instance, we want to say both that I am not responsible for them (given my very limited power to influence them); but we also want to say that there's something wrong about my refusing to accept responsibility for my country's actions, or about my just noting that I am not responsible for those actions. Utilizing the distinction between being responsible and taking responsibility, we can say that while I am not responsible for my country's actions, I am under a moral duty to take (some) responsibility for them. In the case of agent-regret and moral luck, this distinction allows us – vis-à-vis Williams – to have our cake and eat it too. True, agent-regret is often appropriate. But this shows nothing directly about responsibility. Rather, it shows something about our moral duties to take responsibility. And that these duties are sensitive to lucky circumstances is not more mysterious or paradoxical than the circumstances-sensitivity of pretty much all of our other moral duties. In other words, thus understood, the appropriateness of agent-regret is perfectly compatible with the denial of moral luck. (shrink)

The Duhem-Quine thesis famously holds that a single hypothesis cannot be confirmed or disconfirmed in isolation, but instead only in conjunction with other background hypotheses. This article argues that this has important and underappreciated implications for metaethics. Section 1 argues that if one begins metaethics firmly wedded to a naturalistic worldview—due (e.g.) to methodological/epistemic considerations—then normativity will appear to be reducible to a set of social-psycho-semantic behaviors that I call the ‘normative stance.’ Contra Hume and Bedke (2012), I (...) argue that the normative stance provides semantically-grounded entailments from natural truths to normative truths, reducing the latter to the former. Specifically, the normative stance explains the truth-conditions, truth-values, and truth-makers of normative propositions in terms of socially grounded cognitive-behavioral rules and other natural facts, thus explaining how there can be bona fide normative facts and properties in a wholly naturalistic world. I then show that the normative stance explains the apparent stance-independence and non-naturalness of normative reasons, intrinsic value, and categoricity of moral reasons as ‘user-illusions’ generated by people having strong psycho-social propensities—rooted in evolution and social cooperation—to take these normative stances. Section 2 then argues that while the normative stance may appear to naturalists to successfully explain normativity, it will not appeal to those who come to metaethics with different background commitments. I conclude that naturalists should take the normative stance to be a promising metaethical theory of normativity, and that whether it is a true theory of normativity is something that can only be ascertained by determining which background hypotheses—naturalistic or otherwise—we should have when doing metaethics. (shrink)

Background In the last years, there has been an increase in publication of systematic reviews of normative literature or of normative information in bioethics. The aim of a systematic review is to search, select, analyse and synthesise literature in a transparent and systematic way in order to provide a comprehensive and unbiased overview of the information sought, predominantly as a basis for informed decision-making in health care. Traditionally, one part of the procedure when conducting a systematic review (...) is an appraisal of the quality of the literature that could be included. Main text However, while there are established methods and standards for appraising e.g. clinical studies or other empirical research, quality appraisal of normative literature in the context of a systematic review is still rather a conundrum – not only is it unclear how it could or should be done, but also the question whether it necessarily must be done is not settled yet. Based on a pragmatic definition of “normative literature” as well as on a typology of different types of systematic reviews of normative literature/information, this paper identifies and critically discusses three possible strategies of conducting quality appraisal. Conclusions The paper will argue that none of the three strategies is able to provide a general and satisfying solution to the problems associated with quality appraisal of normative literature/information. Still, the discussion of the three strategies allows outlining minimal conditions that elaborated strategies have to meet in future, and facilitates sketching a theoretically and practically promising strategy. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals . The transition to an alternative approach commences with a discussion of the distinction between conditions and what is (...) conditioned. It concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal , before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, ( enforced ) through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized (given a positive form or shape ). The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law , historicism and the shortcomings present in the idea of a social construction of the world . The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals. The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. (...) It concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal, before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized . The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law, historicism and the shortcomings present in the idea of a social construction of the world. The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing (...) both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distill their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness." -- Publisher's website. (shrink)

This book focuses on two important, interlinked themes in psychiatry, i.e., the relation between self (or: person), context and psychopathology; and the intrinsic value-ladenness of psychiatry as a practice. -/- Written against the background of scientistic tendencies in today’s psychiatry, it is argued in Part I that psychiatry needs a clinical conception of psychopathology alongside more traditional scientific conceptions; that this clinical conception of psychopathology must be based on a fundamental rethinking of the interaction between illness manifestations, contextual influences (...) and the patient as person, such that psychopathology is conceived as the product of this interaction rather than as the outward manifestation of a broken mechanism within the patient. -/- In Part II, it is shown that self- and context-related factors have a large impact on who one is as a professional. I argue that an analysis is needed of the normative aspects of the relations that sustain and frame professional role-fulfilment. This analysis culminates into a so-called normative practice model (NPM) which distinguishes between qualifying, conditioning and foundational principles (or: rules, norms). The normative practice model helps to locate and resist scientistic defenses of the legitimacy of psychiatry and to replace them by a positive account that provides clinicians (and scientists) the conceptual tools they need to justify what they do in broader contexts. The main thrust of the argument is to show that psychiatry needs a value-sensitive account of its legitimacy, in which other normative dimensions are recognized than those that sustain the expert role. Psychiatrists should in other words not defend the legitimacy of their profession by referring to the expert role solely but provide a broader account in which justice is done to the broader social, legal, and economic contexts of professional activity. The analysis of this inherent normativity begins within clinical practice, it extends to the concept of disease as well as to wider domains of psychiatric care and the sociology of professions, and, finally, amounts into an analysis of the value-ladenness of interactions between healthcare institutions, the government, professional organizations and patient groups. (shrink)

