This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the first (...) place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

Background In the Netherlands, people can receive (limited) demedicalised assistance in suicide (DAS)—an option less well known than physician-assisted dying (PAD). Aim This study explores which trajectories people take to seek DAS, through open-coding and inductive analysis of in-depth interviews with 17 people who receive(d) DAS from counsellors facilitated by foundation De Einder. Results People sought DAS as a result of current suffering or as a result of anticipating possible prospective suffering. People with current suffering were unable or assumed they (...) would be unable to obtain PAD. For people anticipating possible prospective suffering, we distinguished two trajectories. In one trajectory, people preferred PAD but were not reassured of help by the physician in due time and sought DAS as a backup plan. In the other trajectory, people expressed a preference for DAS mainly as a result of emphasising self-determination, independence, taking their own responsibility and preparing suicide carefully. In all trajectories, dissatisfaction with physician–patient communication—for instance about (a denied request for) PAD or fearing to discuss this—influenced the decision to seek DAS. Conclusions While PAD is the preferred option of people in two trajectories, obtaining PAD is uncertain and not always possible. Dissatisfaction with physician–patient communication can result in the physician not being involved in DAS, being unable to diagnose diseases and offer treatment nor offer reassurance that people seem to seek. We plea for more mutual understanding, respect and empathy for the limitations and possibilities of the position of the physician and the patient in discussing assistance in dying. (shrink)

To describe the content of practice guidelines on euthanasia and assisted suicide (EAS) and to compare differences between settings and guidelines developed before or after enactment of the euthanasia law in 2002 by means of a content analysis. Most guidelines stated that the attending physician is responsible for the decision to grant or refuse an EAS request. Due care criteria were described in the majority of guidelines, but aspects relevant for assessing these criteria were not always described. Half of the (...) guidelines described the role of the nurse in the performance of euthanasia. Compared with hospital guidelines, nursing home guidelines were more often stricter than the law in excluding patients with dementia (30% vs 4%) and incompetent patients (25% vs 4%). As from 2002, the guidelines were less strict in categorically excluding patients groups (32% vs 64%) and in particular incompetent patients (10% vs 29%). Healthcare institutions should accurately state the boundaries of the law, also when they prefer to set stricter boundaries for their own institution. Only then can guidelines provide adequate support for physicians and nurses in the difficult EAS decision-making process. (shrink)

BackgroundIn the Netherlands, Foundation De Einder offers counselling to people who wish to be able to self-determine the timing and manner of their end of life.AimThis study explores the experiences with counselling that counselees receive from counsellors facilitated by Foundation De Einder.MethodsOpen coding and inductive analysis of in-depth interviews with 17 counselees.ResultsCounselling ranged from solely receiving information about lethal medication to combining this with psychological counselling about matters of life and death, and the effects for close ones. Counselees appreciated the (...) availability of the counsellor, their careful and open attitude, feeling respected and being reminded about their own responsibility. Some counselees felt dependent on the counsellor, or questioned their competency. Most counselees collected lethal medication. This gave them peace of mind and increased their quality of life, but also led to new concerns. Few were inclined to use their self-collected medication. Counselling contributed to thinking about if, when and how counselees would like to end their life.ConclusionHaving obtained means to end their lives can offer people feelings of reassurance, which can increase their quality of life, but can also give rise to new concerns. Next to providing information on lethal medication, counsellors can play an important role by having an open non-judgemental attitude, providing trustworthy information and being available. These positively valued aspects of counselling are also relevant for physicians taking care of patients who wish to self-determine the timing and manner of their end of life. (shrink)

BackgroundLiterature shows that middle-aged and older adults sometimes experience a wish to die. Reasons for these wishes may be complex and involve multiple factors. One important question is to what extent people with a wish to die have medically classifiable conditions. Aim(1) Estimate the prevalence of a current wish to die among middle-aged and older adults in The Netherlands; (2) explore which factors within domains of vulnerability (physical, cognitive, social and psychological) are associated with a current wish to die; (3) (...) assess how many middle-aged and older adults with a current wish to die do not have a medically classifiable condition and/or an accumulation of age-related health problems.MethodsData of 2015/16 from the Longitudinal Aging Study Amsterdam were used for this cross-sectional study (1563 Dutch middle-aged and older adults aged between 57 and 99 years), obtained through structured medical interviews and self-reported questionnaires. Three experienced physicians assessed whether the participants with a current wish to die could be classified as having a medically classifiable condition and/or an accumulation of age-related health problems.ResultsN = 62 participants (4.0%) had a current wish to die. Having a current wish to die was associated with multiple characteristics across four domains of vulnerability, among which: self-perceived health, problems with memory, self-perceived quality of life and meaningfulness of life. Fifty-four participants with a current wish to die were assessed with having a medically classifiable condition, of which one was also assessed with having an accumulation of age-related health problems. Six people were assessed to have neither, and for two people it was unclear.ConclusionA small minority of middle-aged and older adults in the Netherlands have a current wish to die. Most of them can be classified with a medical condition and one person with an accumulation of age-related health problems. Furthermore, the findings show that having a current wish to die is multi-faceted. There is still a need for more knowledge, such as insight in to what extent suffering stemming from the medical classifiable disease contributes to the development of the wish to die. (shrink)

