Die Pflegequalitätsprüfungen nach § 114 ff SGB XI und die Begehungen der FQA (ehemals Heimaufsicht) wurden mit Abklingen der Pandemie wieder aufgenommen. Trotz der Einführung eines neuen Prüfinstruments führt dies weiterhin zu Irritationen und auch ethisch gerahmten Problemen in der Praxis. Dies war ab Sommer 2021 Gegenstand eines Beratungsprozesses im Ethikbeirat der Hilfe im Alter gGmbH der Inneren Mission München, Diakonie München und Oberbayern und führte zu einer Bearbeitung in der Frühjahrssitzung 2022 mit Vertretern des StMGP (Staatsministerium für Gesundheit und (...) Pflege, heute StMGPP) und des MDB (medizinischer Dienst Bayern, der im Auftrag der gesetzlichen Kranken- und Pflegeversicherung tätige medizinische und pflegerische Beratungs- und Begutachtungsdienst), sowie zu einem konsentierten Papier des Beirats. Die Ziele der Prüfung, die Prozesse dazu in den Einrichtungen und ihre Auswirkungen auf die pflegebedürftigen Menschen und das Pflegepersonal wurden darin unter ethischen Gesichtspunkten thematisiert. Auch wenn die Notwendigkeit einer externen Kontrolle nicht grundsätzlich in Frage gestellt wird, ist der Aufwand für die Indikatorenerhebung, die Herausforderung des Fachgesprächs und die Art und Weise der Ergebnisformulierung weiterhin kritisch zu diskutieren und weiter zu entwickeln. Es zeigt sich die organisationsethische Relevanz der Pflegequalitätsprüfung sowohl hinsichtlich der strukturellen Verankerung im einrichtungseigenen Qualitätsmanagement als auch hinsichtlich der Notwendigkeit einer Beteiligungskultur der Betroffenen. Damit wurde einmal mehr evident, wie wichtig das Anliegen des Ethikbeirats „Betroffene zu Beteiligten zu machen“ für die Mitarbeitenden und die Kultur der Einrichtungen ist, aber auch für alle anderen Ebenen der Versorgung und politischen Willensbildung, die hierfür verantwortlich Entscheidungen treffen. (shrink)

The question I consider is this: -/- The Question: Can two people–who are, and realize they are, intellectually virtuous to about the same degree–both be rational in continuing knowingly to disagree after full disclosure (by each to the other of all the relevant evidence they can think of) while at the same time thinking that the other may well be rational too? -/- I distinguish two kinds of rationality–internal and external–and argue in section 1 that, whichever kind we have in (...) mind, the answer to The Question is ‘yes’ (though that positive answer is less wholehearted in the case of external rationality). Then, in section 2, I briefly make some more general remarks about when discovering a disagreement provides a defeater and when it doesn't. In the final section, I consider an important objection to the answer given in section 1 to The Question. (shrink)

The present paper offers a philosophical discussion of phenomena which in the empirical literature have recently been subsumed under the concept of ‘mental time travel’. More precisely, the paper considers differences and similarities between two cases of ‘mental time travel’, recollective memories (‘R-memories’) of past events on the one hand, and sensory imaginations (‘S-imaginations’) of future events on the other. It develops and defends the claim that, because a subject who R-remembers a past event is experientially aware of a past (...) particular event, while a subject who S-imagines a future event could not possibly be experientially aware of a future particular event, R-memories of past events and S-imaginations of future events are ultimately mental occurrences of two different kinds. (shrink)

_The Infrastructure of Accountability _brings together leading and emerging scholars who set forth an ambitious conceptual framework for understanding the full impact of large-scale, performance-based accountability systems on education. Over the past 20 years, schools and school systems have been utterly reshaped by the demands of test-based accountability. Interest in large-scale performance data has reached an unprecedented high point. Yet most education researchers focus primarily on questions of data quality and the effectiveness of data use. In this bold and thought-provoking (...) volume, the contributors look beneath the surface of all this activity to uncover the hidden infrastructure that supports the production, flow, and use of data in education, and explore the impact of these large-scale information systems on American schooling. These systems, the editors note, “sit at the juncture of technical networks, work practices, knowledge production, and moral order. (shrink)

In their paper "Remembering," first published in the Philosophical Review in 1966, Martin and Deutscher develop what has since come to be known as the Causal Theory of Memory. The core claim of the Causal Theory of Memory runs as follows: If someone remembers something, whether it be "public," such as a car accident, or "private," such as an itch, then the following criteria must be fulfilled: 1. Within certain limits of accuracy he represents that past thing. 2. I f (...) the thing was "public," then he observed what he now represents. If the thing was "private," then it was his. 3. His past experience of the thing was operative in producing a state or successive states in him finally operative in producing his representation. These three statements express the condition which we consider to be separately necessary and jointly sufficient, if an event is to be an instance of remembering. (shrink)

