Person‐specific evidence was developed as a grounded theory by analyzing 20 selected case descriptions from interventions using the guided self‐determination method with people with various long‐term health conditions. It explains the mechanisms of mobilizing relational capacity by including person‐specific evidence in shared decision‐making. Person‐specific self‐insight was the first step, achieved as individuals completed reflection sheets enabling them to clarify their personal values and identify actions or omissions related to self‐management challenges. This step paved the way for sharing these insights and (...) challenges in a relationship with a supportive health professional, who could then rely on person‐specific evidence instead of assumptions or a narrow disease perspective for shared decision‐making. Trust in the evidence encouraged the supportive health professional to transfer it to the interdisciplinary team. Person‐specific evidence then enhanced the ability of team members to apply general evidence in a meaningful way. The increased openness achieved by individuals through these steps enabled them to eventually share their new self‐insights in daily life with other people, decreasing loneliness they experienced in self‐management. Relational capacity, the core of the theory, is mobilized in both people with long‐term health conditions and healthcare professionals. Further research on person‐specific evidence and relational capacity in healthcare is recommended. (shrink)

BackgroundEthical decision-making of nurses could affect patients’ recovery and also decrease medical costs. To make ethical decisions, ICU nurses experience complicated ethical conflicts. Considering the multi-dimensional process of ethical decision-making, the present study was conducted to describe the experiences of ICU nurses regarding ethical decision making.MethodThe present research is a qualitative study with conventional content analysis approach that was done in 2020. Fourteen ICU nurses were interviewed using a semi-structured in-depth interview method. The interviews were recorded, transcribed verbatim, and (...) analyzed using Granheim and Landman approach.ResultsBeing torn by inevitable moral dilemma was defined as the main category which contained the categories of conflict with professional self, feeling squeezed between self-authority and demands of others, and Surrounded by organizational limitations.ConclusionsResults of the present study showed that moral dilemma is a situation in which the nurses are forced to choose between two options based on their equipment and facilities. In these situations, the nurses would hesitate between their internal conflicts and confusion between choosing their own benefits and patients’ benefits. To prevent ethical challenges in decision making, it is necessary to educate healthcare team about ethical dilemmas and empower the personnel for encountering ethical challenges. (shrink)

BackgroundThis study is part of a major study about difficulties in communicating ethical problems within and among professional groups working in hemodialysis care. Describing experiences of ethically difficult situations that induce a troubled conscience may raise consciousness about ethical problems and thereby open the way to further reflection.The aim of this study was to illuminate the meanings of being in ethically difficult situations that led to the burden of a troubled conscience, as narrated by physicians working in dialysis care.MethodA phenomenological (...) hermeneutic method was used to analyze the transcribed narrative interviews with five physicians who had varying lengths of experience in nephrology.ResultsThe analysis shows that physicians working in hemodialysis care suffered from a troubled conscience when they felt torn by conflicting demands and trapped in irresolution. They faced ethical dilemmas where they were forced to make crucial decisions about life or death, or to prioritize when squeezed between time restraints and professional and personal demands. In these ethical dilemmas the physicians avoided arousing conflicts, were afraid of using their authority, were burdened by moral responsibility and felt devalued and questioned about their way of handling the situation. The findings point to another way of encountering ethical dilemmas, being guided by their conscience. This mean sharing the agony of deciding how to act, being brave enough to bring up the crucial problem, feeling certain that better ways of acting have not been overlooked, being respected and confirmed regarding decisions made.ConclusionThe meanings of being in ethically difficult situations that led to the burden of a troubled conscience in those working in hemodialysis care, indicate the importance of increasing the level of communication within and among various professional groups - to transform being burdened by a troubled conscience into using conscience as a guide - in situations where no way of solving the problem seems to be good. (shrink)

Social struggles have led to the legal recognition of the rights of LGTBI+ people in some countries. Even so, violence against LGTBI+ people is a social problem throughout the world, and has resulted in the vulnerability and victimization of the members of this group. In Spain, no research has been published to date that analyzes this problem in the university context. Considering the scarcity of studies on the identification of this type of violence in Spain, the main objective of this (...) study was to identify violence against LGBTI+ people in Catalan universities. We administered a battery of questions to a sample of 571 university students from six universities in Catalonia (77.8% women) between 17 and 55 years old (M = 21.0; SD = 3.96). Of the 12 situations of violence presented, psychological violence was identified as the most common type. Within our sample, 61.0% reported either being aware of or having experienced some type of violence related to the university context and motivated by the sexual orientation, gender identity, or gender expression of the victim. The results also show that these types of violence in the university context are rarely reported, especially when they do not include physical violence. This study highlights a previously unreported problem and identifies future research avenues in university contexts. (shrink)

