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

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

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

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

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

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

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

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

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

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

Recent developments in Continental philosophy have included the emergence of a school of “speculative realism,” which rejects the human-centered orientation that has long dominated Continental thought. Proponents of speculative realism differ on several issues, but many agree on the need for an object-oriented ontology. Some speculative realists identify realism with materialism, while others accord equal reality to objects that are non-material, even fictional. Several thinkers retain a focus on difference, a well-established theme in Continental thought. This paper looks at speculative (...) realism from the perspective of systems theory. Many of the tenets of speculative realism have long been features of systems metaphysics and are expressed clearly in a systems framework. However, some views of some speculative realists differ substantially from systems theoretic ideas. (shrink)

The phenomenon of altruism extends from the biological realm to the human sociocultural realm. This article sketches a coherent outline of multiple types of altruism of progressively increasing scope that span these two realms and are grounded in an ever-expanding sense of “self.” Discussion of this framework notes difficulties associated with altruism at different levels. It links scientific ideas about the evolution of cooperation and about hierarchical order to perennial philosophical and religious concerns. It offers a conceptual background for inquiry (...) into societal challenges that call for altruistic behavior, especially the challenge of environmental and social sustainability. (shrink)

In this lively collection ten philosophers tackle the notoriously elusive issues raised by religious discourse in a series of linked debates. The debates focus on reason and faith; the logic of mysticism; the meaning of the word 'God'; language, biblical interpretation and worship; and religion and ethics. Through contemporary philosophical analysis it is possible to shed new light on teh status and language of religion, and in many ways the contributors to Religion and Philosophy break new ground in this perennially (...) controversial field. The collection is addressed to philosophers, theologians and anyone with a general intellectual interest in religion. Certainly it will be a valuable addition to the reading list of all teachers or students of the philosophy of religion. (shrink)

Martin Wrights original ground-breaking and influential analysis of the defects of the adversarial system of justice, plus the arguments in favour of a more ...

Heidegger in America explores the surprising legacy of his life and thought in the United States of America. As a critic of modern life, Heidegger often lamented the growing global influence of all things American. However, it was precisely in America where his thought inspired the work of generations of thinkers – not only philosophers but also theologians, architects, novelists, and even pundits. As a result, the reception and dissemination of Heidegger's philosophical writings transformed the intellectual and cultural history of (...) the United States at a time when American influence was itself transforming the world. A case study in the complex and sometimes contradictory process of transnational exchange, Heidegger in America recasts the scope and methods of contemporary intellectual and cultural history in the age of globalization, challenging what we think we know about Heidegger and American ideas simultaneously. (shrink)

The discussion of collective agency involves the reduction problem of the concept of a collective. Individualism and Cartesian internalism have long restricted orthodox theories and made them face the tension between an irreducible concept of a collective and ontological reductionism. Heterodox theories as functionalism and interpretationism reinterpret the concept of agency and accept it as realized on the level of a collective. In order to adequately explain social phenomena that have relations as their essence, in this paper we propose a (...) relational, holistic account of collective agency and argue that functionalism and interpretationism can be integrated into such an account. (shrink)

In recent years consciousness has become a significant area of study in the cognitive sciences. The Frontiers of Consciousness is a major interdisciplinary exploration of consciousness. The book stems from the Chichele lectures held at All Souls College in Oxford, and features contributions from a 'who's who' of authorities from both philosophy and psychology. The result is a truly interdisciplinary volume, which tackles some of the biggest and most impenetrable problems in consciousness. The book includes chapters considering the apparent explanatory (...) gap between science and consciousness, our conscious experience of emotions such as fear, and of willed actions by ourselves and others. It looks at subjective differences between two ways in which visual information guides behaviour, and scientific investigation of consciousness in non-human animals. It looks at the challenges that the mind-brain relation presents for clinical practice as well as for theories of consciousness. The book draws on leading research from philosophy, experimental psychology, functional imaging of the brain, neuropsychology, neuroscience, and clinical neurology. Distinctive in its accessibility, authority, and its depth of coverage, Frontiers of Consciousness will be a groundbreaking and influential addition to the consciousness literature. (shrink)

Heidegger hielt die unter dem Titel Geschichte des Zeitbegriffs angekundigte Vorlesung im Sommer-Semester 1925 in der Marburger Universitat. Er gelangte jedoch nicht mehr zur Ausfuhrung der zentralen Thematik. Der Themenkreis der Vorlesung ist mit der Nennung des Untertitels abgesteckt: Prolegomena zu einer Phanomenologie von Geschichte und Natur. Heideggers thematische Uberlegungen beginnen mit einer Kennzeichnung der Situation von Philosophie und Wissenschaft in der zweiten Halfte des 19. Jahrhunderts und stellen das seiner Deutung nach entscheidende Ereignis dieser Zeit heraus: den Durchbruch der (...) Phanomenologie als philosophische Forschung. Er untersucht ihre wesentlichen Entdeckungen, verteidigt sie gegen Missverstandnisse, um dann seinerseits Kritik vorzubringen, wo die Phanomenologie ihrer Forderung zu den Sachen selbst nicht gerecht wird. (shrink)

Argument and imagination are often interdependent. The Aesthetics of Argument is concerned with how this relationship may bear on argument's concern with truth, not just persuasion, and with the enhancement of understanding such interdependence may bring. The rationality of argument, conceived as the advancement of reasons for or against a claim, is not simply a matter of deductive validity. Whether arguments are relevant, have force, or look foolish cannot always be assessed in these terms. Martin Warner presents a series (...) of case studies which explore how analogy, metaphor, narrative, image, and symbol can be used in different ways to frame one domain in terms of another, and how criteria drawn from the study of imaginative literature may have a bearing on their truth-aptness. (shrink)

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

Die im Wintersemester 1929/30 an der Freiburger Universität vierstündig gehaltene Vorlesung ist in zweierlei Hinsicht erregend. Zum einen enthält sie eine breit durchgeführte Analyse der in der Freiburger Antrittsvorlesung 'Was ist Metaphysik?' nur gestreiften Langeweile, zum anderen bietet sie eine ebenso ausführliche Wesensbestimmung des Organismus und des Lebens - eine Thematik, die Heidegger in 'Sein und Zeit', § 12, nur benennt. 'Diese Vorlesung ist wohl die bedeutendste, die Heidegger gehalten hat, und schon fast ein zweites Hauptwerk.' Rüdiger Safranski.