Phantasia is viewed as a unified concept in Aristotle. When the metaphoric meaning of ‘phantisizing’ is excluded, the causal account for all imagination is the same: all phantasiai are motions in the soul caused by sense-perceptions. These are sensory images or imprints that can exist independently from their original source. Their history may be different, and their character and value may vary. Aristotle’s insistence on their sensory nature indicates that he saw them as a unitary phenomenon in the soul, as (...) sensory appearances. (shrink)

ABSTRACT:Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)

In this article, I consider whether Plantinga, in "Where the Conflict Really Lies," is a friend or an opponent of evolutionary science. First, I consider what sorts of things count as opposing evolutionary science. Second, I highlight three key questions, one having to do with whether God is specially involved in evolutionary history, and the other two having to do with the rationale for the answer to the first question. Third, I examine various answers to these three key questions, including (...) Plantinga’s in Where the Conflict Really Lies, and consider which of them are unfriendly to evolutionary science. I close with a few additional questions for Plantinga. (shrink)

The following paper considers one important feature of our experiential or ‘recollective’ memories, namely their spatial perspectival characteristics. I begin by considering the ‘Past-Dependency-Claim’, which states that every recollective memory (or ‘R-memory’) has its spatial perspectival characteristics in virtue of the subject’s present awareness of the spatial perspectival characteristics of a relevant past perceptual experience. Although the Past-Dependency-Claim might for various reasons seem particularly attractive, I show that it is false. I then proceed to develop and defend the ‘Present-Dependency-Claim’, namely (...) the claim that the spatial perspectival characteristics of an R-memory depend on the spatial perspectival characteristics of perceptual experiences that the subject has at the time at which the R-memory occurs. Lastly, I discuss the phenomenon of so-called ‘observer-memories’, which presents a special challenge for any attempt to account for the spatial perspectival characteristics of R-memories. I argue that we have no good reason to deny that the relevant experiences should count as memories, and I show that we can account for the spatial perspectival characteristics of observer-memories with the help of the ‘Present-Dependency-Claim’. More generally, the paper shows that certain events that occur in a subject’s mental life (namely, a subject’s R-memories) are necessarily dependent on other events that occur in the relevant subject’s mental life (namely, on certain perceptual experiences). This more general conclusion in turn should be relevant for any attempt to develop an appropriate account of a subject’s mental life as a whole. (shrink)

Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...) misleading, interactional account of domination that misconceives its structural character. Domination, I maintain, is a structurally constituted form of power. Whether the mugger in the park dominates you or not can only be established by analysing the wider power structures in which your interaction is embedded. (shrink)

Memory can play two quite different roles in grief. Memories involving a deceased loved one can make them feel either enjoyably present, or especially and painfully absent. In this paper, we consider what makes it possible for memory to play these two different roles, both in grief and more generally. We answer this question by appeal to the phenomenological nature of vivid remembering, and the context in which such memories occur. We argue that different contexts can make salient different aspects (...) of memory's phenomenological nature, thus making what is remembered sometimes feel pleasantly 'present' again, and sometimes painfully absent. (shrink)

Sometimes we remember past objects or events in a vivid, experiential way. The present paper addresses some fundamental questions about the metaphysics of such experiential or ‘recollective’ memories. More specifically, it develops the ‘Relational Account’ of recollective memory, which consists of the following three claims. A subject who recollectively remembers a past object or event stands in an experiential relation to the relevant past object or event. The R‐remembered object or event itself is a part of the R‐memory; that is, (...) the subject's present R‐memory is partly constituted by the relevant past object or event. When a subject R‐remembers a past object, the past object is a constitutive part of the conscious experience itself; that is, the object is immediately available to the subject in conscious experience. In developing the Relational Account, the present paper hopes to make a substantial contribution to any attempt to account for the nature of recollective memory. Furthermore, in order to explain how a subject could understand the beliefs that she forms about the past on the basis of an R‐memory, and how a subject could, on the basis of an R‐memory, gain any knowledge about the past, we arguably also need to rely on the Relational Account of recollective memory. Thus, the Relational Account will also play an important role in an attempt to account for various other ways in which a subject might be related to the past in general, and to her own past in particular. Standing in such relations to the past is, in turn, a central feature of our human existence. Ultimately, therefore, the Relational Account of recollective memory should also play a crucial role in furthering our understanding of ourselves, and of our own existence in time. (shrink)