This chapter develops a schematic historical and political analysis of the rhetorical usages of social constructionism within specific social movement contexts. It is therefore an attempt to illuminate the essentialism/social constructionism debate, rather than to explore the social theoretical issues around constructivism itself. It is concerned with the power of such arguments to mobilize public support, and as instrumental interventions in the political process. -/- It is my suggestion that this very power consists in the ability of such discourse to (...) represent social reality in a way which individuals see as corresponding to personal experience, in the first instance, and to open up the space for dynamic social change, in the second. Social constructionism is a rhetorical strategy. Judgements are made by social actors in terms of their understanding of biographical experiences, the prospective political utility of the analysis offered, and the context in which they find themselves. Further, arguments appeal to two relevant constituencies: first, an indigenous community of interest, which I will explore further below, and second, the wider public including, critically, that section of the population with access to governmental power, notably legislators and other members of the ruling class. (shrink)

: A highly detailed application of Dewey's "dramatic rehearsal" to a particular ethical dilemma situation is developed here. This illustrates the role of moral imagination and creativity, and of self-discovery and self-transformation, within dramatic rehearsal. A primary concern is to show how decisions emerge through unification; what sorts of decisions emerge; how they can be evaluated; and whether the choices and evaluations accord with what is generally taken to be ethical/moral. Sartre's dilemma of a French student during World (...) War II—who is torn between staying with his mother who needed him and making his way to England to join the Free French Forces—provides the illustrative case. Using this case leads to a comparison of Dewey's and Sartre's approaches, and to a Deweyan reinterpretation and reconstruction of the process of decision in Sartre's early ethical theory. Criteria that Sartre, rightly, rejects as determinants of decision are shown to function in dramatic rehearsal as instruments for exploring the meanings of the dilemma. Sartre's analogy between making an ethical decision and creating a painting is explored in terms of Dewey's esthetic theory. This illuminates how dramatic rehearsal develops, and how it culminates in ethical decision. The idea that one makes oneself as one makes one's decision is shown to flow from the painting analogy, in both Sartre and Dewey. How this Deweyan account relates to Sartre's theory of radical choice is considered. Openings for the Deweyan perspective are sought in a brief exploration of Sartre's later ethical theories. (shrink)

Esta derivación educativa concurrió en comprobar el impacto de un modelo metodológico desde la valoración del alumnado universitario. El estudio se realizó a 34 personas jóvenes y matriculadas en una asignatura de Economía Social (ES). Se observó a la muestra durante la formación y sus datos fueron tratados en estadística descriptiva. El estudio señaló que las personas estudiantes universitarias estiman los aprendizajes significativos y una participación activa en la construcción de conocimiento sobre ES. Se valora bien la formación universitaria en (...) ES, pero se demanda su mejora. Asimismo, se identificó la necesidad de retocar los contenidos y reformular el modelo metodológico. (shrink)

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

본 논문에서 자유의지 문제가 경험과학의 문제라는 발라규어의 ‘탈형이상학적’ 견해가 비판적으로 검토된다. 발라규어에 따르면, 모든 형이상학적인 문제는 1) 경험과학의 문제이 거나 2) 논리적인 문제이거나, 아니면 3) 무의미한 문제 중 하나이며, 자유의지 문제는 경험 과학의 문제에 속한다. 그는 선결정되지 않은 사건, 즉 ‘갈린 선택(torn decisions)’이 존 재하며, 이 주장은 신경과학을 통해 진위 여부가 판명 가능하다고 주장한다. 본 논문은 발라규어의 사건-인과 자유론이 크제 세 문제에 직면한다는 점을 보여준다. 첫째, 발라규어식 사건-인과 자유론의 핵심적인 개념들이 모두 경험 과학적 탐구 대상이 될 수 없으므로 (...) ‘적용의 문제’가 발생한다. 둘째, 개별적인 심적 사건과 신경적 사건의 동일 관계가 식별 가능할지 의문이다. 셋째, 행위의 이유 중 ‘실천적 이유(practical reason)’ 는 심적 상태가 아니므로, 신경적 상태에 대한 고려만으로는 파악 가능하지 않다. (shrink)

Event-causal libertarians maintain that an agent’s settling of whether certain states-of-affairs obtain on a particular occasion can be reduced to the causing of events (e.g., bodily motions, coming to a resolution) by certain mental events or states, such as certain desires, beliefs and/or intentions. Agent-causal libertarians disagree. A common critique against event-causal libertarian accounts is that the agent’s role of settling matters is left unfilled and the agent “disappears” from such accounts—a problem known as the disappearing agent problem. Recently, Franklin (...) (Philos Stud 170:413–432, 2014) has argued that an “enriched” event-causal account can overcome this problem. Franklin, however, doesn’t consider whether, as Pereboom (J Philos 99:499–531, 2015) argues, the agent as decider of “torn decisions” disappears from even enriched accounts. As I show here, Franklin’s enriched account takes some modifying if it is to overcome Pereboom’s torn decision problem—a special case of the disappearing agent problem. However, as I also show, there is a more fundamental problem facing event-causal libertarian accounts. It is implausible that an agent qua event or state simultaneously settles whether and how she intervenes. The upshot is that events and/or states lack an ability essential to completely fulfilling an agent’s role qua settler. This isn’t a problem for agent-causal accounts like the one offered by Steward (A metaphysics for freedom. Oxford University Press, Oxford, 2012) because in as much as an agent qua substance settles whether her body moves in certain ways on certain occasions she simultaneously settles whether and how she intervenes. As a consequence, event-causal libertarians face a dilemma, or rather several, that agent-causal libertarians do not. This may ultimately be explained by the irreducibility of causation by agents to causation by events. (shrink)

