The article examines the legal status of living wills and health care proxies in Germany, the United States and Japan. The investigation begins with the question of what protection these three legal orders provide for the right to self-determination. Whereas in Germany and the United States, legislation and legal practice take the theory of informed consent very seriously, the doctor-patient relationship in Japan is much less oriented toward the idea of patient autonomy. This basic attitude is reflected in the legal (...) disposition given advance directives. In the USA, most of the individual states have legislation on the living will and health care proxies. In Germany, the judiciary and scholarly literature at least carefully affirm that they are legally binding. In Japan, at least currently, there is nothing at all similar to this approach. The authors then conduct a micro-legal comparison of cases of first impression decided in the USA and Germany and emphasize the amazing similarity of the judicial decisions in two cases . Finally, the question is raised for German law of whether, and in what form, further legislative development of the judicially established right to die appears reasonable. Der vorliegende Beitrag untersucht den rechtlichen Stellenwert von living wills und health care proxies in Deutschland, in den USA und in Japan. Ausgangspunkt der Untersuchung ist die Frage, welchen Schutz das Selbstbestimmungsrecht in den erwähnten Rechtsordnungen genießt. Während in Deutschland und in den USA Gesetzgebung und Rechtspraxis die Theorie vom informed consent sehr ernst nehmen, ist das Arzt-Patienten-Verhältnis in Japan weit weniger vom Gedanken der Autonomie des Patienten bestimmt. Diese Basiswertung schlägt auch im Bereich der rechtlichen Beurteilung von advance directives durch. In den USA sind living will und health care proxy in den meisten Einzelstaaten gesetzlich geregelt, in Deutschland wird ihre rechtliche Verbindlichkeit von Judikatur und Literatur zumindest vorsichtig bejaht. In Japan fehlen - zumindest derzeit - entsprechende Ansätze noch gänzlich.Die Verfasser stellen sodann einen Mikrorechtsvergleich zwischen den in den USA und in Deutschland entschiedenen cases of first impression an und betonen den erstaunlichen Gleichklang der rechtlichen Beurteilung dieser beiden Fälle .Schließlich wird für deutsches Recht die Frage gestellt, ob - und in welcher Form - eine legislative Weiterentwicklung des judiziell bereits etablierten right to die angemessen erschiene. (shrink)

This volume is a “state-of-the-art‘ assessment of comparative philosophy written by some of the leading practitioners of the field. While its primary focus is on gaining methodological clarity regarding the comparative enterprise of “interpreting across boundaries,‘ the book also contains new substantive essays on Indian, Chinese, Japanese, and European thought. The contributors are Roger T. Ames, William Theodore de Bary, Wing-tsit Chan, A. S. Cua, Eliot Deutsch, Charles Hartshorne, Daya Krishna, Gerald James Larson, Sengaku Mayeda, Hajime Nakamura, Raimundo Panikkar, (...) Karl H. Potter, Henry Rosemont, Jr., Ben-Ami Scharfstein, Ninian Smart, Fritz Staal, and Frederick J. Streng. Comparative or cross-cultural philosophy can be seen as a relative newcomer to the field of philosophy. It has its antecedents in the emergence of comparative studies in nineteenth-century European intellectual history, as well as in the sequence of East-West Philosophers’ Conferences at the University of Hawaii, which began in 1939. This book will prove to be of great significance in helping to define a field that is only now becoming fully self-conscious, methodologically and substantively, about its role and function in the larger enterprises of philosophy and comparative studies. (shrink)

Anläßlich des 100. Geburtstages von Herbert Marcuse am 19. Juli 1998 erschien der Sammelband Feindanalysenneuen deutschen Mentalitätreeducation Deutschlands, so lautet Marcuses Fazit, habe diese spezifische Mentalität in ihr Kalkül aufzunehmen. Aus dem Inhalt: Peter-Erwin Jansen: Vorwort Detlev Claussen: Kopf der Leidenschaft. Herbert Marcuses Deutschlandanalysen. Die neue deutsche Mentalität...

