This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and Clyde (...) Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and Clyde (...) Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related care (...) by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them. (shrink)

Freedom of conscience is a core element of human rights respected by most European countries. It allows abortion through the inclusion of a conscience clause, which permits opting out of providing such services. However, the grounds for invoking conscientious objection lack clarity. Our aim in this paper is to take a step in this direction by carrying out a systematic review of reasons by midwives and nurses for declining, on conscience grounds, to participate in abortion. We conducted a systematic review (...) of ethical arguments asking, “What reasons have been reported in the argument based literature for or against conscientious objection to abortion provision by nurses or midwives?” We particularly wanted to identify any discussion of the responsibilities of midwives and nurses in this area. Search terms were conscientious objection and abortion or termination and nurse or midwife or midwives or physicians or doctors or medics within the dates 2000–2016 on: HEIN legal, Medline, CINAHL, Psychinfo, Academic Search Complete, Web of Science including publications in English, German and Dutch. Final articles were subjected to a rigorous analysis, coding and classifying each line into reason mentions, narrow and broad reasons for or against conscientious objection. Of an initial 1085 articles, 10 were included. We identified 23 broad reasons, containing 116narrow reasons and 269 reason mentions. Eighty one narrow reasons argued in favour of and 35 against conscientious objection. Using predetermined categories of moral, practical, religious or legal reasons, “moral reasons” contained the largest number of narrow reasons. The reasons and their associated mentions in this category outnumber those in the sum of the other three categories. We identified no absolute argument either for or against conscientious objection by midwives or nurses. An invisibility of midwives and nurses exists in the whole debate concerning conscientious objection reflecting a gap between literature and practice, as it is they whom WHO recommend as providers of this service. While the arguments in the literature emphasize the need for provision of conscientious objection, a balanced debate is necessary in this field, which includes all relevant health professionals. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. (...) The book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

Volume 51, Issue 1, March 2024, Page 145-162.

The disagreement between defenders and opponents of extended cognition is often framed in terms of constitution. The underlying principle of this discussion is what I will call the co-location principle: cognition is located where its constituents are located. The crucial question is under which conditions something is to be counted as a constituent of cognition. I will formulate three criteria of adequacy that an account of constitution must satisfy to be applicable to the dispute on extended cognition. I will evaluate (...) different accounts of constitution as to whether they satisfy the criteria of adequacy. Three different accounts of constitution can be identified in the literature on extended cognition, which I will call property-based constitution, diachronic constitution, and mechanistic constitution. I will show that none of the accounts satisfies all three criteria. Thus, the search for the mark of constitution does not seem to be a promising strategy for defending extended cognition. I will briefly sketch a new strategy of how to deal with this situation. (shrink)

Volume 10, Issue 1, March 2019, Page 91-102.

RÉSUMÉ: John Kekes soutient que l’objectif libéral de maximiser l’autonomie individuelle menace de compromettre nos tentatives pour prévenir les actions mauvaises. Il doit être clair, selon lui, qu’un accroissement de l’autonomie individuelle aura pour résultat une augmentation des actes mauvais dans les démocraties libérales existantes. Je soutiens pour ma part que Kekes ne fournit aucune raison plausible pour penser que la maximisation de l’autonomie individuelle menace ainsi de compromettre nos efforts pour prévenir les actions mauvaises. Aucune des stratégies qu’il propose (...) n’entre en conflit avec la conception libérale de l’autonomie individuelle. Il ne fournit aucune base plausible pour admettre la connexion causale qu’il allègue entre l’autonomie individuelle et la fréquence ou la gravité des actions mauvaises. (shrink)

RésuméJe discute dans le présent article le concept de vertu naturelle chez Aristote et Thomas d'Aquin. J'analyse l'idée de Thomas d'Aquin de vertus qui sont naturelles à tous les être humains en m'aidant de la théorie contemporaine de la loi naturelle; et je défends son idée de vertus qui sont naturelles à certains êtres humains en discutant quelques problèmes en éthique contemporaine de la vertu et en comparant ses conceptions à celles de David Hume. Finalement, je recours au concept de (...) vertu naturelle pour examiner la question de l'unité des vertus et le problème du «courageux meurtrier nazi». Je comprends cette exploration du thème de la vertu naturelle comme une contribution à la réflexion sur la vertu en général et, plus particulièrement, au débat entre une éthique de la vertu et une éthique des principes. (shrink)