This paper provides articulates a non-epiphenomenal, libertarian kind of free will—a kind of free will that’s incompatible with both determinism and epiphenomenalism—and responds to scientific arguments against the existence of this sort of freedom. In other words, the paper argues that we don’t have any good empirical scientific reason to believe that human beings don’t possess a non-epiphenomenal, libertarian sort of free will.

In recent years historians have revisited the creation of the United Nations system by highlighting the enduring influence of Empire and recognizing the substantial role of cultural and scientific actors in wartime international diplomacy. The British biochemist Joseph Needham, who participated in the creation of the United Nations Educational, Scientific and Cultural Organization, was one of them. Yet, if historians have recognized his role as the leading architect of the sciences at UNESCO, they still fall short of engaging with the (...) Chinese and imperial geography of his involvement with UNESCO. During the Second World War, Needham was stationed in war-torn China. As director of the Sino-British Scientific Cooperation Office, Needham not only organized Sino-British scientific cooperation against the Japanese invasion, but his mission inspired his engagement for a reform of international science and fueled an international campaign that led him to become the director of UNESCO’s Natural Science division after the war. By reconstructing his campaign in context, this article seeks to demonstrate how the imperial and transnational scientific networks of the wartime era fostered the creation of a scientific mandate for UNESCO. It situates Needham’s activism and ideas in the context of the Sino-Japanese war, imperial wartime technocracy, and China’s scientific nationalism. In so doing, it reveals a string of forgotten partners from China and the British Empire. Their conception of a reorganized international science and shared belief in modern science and its ideal of universality shaped Needham’s vision for science at UNESCO, while their activism contributed decisively to the success of his campaign. This inquiry hence participates in recent efforts to challenge the existing Eurocentrism corseting the historiography of the UN and expands the historiography of scientific internationalism beyond Europe and North America. Importantly, it also contributes to uncovering the technocratic ties established between Empire and the UN system from its onset. (shrink)

Individuality and collectivity are central concepts in sociological inquiry. Incorporating cultural history, social theory, urban and economic sociology, Borch proposes an innovative rethinking of these key terms and their interconnections via the concept of the social avalanche. Drawing on classical sociology, he argues that while individuality embodies a tension between the collective and individual autonomy, certain situations, such as crowds and other moments of group behaviour, can subsume the individual entirely within the collective. These events, or social avalanches, produce an (...) experience of being swept away suddenly and losing one's sense of self. Cities are often on the verge of social avalanches, their urban inhabitants torn between de-individualising external pressure and autonomous self-presentation. Similarly, Borch argues that present-day financial markets, dominated by computerised trading, abound with social avalanches and the tensional interplay of mimesis and autonomous decision-making. Borch argues that it is no longer humans but fully automated algorithms that avalanche in these markets. (shrink)

This chapter defines and defends time-slice epistemology, according to which there are no essentially diachronic norms of rationality. The chapter begins by distinguishing two notions of time-slice epistemology, and ends by defending time-slice theories of action under indeterminacy, i.e. theories about how you should act when the outcome of your decision depends on some indeterminate claim. In a recent chapter, J. Robert G. Williams defends a theory of action under indeterminacy which is subject to several objections. An alternative theory is (...) proposed in its place. The resulting discussion highlights a more general moral about action under indeterminacy, namely that time-slice theories are supported by strong analogies with ethical theories. In particular, our understanding of agents torn between interpretations of a decision situation should be guided by our theories of agents torn between incommensurable values. (shrink)

A far-reaching reinterpretation of Plato’s Timaeus and its engagement with time, eternity, body, and soul that in its original French edition profoundly influenced Derrida The Tomb of the Artisan God provides a radical rereading of Timaeus, Plato’s metaphysical text on time, eternity, and the relationship between soul and body. First published in French in 1995, the original edition of Serge Margel’s book included an extensive introductory essay by Jacques Derrida, who drew on Margel’s insights in developing his own concepts of (...) time, the promise, the world, and khōra. Now available in English with a new preface by Margel, this engagement with Platonic thought proceeds from two questions that span the history of philosophy: What is time? What is the body? Margel’s twinned interrogation centers around Plato’s concept of the demiurge (divine artisan or craftsman): its body, its anthropomorphic attributes, its productive capacities and regulatory functions in the ordering/organization/assembling of the world. He posits that this paradoxical figure is not merely a cosmological metaphor for the living body but also the site of its destruction, dissolution, and disappearance. Torn between the finite and the infinite, being and becoming, the concept of demiurge also poses metaphysical questions about time, time before time, and the end of time. The ontological status of the demiurge’s body, Margel argues, would become increasingly decisive in the history of philosophy, particularly in Christianity and the dogma of incarnation. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...) might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