The present article aims to show that a subject can only fully grasp the concept of the past if she has some experiential, or recollective, memories of particular past events. More specifically, I argue that (1) in order for a subject to understand the concept of the past, it is necessary that the subject understand the concept of a particular past event in such a way that it might contribute to her understanding of the concept of the past. (2) But (...) then, in order for a subject to understand the concept of a particular past event in such a way that it might contribute to her understanding of the concept of the past, it is necessary that the subject have some recollective memories of particular past events. (C) Hence, a subject can only understand the concept of the past if she has some recollective memories of particular past events. I defend the premises of the present argument against various objections, indicate why we should accept both premises, and accordingly end by endorsing the argument's conclusion. (shrink)

First published in 1918, this volume was partly based on lectures delivered by Dorothea Jane Stephen at and near Bangalore and was intended to illustrate the considerable influence exercised by the early literature of India on later Indian philosophy and culture. Examining themes of divinity and religion together with morality and human nature, the essays in this book combine to offer a fitting introduction to the importance and far-reaching effects of early Indian thought.

ABSTRACT While multiple crisis phenomena have sparked experimentation with alternative forms of production and consumption on the micro level, it is not clear if and how these alternative practices may become hegemonic and thus displace capitalism as the hegemonic order on the macro level, rather than merely fostering pockets of a solidarity economy within capitalism. This question is hard to research, because it relates to post-capitalist futures rather than actual events or phenomena in the past or present. In this article, (...) I propose a methodological framework for studying the transformative potential of counter-hegemonic initiatives. Building on debates on causality and prediction within Critical Realism, I introduce the concept of ‘ex-ante’ retroduction. Using this mode of reasoning helps to identify possible generative mechanisms for the viability and achievability of alternative futures which can then be empirically investigated. (shrink)

We sometimes experience emotions which are directed at past events (or situations) which we witnessed at the time when they occurred (or obtained). The present paper explores the role which such "autobiographically past-directed emotions" (or "APD-emotions") play in a subject's mental life. A defender of the "Memory-Claim" holds that an APD-emotion is a memory, namely a memory of the emotion which the subject experienced at the time when the event originally occurred (or the situation obtained) towards which the APD-emotion is (...) directed. On this view, APD-emotions might play an important role in our acquiring knowledge about our own past emotions, which renders the view rather attractive. However, as I show in the present paper, none of the various possible versions of the Memory-Claim are tenable. This leaves us with the "Universal-New-Emotion-Claim", according to which all APD-emotions are new emotional responses to the past events (or situations) towards which the relevant APD-emotions are directed. Further consideration of the "Universal-New-Emotion-Claim" shows that while APD-emotions do not play the epistemological role they could have played had some version of the Memory-Claim turned out to be true, a subject's APD-emotions nevertheless do play a vital role in a subject's mental life: they help the subject to develop a balanced sense of self. (shrink)

The present paper considers our ability to ‘shape our own mental lives’; more specifically, it considers the claim that subjects sometimes can and do engage in ‘mental self-regulation’, that is, that subjects sometimes can be, and are, actively involved with their own mental lives in a goal-directed way. This ability of mental self-regulation has been rather neglected by contemporary philosophers of mind, but I show why it deserves careful philosophical attention. In order to further our understanding of the nature of (...) the phenomenon of mental self-regulation and to locate it within the wider context of our everyday lives and the world we live in, I proceed to develop some conditions which need to be met in order for a subject to be able to engage in mental self-regulation. In developing those conditions we find that compared to the physical realm, our mental lives are a rather elusive domain in the face of attempts at intervention, and our ability to intervene in our own mental lives is rather fragile. We also find that our ability to regulate our own mental lives in many cases depends on our possession of mental skills and mental know-how. Both these observations in turn throw new light on our understanding of the nature of the human mind. (shrink)

Capitalism is often modernised and stabilised by its very critics. Gramsci called this paradox a 'passive revolution'. What are the pitfalls through which critique becomes absorbed? This question is taken up using a Cultural Political Economy approach for analysing the resistant potential of 'degrowth discourses' against the neoliberal hegemony. Degrowth advocates an economy without growth in order to achieve the transformation that is necessary in ecological and social terms. It thus does not follow the neoliberal idea of green capitalism that (...) already has absorbed much environmental critique. This paper argues that degrowth needs to be further differentiated in order to draw any conclusions about its counter-hegemonic potential. Three dimensions are identified for differentiating sub-hegemonic from counter-hegemonic degrowth positions: the mode of growth critique, the interpellation of the individual and the subsequent actions motivated. (shrink)

Language and Learning is the latest volume to emerge from the Symposium Hellenisticum conference series. Like its predecessors, this book's alliterative title is a guide to its contents, which in this case examine a range of issues involving the philosophical treatment of language by Hellenistic philosophers (or, in a couple of cases, those preceding or following them), a topic that has been strangely neglected by specialists. And as with other volumes in the series, Language and Learning features a healthy blend (...) of relatively junior scholars and the most senior scholars in the field, all of whom were given expert guidance by the editors. Given the interest of the topic and the high quality of the contributions, it is a welcome addition to the literature on ancient philosophy. (shrink)

Articles in this volume, orginally presented at the 1998 Symposium Hellenisticum in Lille, discuss theological questions that were central to the doctrines of the dominant schools in the Hellenistic age, such as the existence of the gods, their nature, and their concern for humankind.