Since 2016, when the Facebook/Cambridge Analytica scandal began to emerge, public concern has grown around the threat of “online manipulation”. While these worries are familiar to privacy researchers, this paper aims to make them more salient to policymakers — first, by defining “online manipulation”, thus enabling identification of manipulative practices; and second, by drawing attention to the specific harms online manipulation threatens. We argue that online manipulation is the use of information technology to covertly influence another person’s decision-making, by targeting (...) and exploiting their decision-making vulnerabilities. Engaging in such practices can harm individuals by diminishing their economic interests, but its deeper, more insidious harm is its challenge to individual autonomy. We explore this autonomy harm, emphasising its implications for both individuals and society, and we briefly outline some strategies for combating online manipulation and strengthening autonomy in an increasingly digital world. (shrink)

The relationship between topological explanation and mechanistic explanation is unclear. Most philosophers agree that at least some topological explanations are mechanistic explanations. The crucial question is how to make sense of this claim. Zednik (Philos Psychol 32(1):23–51, 2019) argues that topological explanations are mechanistic if they (i) describe mechanism sketches that (ii) pick out organizational properties of mechanisms. While we agree with Zednik’s conclusion, we critically discuss Zednik’s account and show that it fails as a general account of how and (...) when topological explanations are mechanistic. First, if topological explanations were just mechanism sketches, this implies that they could be enriched by replacing topological terms with mechanistic detail. This, however, conflicts how topological explanations are used in scientific practice. Second, Zednik’s account fails to show how topological properties can be organizational properties of mechanisms that have a place in mechanistic explanation. The core issue is that Zednik’s account ignores that topological properties often are _global_ properties while mechanistic explanantia refer to _local_ properties. We demonstrate how these problems can be solved by a recent account of mechanistic completeness (Craver and Kaplan in Br J Philos Sci 71(1):287–319, 2020; Kohár and Krickel in Calzavarini and Viola (eds) Neural mechanisms—new challenges in the philosophy of neuroscience, Springer, New York, 2021) and use a multilayer network model of Alzheimer’s Disease to illustrate this. (shrink)

ABSTRACTSome political ads used in the 2016 U.S. election evoked feelings colloquially known as being moved to tears. We conceptualise this phenomenon as a positive social emotion that appraises and motivates communal relations, is accompanied by physical sensations, and often labelled metaphorically. We surveyed U.S. voters in the fortnight before the 2016 U.S. election. Selected ads evoked the emotion completely and reliably, but in a partisan fashion: Clinton voters were moved to tears by three selected Clinton ads, and Trump voters (...) were moved to tears by two Trump ads. Viewers were much less moved by ads of the candidate they did not support. Being moved to tears predicted intention to vote for the candidate depicted. We conclude that some contemporary political advertising is able to move its audience to tears, and thereby motivates support. (shrink)

This Article is made up of two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including professionals, and ideology in understanding different national responses to overindebtedness in North America and Europe. The second part examines current reforms to consumer bankruptcy and responses to overindebtedness in the UK through this political economy lens and (...) concludes that competition among professional groups, the role and interests of the Insolvency Service, and the ideology of the Third Way in consumer policy will influence the ultimate structure adopted for addressing consumer insolvency. A study of the English experience suggests that there is also an element of national path dependency to consumer insolvency reform that may resist pressures towards convergence of approaches between countries in addressing issues of consumer insolvency. (shrink)