Constructor theory seeks to express all fundamental scientific theories in terms of a dichotomy between possible and impossible physical transformations–those that can be caused to happen and those that cannot. This is a departure from the prevailing conception of fundamental physics which is to predict what will happen from initial conditions and laws of motion. Several converging motivations for expecting constructor theory to be a fundamental branch of physics are discussed. Some principles of the theory are suggested and its potential (...) for solving various problems and achieving various unifications is explored. These include providing a theory of information underlying classical and quantum information; generalising the theory of computation to include all physical transformations; unifying formal statements of conservation laws with the stronger operational ones (such as the ruling-out of perpetual motion machines); expressing the principles of testability and of the computability of nature (currently deemed methodological and metaphysical respectively) as laws of physics; allowing exact statements of emergent laws (such as the second law of thermodynamics); and expressing certain apparently anthropocentric attributes such as knowledge in physical terms. (shrink)

This article discusses some of the most recent developments in US mental health services that follow on the heels of the for-profit hospital scandal that was brought to public attention less than a decade ago. As individuals and as a profession, nurses have a responsibility to uncover, openly discuss and condemn malfeasance when it occurs, yet there has been a collective silence about these developments. The authors explore the reasons for this and make recommendations for regaining nursing’s moral voice and (...) integrity. (shrink)

Moral leadership matters. As world politics enters a new and dangerous era, judgment, constancy, moral purpose, and a willingness to overcome partisan politicking are essential for America's leaders. Tempered Strength finds the alternative standard of leadership that Americans are seeking in the classical philosophy of prudence. Ethan Fishman's new work brings together leading American political scientists—including Ronald Beiner, Kenneth L. Deutsch, and George Anastaplo—to discuss the evolution of a standard of prudential leadership both reasonable in nature and practical in (...) scope. Section One studies the meaning of prudence and its evolution in the history of political science from Aristotelian phronesis to Xenophon, Thomas Aquinas, Edmund Burke, and Michael Oakeshott. Section Two demonstrates how the theory of prudential leadership can be applied to practical political issues. (shrink)

Instrumental Stakeholder Theory has begun to suffer from what might be termed “mission drift.” Despite its initial success in creating a foothold for ethics in managerial decision-making, the efficiency arguments which now dominate this research stream have become counterproductive to the original goal of connecting ethics and capitalism. We argue in this paper that the way forward is by re-centering contingency, conversation, and inefficiency in stakeholder theory. To start this process, there needs to be a reckoning of some unintended impacts (...) of the success of the instrumental stream of stakeholder research. For a contrasting approach, we draw on Richard Rorty’s pragmatism and its foundation of ethical “irony,” a state of continuous doubts about the utility of one’s moral vocabulary. We offer a Rortian approach to stakeholder theory, unearthing the possibility for new corporate target functions in the goals of harm reduction, solidarity, and social mobility, the foundational building blocks of an ironist ethical perspective. (shrink)

(No abstract is available for this citation).

I argue for the possibility of a creative relationship between man and nature which will inform the basic decision makings that confront us in the concrete concems of environmental ethics today. This relationship, which I call “natural reverence,” is essentially an attitudinal one which recognizes the togethemess of man and nature in freedom. Contrasting Kant’s treatment of the sublime with certain ideas to be found in Indian philosophy-namely, the idea of a radical discontinuity, thought to obtain between “reality” and “nature” (...) (māyā in Vedānta), and the idea of karman as involving modes of human making-I show the manner in which nature can become value laden and how we can work with nature in a manner analogous to that of an artist working with his/her medium in a kind of creative play. (shrink)

I argue for the possibility of a creative relationship between man and nature which will inform the basic decision makings that confront us in the concrete concems of environmental ethics today. This relationship, which I call “natural reverence,” is essentially an attitudinal one which recognizes the togethemess of man and nature in freedom. Contrasting Kant’s treatment of the sublime with certain ideas to be found in Indian philosophy-namely, the idea of a radical discontinuity, thought to obtain between “reality” and “nature” (...) (māyā in Vedānta), and the idea of karman as involving modes of human making-I show the manner in which nature can become value laden and how we can work with nature in a manner analogous to that of an artist working with his/her medium in a kind of creative play. (shrink)

This collection of essays examines interplays of knowledge and religion in early modern thought. Spanning from the sixteenth to the eighteenth century, it considers varied formations of knowledge and religion, knowledge about religion and irreligious knowledge in early modern Europe.

This book explores central issues of modern Russian religious thought by focusing on the work of Soloviev and three religious philosophers who further developed his ideas in the early twentieth century: P. A. Florensky, Sergei Bulgakov, and ...

At the philosophical foundations of our best and deepest theory of the structure of reality, namely quantum mechanics, there is an intellectual scandal that reflects badly on most of this century’s leading physicists and philosophers of physics. One way of making the nature of the scandal plain is simply to observe that this paper [1] by Lockwood is untainted by it. Lockwood gives us an up to date investigation of metaphysics, and discusses the implications of quantum theory for some of (...) the bread and butter concepts of philosophy, such as reality, the self and causality. The scandal is that there is very little other work of that description in the literature, and what little there is, is systematically disregarded by mainstream thinking in both philosophy and physics. Despite the unrivalled empirical success of quantum theory, the very suggestion that it may be literally true as a description of nature is still greeted with cynicism, incomprehension and even anger. (shrink)