A psychoanalyst looks at the portrayal of love in poems from Homer to Shakespeare, discusses Freud's writings on love, and examines the relationship between narcissism and love.

Zwischen Johann Gottlieb Fichte, dem Philosophen der „abstrakten Denkkünsteleien“ (Husserl), und Jean-Paul Sartre, dem Existentialisten, der sich von der Phänomenologie faszinieren ließ, weil man damit selbst über ein Glas Bier philosophieren könne, scheinen Welten zu liegen. Umso überraschender ist das Resultat der vorliegenden Studie, die aufzeigt, daß sich wesentliche Argumentationsweisen und Resultate von Sartres Selbstbewußtseinstheorie vor dem Hintergrund der Fichteschen Transzendentalphilosophie interpretieren und einsichtig machen lassen. Während Sartre bisher zumeist mit Husserl, Heidegger oder Hegel in Verbindung gebracht wurde, stellt diese (...) Arbeit die erste Monographie dar, die die Theorie Sartres in _Das Sein und das Nichts_ aus der Perspektive des frühen Fichte in den Blick nimmt. Dessen _Grundlage der gesammten Wissenschaftslehre_ von 1794/95 dient der Autorin als Interpretationsfolie, vor der die grundlegenden Elemente von Sartres Ansatz untersucht werden: Die Konstitution des Für-sich in ihrem apriorischen Bedingungsgefüge, die Endlichkeit des Selbstbewußtseins und dessen Intentionalität, die ursprüngliche Mangelhaftigkeit des Für-sich angesichts des höchsten Werts, das präreflexive Cogito sowie schließlich die Aspekte, die mit dem „Primat des Praktischen“ in Verbindung stehen. Auch wenn der ‚Priester der Freiheit’ des 20. Jahrhunderts den ‚Priester der Wahrheit’ des 18. Jahrhunderts abzulösen scheint, zeigt die Autorin auf, daß Sartre in vielen Punkten als eine Art ‘französischer Fichte’ verstanden werden kann. (shrink)

Abstract: The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively in (...) the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order. (shrink)

The typical rules for truth-trees for first-order logic without functions can fail to generate finite branches for formulas that have finite models–the rule set fails to have the finite tree property. In 1984 Boolos showed that a new rule set proposed by Burgess does have this property. In this paper we address a similar problem with the typical rule set for first-order logic with identity and functions, proposing a new rule set that does have the finite tree property.

The present paper considers the question whether, and if so how, a subject's full attention to an object which she interacts with might have value. More specifically, I defend the claim that in order for a subject's activity to have value, it is sufficient that the subject give her full attention to the object towards which the activity is directed.

In the industrialized countries university research and state-financed research are increasingly evaluated from the point of view of their contribution to technology transfer, industrial innovation, and the competitiveness of national industries. Political debates on the viability of orienting basic research toward practical applications are paralleled by discussions, among social scientists, about the risks and opportunities of political direction over science. These debates are the frame of reference for this study, which analyzes the differences between basic and applied research, their correlates (...) and consequences, in high-temperature superconductor research in the Federal Republic of Germany. It will be shown that basic and applied research are fundamentally different in their social organization, their research goals, and their research strategies. These differences are in contrast to the call of science policy for more intense interaction and assimilation. Nevertheless, there are conditions under which basic or applied re searchers will partially follow "foreign" orientations and strategies. These conditions may, in part, be shaped by policy decisions. (shrink)

Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these concepts when applied in (...) particular to the field of criminal law. (shrink)

Die vorliegende kritische Edition stellt die erste vollständige, alle vier Kollegs umfassende sowie alle verfügbaren Autographen Schleiermachers inkludierende Ausgabe der Vorlesungen zur Psychologie dar. Neben den Manuskripten Schleiermachers aus den Sommersemestern 1818, 1821, 1830 und dem Wintersemester 1833/34 wird zu jedem Kolleg eine Hörernachschrift geboten, womit zugleich erstmalig eine Dokumentation der Vorlesung von 1821 erfolgt. Alle Texte sind philologisch gesichert und chronologisch angeordnet. Durch die Vollständigkeit der Quellen und die textkritischen Apparate geht die Edition weit über die erste Ausgabe der (...) Seelenlehre in den Sämmtlichen Werken hinaus und stellt Grundlagen zur Verfügung, die die Psychologie Schleiermachers wieder ins Bewusstsein der Forschung rücken und neu einordnen können. (shrink)