Concussions are a significant public health problem worldwide. This brain injury is problematic in the paediatric population for a variety of reasons; however, the enquiry into these problems has been mainly through the biomedical perspective. This approach has impacted nursing knowledge and practice of children and youth with a concussion, primarily since other perspectives are viewed as not being objective. In this manuscript, I draw on Thomas Kuhn's view of objectivity to evaluate the biomedical perspective of concussion. I utilize current (...) research and clinical examples to illustrate the advantages and drawbacks of this perspective for nursing. From this discussion, I propose an alternative perspective to capture the complexity of paediatric concussions for nursing, a systems perspective. Although I argue for an alternative perspective to approach paediatric concussions for nursing, I maintain that the biomedical perspective can be incorporated as one part of nursing knowledge and practice for paediatric concussion. (shrink)

This addition to the St Andrews Studies series contains a wide-ranging collection of essays on all aspects of moral philosophy and its impact upon public life in the twenty-first century. The book brings together ethicists from a variety of traditions interested in moral truth and its relation to religious faith. A key theme is interaction between major Catholic thinkers with philosophers from non-religious traditions. Topics include reason and religion, natural law, God and morality, anti-consequentialism, rights and virtues.

Recent findings in different areas of psychology and cognitive science have brought the unconscious mind back to center stage. However, the unconscious mind worry remains: What renders unconscious phenomena mental? I suggest a new strategy for answering this question, which rests on the idea that categorizing unconscious phenomena as “mental” should be scientifically useful relative to the explanatory research goals. I argue that this is the case if by categorizing an unconscious phenomenon as “mental” one picks out explanatorily relevant similarities (...) to a corresponding paradigmatically mental conscious phenomenon. Explanatory relevance is spelled out in terms of mechanistic norms. (shrink)

The processing, representation, and perception of bodily signals (interoception) plays an important role for human behavior. Theories of embodied cognition hold that higher cognitive processes operate on perceptual symbols and that concept use involves reactivations of the sensory-motor states that occur during experience with the world. Similarly, activation of interoceptive representations and meta-representations of bodily signals supporting interoceptive awareness are profoundly associated with emotional experience and cognitive functions. This article gives an overview over present findings and models on interoception and (...) mechanisms of embodiment and highlights its relevance for disorders that are suggested to represent a translation deficit of bodily states into subjective feelings and self-awareness. (shrink)

In this 1999 study, Beat Wyss provides a critical analysis of Hegel's theories of art history. Analogous to his philosophy of history, Hegel viewed the history of art in dialectical terms: with its origins in the Ancient Near East, Western art culminated in Classical Greece, but began its decline already in the Hellenistic period. Yet, as Wyss posits, art refuses its programmed demise. He highlights the political dimension of this contradiction, showing the implication of theories which subordinate art to the (...) will of absolute rule. Wyss follows his analysis of Hegel's theories with a discussion of the work of four modern successors - Nordau, Spengler, Sedlmayr and Lukacs - all of whom adapted Hegel's dialectical model, in an effort to demonstrate the central contradictions of twentieth-century aesthetics. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. (...) The book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

Written by a select international group of leading privacy scholars, Social Dimensions of Privacy endorses and develops an innovative approach to privacy. By debating topical privacy cases in their specific research areas, the contributors explore the new privacy-sensitive areas: legal scholars and political theorists discuss the European and American approaches to privacy regulation; sociologists explore new forms of surveillance and privacy on social network sites; and philosophers revisit feminist critiques of privacy, discuss markets in personal data, issues of privacy in (...) health care and democratic politics. The broad interdisciplinary character of the volume will be of interest to readers from a variety of scientific disciplines who are concerned with privacy and data protection issues. (shrink)

Privacy and surveillance scholars increasingly worry that data collectors can use the information they gather about our behaviors, preferences, interests, incomes, and so on to manipulate us. Yet what it means, exactly, to manipulate someone, and how we might systematically distinguish cases of manipulation from other forms of influence—such as persuasion and coercion—has not been thoroughly enough explored in light of the unprecedented capacities that information technologies and digital media enable. In this paper, we develop a definition of manipulation that (...) addresses these enhanced capacities, investigate how information technologies facilitate manipulative practices, and describe the harms—to individuals and to social institutions—that flow from such practices. -/- We use the term “online manipulation” to highlight the particular class of manipulative practices enabled by a broad range of information technologies. We argue that at its core, manipulation is hidden influence—the covert subversion of another person’s decision-making power. We argue that information technology, for a number of reasons, makes engaging in manipulative practices significantly easier, and it makes the effects of such practices potentially more deeply debilitating. And we argue that by subverting another person’s decision-making power, manipulation undermines his or her autonomy. Given that respect for individual autonomy is a bedrock principle of liberal democracy, the threat of online manipulation is a cause for grave concern. (shrink)

