The concepts of disease, illness and sickness capture fundamentally different aspects of phenomena related to human ailments and healthcare. The philosophy and theory of medicine are making manifold efforts to capture the essence and normative implications of these concepts. In parallel, socio-empirical studies on patients’ understanding of their situation have yielded a comprehensive body of knowledge regarding subjective perspectives on health-related statuses. Although both scientific fields provide varied valuable insights, they have not been strongly linked to each other. Therefore, the (...) article aims to scrutinise the normative-ethical implications of patient perspectives in building a bridge to the empirical ethics debates. Three potential fields of tension between the illness and the disease perspective are presented. Consequently, findings from empirical research examining patient perspectives on illness are displayed and the practical implications and associated ethical issues which arise are discussed. This leads to the conclusion that an explicit and elaborate empirical-ethical methodology is needed to deal appropriately with the complex interaction between patients’ views and the medico-professional view of disease. Kon’s four-stage model of normative-empirical collaboration is then applied against the background of empirical data on patient perceptions. Starting from this exemplary approach, the article suggests employing empirical-ethical frameworks for further research on the conceptual and normative issues, as they help to integrate perspectives from the philosophy of medicine with socio-empirical research. The combination of theoretical and empirical perspectives suggested contributes to a more nuanced discussion of the normative impact of patients’ actual understanding of illness. Further empirical research in this area would profit from explicitly considering potential ethical issues to avoid naturalistic fallacies or crypto-normative conclusions that may compromise healthcare practice. Vice versa, medico-theoretical debates could be enriched by integrating subjective views of those people who are immediately affected. (shrink)

The decision-making environment in intensive care units (ICUs) is influenced by the transformation of intensive care medicine, the staffing situation and the increasing importance of patient autonomy. Normative implications of time in intensive care, which affect all three areas, have so far barely been considered. The study explores patterns of decision making concerning the continuation, withdrawal and withholding of therapies in intensive care. A triangulation of qualitative data collection methods was chosen. Data were collected through non-participant observation on a surgical (...) ICU at an academic medical centre followed by semi-structured interviews with nurses and physicians. The transcribed interviews and observation notes were coded and analysed using qualitative content analysis according to Mayring. Three themes related to time emerged regarding the escalation or de-escalation of therapies: influence of time on prognosis, time as a scarce resource and timing in regards to decision making. The study also reveals the ambivalence of time as a norm for decision making. The challenge of dealing with time-related efforts in ICU care results from the tension between the need to wait to optimise patient care, which must be balanced against the significant time pressure which is characteristic of the ICU setting. (shrink)

Volume 20, Issue 6, June 2020, Page 80-82.

Quantitative research has called attention to the burden associated with informal caregiving in home nursing arrangements. Less emphasis has been placed, however, on care recipients’ subjective feelings of being a burden and on caregivers’ willingness to carry the burden in home care. This article uses empirical material from semi‐structured interviews conducted with older people affected by multiple chronic conditions and in need of long‐term home care, and with informal and professional caregivers, as two groups of relevant others. The high burden (...) of home‐care arrangements is unanimously stressed by all three groups involved in the triangle of care. An empirical‐ethical investigation of what can be legitimately expected from family members and informal caregivers, informed by Frith's symbiotic empirical ethics approach, was undertaken. Key tenets from the special goods theory and nursing professionalism are used as analytical tools. The study concludes that the current situation may hinder professional development and can reinforce feelings of being a burden to relevant others. (shrink)

Definition of the problem Interprofessional learning of nursing trainees and medical students offers numerous opportunities for future cooperation aiming to provide high-quality care for patients. Arguments Expert panels, therefore, demand early integration of interprofessional teaching and learning structures in order to be able to achieve effective and sustainable improvements in practice. In Germany, interprofessional learning formats are increasingly used in undergraduate education of the two professions in selected—compulsory and optional—themes and courses. Conclusion So far, the field of health care ethics (...) has scarcely been taken into consideration. The article examines the situation of interprofessional ethics teaching in Germany and highlights its opportunities and limitations against the background of a pilot project. (shrink)