Their important exegetical and philosophical disagreements notwithstanding, Pauline Kleingeld and Marcus Willaschek, on the one hand, and Alyssa Bernstein, on the other, seem to agree that Kant’s Categorical Imperative transcends the contemporary dichotomy between moral realism and ethical constructivism. My contribution is an attempt to further elaborate on the third, unique, conceptual option that they have identified. I employ the notion of an “enabling condition,” introduced in epistemology and action theory by Jonathan Dancy, in order to show that the Categorical (...) Imperative enables action and is enabled by action. The Categorical Imperative (as distinct from specific categorical imperatives and moral laws) is discussed as a structural, but still normative, coherence and consistence norm of practical reasoning. As such it is two things at the same time, namely, first, the most fundamental normative background condition of practical deliberation, choice, and action. Second, however, the mutual enabler-enablee-relationship between action and Categorical Imperative points in the other – “not-so-Kantian” – direction as well: individual practical deliberation, understood as the mundane phenomenon that penetrates the lives of agents, is the (existence) condition that enables the Categorical Imperative in normatively-structured action. (shrink)

Saul Kripke’s paradoxical argument in Wittgenstein on Rules and Private Language (1982) has generated an extravagant number of responses. A major debate prompted by this book has focused on the plausibility and role of the supposed normative character of meaning; the argument itself is often taken to rely on the assumption that meaning is irreducibly normative. Following Boghossian (1989), the normativity of meaning has been understood as closely tied to the existence of semantic correctness conditions. After a (...) brief introduction to the background of the debate, this work will focus on whether the normativity of meaning may be better understood as stemming from a different type of correctness, namely linguistic correctness. Linguistic correctness differs from semantic correctness insofar as it is related to conventional, and not truth-functional, meaning. I will begin by clarifying some of the features of linguistic correctness. First, I will outline some reasons why the distinction between linguistic and semantic correctness should be maintained. Then, I will anticipate a possible criticism and argue that linguistic correctness does not belong to the domain of pragmatics, as it is relevant to our understanding of conventional meaning. Finally, I will try to show that linguistic “oughts” are constitutive of meaning. Having established these basic features of linguistic correctness, I will investigate whether the fact that it is constitutive of meaning can vindicate the idea that meaning is robustly, irreducibly normative. By applying arguments from the realm of moral philosophy – within which, too, there have been attempts to show that constitutive facts can give rise to categorical moral norms – I will argue that linguistic correctness cannot give rise to categorical semantic norms. Linguistic correctness may be, nevertheless, a useful tool for explaining some of our intuitions about meaning. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these (...) cases are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Background In modern Russia, any clinical investigation of a pharmaceutical for use in humans is subject to prior evaluation and approval by the Ministry of Health and its Central Ethics Committee. Despite this, some researchers and trial sponsors fail to comply, this is particularly true in case of the studies initiated by domestic sponsors or sponsor-investigators and published in Russian language medical journals. This exploratory research aims to discover whether it is a sporadic non-compliance with regulations or a common (...) practice. Methods We searched the Russian language database eLIBRARY for the phrase ‘results of a randomised trial’. We selected publications reporting clinical trials and conducted in Russia. For each of the selected studies, we searched the state register of the approved clinical trials. We assessed whether the investigational medicinal product was approved for marketing in Russia; the therapeutic indications, posology, and administration method in the clinical trial were consistent with the approved labelling; the issue of the journal included an advertisement of the medicinal product in question; and the full description of the methodology corroborated that the clinical trial was randomised, as was stated in the title or abstract. Results Of the 26 selected articles, 22 reported the results of unauthorised clinical trials. Three of those trials were conducted in children. Twenty-one studies reported on data from unauthorised trials for investigational products approved for marketing in Russia. However, in nine cases, the therapeutic indications, posology, or administration method did not match the conditions indicated in the labelling. Moreover, in one case, the unauthorised trial included a drug therapy intervention where the active substance was not approved for use in any medicinal product marketed in Russia. In 14 of the 26 articles, the issue of the journal or the article itself contained an advertisement for the same medicinal product or, in one case, its manufacturer. All publications accompanied by advertisements claimed that the medicinal product in question was efficacious. Conclusions A substantial fraction of the clinical trials initiated by domestic sponsors and reported in Russian medical journals failed to obtain the mandatory prior evaluation and approval from the regulator. This can affect the rights and well-being of the study participants and the scientific validity of the studies. (shrink)