Upon entering the examination room, Caitlyn encounters a woman sitting alone and in distress. Caitlyn introduces herself as the hospital ethicist and tells the woman, Mrs. Dennis, that her aim is to help her reach a decision about whether to perform an autopsy on her recently deceased husband. Mrs. Dennis begins the encounter by telling the ethicist that she has to decide quickly, but that she is very torn about what to do. Mrs. Dennis adds, “My sons disagree about (...) the autopsy.” As a standardized patient, a specialized actor, the woman playing Mrs. Dennis has already delivered the same opening lines several times to different learners practicing their clinical ethics consultation skills. An SP encounter is a simulated patient encounter used for educational purposes that requires the standardization of verbal and behavioral responses. In the encounter, the simulator, or “patient,” uses a scripted medical history to enable the learner to employ a certain skill, say, the ability to perform a neurological exam. The use of standardized patients in the evaluation of clinical skills has become a staple in medical education. To tackle the challenge of teaching clinical ethics consultation skills, we have incorporated SP encounters into the curriculum of the Bioethics Program of The Union Graduate College and the Icahn School of Medicine at Mount Sinai. SP encounters are incorporated into one of our onsite classes, the Onsite Clinical Ethics Practicum, and they are part of the capstone examination, which all of our graduates must complete successfully. The inclusion of simulated encounters into the curriculum is one way in which we equip our students with the core competencies specified by the American Society for Bioethics and Humanities Task Force for clinical ethicists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 34.2 (2006) 3-13 [Access article in PDF] Biographical Illusion and Methodological Reality Leland De La Durantaye Pierre Bourdieu. Esquisse Pour Une Auto-Analyse. Paris: Raisons d'Agir, 2004. 1 Like his student and friend Nietzsche, Jacob Burckhardt often stressed the necessity for a scholar to work in solitude. Like Nietzsche, he also possessed a gift for acidic analogy and likened the world of academia to a group of dogs sniffing (...) one another.Few observers of the academic interactions of his time had such sharp senses as Pierre Bourdieu, and few have been as torn between solitary reflection and communal exchange. Trained by France's most elite academic institutions (such as the celebrated Parisian lycée Louis-le-Grand and the even more celebrated École Normale Supérieure), Bourdieu was grateful for the opportunities that this training afforded him. And he felt that this gratitude could best be repaid by submitting those elite academic institutions and their insular world to an unsparing critique, to unveiling the distance that separated their stated ideals from their real effects.Like Bergson and Jaurès, like Sartre and Aron, like Foucault and Derrida, Bourdieu studied that which was most difficult and most prestigious where it was most difficult and prestigious: philosophy at the École Normale Supérieure. Like those famous fellow alumni, he was a brilliant student, and like them, he longed to distinguish his personal vision from those around him. This led him to do something surprising, something that, despite their separate and significant dissatisfactions with the philosophy of their day, neither Bergson nor Sartre, neither Foucault nor Derrida ever did: he abandoned philosophy. He left what he saw as the intellectual royal road for the most pedestrian of paths—that of sociology.As he often reminded his readers, sociology was in a sorry state when he entered it. Both in academic appraisal and the popular imagination, it was considered dry and provincial. It was thought to have no true intellectual adventure in it—nothing of the ethnologist tramping through the rain forests of the Amazon, nothing of the lone philosopher working through the night on an opus to end metaphysics. It was laborious and abstract; it dealt in statistical generalities. Bourdieu repeatedly described sociology as "the pariah of disciplines."1 He had, however, a special mission for it in mind. [End Page 3]In Bourdieu's posthumous memoir Esquisse pour une auto-analyse, published in February 2004—two years after his death—by the small publishing house he helped found, Raisons d'Agir, he notes how, "a bit as a joke," he had often defined himself as "the leader of a liberation movement aiming to free the social sciences from philosophy's imperialism" [94].2 From early on in his career, he had wished to revolt against the "empire of the total philosopher"—an empire reigned over by, more than any other, Jean-Paul Sartre [cf. 25].3 Looking back upon this decisive period of his development, Bourdieu goes so far as to state that the shaping of his identity was done "against everything which the Sartrian enterprise represented for me" [37]. In historical accounts, Sartre is often given as counterfigure his friend and fellow normalien Raymond Aron. In his Esquisse, Bourdieu proposes a different, and less conventional, counterfigure for the imperial philosopher: the brilliant Austrian satirist and cultural critic Karl Kraus. Bourdieu notes the particular affection he had always felt for Kraus and attributes it to the latter's singular capacity for "critical reflectivenesss" [37]. Subtly, and appropriately, Bourdieu follows this remark with something that occurs nowhere else in his memoir: an epigram (the composing of which Kraus excelled in). Bourdieu writes: "there are a great many intellectuals who question the world, but there are very few intellectuals who question the intellectual world" [37]. The remark could not more compactly and precisely reflect what Bourdieu had aspired all his life to do: to excel in the art and science of questioning the intellectual world. 2 Leo Spitzer liked to cite Friedrich Gundolf's dictum "Methode ist Erlebnis" (method is lived experience). Nearing the end of his career... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Male Reproductive Strategies in Sherwood Anderson's "The Untold Lie"Judith P. SaundersSingled out repeatedly as one of the finest stories in Sherwood Anderson's Winesburg, Ohio, "The Untold Lie" (1919) has attracted surprisingly little sustained critical comment.1 Like all the stories in the Winesburg cycle, this one delineates a revelatory moment of inner turmoil. There is little outward action; conflict and suspense are generated chiefly in the interior of the protagonist's (...) psyche, focusing on his ambivalence as husband and father. Readers become privy to "the buried life" of unacknowledged impulses and the "hidden truth" of repressed resentments,2 as Anderson's central characters struggle with the antithetical "choices available to the individual as biology works its will."3 A portrait of the male mind deliberating the relative advantages of alternative reproductive strategies, the story notably repays biosocial investigation. The theoretical framework, as well as the intellectual rationale, for undertaking biosocial investigation of literary texts has been explained ably by critics and aestheticians such as Joseph Carroll, Brett Cooke, Ellen Dissanayake, Robert Story, and others. Readers unfamiliar with the historical and theoretical foundations of Darwinian literary criticism will find useful commentary in works by these and other thinkers in this rapidly growing field.4Anderson concentrates on the interactions between two men at different stages in life, one middle-aged, perhaps fifty, and one youthful, "only twenty-two."5 The older man, Ray Pearson, has made his most important reproductive decisions well before the story begins: he has been married for many years and fathered half a dozen children (p. 203). He works as a farm hand, eking out a meagre living for his family by means of hard physical labor. A few details are sufficient to suggest [End Page 311] his poverty: his house is "tumble-down," his children "thin-legged," his coat torn and shiny with age (pp. 203, 206). Ray's wife, "sharp" in both features and voice, appears to be a perpetually anxious scold, concerned with fundamental problems of family subsistence. Ray's direct fitness (as measured by reproductive success) promises to be respectable, but the task of rearing his numerous offspring to adulthood has required and will continue to require his utmost effort and full-time commitment. He is just barely able to support his family (food is being purchased on a day-by-day basis), and there is little margin of safety in his situation.As foil to Ray, Anderson presents Hal Winters, a man not only younger but different in physique, in temperament, and in social class. Hal is big, tall, and broad shouldered; by way of contrast, Ray's shoulders are described as "rounded by too much and too hard labor," and he is "almost a foot shorter" than the robust Hal (p. 203ff). Inclined to prototypical masculine display, Hal is observed "roistering" about the town at night, dressing in "cheap flashy clothes." He challenges his own father in a fist fight, and as a result he is arrested and jailed. His brash and often reckless behavior is very unlike that of the "quiet, nervous," and "altogether serious" Ray. In the community Hal has the reputation of "a bad one." A fighter, a drinker, and a womanizer, he is "always up to some devilment." Unsurprisingly, Hal's family background is said not to be particularly respectable. The fathers of both Hal and Ray are small-business owners: the Winters operate a sawmill, the Pearsons a bakery. (The narrator never explains why Ray did not join or succeed his father in the bakery business, which presumably would have offered him a better income and a physically less onerous profession.) The stated difference in social standing appears to derive from the two families' differing records of conduct.Hal's aggressive propensities seem to be at least in part hereditary. He is "the worst" of three notoriously bad brothers, all sired by "a confirmed old reprobate" (pp. 202–3). The father, old Windpeter Winters, is remembered best for the gratuitous violence of his death. Drunk, he drove his team of horses along the railroad tracks straight into the path of an oncoming train, having slashed with his whip at a neighbor who... (shrink)

