A growing number of medical professionals claim a right of conscience, a right to refuse to perform any professional duty they deem immoral—and to do so with impunity. We argue that professionals do not have the unqualified right of conscience. At most they have a highly qualified right. We focus on the claims of pharmacists, since they are the professionals most commonly claiming this right.

In the modern age, the political secret has acquired a bad reputation. With modern democracy’s ideal of transparency, political secrecy is identified with political crime or corruption. The article argues that this repression of secrecy in modern democracies falls short of a substantial understanding of the structure and workings of political secrecy. By outlining a genealogy of political secrecy, it elucidates the logic as well as the blind spots of a current culture of secrecy. It focuses on two fundamental logics (...) of secrecy, deduced from the Latin terms ‘ arcanum’ and ‘ secretum’. Whereas the logic of arcanum regards secrecy as a legitimate dimension of government, a modern logic of secretum is marked by an inextricable dialectics between the withdrawal and communication of knowledge, between secrecy and publicity. Here, the secret is not so much a piece of withheld knowledge as a ‘secrecy effect’ that binds the realm of secrecy to the public sphere by a dialectics of permanent suspicion and scandal. Instead of falling into the trap of this ‘secrecy effect’ it is worth taking a closer look at the tradition of thought on the arcana imperii, from Tacitus to early modern doctrines of raison d’état to Carl Schmitt. What this tradition deals with is the functionality of secrecy and its complicated relation to the law. The arcana tradition elaborates the crucial point of secrecy: its potential, but also its profound ambivalence. Secrecy opens up a discretionary space of action exempt from the rule of law, and, according to Carl Schmitt, ignores the law so as to allow it to become effective. Secrecy serves to protect and stabilize the state, but at the same time it opens a space of exception from the rule of law that breeds violence, corruption and oppression. Instead of seeing secrecy as the opposite of a political culture of transparency, it is more productive to regard secrecy as transparency's complement – a counterpart, however, that is marked by the profound paradox of being both a consolidation of and a threat to democracy. (shrink)

Ethical problems regularly arise during daily care in nursing homes. These include violation of patients' right to autonomy and to be treated with respect. The aim of this study was to investigate how caregivers emphasize daily dialogue and mutual reflection to reach moral alternatives in daily care. The data were collected by participant observation and interviews with seven caregivers in a Norwegian nursing home. A number of ethical problems linked to 10 patients were disclosed. Moral problems were revealed as the (...) caregivers acted in ways that they knew were against patients' interest. We used a theoretical interpretation according to Habermas' discourse ethics on the importance of dialogue when deciding moral courses of action for patients. This theory has four basic requirements: communicative competence, equality, self-determination, and openness about motives. (shrink)

The Problem of Political Normativity Understood as Functional Normativity.

Excerpt: 1. Introduction This chapter provides insight into the diverse ethical debates on genetics and epigenetics. Much controversy surrounds debates about intervening into the germline genome of human embryos, with catchwords such as genome editing, designer baby, and CRISPR/Cas. The idea that it is possible to design a child according to one’s personal preferences is, however, a quite distorted view of what is actually possible with new gene technologies and gene therapies. These are much more limited than the editing and (...) design metaphors suggest. Such metaphors are therefore highly problematic phrases in the context of new gene technologies, for two reasons. On one hand, to design a child of choice by modifying the genome would require modifying any gene of choice, which is more than can be done with current gene technologies, such as CRISPR/Cas. On the other hand, a modification of genes would need to be enough to create any characteristic of choice in the future child. The latter presupposes the assumption of genetic determinism. Moreover, the CRISPR/Cas technology can not only be used in a potentially therapeutic manner at the germline level. In addition, there is the (more likely) scenario of a future clinical therapeutic use of these new gene technologies for modifying the DNA sequence of other cells of the body (somatic genome editing). There is also the option of modifying the epigenome, that is, the spatial configuration of DNA (epigenome editing) (see table 1). Like genetics and genome editing, epigenetics has been at the center of recent popular scientific and ethical discourse as well as scientific debates. The concept of epigenetics has given rise to very different notions of inheritability and responsibility for health, which, however, are oftentimes based on scientifically controversial basic assumptions. That there continues to be covert genetic determinism in the form of epigenetic determinism (see table 2) in debates about epigenetics has been pointed out in ethical analyses of epigenetics. Neither genetic determinism nor epigenetic determinism has been confirmed scientifically. It is therefore important to recognize the concepts that are discussed (and sometimes harshly criticized) in debates about genome editing and epigenetics—for example, concepts about the causal role of DNA for our own life course. This importance is based on the fact that if we understand such controversial concepts, we will be able to remain critical when evaluating scientific knowledge and ethical arguments about genome editing and epigenetics. This chapter, therefore, explains some of these concepts. For an ethical analysis of epigenetics as well as of genome editing, it is necessary to understand and critically reflect upon the underlying concepts of genetic determinism and other, related -isms. The following section offers a detailed introduction to these -isms (section 2; see also table 2). Section 3 provides an ethical analysis of genome editing and epigenetics based on the explanations in section 2. Section 3 focuses on inheritability and responsibility, justice, safety, the problem of consent, and the effects of genome editing and epigenetics on embryos and future generations. This section does not discuss in detail further points that can be found in ethical debates about epigenetics as well as in ethical debates about genome editing. These points include (among others): • fear that the findings of epigenetics and that the methods of genome editing are misused—this also with respect to eugenics and enhancement; • naturalness—an issue we mention in passing a few times in the following analysis; • a possible connection between the genome/epigenome and the concept of human dignity, and the derived danger of instrumentalization and infringement of autonomy when intervening in the genome or epigenome. Since current discourse about ethical issues associated with genome editing focuses mainly on germline interventions, which are, for instance, interventions into a human embryo’s genome, we mainly focus on germline interventions when comparing the debates on genome editing and on epigenetics in section 3. (shrink)