This article links three rarely considered dimensions related to the implementation of artificial intelligence (AI)-based technologies in the form of predictive policing and discusses them in relation to liberal democratic societies. The three dimensions are the theoretical embedding and the workings of AI within anomic conditions (1), potential normative disorders emerging from them in the form of thinking errors and discriminatory practices (2) as well as the consequences of these disorders on the psychosocial, and emotional level (3). Against (...) this background, AI-induced anomie is conceptualized as a field of tension that refers to a systematic deterioration of democratic norms that are supposed to create ‘normative orders’, but which, when implemented through AI-supported measures, can reproduce existing discriminations, and establish new kinds of discriminatory relations. In future, these AI-based measures have the potential to lead to opposing normative disorders by emerging in the form of false social norms to an equally false Second Nature. They deprive persons involved of the possibility of individual appropriation of social norms and the specific emotional development associated with it. (shrink)

Should nonprejudiced reproducers genetically select embryos for light skin under background conditions of racism and colourism, given that darker skin will be disadvantageous for their child? Many intuit that there are strong moral reasons not to select light skin in these contexts. I argue that existing procreative principles cannot adequately account for this judgement. Instead, I argue that a more compelling rationale for this intuition is that such selection completes an instance of race or colour injustice. Given this, (...) I propose a new, complementary principle—Procreative Justice—which holds that reproducers have strong pro tanto moral reasons to avoid completing race and colour injustices via their selection choices. While these reasons may be overridden by competing considerations, they nonetheless continue to exert normative force. (shrink)

Abstract:The straightforward normative importance of emergencies suggests that empirically engaged political theorists and philosophers should study them. Indeed, many have done so. In this essay, however, I argue that scholars interested in the political and/or moral dimensions of large-scale emergencies should shift their focus from emergencies to emergency claims. Building on Michael Saward’s model of a “representative claim,” I develop an account of an emergency claim as a claim that a particular (kind of) situation is an emergency, made by (...) particular actors against particular background conditions to particular audiences, which in turn accept, ignore, or reject that claim. Emergency politics, in turn, consists of many different actors making and not making, accepting, and rejecting, a wide range of overlapping and competing emergency claims. I argue that scholars should shift their focus to emergency claims because doing so helps us see the fraught implications of emergency politics for marginalized groups. I examine three such implications: emergency claims are often “Janus-faced,” meaning that they function simultaneously as “weapons of the weak” and weapons of the strong; they are often regressive, including by discriminating against victims of chronic bad situations, and they often perpetuate and exacerbate existing social hierarchies. Noticing these troubling features of emergency politics raises a question that I do not address here: What might plausible alternatives to emergency politics look like? (shrink)

Clinical research is increasingly ‘offshored’ to developing countries, a practice that has generated considerable controversy. It has recently been argued that the prevailing ethical norms governing such research are deeply puzzling. On the one hand, sponsors are not required to offshore trials, even when participants in developing countries would benefit considerably from these trials. On the other hand, if sponsors do offshore, they are required not to exploit participants, even when the latter would benefit from and consent to exploitation. How, (...) it is asked, can it be worse to exploit the global poor than to neglect them when exploitation is voluntary and makes them better off? The present article seeks to respond to this challenge. I argue that mutually beneficial and voluntary exploitation can be worse than neglect when — as is typically true of exploitative international research — it takes advantage of unjust background conditions. This is because, in such cases, exploitation overlaps with another, less familiar wrong: complicity in injustice. Recognising complicity as a distinct wrong should make us judge exchanges arising from background injustice more harshly than we typically do, in research and elsewhere. (shrink)

_ Source: _Volume 9, Issue 3, pp 347 - 371 A central purpose of historicist contextualism, or the “new history of political thought”, the central methodological ideas of which were laid out between the 1950s and the 70s, was to liberate the history of ideas from distorting influence of political ideology, nationalism, and other presentist narratives that ascribed past events under false teleologies. From the 1980s onwards, it has been possible to find explicitly normative statements in the works of (...) the leading contextualist historians and scholars influenced by their work, for example, Skinner’s defences of neo-Roman republicanism. This article examines the normative content of contextualism. Instead of arguing that the normative aspect was a novelty introduced after the 1980s, the claim here is that contextualist theorising was socially and politically implicated and arguably normative from its very beginning. To substantiate this, the article offers an interpretation of the normativity of early contextualism based on its relationship towards broader socio-political themes such as ideology, agency, emancipation, progress, and societies’ relationship with their pasts. Early contextualist normativity assumed that the professional research of history would be a suitable and sufficient way of generating also socially desirable outcomes. Later, as the political and academic background conditions changed, this normativity was given more explicit formulations in order to keep up its political relevance. (shrink)

This chapter contains sections titled: Comparative ethics, cultural relativism and metaethical issues The international economic system and background conditions Some normative ethical issues Some approaches to international ethics issues Global issues Conclusion.

