Dit boek is een inleiding in het denken over recht en staat met een zwaar accent op de vraag hoe de staat om moet gaan met religie. 0Paul Cliteur en Afshin Ellian zijn hoogleraar encyclopedie van de rechtswetenschap aan de universiteit van Leiden.

De redactie van Philosophia Reformata heeft een belangrijk project opgezet. Aan de schrijvers van het boek van de Open Universiteit waaraan vertegenwoordigers van verschillende levensbeschouwelijke richtingen hebben meegewerkt, is de mogelijkheid geboden met elkaar in dialoog te treden. De bijdrage van Kees Klop biedt daarvoor om verschillende redenen een uitstekende basis. Ik heb het getroffen met een commentator die de lijn van mijn verhaal voortreffelijk heeft samengevat. We behoeven dus geen tijd te verdoen met het rechtzetten van misverstanden, iets dat (...) doorgaans een belangrijk onderdeel vormt van reacties. Ik vlei mij een beetje met de gedachte dat Klops sympathieke weergave van de essentie van mijn betoog ook wellicht daarom zo goed geslaagd is, omdat wij putten uit ten dele verwant gedachtengoed. Ik ben namelijk, net als Klop, onder de indruk van het werk van Dooyeweerd. Dat gaat terug op de tijd dat ik als student-assistent verbonden was aan de afdeling Encyclopedie van de rechtswetenschap van de VU bij Prof. H.J. van Eikema Hommes. Laatstgenoemde was, zoals de lezers van Philosophia Reformata bekend is, een leerling van Dooyeweerd. (shrink)

Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to (...) contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick. (shrink)

Scientific realists have suggested that changes in our scientific communities over the course of their history have rendered those communities progressively less vulnerable to the problem of unconcieved alternatives over time. I argue in response not only that the most fundamental historical transformations of the scientific enterprise have generated steadily mounting obstacles to revolutionary, transformative, or unorthodox scientific theorizing, but also that we have substantial independent evidence that the institutional apparatus of contemporary scientific inquiry fosters an exceedingly and increasingly theoretically (...) conservative form of that inquiry. I conclude that contemporary scientific communities are actually more vulnerable to the problem of unconceived alternatives than their historical predecessors, and I briefly suggest how we might seek to pursue scientific inquiry in a less theoretically conservative way. (shrink)

Inleidend overzicht van de wijsgerige ethiek.

Together again for the first time, Marx and Durkheim join forces in the pages of Disintegration: Bad Love, Collective Suicide, and the Idols of Imperial Twilight for a dialectical exploration of the moral economy of neoliberalism, animated, as it is not only by the capitalist chase for surplus value, but also by an immortal vortex of sacred powers. Classical sociology and psychoanalysis are reconstituted within Hegelian social ontology and dialectical method that differentiates between the ephemeral and free and the eternal (...) and fixed aspects of modern life. (shrink)

Doctors’ strikes are legally permissible in the UK, with the situation differing in other countries. But are they morally permissible? Doug McConnell and Darren Mann have systematically attempted to dismiss the arguments for the moral impermissibility of doctors’ strikes and creatively attempted to provide further moral justification for them. Unfortunately for striking doctors, they fail to achieve this. Meanwhile, junior doctors’ strikes have continued in the UK through 2023 and have now extended into 2024. In this response, which focuses on (...) the UK situation and specifically junior doctors’ strikes in the National Health Service (NHS) in England, I will demonstrate a central problem with their arguments—namely that they underplay the harms caused by prolonged doctors’ strikes by ignoring the harms to patients with cancer. This weakens their conclusion that strikes are morally permissible in terms of the conditions and thresholds they set. I then provide a psychological critique of their justification for strikes in terms of the interests of the public. It follows that invoking the controversial concept of supererogatory action is ungrounded but also absurd when you consider time-critical cancer care. If those representing striking doctors wish to maintain a modicum of moral respectability, they should mitigate for patients with cancer and negotiate reasonably and with urgency. (shrink)

t. 1. Dialog s V. V. Davydovym -- t. 2. Nereshennye problemy razvivai︠u︡shchego obrazovanii︠a︡.

Background Noninvasive prenatal testing (NIPT) designed to screen for fetal genetic conditions, is increasingly being implemented as a part of routine prenatal care screening in the United States (US). However, these advances in reproductive genetic technology necessitate empirical research on the ethical and social implications of NIPT among populations underrepresented in genetic research, particularly Black women with sickle cell disease (SCD).Methods Forty (N = 40) semi-structured interviews were conducted virtually with Black women in the US (19 participants with SCD; 21 (...) participants without SCD) from June 2021 to January 2022. We employed a qualitative approach to examine the study participants’ perceptions of the potential advancement of NIPT for screening SCD in the fetus. Data were analyzed using NVivo 12 qualitative software.Results The themes revealed the complexities involving the intersectional lived experiences of SCD, prenatal care, lack of synergy among health providers, and NIPT decision-making. The results further revealed that even when Black women have shared commonalities in their lived experiences while navigating SCD and motherhood, their perceptions of NIPT screening technologies are divergent.Conclusion Expanding the ethical discourse on the social implications of NIPT is critical to fully elucidate how Black women perceive NIPT’s utility, particularly as NIPT advances to screen for SCD in the fetus. Neglecting to include Black women with genetic conditions in empirical studies on NIPT may contribute to ongoing health inequities and limit and constrain reproductive choices among Black women with and without SCD. (shrink)