his monograph examines the metaphysical commitments of the new mechanistic philosophy, a way of thinking that has returned to center stage. It challenges a variant of reductionism with regard to higher-level phenomena, which has crystallized as a default position among these so-called New Mechanists. Furthermore, it opposes those philosophers who reject the possibility of interlevel causation. Contemporary philosophers believe that the explanation of scientific phenomena requires the discovery of relevant mechanisms. As a result, new mechanists are, in the main, concerned (...) solely with epistemological questions. But, the author argues, their most central claims rely on metaphysical assumptions. Thus, they must also take into account metaphysics, a system of thought concerned with explaining the fundamental nature of being and the world around it. This branch of philosophy does indeed matter to the empirical sciences. The chapters investigate the nature of mechanisms, their components, and the ways in which they can bring about different phenomena. In addition, the author develops a novel account of causation in terms of activities. The analysis provides the basis for many further research projects on mechanisms and their relations to, for example, the mind-body problem, realization, multiple realization, natural kinds, causation, laws of nature, counterfactuals, and scientific levels. (shrink)

Constitutive mechanistic explanations are said to refer to mechanisms that constitute the phenomenon-to-be-explained. The most prominent approach of how to understand this constitution relation is Carl Craver’s mutual manipulability approach to constitutive relevance. Recently, the mutual manipulability approach has come under attack (Leuridan 2012; Baumgartner and Gebharter 2015; Romero 2015; Harinen 2014; Casini and Baumgartner 2016). Roughly, it is argued that this approach is inconsistent because it is spelled out in terms of interventionism (which is an approach to causation), whereas (...) constitutive relevance is said to be a non-causal relation. In this paper, I will discuss a strategy of how to resolve this inconsistency, so-called fat-handedness approaches (Baumgartner and Gebharter 2015; Casini and Baumgartner 2016; Romero 2015). I will argue that these approaches are problematic. I will present a novel suggestion of how to consistently define constitutive relevance in terms of interventionism. My approach is based on a causal interpretation of mutual manipulability, where manipulability is interpreted as a causal relation between the mechanism’s components and temporal parts of the phenomenon. (shrink)

This article focuses on the moral assumptions underpinning the notion of social responsibility implied in the above slogan. It critically examines arguments which derive obligations to meet needs from shared moral agency and from social relations of reciprocity. Obligations to contribute according to ability are established by a series of arguments which justify regarding undeserved natural abilities and socially produced abilities as common assets, and which demonstrate that under certain conditions the maxim ‘ought implies can’ is reversible as ‘can implies (...) ought’. The problem of motivation and voluntary action is tackled by arguing that there are intrinsic and extrinsic incentives to contribute unconnected with special rewards and that moral incentives replace material incentives to produce.The notion of responsibility is an essential concept for social life, but since its justification and adoption depends on an inclusive moral community with overlapping ends and purposes, it is not surprising that the duty to contribute is absent from liberal theory, and had no positive connotations in liberal society. Politicians of every hue are increasingly appealing to the responsibilities citizens are expected to fulfil; yet they fail to account for the conditions for their development and exercise. For this reason, the assumptions expressed in the socialist slogan are an important corrective to liberal perspectives. (shrink)