Joseph Rouse is one of the most distinctive and innovative proponents of practice theory today. This article focuses in section I on two extended elaborations with systematic intent from Rouse’s corpus over the last two decades regarding the nature of practices, highlighting in particular the concept of normativity. Toward this end, this article explains why Rouse argues that we need to bring about something like a Copernican revolution in our understanding of the intrinsic normativity of practices as an essentially interactive, (...) temporal, contestable, and open-ended process. In section II, this article then examines some commonalities and apparent divergences of Rouse’s practice theory from the existential phenomenology of the early Heidegger and Merleau-Ponty. The article draws to a close by considering two apparent divergences between Rouse’s conception of practices and existential phenomenology: (1) the degree of compatibility between the claim of existential phenomenology to reveal necessary enabling background conditions of our lived experience and Rouse’s normative conception of practices; and (2) the compatibility of “quasi-transcendental” constitution, as this is at work according to existential phenomenology, and Rouse’s argument that it is wrong to understand practices as exclusively centered on the activities of human beings. (shrink)

Some libertarians argue that informed consent alone makes transactions in the labour market morally justified. In contrast, some of their critics claim that such an act of consent is no guarantee against coercion. To know whether agreements are voluntary, we need to assess the quality of the offers or the prevailing background conditions. ISCT theorists argue that it is imperative to take social norms into account when evaluating the labour market. We present a novel framework for moral assessment (...) in the labour market, which takes consent, background conditions and norms into account, but which mainly focuses on the offers and demands made. Consent renders a transaction legitimate in the same way we regard a fair election legitimate even if we object to its outcome. For offers to be substantially justified, exploitation must be avoided and offers must give expression to the value of community. Only then they are morally justified. (shrink)

Systemic risks are risks produced through interconnected non-wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and (...) well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk-bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk-based cost-benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult-to-research systemic risks. (shrink)

According to Iris Marion Young, a structural injustice occurs when members participating in one or more scheme of social coordination act blamelessly, but the schemes, in combination with norms and background conditions, systematically prevent some from developing their capacities and fulfilling their rights. Because participants are mostly blameless, Young argues that traditional individualist theories of responsibility inadequately address structural injustices. Young instead proposes a social connection theory of responsibility, whereby participants in a structural injustice acquire forward-looking responsibilities to (...) remediate the injustice by organizing, voting, protesting and pressuring institutions. In this paper, I argue that Young’s theory of structural injustice conflates several different moral failings, and that when we correctly disambiguate structural injustices, we can successfully address them with traditional individualist theories of responsibility, both forward-looking and backward-looking. (shrink)

Drawing on resources from Heidegger, social theory, ecological psychology, and enactive cognitive science, this paper presents novel analyses of social normativity and social change. The key idea is that we humans are often stunned with the practical necessities we experience in everyday action: Often, it feels hard or even impossible for us to act differently from what “one” has to do – for instance, it just feels “wrong” to go shopping in a dressing gown. However, a philosophical analysis reveals that (...) we only experience the world in the way we experience it because we are the beings that we are: There are subjective background conditions for bringing about meaningful experiences, background conditions which only philosophical reflection can make us aware of. These background conditions, it is suggested, are shaped and transformed by social conventions and public interpretations of the world. Thus, the point of view from which we experience the world is socially shaped – a fact most humans are ignorant about when absorbed in action. Yet apprehending this fact, and realizing that the interpretation which we ordinarily presuppose is radically contingent is the first step of becoming “authentic”. Individuals gaining this insight understand that it is to an important part up to them how the world shows up. Thus, they can modify their attitude toward the world. Likewise, it is suggested, even a whole society can become socially authentic and decide which of the contingent social conventions which constitute it as a society should be retained and which modified. (shrink)

Empirical-ethical research constitutes a relatively new field which integrates socio-empirical research and normative analysis. As direct inferences from descriptive data to normative conclusions are problematic, an ethical framework is needed to determine the relevance of the empirical data for normative argument. While issues of normative-empirical collaboration and questions of empirical methodology have been widely discussed in the literature, the normative methodology of empirical-ethical research has seldom been addressed. Based on our own research experience, we discuss (...) one aspect of this normative methodology, namely the selection of an ethical theory serving as a background for empirical-ethical research. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Author Information: Paul Tubig PhD Philosophy Student, University of Washington - Seattle [email protected] Submission Title: The Place of Health in the Liberal Theory of Justice: The purpose of this paper is to articulate the relationship between health and justice. Ethical claims, such as the World Health Organization’s assertion that health is a fundamental human right or that global health inequalities are normative inequities, require a conceptual analysis of the meaning and value of health within a particular framework of justice. (...) Working from the liberal conception of justice as developed by John Rawls, I will argue that the political significance of health is derived from the Rawlsian democratic conception of persons. In developing this thesis, I will first argue against the traditional biomedical approach of defining health within the political context and instead, advocate a conception of health that comprises of a normative dimension to derive moral rights and responsibilities. I will then argue that the most reasonable conception of health as a public value is derived from Rawls’ democratic conception of persons. By understanding the public identity of citizens as persons who possess a specific set of moral powers and highest order moral interests to develop and exercise these powers, we can derive the political significance of health as a necessary background condition to serve these interests. Therefore, structural arrangements should promote public health to the extent that the two moral powers are developed and sustained. Key Words: Justice, Health, Rawls, Liberalism, Healthcare Justice, Political Bioethics. (shrink)