Interprofessionelles Lernen von Auszubildenden der Pflegeberufe sowie Medizinstudierenden bietet vielfältige Chancen für die zukünftige Zusammenarbeit mit dem Ziel einer qualitativ hochwertigen Versorgung von Patient*innen. Expert*innengremien fordern daher eine frühzeitige Integration von interprofessionellen Lehr- und Lernformaten, um effektive und nachhaltige Verbesserungen in der Praxis erreichen zu können. In Deutschland wird interprofessionelle Lehre in der grundständigen Ausbildung der zwei Professionen in wachsendem Umfang in ausgewählten Fächern – obligat oder fakultativ – eingesetzt. Der Bereich der Ethik im Gesundheitswesen wird dabei bislang jedoch kaum (...) berücksichtigt. Der Beitrag untersucht die Situation interprofessioneller Ethiklehre in Deutschland und beleuchtet deren Möglichkeiten und Grenzen vor dem Hintergrund eines Pilotprojektes. (shrink)

Zusammenfassung Ausgehend von den Erfahrungswerten sechs Klinischer Ethiker*innen an Universitätsklinika in Deutschland wurde eine strukturierte Auseinandersetzung mit dem Arbeitsfeld der Fortbildungen im Rahmen der Klinischen Ethikarbeit vorgenommen. Die Zusammenarbeit wurde von der Fragestellung geleitet, was bei der Konzeption einer Ethik-Fortbildung innerhalb einer Einrichtung zu berücksichtigen ist. Der methodische Zugang zur Beantwortung der explorativen Fragestellung bestand in einem mehrstufigen, deskriptiven Verfahren, das alternierend in gemeinsamen Arbeitssitzungen und individueller Arbeit zwischen den Sitzungen umgesetzt wurde. Als Resultat zeigt der Aufsatz eine Übersicht über (...) die Bandbreite möglicher Fortbildungsformate auf, die denjenigen Hilfestellung bieten kann, die in ihrer Einrichtung Fortbildungen zu ethischen Themen konzipieren und durchführen wollen. Darüber hinaus bietet er einen Überblick über die bei der Umsetzung jeweils zu berücksichtigenden _direkt strukturierenden_ sowie _indirekt strukturierenden_ Merkmale. Es wird an Beispielen aufgezeigt, welche Formatvarianten sich in Kombination mit welchen direkt strukturierenden Merkmalen in den ausgewählten Universitätsklinika bewährt haben. Der Beitrag liefert eine Diskussionsgrundlage, um die strukturierte Auseinandersetzung mit konzeptionellen Fragen ethischer Fortbildung in der Klinik zu befördern. (shrink)

Background Migrant live-in care workers are a main pillar of long-term care in many countries, including Germany. Several studies examining their working and living conditions reveal serious problems. However, a key element of live-in arrangements, namely the relationship between the individuals involved, has not yet been systematically investigated from an ethical perspective. Aim Building on previous socioempirical work that explored and set out the meaning of “care networks”, we start from the premise that live-ins are embedded in a network of (...) relationships which are essential for their employment and living situation. Methods The theoretical analysis draws on a network approach that takes care–ethical considerations into account. Using Joan Tronto’s four care–ethical phases, existing dependencies are described and reflected upon using the corresponding four care–ethical dimensions. The central questions are how dependencies in the live-in arrangement can be characterised based on the existing body of empirical studies and with a focus on the elements of power, dependency and trust in the ethical reflection on care. Results Based on this analysis, it becomes apparent that the ambivalence resulting from the simultaneity of different forms of asymmetry and mutual dependence is omnipresent in live-in arrangements and gives rise to seemingly contradictory forms of relationships and emotions. Responsibilities are vague and are constantly renegotiated on the basis of implicit assumptions and problematic role expectations and are also assigned without negotiation. Conclusions In the future, it will not only be necessary to better understand and clarify responsibilities at the micro level of the individual care arrangement from the various positions and roles and with a view to the changing processes of caring for another, but also to address the pressing ethical questions and problems in live-in arrangements at the meso and macro levels—enriched by care–ethical perspectives. (shrink)