This article seeks to reconcile a fundamental normative tension that underlies most international reconstruction efforts in war-torn societies: on the one hand, substantial outside interference in the domestic affairs of such societies may seem desirable to secure political stability, set up inclusive governance structures, and protect basic human rights; on the other hand, such interference is inherently paternalistic—and thus problematic—since it limits the policy options and broader freedom of maneuver of domestic political actors. I argue that for paternalistic interference (...) in foreign countries to be justified, it needs to be strictly proportional to domestic impediments to self-government and basic rights protection. Based on this claim, I model different degrees of interference that are admissible at particular stages of the postwar reconstruction process. Extrapolating from John Rawls'sLaw of Peoples, I suggest that full-scale international trusteeship can be justified only so long as conditions on the ground remain “outlaw”—that is, so long as security remains volatile and basic rights, including the right to life, are systematically threatened. Once basic security has been reestablished, a lower degree of interference continues to be justified, until new domestic governance structures become entirely self-sustaining. During this second phase of postwar reconstruction, external actors ideally ought toshare responsibilityfor law-enforcement and administration with domestic authorities, which implies in practice that domestic and international officials should jointly approve all major decisions. I discuss various approximations of such shared responsibility in recent international peace operations and speculate about how best to ensure a timely transition toward full domestic ownership. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Am I the Bad Guy?Tavishi ChopraWhat do you do when the 6-year-old patient you have vowed to protect suddenly deems you the bad guy?The afternoon started out like any typical afternoon during my inpatient pediatric rotation. We had finished rounding, grabbed lunch, and began to see our new admits. My residents told me to go see a 6-year-old, Ela, in the ED. All I knew was that she had (...) a burn injury. As I walked to her ED room, my heart sank.Burns from cigarette stumps covered her torso and back. She was holding her shirt off her chest to prevent the excruciating pain caused by her t-shirt rubbing against her skin. As soon as Ela made eye contact with me, she immediately started crying and exclaiming, "Mommy didn't mean to!" confirming exactly what I thought. These burns were inflicted from someone she loved.Ela was eventually admitted into the hospital, and the Department of Child Services was contacted. Little did I know that I would be so conflicted by this decision.DCS launched an investigation on Ela's mom, but during the investigation, Ela's mom was permitted at her bedside. It was very clear that Ela felt protected and loved by her mom. Often it was only her mom who could get her to stop crying during the painful dressing changes. I felt torn allowing Ela's mom to have such a strong presence in Ela's hospital stay. To me, nothing in the world can justify hurting a child so cruelly, and inflicting that pain so many times. However, my job was to help Ela heal. That meant that because Ela turned to her mom for support, I also needed to include Ela's mom in our medical decisions. I buried away any negative feelings I had, and I proceeded to interact with Ela's mom in a professional manner.It was this that allowed me to get to understand Ela's mom a little bit more. She was a single mom [End Page E8] working multiple jobs to help keep her family afloat. She often lived her day on three to four hours of sleep, so she was very tired. The sleep deprivation made her frustrated more easily, and she didn't have a healthy outlet to release her emotions. Unfortunately, Ela was on the receiving end of that frustration.Hearing her story made me even more angry, confused, and upset that a child suffered. I strongly believed that as adults, we should have better control of our emotions, and sleep deprivation and frustration weren't an excuse. I couldn't find it in me to respect Ela's mom, who I shamefully began to avoid.I still wanted to bond with Ela and show her unconditional love. When Ela's mom was at work, I would use that opportunity to go and spend time with her. We would play "princesses," blow bubbles together, and turn dressing changes into a game. We formed a special bond, and I always made it a goal to go and spend some time with her every day.DCS, meanwhile, was actively conducting an investigation. They interviewed Ela's mom, Ela's siblings, and Ela. The findings of their investigation revealed that Ela's mom often would lose her temper, and the kids feared their mom. Hearing this further proved to me that I did not need to interact with Ela's mom. Embarrassingly, it was just as much a priority for me to avoid Ela's mom as it was to spend time with Ela.DCS eventually concluded that Ela's mom would lose custody of Ela for the time being. Because of the connection that Ela and I had, I took it upon myself to deliver the news to her. Our bond was shattered right then and there. She immediately began to cry, told me she hated me, and asked me to leave the room. Anytime I would go into her room after that, she would start screaming and refused to talk to me. In a span of five minutes, Ela's mom made a decision that destroyed their family... (shrink)