Book description: The capacity to represent and think about time is one of the most fundamental and least understood aspects of human cognition and consciousness. This book throws new light on central issues in the study of the mind by uniting, for the first time, psychological and philosophical approaches dealing with the connection between temporal representation and memory. Fifteen specially written essays by leading psychologists and philosophers investigate the way in which time is represented in memory, and the role memory (...) plays in our ability to reason about time. They offer insights into current theories of memory processes and of the mechanisms and cognitive abilities underlying temporal judgements, and draw out fundamental issues concerning the phenomenology and epistemology of memory and our understanding of time. The chapters are arranged into four sections, each focused on one area of current research: Keeping Track of Time, and Temporal Representation; Memory, Awareness and the Past; Memory and Experience; Knowledge and the Past: The Epistemology and Metaphysics of Time. A general introduction gives an overview of the topics discussed and makes explicit central themes which unify the different philosophical and psychological approaches. (shrink)

A political challenge facing constitutional democracies in Africa is the lack of adequate representation and participation of citizens in democratic processes and institutions. This challenge is manifest in the vesting of power solely in, and the exercise of this power by, a sectional group – the majority party – to the exclusion of others; as evinced in the liberal democratic systems extensively practised on the continent. Wiredu proposes as a solution to these challenges the adoption of consensual democracy; an indigenous, (...) non-party democratic system rooted in the traditional African humanist and communitarian conceptions of the individual and the community, in which political decisions are characteristically reached by consensus. In this article, I present a critical exposition of Wiredu’s consensual democracy and defend it against liberal democracy on the one hand, and criticisms levelled against it on the other hand. I also offer some modifications to Wiredu’s theory in a bid to render it more suitable for practice in Africa. (shrink)

This paper examines the question of whether human rights are related to ontology. It examines perspectives on this question from human rights theories in the Western and African traditions of philosophy and defends the thesis that a good account of human rights requires an explicit ontology of the human, and that taking this seriously engenders divergent conclusions about what rights are. It then proceeds to claim that the African Charter on Human and Peoples’ Rights adds substantive features to the International (...) Bill of Human Rights, and that the Charter expresses Kwame Gyekye’s ontology of the human being. (shrink)

Discussion of sexuality in African cultures has a long history, but since the 1990s ethical reflections on homosexuality on the continent have often degenerated into furors and provoked a spate of anti-gay legislation in several countries. Refutations of homophobic dispositions encounter as barrier a pervasive belief in African cultures, that childbearing for community replenishment is a cherished moral duty. Several philosophers consider these to be exaggerated inhibitions that unjustifiably impede social acceptance of homosexuality, and have proposed as a solution what (...) they consider to be self-justifying political-moral principles, that terminate in value-pluralistic ideas such as the acceptance of the equality of sexual orientations and vindication of the right to the freedom to choose and satisfy sexual desire. I question the adequacy of such self-justificatory normative principles and consider the solutions they proffer as depreciating the moral point of the African pro-natalist position. Consequently, I develop a moral argument grounded in the ontology of Kwame Gyekye’s moderate communitarian theory of personhood as the most persuasive justification for homosexuality. (shrink)

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

El propósito de este escrito radica en precisar los sentidos de los existenciarios Existenz y Jemeinigkeit, presentes en la Analítica del Dasein, que Martin Heidegger desarrolla en Sein und Zeit. Estos, aun cuando no sean el inicio del citado despliegue teórico, son troncales para entender la reflexión sobre el ser del ente humano que allí se expone. Además, mostraremos cómo aparecen conceptualizadas ambas nociones en la lección del semestre de verano de 1925 tituladas Prolegomena zur Geschichte des Zeitbegriffs. Asimismo, (...) destacaremos como Heidegger interpreta a la Existenz de Sein und Zeit en Brief über den Humanismus. Cabe aclarar que la labor exegética de la obra magna de 1927 se efectuará basándonos también en estos dos últimos escritos, es decir, en Prolegomena zur Geschichte des Zeitbegriffs y en Brief über den Humanismus. (shrink)

Im ersten Hauptstück dieser Vorlesung interpretiert Heidegger die Wahrheitsfrage bei Aristoteles, insbesondere das Kapitel 10 des IX. Buches der Metaphysik. Das zweite Hauptstück entfaltet ein radikalisiertes Fragen nach der Wahrheit im Sinne der Zeitproblematik, wie sie die Daseinsanalytik ermöglicht; hier steht die Interpretation von Kants 'Kritik der reinen Vernunft' im Zentrum. Zum Verständnis der Genese von Heideggers Denken ist die Kenntnis dieser Vorlesung unentbehrlich.

This book critically explores the depths of Nkrumah’s philosophical thought in order to broaden understanding of it and measures his contributions to contemporary thought in a world in which Africa totters precariously on the peripheries of intellectual influence on human experience.