Die COVID-19 Pandemie stellt eine beträchtliche Herausforderung für die Kapazität und Funktionalität der Intensivversorgung dar. Dies betrifft nicht nur Ressourcen, sondern vor allem auch die körperlichen und psychischen Grenzen von Pflegefachpersonen. Der Frage, wie sich Fürsorge und Selbstsorge von Pflegefachpersonen auf Intensivstationen im Rahmen der COVID-19 Pandemie zueinander verhalten, wurde bislang im öffentlichen und wissenschaftlichen Diskurs keine Aufmerksamkeit geschenkt. Der vorliegende Beitrag reflektiert dieses Verhältnis mit Hilfe des Ethikkodex des International Council of Nurses, unter besonderer Berücksichtigung der Prinzipienethik und der (...) Care-Ethik nach Joan Tronto und zeigt einen Korridor ethisch vertretbarer Pflege auf.Die Arbeit leistet damit einen wichtigen Beitrag zu einer differenzierten ethischen Betrachtung der Rechte und Verantwortlichkeiten von Pflegefachpersonen als moralischen Akteuren innerhalb des Pandemiegeschehens in Deutschland. Damit schafft er eine erste Voraussetzung für einen breiten gesellschaftlichen und politischen Diskurs, der über die Pandemie hinaus dringend notwendig ist, um die Situation der Pflegefachpersonen und der Gepflegten nachhaltig zu verbessern. (shrink)

The glaring lack of formal and informal caregivers in Germany has not only become apparent in hospitals and nursing homes but also in home care arrangements. One tension is particularly pertinent in such arrangements: a ‘family-oriented’ logic of the long-term care insurance and the individual wishes of those in need of care meet the actual possibilities of family carers. This care gap has been compensated for by 24-hour care workers, so-called ‘live-ins’, from Eastern Europe for some years. This contribution maps (...) the ‘live-ins’ situation comprehensively from an ethical perspective. Based on different constellations regarding the ‘live-ins’ status as a professional nurse or non-professional caregiver, which ethical principles and moral norms are affected by whom and potentially conflict with each other in such home care arrangements at a micro and meso level of care are outlined. Special attention is paid to the tension between self-care and care for others, and to questions of the shared responsibility in and social responsibility of those external services that are involved in home care in addition to the ‘live-in’. In order to uncover, understand and influence the current ethical problems, an ethical framework that considers both the divergent interests of all individuals involved in the home care arrangement and their mutual dependency and vulnerability is needed. (shrink)

Background: Nosocomial infections represent a serious challenge for healthcare systems worldwide. Adherence to hand hygiene plays a major role in infection prevention and control. These adherence rates can be improved through behaviour tracking innovations. This requires the systems to be widely implemented and accepted. Therefore, both a systematic analysis of the normative issues related and the evaluation of technology acceptance are equally important. Objectives: To explore and describe relevant aspects regarding the acceptance of technology and ethical implications using a tracking (...) device to measure and improve adherence to hand hygiene. Research design: A quantitative study with a descriptive design was performed. Participants and research context: A total of 75 questionnaires were collected in three hospitals in Germany. Acceptance of technology was measured with n = 60 participants and ethical assessment with n = 15 participants. Ethical considerations: Ethical approval for this study was obtained from the institutional review board. Findings: The acceptance of technologies improving hygiene in general was good. The experience with technologies in general and the acceptance of the specific technology ) was moderate. There was a significant positive correlation between the acceptance and experience of technology in general. Ethical concerns played a minor role. The need for practical support was a key topic. Discussion: Study participants accepted technologies improving hygiene; however, the specific device implemented was only moderately accepted. This creates specific opportunities in the implementation process for higher later acceptance. More practical support and an increase in experience may create opportunities for device implementation with high acceptance and low ethical concerns. Conclusion: Study results indicate a vast potential for improving the implementation process of hand hygiene technologies. Ethical concerns in this study did not seem to be a relevant barrier for successful implementation of hand hygiene technologies. (shrink)