In this article, I analyze the circumstances of justice, that is, the background conditions that are necessary and sufficient for justice to exist between individual parties in society. Contemporary political philosophers almost unanimously accept an account of these circumstances attributed to David Hume. I argue that the conditions of this standard account are neither sufficient nor necessary conditions for justice. In particular, I contend that both a Hobbesian state of nature and a prisoner’s dilemma are cases (...) in which the conditions of the standard account obtain and yet no justice exists between parties. I propose an alternative set of generic circumstances of justice motivated by examples from game theory. Parties are in these generic circumstances with respect to each other when: (1) they are engaged in a conflictual coordination game with multiple strict Nash equilibrium points where, at any of these equilibria, some parties do not receive their greatest payoffs, and (2) they have common knowledge that each party is rational and follows her end of a strict equilibrium where no party receives her greatest payoff. These two conditions reflect the idea that justice requires all parties to make some sacrifices so that others can have more of the goods they need and want. I argue that these generic circumstances are necessary and sufficient conditions for parties to follow generic norms of justice, that is, mutually beneficial practices that require some sacrifices. Key Words: common knowledge • conflictual coordination • correlated equilibrium • moderate selfishness • moderate variable scarcity • rough equality. (shrink)

Greco argues that knowledge by transmission involves joint agency whose norms are governed by the quality of the social relations in the transmission, and these norms differ from the norms generating knowledge in the source. This approach to the transmission of knowledge allows Greco to respond to three common arguments against the rationality of religious belief on testimony: the argument against belief in miracles, the argument from luck, and the argument from peer disagreement. I agree with Greco’s position on the (...) transmission of knowledge or reasonable belief in these cases and argue that the distinction between first person and third person reasons for belief can strengthen his position. The experience upon which a belief is based can be transferred intersubjectively and strengthens the ground for the belief based on experience, including the belief in miracles. Trust is another first person reason for belief, not only a background condition for reasonable transmission, and it also can be transmitted and is an important component in the formation and preservation of traditions. This feature permits a reply to the arguments from luck and from disagreement with people outside the tradition. But this feature also shows why we find these arguments threatening since we are rationally committed to a minimal degree of trust in all other reasonable persons. (shrink)

When we discuss normative reasons, oughts, requirements of rationality, hypothetical imperatives (or “anankastic conditionals”), motivating reasons and so on, we often use verbs like “believe” and “want” to capture a relevant subject’s perspective. According to the received view about sentences involving these verbs, what they do is describe the subject’s mental states. Many puzzles concerning normative discourse have to do with the role that mental states consequently appear to play in this discourse. This book uses tools from formal (...) semantics and the philosophy of language to develop an alternative account of sentences involving these verbs. According to this view, which is called parentheticalism (in honour of J. O. Urmson), we very commonly use these verbs in a parenthetical sense. Used with this sense, these verbs themselves express backgrounded side-remarks on the contents they embed, and these latter, embedded contents constitute the at-issue contents of our utterances. This means that instead of speaking about the subject’s mental states, we often use sentences involving “believe” and “want” to speak about the world in a way that, in the conversational background, relates our utterances to her point of view. This idea is made precise, and it is used to solve various puzzles concerning normative discourse. The final result is a new, unified understanding of normative discourse, which gets by without postulating conceptual breaks between objective and subjective normative reasons, or normative reasons and rationality, or indeed between the reasons we ascribe to an agent and the reasons she herself can be expected to cite. Instead of being connected to either subjective mental states or objective facts, all of these normative statuses can be adequately articulated by citing worldly considerations from the subject’s point of view. (shrink)

Michael Sandel's critique of commodification is based on two pillars: corruption and fairness. After outlining these concepts, this paper scrutinizes Sandel's analysis of paid line-standing, focusing, in particular, on queues for congressional hearings in the United States. Sandel's corruption objection to commodifying places in queues for these hearings is unsatisfactory, and I develop an alternative account. According to that alternative, the corruption can be overcome by remedying the background conditions of inequality in society. This conclusion contradicts something that (...) Sandel repeatedly claims, namely, that his corruption and fairness critiques of commodification are independent of each other. The corruption critique of paid line-standing for congressional hearings, I argue, has little normative force beyond that of his fairness critique. (shrink)