Conscientious objection has spurred impassioned debate in many Western countries. Some Norwegian general practitioners (GPs) refuse to refer for abortion. Little is know about how the GPs carry out their refusals in practice, how they perceive their refusal to fit with their role as professionals, and how refusals impact patients. Empirical data can inform subsequent normative analysis.

Illuminates childrens experiences of embodiment, inter-subjectivity, place, thing, time, and language through a dialogue between developmental research and ...

6 and 14 recently proposed taxonomies that distinguish between four processing states, based on bottom-up stimulus strength and top-down attentional amplification. The aim of the present study was to empirically test these processing states using the priming paradigm. Our results showed that attention and stimulus strength significantly modulated priming effects: either receiving top-down attention or possessing sufficient bottom-up strength was a prerequisite for a stimulus to elicit priming. When both top-down attention and sufficient bottom-up strength were present, the priming effect (...) was boosted. The origins of the observed priming effects also varied between different processing states. We can conclude that our empirical study using the priming paradigm confirmed the presence of four processing states, which displayed a differential pattern of response priming effects and differential origins of the response priming effects. (shrink)

6 and 14 recently proposed taxonomies that distinguish between four processing states, based on bottom-up stimulus strength and top-down attentional amplification. The aim of the present study was to empirically test these processing states using the priming paradigm. Our results showed that attention and stimulus strength significantly modulated priming effects: either receiving top-down attention or possessing sufficient bottom-up strength was a prerequisite for a stimulus to elicit priming. When both top-down attention and sufficient bottom-up strength were present, the priming effect (...) was boosted. The origins of the observed priming effects also varied between different processing states. We can conclude that our empirical study using the priming paradigm confirmed the presence of four processing states, which displayed a differential pattern of response priming effects and differential origins of the response priming effects. (shrink)

Infants who suffer severe neglect fail to thrive emotionally as well as bodily. The absence of early coexistential structures that provide well-being leads to a narrowing of the child's perceptual and social developmental horizon. What is the nature of these early structures? In this essay, an ontology of well-being or housedness is elaborated through phenomenological reflections on breast-feeding and infant perception. Merleau-Ponty's ontology of the flesh makes a contribution to the ontology of well-being: it gives us a conceptual and evocative (...) language to describe human existence in its pre-verbal, syncretic, and non-dualistic manifestations. It also allows for a re-evaluation and re-interpretation of the results of current research in infant perception. Through the structures of infant perception we perceive the coexistential fit between infants, other human beings, and the world of things. An infant's fundamental housedness in the flesh is taken up and cultivated or destroyed by the child's social and cultural environment. (shrink)