Definition of the problem The COVID-19 pandemic poses a considerable challenge to the capacity and functionality of intensive care. This concerns not only resources but, above all, the physical and psychological boundaries of nursing professionals. The question of how care for others and self-care of nurses in intensive care units are related to each other in the context of the COVID-19 pandemic has not been addressed in public and scientific discourse so far. Arguments The present contribution reflects this relationship with (...) reference to the Code of Ethics of the International Council of Nurses, particularly considering principlism and the Care Ethics according to Joan Tronto. As a result, it shows a corridor of ethically justifiable care with several borders, above all: self-care must not be given up completely for the benefit of care for others, and a categorical subordination of care for others to self-care is ethically not justifiable. Conclusion The article makes an important contribution to a differentiated ethical consideration of the rights and responsibilities of intensive care nurses as moral actors within the pandemic in Germany. It, thus, provides a first starting point for a broad social and political discourse which is urgently needed not only during but also after the pandemic in order to improve the situation of intensive care nurses and those who are cared for. (shrink)

Wie verändern sich Mensch und Körper durch Technik? Und welches Menschenverständnis vertritt der Transhumanismus? Anna Puzio befasst sich in der ersten philosophischen Studie zur Anthropologie des Transhumanismus mit führenden Personen des Feldes, u. a. mit Nick Bostrom, David Pearce und Natasha Vita-More. Neben Körperoptimierung und Medizintechnologien beleuchtet sie auch Alltagstechnologien wie Wearables. Dabei entwickelt sie einen neuen Ansatz zur Technikanthropologie und ein neues inklusives Menschen- und Körperverständnis im Anschluss an Donna Haraway und den Kritischen Posthumanismus im amerikanischen Raum.

We can understand implicit bias as a person’s disposition to evaluate members of a social group in a less favorable light than members of another social group, without intending to do so. If we understand it this way, we should not presuppose a one-size-fits-all answer to the question of how implicit cognitive states lead to skewed evaluations of other people. The focus of this paper is on implicit bias in considered decisions. It is argued that we have good reasons to (...) assume that imagination plays a vital role in decision making. If this assumption is correct, it offers an explanation for implicit bias in many considered decisions: Human beings who have been frequently exposed to stereotypes have stereotype-congruent expectations as part of their background knowledge. They feed into their imagination, sometimes without their awareness. This model would allow us to explain the key characteristics of implicit bias without recurring to any unconscious attitudes over and above such background knowledge. (shrink)

This book intervenes in the field of intersectionality studies: the integrative examination of the effects of racial, gendered, and class power on people’s lives. While “intersectionality” circulates as a buzzword, Anna Carastathis joins other critical voices to urge a more careful reading. Challenging the narratives of arrival that surround it, Carastathis argues that intersectionality is a horizon, illuminating ways of thinking that have yet to be realized; consequently, calls to “go beyond” intersectionality are premature. A provisional interpretation of intersectionality can (...) disorient habits of essentialism, categorial purity, and prototypicality and overcome dynamics of segregation and subordination in political movements. -/- Through a close reading of critical race theorist Kimberlé Williams Crenshaw’s germinal texts, published more than twenty-five years ago, Carastathis urges analytic clarity, contextual rigor, and a politicized, historicized understanding of this widely traveling concept. Intersectionality’s roots in social justice movements and critical intellectual projects—specifically Black feminism—must be retraced and synthesized with a decolonial analysis so its radical potential to actualize coalitions can be enacted. (shrink)

The growing abundance of medical technologies has led to laments over doctors’ sensory de-skilling, technologies viewed as replacing diagnosis based on sensory acumen. The technique of percussion has become emblematic of the kinds of skills considered lost. While disappearing from wards, percussion is still taught in medical schools. By ethnographically following how percussion is taught to and learned by students, this article considers the kinds of bodies configured through this multisensory practice. I suggest that three kinds of bodies arise: skilled (...) bodies; affected bodies; and resonating bodies. As these bodies are crafted, I argue that boundaries between bodies of novices and bodies they learn from blur. Attending to an overlooked dimension of bodily configurations in medicine, self-perception, I show that learning percussion functions not only to perpetuate diagnostic craft skills but also as a way of knowing of, and through, the resource always at hand; one’s own living breathing body. (shrink)