In this paper I take up John Searle's account of ?Background capacities? to render intelligible the presupposed and hidden aspects of the background conditions that enable the performance of skilled movement. The paper begins with a review of Searle's initial account of Background capacities and how this picture can be applied to account for skilled movement in sport. Then an objection to this picture is addressed, claiming that Searle's initial picture might ?overrepresentationalise? background conditions. (...) Moreover, this objection prompts how Searle has modified his initial picture of background conditions in accordance with his more recent ?connection principle?. Searle's recent account of background conditions is then elaborated and discussed in the second half of the paper. The discussion emphasises three distinct levels of analysis in Searle's framework necessary to a full understanding of his background conditions: (i) the neurophysiological level; (ii) the descriptive higher-order practical skill level; and (iii) the logical level of integration. It is argued that Searle's logical framework is found plausible, but that more work is needed to better understand the background conditions of skilled movement in terms of neurophysiological capacities and practical skills from both scientific and philosophical perspectives. (shrink)

I shall present in this article a double negation account of the distinction between causes and background conditions. Such an account will be based on the idea that, unlike causes, background conditions allow for certain effects by way of double prevention. In Section 1 I shall introduce objective and non-objective theories of the causes-background conditions distinction and I shall discuss and reject some non-objective theories. In Section 2 I shall examine some existing objective theories (...) and argue that they need to be supplemented in two relevant respects. In Section 3 I shall present my double negation account. Background conditions will be taken to allow for their effects by acting as early double preventers, late double preventers or effect double preventers. In Section 4 I shall deal with two main problems, i.e., the possibility of interpreting background conditions as purely indirect causes and the introduction of negative entities in my account, and with further issues. (shrink)

Plagiarism is the misuse of and failure to acknowledge source materials. This paper questions common responses to the apparent increase in plagiarism by students. Internet plagiarism occurs in a context – using the Internet as an information tool – where the relevant norms are far from obvious and models of virtue are difficult to identify and perhaps impossible to find. Ethical responses to the pervasiveness of Internet-enhanced plagiarism require a reorientation of perspective on both plagiarism and the Internet as a (...) knowledge tool. Technological strategies to “catch the cheats” send a “don’t get caught” message to students and direct the limited resources of academic institutions to a battle that cannot be won. More importantly, it is not the right battleground. Rather than characterising Internet-enabled plagiarism as a problem generated and solvable by emerging technologies, we argue that there is a more urgent need to build the background conditions that enable and sustain ethical relationships and academic virtues: to nurture an intellectual community. (shrink)

Distinguishing mechanistic components from mere causally relevant background conditions remains a difficulty for mechanistic accounts of explanation. By distinguishing resources from mechanical parts, I argue that we can more effectively draw this boundary. Further, the distinction makes obvious that there are distinctive resource explanations which are not captured by a traditional part-based mechanistic account. While this suggests a straightforward extension of the mechanistic model, I argue that incorporating resources and resource explanations requires moving beyond the purely local account (...) of levels that some mechanists advocate. (shrink)

Background In current Western medical ethics, patient-centered medicine is considered the norm. However, the cultural background of collectivism in East Asia often leads to family-centered decision-making. In Japan, prior studies have reported that family-centered decision-making is more likely to be preferred in situations of disease notification and end-of-life decision-making. Nonetheless, there has been a recent shift from collectivism to individualism due to changes in the social structure. Various personal factors have also been reported to influence moral decision-making. Therefore, (...) this study examined whether the current trend in attitudes of healthcare decision-making in Japan is family-centered or patient-centered among the general public and physicians. In addition, the personal factors that influence this tendency were examined.Methods Three vignettes on disease notification and two vignettes on decision-making during end-of-life care were created, and 457 members of the public and 284 physicians were asked about their attitudes (behavioral intentions) regarding these vignettes.Results Approximately, 95% of physicians were patient-centered in explaining the patient’s severe medical condition. However, approximately 80% of physicians emphasized the wishes of the family over patient wishes when making life-sustaining decisions. Nearly half the general public emphasized the patient’s wishes in the explanation of a severe medical condition and in life-sustaining decisions. In both the public and physician groups, personal factors, particularly the presence or absence of a disease under treatment and prior caregiving experience, influenced ethical attitudes toward medical treatment decisions.Conclusions In relatively low-conflict situations, such as the announcement of a patient’s medical condition, physicians tended to be patient-centered, while they tended to be family-centered in situations of strong conflict in withholding life-sustaining treatment. The fact that personal factors influenced the family-centered response in situations of strong conflict highlights the importance of not only acquiring knowledge of medical ethics but also learning to fairly apply this knowledge in practice. (shrink)