In this rich and impressive new book, Henry Somers- Hall gives a nuanced analysis of the philosophical relationship between G. W. F. Hegel and Gilles Deleuze. He convincingly shows that a serious study of Hegel provides an improved insight into Deleuze’s conception of pure difference as the transcendental condition of identity. Somers- Hall develops his argument in three steps. First, both Hegel and Deleuze formulate a critique of representation. Second, Hegel’s proposed alternative is as logically consistent as Deleuze’s. Third, Deleuze (...) can account for evolution, whereas Hegel cannot. (shrink)

This third edition of The Infinite includes a new part 'Infinity Superseded' which contains two new chapters refining Moore's ideas through a re-examination of the ideas of Spinoza, Hegel, and Nietzsche. Much of this is heavily influenced by the work of Deleuze. There is also a new technical appendix on still unresolved issues about different infinite sizes.

For Philippa Foot, the essence of morality consists in acting on the reasons on which, qua human being, one ought to act; and this ought is one of “natural normativity”—the same ought that also occurs in statements about what a plant or an animal, qua exhibiting a certain form of life, “ought” to be like in various respects, or how its organs “ought” to function. Of this conception Foot avails herself in order to refute the moral sceptic—an undertaking that raises (...) various critical questions, in particular: 1) Is it the naturally normative ought that also occurs in a practical judgement of the form “I ought to F”? If so, how are we to account for what Foot calls the “practicality” of such a judgement? If not, what kind of intelligible step could an agent take, in order to get from a theoretical statement of natural normativity to a practical judgement that ceteris paribus issues in action? 2) Can we understand the validity of every moral requirement in terms of natural normativity, i.e. of a teleological necessity of individuals’ acting well? 3) If we can, will this understanding rely on premises sufficiently certain to justify morality in a sense suggested by Foot’s anti-sceptical considerations?—I argue that “Natural Goodness” does not satisfactorily answer these questions, and conclude by sketching an account of practical moral knowledge that does not seem to provoke them. (shrink)

What do we gain from the scientific study of religion? One possibility is that religious contexts are unique, and cognition within these contexts is worth understanding. Another possibility is that religion can be viewed as a laboratory for understanding psychology and culture more broadly. Rather than limiting the study of religion to a single context, I argue that the study of religion is useful precisely because it illuminates secular psychological and cultural processes. I first outline my practical approach to psychology (...) and religion, focusing on how people use religion to advance mundane goals. I then discuss several domains in which studying religion has led to important insights, including culture, prejudice, and cognition. This article is an extended version of an Early Career Award address given at the International Association for the Psychology of Religion meeting in 2023 in Groningen, Netherlands. (shrink)

Whether firms can be said to be moral agents and to have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as persons with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. To recognize that these business persons can also act morally or immorally as organizations, however, would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal (...) law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the moral responsibility of firms. (shrink)

The World Medical Association (WMA), the global representation of the medical profession, first adopted the International Code of Medical Ethics (ICoME) in 1949 to outline the professional duties of physicians to patients, other physicians and health professionals, themselves and society as a whole. The ICoME recently underwent a major 4-year revision process, culminating in its unanimous adoption by the WMA General Assembly in October 2022 in Berlin. This article describes and discusses the ICoME, its revision process, the controversial and uncontroversial (...) issues, and the broad consensus achieved among WMA constituent members, representing over 10 million physicians worldwide. The authors analyse the ICoME, including its response to contemporary changes and challenges like ethical plurality and globalisation, in light of ethical theories and approaches, reaching the conclusion that the document is a good example of international ethical professional self-regulation. (shrink)

Attorneys regularly prepare advance healthcare directives for their clients. However, attorneys, lacking medical knowledge, are often considered ill-equipped to prepare such documents. While recognizing and respecting the fact that advance healthcare directives pertain to decisions about medical care, this article proposes that attorneys who prepare advance healthcare directives nevertheless provide a valuable service.