Governments are widely viewed by academics and practitioners as the key societal actors who are capable of compelling businesses to practice corporate social responsibility. Arguably, such government involvement could be seen as a technocratic device for encouraging ethical business behaviour. In this paper, we offer a more politicised interpretation of government engagement with CSR where “CSR” is not a desired form of business conduct but an element of discourse that governments can deploy in structuring their relationships with other social actors. (...) We build our argument through a historical analysis of government CSR discourse in the Russian Federation. Laclau and Mouffe's social theory of hegemony underpins our research. We find that “CSR” in the Russian government’s discourse served to legitimise its power over large businesses. Using this case, we contribute to wider academic debates by providing fresh empirical evidence that allows the development of critical evaluation tools in relation to governments’ engagement with “CSR”. We find that governments are capable of hijacking CSR for their own self-interested gain. We close the paper by reflecting on the merit of exploring the case of the Russian Federation. As a “non-core”, non-western exemplar, it provides a useful “mirror” with which to reflect on the more widely used test-bed of Western industrial democracies when scrutinising CSR. Based on our findings, we invite other scholars to adopt a more critical, politicised stance when researching the role of governments in relation to CSR in other parts of the world. (shrink)

The aim of this study is to explore the relationship between affectivity and moral experience from a phenomenological perspective. I will start by showing how in a phenomenologically oriented account emotions can be conceived as intentional evaluative feelings which play a role in both moral epistemology and the motivation of moral behaviour. I will then move to discuss a particular kind of affect, "existential feelings" (Ratcliffe in Journal of Consciousness Studies 12(8–10), 43–60, 2005, 2008), which has not been considered so (...) far in the discourse on moral and affective experience. Relying on the notion of pre-intentionality through which Ratcliffe characterizes existential feelings (Inquiry: An Interdisciplinary Journal of Philosophy 53(6), 602–626, 2010) and on some insights into the relationship between affectivity and ethics developed by De Monticelli (2003, 2006), I suggest that key to the role played by existential feelings in moral experience is that they determine the kinds of evaluations that it is possible for us to make and the range of our possibilities of action. I then illustrate and further develop this idea through a phenomenological analysis of some forms of psychopathological experience. More specifically, by considering some experiential features of depression and borderline personality disorder, I claim that, by acquiring an existential character, emotions such as guilt, feelings of isolation, anger and shame can radically alter the structure of the individual evaluative perspective, having a deep impact on both moral judgements and behaviours. (shrink)

Mainly known for its links to the periodical market and radical politics, this article recontextualizes the editorship of William Nicholson (1753–1815) in terms of its roots in the metropolitan natural philosophical circles of the second half of the 18th century as well as its impact on experimenters and men of science after 1797. The article argues that Nicholson's editorship of the Journal of Natural Philosophy, Chemistry, and the Arts was a means to expand his philosophical significance among natural philosophers at (...) home and abroad—and was, in fact, a form of epistemological subversion that challenged the “Banksian Learned Empire.”. (shrink)