In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...) might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

The term "social science" promises more than its practitioners can deliver: it promises knowledge. This knowledge is to consist of statements of empirical regularities of such quality as will enhance predictive power and inform public and private policy. Boundaries of Competence illuminates obstacles to this aspiration. Chapter 1 grounds knowledge in perception. Chapter 2 challenges the assumption that ordinary language necessarily describes reality and reveals the mischief words can do. Chapter 3 proposes a continuum of perceiving-conceiving involved in different ways (...) of "knowing" worlds. Chapter 4 lays out requirements of measurement, arguing that assigning numbers to dubious observations gives false assurance that mathematical manipulations necessarily rep- resent events. Chapter 5 shows how choice of unit affects the correlations we find in our search for causes. Chapter 6 holds that, given deficiencies in knowledge and perhaps because of the way Nature works, we assess probabilities rather than seek certainties. Chapter 7 notes difficulties in counting events that consist of "social facts," which "depend on us," and those that refer to "brute facts," that exist independently of us. Chapter 8 criticizes the practice of employing proxies for observations of what we're talking about. In particular, it demonstrates the error produced by relying on what people say as measure of what they do. Chapter 9 criticizes ways of explaining conduct by characterizing actors and their acts, and by "understanding" them through empathy. Chapter 10 discusses the important and never-ending quarrel about causation. Chapters 11 and 12 argue that in social affairs, decision is regularly torn between doing what is effective (rational) and doing what is right (moral). Nettler's writing is crisp, and his argument balanced. He employs research from several disciplines to challenge ideologically driven descriptions of our condition and explanations of our conduct. Gwynne Nettler is professor emeritus at the University of Alberta in Edmonton, Canada, where he taught psychology, sociology, and criminology. His previous books include Explanations, Social Concerns, and Explaining Crime. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