Journal of Social Philosophy, EarlyView.

This innovative text reinvigorates argumentation studies by exploring the experience of argument across cultures, introducing an anthropological perspective into the domains of rhetoric, communication, and philosophy. The Anthropology of Argument fills an important gap in contemporary argumentation theory by shifting the focus away from the purely propositional element of arguments and onto how they emerge from the experiences of peoples with diverse backgrounds, demonstrating how argumentation can be understood as a means of expression and a gathering place of ideas and (...) styles. Confronting the limitations of the Western tradition of logic and searching out the argumentative roles of place, orality, myth, narrative, and audience, it examines the nature of multi-modal argumentation. Tindale analyzes the impacts of colonialism on the field and addresses both optimistic and cynical assessments of contextual difference. The results have implications for our understanding of contemporary argumentative discourse in areas marked by deep disagreement, like politics, law and social policy. The book will interest scholars and upper-level students in communication, philosophy, argumentation theory, anthropology, rhetoric, linguistics, and cultural studies. (shrink)

The Reformed theological tradition has maintained that faith consists in trust, with that trust involving belief of certain doctrinal propositions. This paper has two aims. First, it contributes towards rehabilitating this conception of faith. I start, accordingly, by setting out the Reformers’ basic case: faith consists in trust because faith is a response to the promises of God, by which the Christian receives God’s forgiveness and is united with God. This argument is independent of any commitment to nondoxasticism or doxasticism (...) about faith. Second, it argues for a methodological commitment which the Reformers’ conception of faith-as-trust complies with, which I think is independently compelling, and which has significant implications for contemporary debates on faith: the kind of faith that matters is that which enables the individual to stand justified, or righteous, before God. Philosophical accounts of faith are unavoidably entangled with theological disputes about justification. (shrink)

Catholic evolutionists have proposed to reconcile evolutionary anthropogenesis with Catholic doctrine by suggesting that a created soul could be infused into a body produced by evolution from an animal body. Could such an infusion yield not just a Platonic composite but a being with the unity of substance required by a Thomistic philosophy of nature? How could such a soul be the form of the body into which it was infused? This paper suggests that animals seem to have sense-powers with (...) a level of complexity, if not sufficient to underlie the abstraction of concepts in a being that also has a rational soul, then at least nearly so. The burden of proof lies rather on those who think that evolutionary development of such powers is not possible. In its final section, the paper argues that the existence of Eve as a second, and the only additional, initial rational being does not create special problems for the view here articulated. (shrink)

One of the major contributions which Christopher Hookway has made to pragmatist epistemology is a critical exploration of the role that affective dispositions play in inquiry. According to Hookway, a well-functioning rational inquirer must rely upon a set of pre-reflective and affective dispositions which are not themselves fully available to rational evaluation. Despite their pre-reflective nature, on the pragmatist account these affective dispositions provide us with judgments and evaluations which are in many cases more reliable than those provided by explicit (...) rational reflection. -/- This chapter presents and defends Hookway’s account of the epistemic importance of our affective dispositions. The first section presents three roles which affective dispositions play within inquiry. The second section considers the concern that affective dispositions should be considered impositions upon our epistemic agency. In response, Hookway suggests that we must identify with our affective dispositions, and two interpretations of this claim are offered. The third section considers the possibility that the confidence we have in our affective dispositions might be appropriately shaken if we recognize that they are not shared by other inquirers. The chapter concludes by suggesting that Hookway’s position can overcome this worry by developing his notion of critical self-trust in three distinct ways. (shrink)

"The golden rule" (Matthew 7:12) is a formulation of natural moral law, a logical way to divide good from evil. It has been attacked by J.W. Hennessey, Jr. and Bernard Gert as a "particularist preachment." On the contrary, it remains a useful, universal guide to moral conduct and cannot be considered a self-centered, subjective guide to the moral life. We must agree with Jeffrey Wattles that there are multiple possible meanings to the "rule", some legitimate and some spurious. The legitimate (...) meanings, such as the "standard of God-like behavior," all yield the same judgment on morally doubtful actions such as forgery. The so-called "platinum" rule, "Do unto others as they would have you do unto them" has face appeal, but is fatally flawed in its logic, and does not supercede "the golden rule" because part of the treatment I wish from others is a full understanding of my true needs and wishes, even when I do not judge my own needs correctly. (shrink)

This chapter contains section titled: Intervention and Human Rights.