According to the PCCP thesis, the probability of a conditional A → C is the conditional probability P. This claim is undermined by Lewis’ triviality results, which purport to show that apart from trivial cases, PCCP is not true. In the present article we show that the only rational, “Dutch Book-resistant” extension of the agent’s beliefs concerning non-conditional sentences A and C to the conditional A → C is by assuming that P = P. In other cases a diachronic Dutch (...) Book against the agent can be constructed. There is a tension between our findings and Lewis’ results, which needs to be explained. Therefore, we present a probability space which corresponds in a natural way to the diachronic Dutch Book—and which allows the conditional A → C to be interpreted as an event in a mathematically sound way. It also allows to formalize the notion of conditionalizing A → C on ¬C which plays a crucial role in Lewis’ proof. Our conclusion is that Lewis’ proof is circular, so it cannot be considered to be a sound argument against PCCP. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 46, no. 2. © 2020 by Feminist Studies, Inc. 489 Anna Romina Guevarra and Maya Arcilla The Source of Actual Terror: The Philippine Macho-Fascist Duterte  What is JUSTICE with the violence you’ve waged  What is FREEDOM? Our people are encaged  What is JUSTICE with the violence you’ve waged?  What is FREEDOM? Our people are encaged  We have nothing to lose—nothing but our (...) chains  We have nothing to lose—nothing but our chains  Ang tao, ang bayan—ngayon ay lumalaban  Ngayon ay lumalaban—ang tao ang bayan 1  We will, we will oust you!  We will, we will oust you! —Lyrics of a chant at a Chicago protest rally, July 8, 20202 On July 8, 2020, in front of the Philippine Consulate of Chicago, a group of activists representing multiple transnational organizations committed to the pursuit of democracy, participated in a Global Day of Action against an Anti-Terrorism Law (ATL) passed in the Philippines five days earlier. This particular rally was led by fierce student and community organizers and workers who loudly proclaimed their opposition to President Rodrigo Duterte’s misogynistic and fascist measures. The epigraph 1. The people, the nation—today they fight / Today they fight—the people, the nation. 2. Song written by Charmaine Balisalisa. 490 Anna Romina Guevarra and Maya Arcilla above captures the lyrics of one young activist’s chant directed at Duterte and choreographed to the tune of Queen’s “We will Rock You.” People followed her steps and gestures rhythmically and in unison, accompanying her chant with sounds from a gangsa (gong), bells, a skateboard tapping the ground, and an empty bucket. There have been multiple protests denouncing Duterte since he assumed power in 2016, but on this particular day, the sense of outrage and urgency was especially palpable in the face of this new law aimed at suppressing dissent. This legislation marked a high point in Duterte’s efforts to exert authoritarian control, and it is significant that opposition to his regime has taken on a specifically feminist character. The Philippines Anti-Terrorism Act of 2020 (Republic Act No. 11479), signed into law on July 3, 2020, amends the Philippines Human Security Act of 2007 by expanding the government’s power and scope for defining what constitutes “terrorism.” It consolidates power through the creation of an Anti-Terrorism Council (ATC) appointed by the President and empowered to act without oversight from the judiciary or legislature. The ATC can order mass arrests without warrants and detain individuals without due process for the mere suspicion of being involved in “terrorist” activities. This Law violates the Philippine Constitution’s Bill of Rights by eliminating free speech, violating the people’s right to privacy, and criminalizing individuals on suspicion of wrongdoing. As the law stipulates, anyone involved in “creating an atmosphere and spreading a message of fear” and “provoking or influencing by intimidation the government or any of its international organizations” will be construed as inciting terrorism. Indeed, this law will continue to erode democratic governance in the country, with some labeling it a “stealth declaration of martial law.”3 As US Congressional Representative Jan Schakowsky (D-IL) noted at the press conference she convened on July 15 to publicly call for the Anti-Terrorism Law’s repeal, “this law represents a new weapon in the administration’s campaign to suppress dissent and will worsen attacks on ordinary people.” 3. Jodesz Gavilan, “‘Stealth Declaration of Martial Law’: Rights Groups Slam Duterte, Anti-Terror Law,” Rappler, July 3, 2020, https://rappler.com/nation /human-rights-groups-statements-duterte-signing-anti-terror-law. Anna Romina Guevarra and Maya Arcilla 491 “A Timeline of Terror”: From “Pride is a Protest” and #JusticeForFabelPineda to #HandsOffGabriela4 A number of prominent feminists and queer rights activists have been targeted under President Duterte in the lead up to the passing of the ATL. On June 26, twenty LGBTQ activists representing Bahaghari, an LGBTQ+ rights organization in the Philippines, were arrested at a Pride rally. These protestors, referred to as the “Pride 20,” were speaking out against the ATL and were immediately arrested.5 A few days later, fifteen-year-old Fabel Pineda from San Juan Ilocos Sur was gunned... (shrink)