Rawls's burdens of judgment are a list of factors that explain why reasonable persons in a diverse society are likely to hold different, often incompatible, conceptions of the good. According to Charles Larmore, the burdens of judgment satisfy political liberalism's ambition of supporting liberal political principles through a minimalist moral conception. By using the burdens, we ground liberal politics in the modest notion of reasonable disagreement, avoiding reliance on controversial comprehensive notions such as autonomy, individuality, skepticism about the good, or (...) value pluralism. In this paper I argue that the burdens of judgment cannot provide adequate support for liberal political principles unless they are read in a way that comports with Kymlicka's modest version of autonomy liberalism. As it renounces fallibilism, political liberalism's moral minimalism can be manipulated in a way that reconciles it with decidedly illiberal results. The only way to avoid this problem is to recognize that the justification of liberal principles cannot be detached from notions of fallibilism and critical reflection about the good. Ultimately, political liberalism's emphasis on moral minimalism deprives it of the conceptual resources it needs to deal with contemporary controversies concerning the defence and clarification of liberal policies. (shrink)

In this short commentary, I will first show why Kiverstein & Kirchhoff's (this volume) analysis of the CC-fallacy is inadequate in an important way and show why their strategy for avoiding the CC-fallacy based on diachronic constitution is problematic. Second, I will reply to their criticism of the mechanistic account of constitution.

The article first develops an account of autonomy, explaining individual autonomy by means of three normative components and then discussing two objections. The first objection claims that autonomy has to be thought of as essentially relational; this objection is refuted. The second objection, labeled the skeptical objection, claims that we simply do not live autonomously, nor could we ever. Reference is made to novels by Iris Murdoch to present a skeptical solution to this objection.

Chronology of the Manuscripts 1885–89. Appendix to KGW IX. After the completion of the topological manuscript edition in section IX of the Kritische Gesamtausgabe der Werke (KGW IX), the additional chronological indexing of the late Nachlass remained a desideratum. The current manuscript closes this editorial gap. As an appendix to KGW IX, the chronology of the manuscripts 1885–89 provides the date for each distinguishable layer of inscription for every manuscript and note edited in KGW IX. In the first part of (...) the following chronology, the dated inscription layers for all late manuscripts from notebook N VII 1 to the scattered notes are recorded topologically. In the second part, the inscription layers are indexed chronologically from spring 1885 to the beginning of January 1889. (shrink)

Cognitive ontology has become a popular topic in philosophy, cognitive psychology, and cognitive neuroscience. At its center is the question of which cognitive capacities should be included in the ontology of cognitive psychology and cognitive neuroscience. One common strategy for answering this question is to look at brain structures and determine the cognitive capacities for which they are responsible. Some authors interpret this strategy as a search for neural mechanisms, as understood by the so-called new mechanistic approach. In this article, (...) I will show that this new mechanistic answer is confronted with what I call the triviality problem. A discussion of this problem will show that one cannot derive a meaningful cognitive ontology from neural mechanisms alone. Nonetheless, neural mechanisms play a crucial role in the discovery of a cognitive ontology because they are epistemic proxies for best systematizations. (shrink)

Immer mehr Menschen verbringen ihren Lebensabend in Einrichtungen der Altenpflege. Zusätzlich zur Sorge um physische, psychische und soziale Belange gilt es, deren spirituelle Bedürfnisse zu berücksichtigen. Ziel dieser Arbeit war es, die spirituellen Bedürfnisse von alten Menschen in Langzeitpflegeeinrichtungen zu erfassen. Gleichzeitig wurde untersucht, welche spirituellen Bedürfnisse Pflegende bei den ihnen anvertrauten Bewohner/-innen wahrnehmen. Dabei wurden Übereinstimmungen bzw. Unterschiede identifiziert. Daten aus 28 Einzelinterviews mit Bewohnerinnen und Bewohnern und 9 Fokusgruppeninterviews mit Mitarbeitenden wurden mittels Qualitativer Inhaltsanalyse ausgewertet und unter die (...) Kernkategorien „Sinn“, „Verbundenheit“, „Transzendenz“ kategorisiert. Die Kategorien beider Befragtengruppen wurden einem Vergleich unterzogen. Trotz zahlreicher Übereinstimmungen in den Aussagen beider Gruppen bleiben Defizite in der Wahrnehmung von Pflegenden. Aus den Ergebnissen der Arbeit werden Schlussfolgerungen für die Einbeziehung der spirituellen Dimension der alten Menschen in die pflegerische Arbeit im Seniorenheim gezogen und Empfehlungen ausgesprochen. (shrink)