People high in depressive or anxious symptom severity show repetitive negative thinking, including worry and rumination. They also show various cognitive phenomena, including probability, cost, and interpretation biases. Since there is conceptual overlap between these cognitive biases and repetitive negative thinking – all involve thinking about potential threats and misfortunes – we wondered whether repetitive negative thinking could account for (mediate) these cognitive biases’ associations with depressive and anxious symptom severity. In three studies, conducted in two languages and cultures, cost (...) bias and (in two studies) interpretation bias only predicted symptom severity via worry and repetitive negative thinking; this suggests these biases are actually associated with repetitive negative thinking, rather than with symptoms. In contrast, probability bias showed direct relationships with depressive (all studies) and anxious (two studies) symptom severity, suggesting its relationships with symptoms are partly independent of repetitive negative thinking. These results show the value of studying relationships among the various cognitive features of psychopathology. Furthermore, new interventions which target cognitive biases in depression or anxiety must show that they can improve upon cognitive behavioural therapy, which is already widely available, targets both repetitive negative thinking and probability bias, and is highly effective. (shrink)

Research in communication studies has suggested that Al-Jazeera produces different versions of news stories for different audiences. Yet, examining the linguistic means used to create these versions has remained under-researched. Drawing on Fairclough’s three-dimensional model (1992) and Halliday’s Transitivity Model (1985), this study aims at exploring how Al-Jazeera Arabic (AJA) and Al-Jazeera English (AJE) discursively represented the participants involved in the 2022 Russo-Ukrainian conflict in headlines. The analysis of transitivity patterns in AJA and AJE headlines reveals both similar and different (...) representations of the conflict. Although they avoided negative labeling of the Russian government, both channels ascribed conflict escalation to it, highlighting civilians suffering and protesting. Nevertheless, while AJE emphasized the Ukrainian government vulnerability, AJA presented the conflict as a confrontation between two symmetrical forces. Similarities are attributed to organizational and social institutional forces, while differences result from different editorial policies and audience preferences. As discursive and social practices, the headlines contribute to shaping audience perceptions of the conflict, with AJA challenging the prevailing western narrative of the conflict while AJE reinforcing it. (shrink)

One of the vexed questions in the philosophy of wonder and indeed education is how to ensure that the next generation harbours a sense of wonder. Wonder is important, we think, because it encour- ages inquiry and keeps us as Albert Einstein would argue from ‘being as good as dead’ or ‘snuffed-out candles’ (Einstein 1949, 5). But how is an educator to install, bring to life, or otherwise encourage a sense of wonder in his or her stu- dents? Biologist Rachel (...) Carson suggests that exploring nature and specifically undertaking walks along the rocky coast of Maine would keep alive a person’s inborn sense of wonder (Carson 1984). Philosopher Jesse Prinz thinks that exposure to art will encourage wonderment because artworks, as he puts it, are “inventions for feeding the appetite that wonder excites in us” (Prinz 2013). Weird fiction (a subgenre of speculative fiction) – and in particular the work of one of its greatest exponents, the early-20th-century American author How- ard Phillips Lovecraft – is likewise a catalyst for wonder. The reason behind this is that Lovecraft’s ‘wonder-stories’ are densely packed with wonder per design; and in support of this claim I shall in what is to come 1) provide a brief introduction to Lovecraft and weird fiction; 2) present a working definition of wonder; and 3) clarify what is meant by something being ‘densely packed with wonder’ via bringing to the fore evidence of Lovecraft’s literary wonder- mongery. The paper ends with some reflections on the notion of ‘dark wonder’, why this peculiar label might be suitable for the kind of wonder we find in Lovecraft’s work, and why exposure to ‘dark wonder’ can be edifying, and in that sense educational. (shrink)

In this article, we describe four theoretical and methodological problems that have impeded implicit attitude research and the popular understanding of its findings. The problems all revolve around assumptions made about the relationships among measures, constructs, cognitive processes, and features of processing. These assumptions have confused our understandings of exactly what we are measuring, the processes that produce implicit evaluations, the meaning of differences in implicit evaluations across people and contexts, the meaning of changes in implicit evaluations in response to (...) intervention, and how implicit evaluations predict behavior. We describe formal modeling as one means to address these problems, and provide illustrative examples. Clarifying these issues has important implications for our understanding of who has particular implicit evaluations and why, when those evaluations are likely to be particularly problematic, how we might best try to change them, and what interventions are best suited to minimize the effects of implicit evaluations on behavior. (shrink)