Although the moral foundations of voting rights regulations have been the subject of widespread scrutiny, there is one aspect of the debate which has gone largely unquestioned and is currently accepted in every state’s actual voting rights regulations. This is the requirement of prior residence, which stipulates that immigrants are granted the right to vote only once they have lived in the host country for a certain period of time. It is this requirement I call into question in this paper. (...) Taking up the most plausible justifications for this requirement, I aim to put substantial pressure on its moral acceptability by arguing that it is not directly grounded by any of the principles that are currently defended as a means to determine the demos, nor a proxy for some other morally relevant feature, nor a warrantor for abilities held to be significant for the right to vote. (shrink)

In March 1986, a public symposium took place in Heidelberg about the “unresolved potential dangers of genetic engineering”. The event was organized by institutions affiliated with the environmental movement. Choosing this symposium as an example, the article shows how the public appearance of scientists can be understood as a form of political activism. The article shows how specialists from fields as diverse as biology, chemistry, physics, law and political sciences tried to place political messages by putting themselves in the limelight (...) as independent scientists. I argue that the symposium was both: a place of science communication intertwined with political agitation that, as should be noted, happened in a time when the West German government was working on the legislation of genetic engineering, legitimated by relying on independent expertise. It can be concluded that the discourse of scientific independence became a strategic tool in the controversial debate about the uses and dangers of genetic engineering. Thus, it draws attention to a dimension of political-scientific activity which cannot be fully grasped by the concept of ‘the expert’ that is established in the history of science. (shrink)

This article locates a theoretical reflection on the form of legal subjectivity against twenty-first century complexities and pressures, including the structural complexities visible in biotechnological developments, new hybridities and numerous contemporary theoretical and practical manifestations of heterogeneity, multiplicity and complexity emerging in a range of disciplines, including cybernetics, techno-theory, post-humanism and ecology. The author defends the theoretical and critical utility of understanding the legal subject as an explicit (and explicitly limited ) constructus . Criticising the constructed naturalism (and the historical (...) and contemporary exclusions) of the 'human being' of law, the author suggests that the language and concept of the 'legal entity' (rather than that of the 'legal person') draws attention to the patterned 'gap' between law and life (and to related injustices enacted by the form of the materialisation of legal subjectivity) while simultaneously providing the degree of theoretical plasticity now required by the mutable complexities of the twenty-first century and beyond. (shrink)