Background: COVID-19 pandemic has led to heightened moral distress among healthcare providers. Despite evidence of gendered differences in experiences, there is limited feminist analysis of moral distress. Objectives: To identify types of moral distress among women healthcare providers during the COVID-19 pandemic; to explore how feminist political economy might be integrated into the study of moral distress. Research Design: This research draws on interviews and focus groups, the transcripts of which were analyzed using framework analysis. Research Participants and Context: (...) 88 healthcare providers, based in British Columbia Canada, participated virtually. Ethical Considerations: The study received ethical approval from Simon Fraser University. Findings: Healthcare providers experienced moral dilemmas related to ability to provide quality and compassionate care while maintaining COVID-19 protocols. Moral constraints were exacerbated by staffing shortages and lack of access to PPE. Moral conflicts emerged when women tried to engage decision-makers to improve care, and moral uncertainty resulted from lack of clear and consistent information. At home, women experienced moral constraints related to inability to support children’s education and wellbeing. Moral conflicts related to lack of flexible work environments and moral dilemmas developed between unpaid care responsibilities and COVID-19 risks. Women healthcare providers resisted moral residue and structural constraints by organizing for better working conditions, childcare, and access to PPE, engaging mental health support and drawing on professional pride. Discussion: COVID-19 has led to new and heightened experiences of moral distress among HCP in response to both paid and unpaid care work. While many of the experiences of moral distress at work were not explicitly gendered, implicit gender norms structured moral events. Women HCP had to take it upon themselves to organize, seek out resources, and resist moral residue. Conclusion: A feminist political economy lens illuminates how women healthcare providers faced and resisted a double layering of moral distress during the pandemic. (shrink)

Background: Severity plays an essential role in healthcare priority setting. Still, severity is an under-theorised concept. One controversy concerns whether severity should be risk- and/or time-sensitive. The aim of this article is to provide a normative analysis of this question. Methods: A reflective equilibrium approach is used, where judgements and arguments concerning severity in preventive situations are related to overall normative judgements and background theories in priority-setting, aiming for consistency. Analysis, discussion, and conclusions: There is an (...) argument for taking the risk of developing a condition into account, and we do this when we consider the risk of dying in the severity assessment. If severity is discounted according to risk, this will ‘dilute’ severity, depending on how well we are able to delineate the population, which is dependent on the current level of knowledge. This will potentially have a more far-reaching effect when considering primary prevention, potentially the de-prioritisation of effective preventive treatments in relation to acute, less-effective treatments. The risk arguments are dependent on which population is being assessed. If we focus on the whole population at risk, with T 0 as the relevant population, this supports the risk argument. If we instead focus on the population of as-yet (at T 0 ) unidentified individuals who will develop the condition at T 1, risk will become irrelevant, and severity will not be risk sensitive. The strongest argument for time-sensitive severity (or for discounting future severity) is the future development of technology. On a short timescale, this will differ between different diagnoses, supporting individualised discounting. On a large timescale, a more general discounting might be acceptable. However, we need to also consider the systemic effects of allowing severity to be risk- and time-sensitive. (shrink)

Background: Caregivers and administrators in long-term facilities have fragile moral work in caring for residents with dementia. Residents are susceptible to barriers and vulnerabilities associated with the most intimate aspects of their lives, including how they express themselves sexually. The conditions for sexual agency are directly affected by caregivers’ perceptions and attitudes, as well as facility policies. Objective: This article aims to clarify how to approach capacity determinations as it relates to sexual activity, propose how to theorize about (...) patient autonomy in this context, and suggest some considerations for finding an ethically responsible and practically feasible way to respect the sexual rights of this population. Research Design: The focus is on residents with early to moderate dementia in states of daily dependency on professional caregivers. The article critically examines existing empirical research on sexuality among persons with dementia, caregivers’ attitudes, and institutional roadblocks to enabling residents’ sexuality. A relational lens and insights from disability studies are used in the philosophical analysis. Participants and Research Context: No research participants were part of this analysis. Ethical Considerations: This article offers a conceptual analysis and normative framework only. Findings: The analysis highlights the delicate balance that capacity assessments for sexual activity have to strike; while caregivers should protect those who cannot give adequate consent, the denial of sexuality among residents can cause deep, long-ranging harms. Sexual agency features into an ongoing sense of self for many individuals with dementia, and the imposition of inappropriate standards and expectations for sexual autonomy can lead to unwarranted obstacles to sexual activity. Discussion: Recommendations include developing clear and inclusive institutional policies and practices of care, providing education for caregivers on how to discuss and document residents’ sexual preferences over time, and taking advantage of ethics consultation services. Conclusion: This analysis establishes the need for more research and discussion on this sensitive topic. Future research should investigate the specific responsibilities of caregivers in furthering the sexual interests of residents, how exactly to modify existing capacity instruments, and how best to support historically marginalized patients in their sexual identities. (shrink)