Psychoanalytic jurisprudence attempts to understand the images used by law to attract and capture the subject. In keeping with the larger psychoanalytic tradition, such theories tend to overemphasise the paternal principle. The image of law is said to be the image of the paterfamilias—the biological father, the sovereign, or God. In contrast to such theories, I would like to introduce the image of the mother and analyse its impact on the subject’s relation to law. For this purpose, I examine the (...) history and use of the figure of Bharat Mata or Mother India and how it influences the Indian subject’s relation to law. When the subject is torn between his loyalties to the lawmaker–as–father and the nation–as–mother, who does he side with? Eschewing Greek myths and the Oedipus complex, I focus instead on Hindu mythology and the notion of an oedipal alliance to understand legal subjectivity in India. Lastly, I analyse a defining Indian political trial, the Gandhi murder trial, in which all these notions come to play and the accused justifies his decision to murder the father of the nation in the name of the motherland. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Morality of Huck FinnCarol FreedmanA familiar refrain is that emotions threaten our capacity for moral judgment because they infringe on our ability to be impartial. Some hold that emotions lead us to serve personal rather than impersonal ends. And most Kantians argue that even when emotions influence us to pursue impartial ends, they still fail to be moral motives. Barbara Herman argues, however, that emotions can play an (...) important role in a Kantian model of moral judgment. 1 But her description of the moral role of emotions ultimately falls short. 2The problems with Herman’s argument are illustrated by a passage from Huckleberry Finn. The passage challenges a common Kantian assumption that any decision motivated by compassion or love is not a case of moral judgment. I contend that there is good reason to interpret Huck’s decision to help his friend Jim as an instance of moral judgment, even though it is also a case of acting from compassion and love. And though Herman’s theory offers a Kantian way of supporting my reading of Huck, her model fails to do justice to Huck’s case. But there is much that we can learn from the way it fails.IHuckleberry Finn is a story “which details some passages in the life of an ignorant village boy... [who has] run away from his persecuting father, and from a persecuting, good widow, who wishes to make a nice, truth-telling, respectable boy of him....” 3 The journey that follows, in which Huck is accompanied by the widow’s runaway slave, Jim, becomes a symbol of a boy’s attempt to grow up, discover his own identity, make his own decisions. In the part of the journey that has come to be known [End Page 102] as Huck’s “crisis of conscience,” we find him trying to decide whether he should help Jim escape from a slaveholder who has just captured him, or whether he should write to Miss Watson to tell her the where-abouts of her slave (pp. 168–69). On the face of it, Huck seems torn between the voices of conscience and temptation. Writing to Miss Watson, as he describes it, is “the right thing and the clean thing.” To do otherwise would just confirm his “wickedness”: “stealing a poor old woman’s nigger,” he says, “who hadn’t ever done me no harm.” But Huck also loves Jim. He says: “I couldn’t seem to strike no places to harden me against him, but only the other kind.” So Huck seems torn between his sense of what’s right and his compassion. When, in exas-peration, he finally decides not to write the letter, but chooses instead “to go to hell,” it sounds like compassion triumphs over conscience. 4But is it necessarily the case that just because Huck acts from compassion that he does not conceive of what he’s doing as right—that he does not engage in moral judgment? I think it is most plausible to say that when Huck finally decides not to turn Jim in, he comes to a more heart-felt conception of what’s right, not that he does what he believes is wrong.Even though Huck describes helping Jim as “stealing,” and sinful, and the sort of thing for which he will “go to hell,” it is not clear that he thinks it is the wrong thing to do. Huck’s deliberation is tied up with thoughts of social condemnation and eternal punishment. He is obsessed with the pain he will endure if he does not write to Miss Watson. His thoughts begin with the pain of social condemnation (“And then think of me! It would get all around, that Huck Finn helped a nigger to get his freedom”); but they quickly turn to the pain of eternal punishment (“And at last, when it hit me all of a sudden that here was the plain hand of Providence slapping me in the face and letting me know my wickedness was being watched all the time from up there in heaven... I most dropped in my tracks I was so scared”). But Huck describes the... (shrink)