Nearly everyone agrees that life has changed in our technological society, whether the contrast is with earlier stages in Western culture or with non-Western cultures. "Modernization" is just one of various terms that have been applied to the process by which we have arrived at the peculiar lifestyle typical of our age; whatever the term for the process, almost all analysts agree in finding technology to be one of its key ingredients. This is the judgment of critics of all sorts (...) - anthropologists, historians, literary figures, sociologists, theologians. Volume 4 in the Philosophy and Technology series brings the perspectives of philosophers to bear on the issue of characterizing contemporary life, mainly in high-technology societies. Some of the philosophers look at the issue directly. Others focus on work life - or on the living arrangements that surround or condition or offer refuge from work life in technological society. Still others reflect on particular technologies, especially biotechnology and computer technology, that are increasingly affecting both work and family life. There is also a paper on the nature of thinking in technologi cal praxis, along with two papers on whether it is appropriate to export this sort of thinking to Third World countries, and another paper on the issue of responsibility in technology - which would have fit better in volume 3 of the series, entitled Technology and Responsibility (1987). Finally, volume 4 closes with a broad-ranging bibliography that takes work and technology as its focus. (shrink)

The achievements of the textile industry in Roman Britain are often underestimated as a result of the meagreness of our available evidence. The Edict on maximum prices issued by Diocletian in A.D. 301 shows that British capes commanded high prices on the markets of the Empire, and that in the late third century A.D. British rugs were the best in the world. In view of the competition from the traditional centres of rug manufacture in the East, this is an astonishing (...) achievement. (shrink)

The received translation and interpretation of many of the technical terms current in the textile industry of the Roman Empire are inaccurate, because lexicographers have either fought shy of being precise, or have thought that they recognized in the ancient world technical processes which originated at a much later date. The evidence is often equivocal or insufficient, but may still yield details that have been overlooked. The textile expression scutulatus, to take an example, deserves more attention than Blümner has devoted (...) to it. When it refers to the appearance of a garment, Lewis and Short, s.v. scutulatus, translate ‘diamond or lozenge-shaped, checkered’. It seems worth while to attempt a more precise translation, and, if possible, to estimate the significance in context of the goods so designated. (shrink)

The introduction of novel diagnostic techniques in clinical domains such as genomics and radiology has led to a rich ethical debate on how to handle unsolicited findings that result from these innovations. Yet while unsolicited findings arise in both genomics and radiology, most of the relevant literature to date has tended to focus on only one of these domains. In this article, we synthesize and critically assess similarities and differences between “scanning the body” and “sequencing the genome” from an ethical (...) perspective. After briefly describing the novel diagnostic contexts leading to unsolicited findings, we synthesize and reflect on six core ethical issues that relate to both specialties: terminology; benefits and risks; autonomy; disclosure of unsolicited findings to children; uncertainty; and filters and routine screening. We identify ethical rationales that pertain to both fields and may contribute to more ethically sound policies. Considerations of preserving public trust and ensuring that people perceive healthcare policies as fair also support the need for a combined debate. (shrink)

I defend a new reading of Spinoza's account of causation that reconciles the strengths of the mechanist and formal cause interpretations by locating instances of nature's fixed and unchanging laws inside individual natures; natures are efficacious because that's where the laws are. God's necessity, for instance, follows from certain logical principles contained within God's nature. Causes between finite particulars likewise stem entirely from finite natures. They do so, I argue, because finite instances of nature's fixed and unchanging laws are inscribed (...) within those natures. In each of these instances, effects follow from natures on account of laws contained within them. (shrink)

It is fortunate for my purposes that English has the two words ‘almighty’ and ‘omnipotent’, and that apart from any stipulation by me the words have rather different associations and suggestions. ‘Almighty’ is the familiar word that comes in the creeds of the Church; ‘omnipotent’ is at home rather in formal theological discussions and controversies, e.g. about miracles and about the problem of evil. ‘Almighty’ derives by way of Latin ‘omnipotens’ from the Greek word ‘pantokratōr’; and both this Greek word, (...) like the more classical ‘pankratēs’, and ‘almighty’ itself suggest God's having power over all things. On the other hand the English word ‘omnipotent’ would ordinarily be taken to imply ability to do everything; the Latin word ‘omnipotens’ also predominantly has this meaning in Scholastic writers, even though in origin it is a Latinization of ‘pantocratōr’. So there already is a tendency to distinguish the two words; and in this paper I shall make the distinction a strict one. I shall use the word ‘almighty’ to express God's power over all things, and I shall take ‘omnipotence’ to mean ability to do everything. (shrink)

The recent piece ‘When Does Catholic Social Teaching Imply a Duty to be Vaccinated for the Common Good?’ by Stephen M.A. Bow (29 [4], 304–321) provides 12 criteria for the duty to vaccinate in acco...

This book explains, in simple but accurate terms, how orthodox quantum mechanics works. The author, a distinguished theoretical physicist, shows how this theory, realistically interpreted, assigns an important role to our conscious free choices. Stapp claims that mainstream biology and neuroscience, despite nearly a century of quantum physics, still stick essentially to failed classical precepts in which mental intentions have no effect upon our bodily actions. He shows how quantum mechanics provides a rational basis for a better understanding of this (...) connection, even allowing an explanation of certain phenomena currently held to be "paranormal". These ideas have major implications for our understanding of ourselves and our mental processes, and thus also for the meaningfulness of our lives. (shrink)

First published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.