Background Despite the bourgeoning of digital tools for bioethics research, education, and engagement, little research has empirically investigated the impact of interactive visualizations as a way to translate ethical frameworks and guidelines. To date, most frameworks take the format of text-only documents that outline and offer ethical guidance on specific contexts. This study’s goal was to determine whether an interactive-visual format supports frameworks in transferring ethical knowledge by improving learning, deliberation, and user experience.Methods An experimental comparative study was conducted (...) with a pre-, mid-, and post-test design using the online survey platform Qualtrics. Participants were university based early-stage health researchers who were randomly assigned to either the control condition (text-only document) or the experimental condition (interactive-visual). The primary outcome variables were learning, (measured using a questionnaire), deliberation (using cases studies) and user experience (measured using the SED/UD Scale). Analysis was conducted using descriptive statistics and mixed-effects linear regression.Results Of the 80 participants, 44 (55%) used the text-only document and 36 (45%) used the interactive-visual. Results of the knowledge-test scores showed a statistically significant difference between participants’ post-test scores, indicating that the interactive-visual format better supported understanding, acquisition, and application of the framework’s knowledge. Findings from the case studies showed both formats supported ethical deliberation. Results further indicated the interactive-visual provided an overall better episodic and remembered user experience compared with the text-only document.Conclusions Our findings show that ethical frameworks formatted with interactive and visual qualities provide a more pleasing user experience and are effective formats for ethics learning and deliberation. These findings have implications for practitioners developing and deploying ethical frameworks and guidelines (e.g., in educational or employee-onboarding settings), in that the knowledge generated can lead to more effective dissemination practices of normative guidelines and health data ethics concepts. (shrink)

Background The South African legal framework requires mandatory parental/legal guardian consent for all research with children. Ethics guidelines provide some reprieve by allowing RECs to grant waivers of parental or guardianship consent in certain defined circumstances. In the first instance, consent may be provided by a proxy when parents or guardians are unavailable, for example with orphaned children. In the second instance, guidelines permit adolescent self-consent when the nature of the study justifies this approach, for example, research on sensitive (...) issues like sexual behaviour or substance use. Discussion South African guidelines set several conditions that must be met for waivers to be granted. These norms overlap with those in international guidelines. However, the ethical norms, especially related to self-consent are sometimes vague. This article critically evaluates the consent norms in the national ethics guidelines and makes recommendations for reform to ethics guidelines in a way that recognises the value of child participation in research, their evolving decision-making capacity and their best interests. Conclusion Recommendations are made to harmonise ethics guidelines and law in a way that promotes child participation in research, to ensure additional protections for adolescents when self-consent is allowed, and to withdraw procedural requirements for the community endorsement of self-consent strategies. (shrink)

Background Healthcare systems are increasingly struggling with resource constraints, given demographic changes, technological development, and citizen expectations. The aim of this article is to normatively analyze different suggestions regarding how publicly financed plastic surgery should be delineated in order to identify a well-considered, normative rationale. The scope of the article is to discuss general principles and not define specific conditions or domains of plastic surgery that should be treated within the publicly financed system. Methods This analysis uses (...) a reflective equilibrium approach, according to which considered normative judgements in one area should be logically and argumentatively coherent with considered normative judgements and background theories at large within a system. Results and conclusions In exploring functional versus non-function conditions, we argue that it is difficult to find a principled reason for an absolute priority of functional conditions over non-functional conditions. Nevertheless, functional conditions are relatively easier to establish objectively, and surgical intervention has a clear causal effect on treating a functional condition. Considering non-functional conditions that require plastic surgery [i.e., those related to appearance or symptomatic conditions ], we argue that the patient needs to experience some degree of suffering, which must be ‘validated’ in some form by the healthcare system. This validation is required for both functional and non-functional conditions. Functional conditions are validated by distinguishing between statistically normal and abnormal functioning. Similarly, for non-functional conditions, statistical normality represents a potential method for distinguishing between what should and should not be publicly funded. However, we acknowledge that such a concept requires further development. (shrink)

Background and ObjectivesBecause of high skin cancer risks for young women, it is vital that effective interventions reach and influence this demographic. Visual social media platforms, like Instagram, are popular with young women and are an appropriate intervention site; yet, they also host competing images idealizing tan skin. The present study tested the ability of digital sun-safety interventions to affect self-control-related emotions and visual attention to subsequent tan-ideal images as well as sun-safety attitudes.MethodsWomen were recruited from a large public (...) Mid-Atlantic university in the United States. Participants were randomly assigned to view an appearance benefits intervention, a self-control emotions intervention, or a control message, each designed to look like an Instagram sponsored story. After self-reporting self-compassion and anticipated pride, participants then viewed seven pairs of Instagram posts featuring either tan or pale women while an eye tracker assessed visual attention. Finally, participants self-reported their responses to questions assessing sun-safety-related norms, efficacy, and attitudes.ResultsA mixed design analysis of covariance revealed that women who first viewed the appearance benefits intervention story spent less time visually fixated on Instagram images of tan women than did those who viewed the self-control emotions intervention or control message. Regressions also revealed interactions between the intervention conditions and feelings of anticipated pride on both visual attention and sun-safety attitudes.ConclusionSponsored stories on Instagram can promote sun-safety attitudes, depending on the emotional responses they generate. Additionally, sponsored interventions can affect subsequent visual attention. (shrink)