Among the myriad longstanding political, socioeconomic, and moral debates focused on the fair distribution of health-care resources within the United States, those addressing intergenerational justice tend to produce the most heat and, often, the least amount of light. The familiar narratives tend to be binary ones of opposing generational stakeholders. While a great number of proposed solutions focus on reconfiguring rationing priorities, this paper will instead shift the discourse to intergenerational interdependence, suggesting that these conflict-born moral dilemmas are in important (...) ways false. The alternative view of intergenerational relations defended here is grounded in an interdependent, rather an oppositional, model of human relationships. I argue that this interdependence can best be realized through a deliberate movement toward intergenerational narrative understandings, as well as through physical proximities. I conclude by considering several ongoing intergenerational projects directed at just such a goal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Graffiti and Colonial Unknowing:A Comment on Mishuana Goeman's "Caring for Landscapes of Justice in Perilous Settler Environments"Anna Cookin "caring for landscapes of justice in Perilous Settler Environments," Dr. Goeman shows how the NDN Collective's initiatives, Chemehuevi photographer Cara Romero's Tongvaland project, and the works of Gabrieliño Tongva artist Mercedes Dorame "exemplify communities of care" that work toward "the unmapping of settler terrains" ("Caring for Landscapes" 51). Her address highlights (...) how these cartographic art productions are processes of (re)mapping that challenge colonial spatialities. Drawing on Michi Saagig Nishnaabeg scholar Leanne Betasamosake Simpson's poem "i am graffiti," Goeman frames these art works as Indigenous graffiti, insofar as they are everyday acts of resurgence1 that resist erasure and enact rematriation.My comments aim to articulate how Romero's and Dorame's works both reveal and disrupt a colonial unknowing by showing the cracks of settler colonial spatiality. I take Goeman's address to illustrate that the changing of minds and unsettling of settler identity will not occur through argumentation, facts, and figures alone, but rather through aesthetic and cartographic practices that "provide a way of seeing Indigenous futurities and relationalities" ("Caring for Landscapes" 52).Maps as Tools of Settler ColonialismIn order to highlight how these art practices enact a kind of (re)mapping that breaks through the veneer of colonial permanence, we first need to consider the way mapping transforms land into property in the service of Indigenous erasure and land dispossession. In her address, Goeman offers a short history of what is now called Los Angeles through the lens of dispossession that occurs through "international claiming of property and burgeoning US property law" ("Caring for Landscapes" 53). Tovaangar was divided into Spanish (and [End Page 64] then Mexican) land grants that, after 1846, were "registered under the US as property" (Goeman, "Caring for Landscapes" 53; emphasis added). The Land Act of 1851 "established the domestication of the California landscape under US governance" by legitimating existing Mexican land rights and mapping out territory yet "unclaimed" ("Caring for Landscapes" 54). The mapping of this so-called "unclaimed" territory propelled a violent erasure of California Indians by "establishing new and ongoing commerce centers" ("Caring for Landscapes" 53). Land was transferred into property—as a thing owned—without "the consent of those who … lived on the land since time immemorial, following the settler structure of passing land between Christian nations" ("Caring for Landscapes" 53). By showing how property rights legitimate conquest and violence, Goeman illustrates how mapping has been (and continues to be) an "essential settler-colonial tool to domesticate land in Southern California and propel development" ("Caring for Landscapes" 54). While she demonstrates how the mapping of Tovaangar using 493 hand-drawn Diseños maps served to sever Indigenous communities (and their relationships with land, such as the Gabrieliño Tongva with the San Gabriel Mountains), she emphasizes that this is an ongoing process that has not been left in a distant past. Newer maps that may seem more objective and scientific with "better models of scale or a more realist representation" remain, at their core, maps of dispossession ("Caring for Landscapes" 54).The very desire to objectively determine location by assigning latitude and longitude reveals a colonial spatiality, which "territorialize[s] the physical landscape by manufacturing categories and separating land from people" and conceives of space in terms of property logics (Goeman, "[Re]Mapping Indigenous Presence" 296). In addition to Indigenous land dispossession, this colonial spatiality rejects relationality by creating dualist boundaries between human and non-human, in which land is the raw material for human development and the creation of culture. Cherokee philosopher Brian Burkhart speaks of relationality in terms of locality, which he defines as "being-fromthe-land, knowing-from-the-land, and meaning-from-the-land" (Indigenizing Philosophy xvii). The severing of locality can be understood in terms of the transformation of land as relative to inert matter to be acted upon. Mapping serves as a tool of settler colonial erasure insofar as it delocalizes "land as the relational ground of kinship" into "land as a mere object that only has meaning or value in relation to people" ("Indigenizing Philosophy... (shrink)

Rational choice modeling originating in economics is sweeping across many areas of social science. This paper examines a popular methodological proposal for integrating formal models from game theory with more traditional narrative explanations of historical phenomena, known as “analytic narratives”. Under what conditions are we justified in thinking that an analytic narrative provides a good explanation? In this paper I criticize the existing criteria and provide a set of my own. Along the way, I address the critique of analytic narratives (...) by Jon Elster. (shrink)

Cet article s’intéresse aux ateliers régionaux de production céramique de Chypre à l’époque géométrique. À partir de l’analyse détaillée de la céramique, qui constitue la documentation primaire pour cette époque, et suivant une méthode rigoureuse, on tentera d’identifier et de définir le caractère régional de la production céramique. Cela nous permettra de cerner des modes de développement spécifiques et différenciés selon les régions de l’île. En l’absence de sources écrites pour l’époque chypro-géométrique, cette démarche est susceptible d’éclairer les processus de (...) constitution des royaumes chypriotes du Ier millénaire av. J.-C. (shrink)