Health care providers’ interpretation of law can have intended and unintended effects on health care delivery in Canada. At times, health care providers encounter situations where they perceive the law to conflict with their sense of what is most ethically justified. In many cases, these health care providers feel especially torn because they assume that the legal requirements must dictate the decision, and cannot be explored or questioned. We challenge this assumption: the law is not as cut-and-dried as some (...) assume; therefore, its significance to health care decisions should be carefully considered. Within a systematic ethics process, legal considerations can be a source of values and information and can create opportunities for further dialogue. This approach is justified because it appropriately reflects the relationship of the law to ethics. This way of thinking about the law and ethics also avoids potentially harmful consequences of legalistic approaches to decision-making, such as breakdowns in communication, adversarial relationships, and a reduction of ethically complex decisions to simple rule following. (shrink)

The more you think about it, the more baffling Newcomb's Problem becomes. To most people, at first it is obvious which solution is correct, but their confidence can be eroded easily. Only a puzzled few are torn between the two right from the start, and for years so was I. But at last, thanks to a certain metaargument, one solution came to seem obvious to me. And yet, imagining myself actually faced with Newcomb's choice, I started to worry that (...) I might experience just enough last-minute ambivalence to unsettle my confidence in that argument. Fortunately, I have found a strategy to ensure making the right choice when the chips are down.Not only is Newcomb's Problem puzzling in its own right, it is philosophically significant. The appeal of both solutions reflects a conflict between two plausible conceptions of rational choice. In making a decision, should one consider all of its probabilistic consequences or only its causal consequences? Each conception has its supporters, but some philosophers find them both defensible and see no hope of resolving the conflict. I think the conflict can be resolved, at least in the context of Newcomb's Problem, by properly assessing the relevant counterfactual conditionals. (shrink)

The early biographies of Gandhi were more or less hagiographies, telling the story of Gandhi, the saintly politician and the liberator of colonial India. Even though Gandhi himself had discussed the topics of his lustfulness and his decision to embrace celibacy in his 1927 autobiography, these matters were glossed over or simply ignored. As time has gone on, Gandhi has caused increasing problems for those of his biographers and interpreters who wanted to hold him up as a paragon but also (...) wanted to tell the truth. And more recently, reevaluations of the Gandhi story have at times bordered on the sensational through the documentation of his eccentricities and religious austerities and in particular his attitudes to sexuality and his ‘experiments’ with the power of celibacy.In 1946, Nirmal Kumar Bose became Gandhi’s translator and secretary during the Mahatma’s Noakhali pilgrimage to bring peace to war-torn rural Bengal. He commenced what would become a central battlefield of Gandhi schol .. (shrink)

In 1910, Jan Łukasiewicz published a groundbreaking book, On the Principle of Contradiction in Aristotle. The book contained a critique of the traditional attitude to the Principle of Non-Contradiction, and a reevaluation of its significance in the light of contemporary developments in logic. In the first half of the book, Łukasiewicz produced an analysis of Aristotle’s defence of the Principle in the Metaphysics, showing its deep inadequacy. In the second half of the book, Łukasiewicz, in his own terms, considers the (...) pros and cons of the principle. The present paper provides an analysis and commentary on the second half of the book. Łukasiewicz is seen to be badly torn. Though he eventually endorses the principle, he does so, not in virtue of the evidence he considers, but in despite of it. In particular, he considers arguments against the Principle, drawn from Hegel, Meinong, and the paradoxes of self-reference, but rejects them for what appear to be patently inadequate reasons. (shrink)

In Pregnant Embodiment: Subjectivity and Alienation, Iris Marion Young describes the lived bodily experience of women who have “chosen” their pregnancies. In this essay, Lundquist underscores the need for a more inclusive phenomenology of pregnancy. Drawing on sources in literature, psychology, and phenomenology, she offers descriptions of the cryptic phenomena of rejected and denied pregnancy, indicating the vast range of pregnancy experience and illustrating substantial phenomenological differences between “chosen” and unwanted pregnancies.

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

In Pregnant Embodiment: Subjectivity and Alienation, Iris Marion Young describes the lived bodily experience of women who have “chosen” their pregnancies. In this essay, Lundquist underscores the need for a more inclusive phenomenology of pregnancy. Drawing on sources in literature, psychology, and phenomenology, she offers descriptions of the cryptic phenomena of rejected and denied pregnancy, indicating the vast range of pregnancy experience and illustrating substantial phenomenological differences between “chosen” and unwanted pregnancies.

Most philosophers agree that causal knowledge is essential to decision-making: agents should choose from the available options those that probably cause the outcomes that they want. This book argues against this theory and in favour of evidential or Bayesian decision theory, which emphasises the symptomatic value of options over their causal role. It examines a variety of settings, including economic theory, quantum mechanics and philosophical thought-experiments, where causal knowledge seems to make a practical difference. The arguments make novel use of (...) machinery from other areas of philosophical inquiry, including first-person epistemology and the free will debate. The book also illustrates the applicability of decision theory itself to questions about the direction of time and the special epistemic status of agents. (shrink)