Goethe belongs to the phenomenological tradition for a number of reasons: He shared Husserl's deep mistrust of the mathematization of the natural world and the ensuing loss of the qualitative dimension of human existence; he understood that the phenomenological observer must free him/herself from sedimented cultural prejudices, a process which Husserl called the epoche; he experienced and articulated the new and surprising fullness of the world as it reveals itself to the patient and participatory phenomenological observer. Goethe's phenomenological sensibilities and (...) insights become more apparent when his work is brought into dialogue with Husserl's thinking. In turn Goethe challenges Husserlian phenomenology to a more careful investigation of the natural world and human participation within its order. Both Goethe and Husserl are searching for a science of the qualitative dimension of being. (shrink)

The intent of this chapter is to suspend the belief in the goodness of literacy -- our chirographic bias -- in order to gain a deeper understanding of how the engagement with texts structures human consciousness, and particularly the minds of children. In the following pages literacy (a term which in this chapter refers to the ability to read and produce written text) is discussed as a consciousness altering technology. A phenomenological analysis of the act of reading shows the child’s (...) engagement with texts as a perceptual as well as a symbolic event that builds upon but also alters children’s speech acts. Speaking and reading are both forms of language use, but with different configurations of perceptual and symbolic qualities. Children’s literature uses textual technology and, intentionally or not, participates in structuring children’s pre-literate minds. Some of its forms, such as picture books and early readers, are directly intended to bridge the gap between the pre-literate listener and the literate reader and ease the transition into the literate state. It is my hope that the phenomenological analysis of the experiences of speaking and reading might help us understand more clearly how children’s literature impacts the minds of children. Such an analysis can awaken a critical awareness of the power that letters wield as they shape the reader’s psychological reality, and it can sharpen our sense of wonder about the metamorphosis of language from speaking to writing. (shrink)

The late antique rabbis of Roman Palestine were seasoned jurists, experts on exegesis and legal interpretation. Yet rabbinic literature does not theorize. A positive account of rabbinic conceptions of language therefore remains a desideratum. I choose an alternative approach. Legal reasoning relies on language to ground the determinacy of the law. Jurists must thus confront language when it threatens to undermine the latter. Conversely, they may hold language to safeguard legal determinacy. Drawing on insights from legal theory, I turn to (...) an unusual rabbinic rule of inference. Its earliest attested version suggests a universal possibility of inference “from the category of yes that of no, from the category of no that of yes.” I show that the ever-evolving uses of this rule allow us to observe a shift in linguistic attitude, increasingly acknowledging linguistic uncertainty. My findings tie in with recent advances in the study of rabbinic exegesis. (shrink)

Le langage égocentré et son dépassement par la parole. Une étude de l’acquisition du langage inspirée de Merleau-PontyDans les notes de travail du Visible et l’invisible, Merleau-Ponty se proposait d’élucider la nature du dépassement de l’être pré-langagier par la parole. Dans ses cours de la Sorbonne, il avait en outre jeté les fondements théoriques d’une confrontation fructueuse entre la linguistique et la psychologie de l’enfant, en ouvrant un dialogue de fond avec la théorie linguistique et avec les recherches psychologiques de (...) son époque sur l’acquisition du langage. Le phénomène de l’acquisition du langage par l’enfant nous fait assister à la transition de l’être pré-langagier à l’être parlant ; nous y trouvons l’occasion d’une mise en relation de l’incarnation perceptive et charnelle avec le corps parlant qui agit dans le champ symbolique.Cette étude reprend le projet de Merleau-Ponty, en s’appuyant sur les résultats récents de la recherche en matière de développement psycho-linguistique afin de mettre à l’épreuve les thèses merleau-pontiennes sur le langage. L’analyse herméneutique et phénoménologique de trois moments clés de l’acquisition du langage – indication, premiers mots, babil – met en lumière la nature du symbolisme, la fonction interpersonnelle de l’acte de parole et la nature de la grammaire en tant qu’événement diacritique existentiel.Linguaggio egocentrico e oltrepassamento nella parola. Uno studio dell’acquisizione del linguaggio ispirato a Merleau-PontyNelle note di lavoro de Il visibile e l’invisibile Merleau-Ponty si propone di chiarire la rivoluzione che il linguaggio introduce nell’essere pre-linguistico. Valendosi della propria familiarità con la teoria linguistica e con la coeva ricerca psicologica sull’acquisizione del linguaggio da parte dei bambini, nelle sue lezioni alla Sorbonne Merleau-Ponty ha gettato le fondamenta per un fruttuoso dialogo tra la linguistica e la psicologia infantile. Nel fenomeno dell’acquisizione linguistica del bambino assistiamo alla transizione dal pre-linguistico all’essere parlante: ciò fornisce un punto di vista privilegiato sulla connessione tra la percezione, l’incarnazione ed il corpo linguistico che agisce nell’ambito simbolico. Questo contributo riprende il progetto teorico merleaupontiano e guarda alle recenti scoperte nel campo dello sviluppo psico-linguistico per mettere alla prova le tesi di Merleau-Ponty sul linguaggio. Un’analisi ermeneutico-fenomenologicadei tre momenti dell’acquisizione del linguaggio – l’indicazione gestuale, le prime parole, i monologhi infantili nella culla prima di addormentarsi – permette di far luce sulla natura del simbolismo, sulla funzione interpersonale dell’atto linguistico e sulla natura della grammatica come evento esistenziale diacritico. (shrink)

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that (...) accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation. (shrink)

Menschen erfahren und interpretieren die Welt hochst unterschiedlich - die Konzeption von Weltbildern unterliegt vielfaltigen kulturellen und religiosen Pragungen und Einflussen. Dabei kommt der Kunst seit jeher eine wichtige Funktion zu, denn sie verleiht dem jeweiligen Wirklichkeitsverstandnis Ausdruck und vermag es immer wieder neu zu konstituieren. Kunst und Religion uberschreiten mit ihrem Wirklichkeitsverstandnis das bloss Gegebene und Machbare, die Alltagsvorstellung und das Handeln in ihr. Sie fragen daruber hinaus, geben Antworten oder hinterfragen sie, stiften Bedeutung oder Sinnhaftigkeit. Solche Konstituierungen von (...) Wirklichkeit nachvollziehbar zu machen, sie nicht nur vorzustellen, sondern die Leser in lebendige Prozesse hineinzufuhren, ist die Intention dieses interdisziplinaren Dialogs. (shrink)

As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, (...) Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts. (shrink)

Hoffmann onderzoekt het begrip kosmopolitisme: zij gaat in op de relatie tussen het kosmopolitisme en het jodendom en de ontwikkeling van het joods kosmopolitisme.

Time and the body -- Time and the mind -- Time and culture -- Time in our time.

This article examines the relationship between `mass media' representations of love and a model of love which we commonly view as more `realistic', that is more compatible with sharing everyday life with another. The article offers three arguments: (1) the postmodern claim that everyday life in general and romantic love in particular have been colonized by the empty `simulacrum' of mass media resonates with a long-standing Western discussion of the problematic relation between fiction and reality; (2) the relation between mass (...) media representations of love and realistic models of love is reconceptualized as deriving from two conflicting bodily experiences of love; (3) postmodern love is defined as being characterized by a particular crisis of representation in which signifiers and signifieds of love do not match. (shrink)

descent represents a progression in this relationship whereby the Chorus, in finally abandoning their chariot and agreeing to approach Prometheus and listen to him, jeopardize their detachment from him and his fate, offer tentative support, and give him scope to develop his storytelling abilities and apply his persuasive powers. Although this progression does not represent an unequivocal commitment to Prometheus–for the Chorus fluctuate throughout the play between sympathy and reproach for him–it is none the less a crucial step as signalled (...) by the intensity of Prometheus' insistence that they descend and hear his story through to the end. (shrink)

Technological development and increased international competition have imposed a significant burden on the product development function of many companies. The growing complexity of products demands a larger product development team with people having various competencies. Simultaneously the importance of good quality, usability and customisation of products is growing, and many companies want to involve customers and users directly in the development work. Both the complexity and quality demand new ways of working that support collaboration between people with various competencies, interests (...) and responsibilities both inside and outside the company. This paper reports experiences from using action research to introduce new user-centred work practices in two commercial product development projects. The interventions varied. In the first project it was found rewarding to engage customers and users in workshops based on participatory inquiry and collaborative design. The design process was iterative and the workshops took place several times involving concept through detailed design. In the second project, new design representations are introduced. The experiences highlight the importance of creating and reifying insights in design representations and using these to both support collaboration, and create continuity in the project. The paper ends with a discussion of scientific rigor in action research and what the new work practices imply for the development team. (shrink)