In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Because no single person or group holds knowledge about all aspects of research, mechanisms are needed to support knowledge exchange and engagement. Expertise in the research setting necessarily includes scientific and methodological expertise, but also expertise gained through the experience of participating in research and/or being a recipient of research outcomes. Engagement is, by its nature, reciprocal and relational: the process of engaging research participants, patients, citizens and others brings them closer to the research but also brings the research closer (...) to them. When translating research into practice, engaging the public and other stakeholders is explicitly intended to make the outcomes of translation relevant to its constituency of users. In practice, engagement faces numerous challenges and is often time-consuming, expensive and ‘thorny’ work. We explore the epistemic and ontological considerations and implications of four common critiques of engagement methodologies that contest: representativeness, communication and articulation, impacts and outcome, and democracy. The ECOUTER methodology addresses problems of representation and epistemic foundationalism using a methodology that asks, “How could it be otherwise?” ECOUTER affords the possibility of engagement where spatial and temporal constraints are present, relying on saturation as a method of ‘keeping open’ the possible considerations that might emerge and including reflexive use of qualitative analytic methods. This paper describes the ECOUTER process, focusing on one worked example and detailing lessons learned from four other pilots. ECOUTER uses mind-mapping techniques to ‘open up’ engagement, iteratively and organically. ECOUTER aims to balance the breadth, accessibility and user-determination of the scope of engagement. An ECOUTER exercise comprises four stages: engagement and knowledge exchange; analysis of mindmap contributions; development of a conceptual schema ; and feedback, refinement and development of recommendations. ECOUTER refuses fixed truths but also refuses a fixed nature. Its promise lies in its flexibility, adaptability and openness. ECOUTER will be formed and re-formed by the needs and creativity of those who use it. (shrink)

This book investigates several dimensions of the concept of cosmopolitanism since Kant. The first of these dimensions is a world vision that considers the construction of a 'cosmopolitan self' as a question of justice. The second is the idea that a local political-legal order is fully democratic only if it respects the environment and the human rights of all people of the world, regardless of their citizenship. The third dimension concerns the practice of crossborder associations between individuals, institutionalized or not (...) (cosmopolitics, as Balibar called it). The fourth considers individuals as subjects of international law, as in the case of individual petitions concerning human rights through the European Court of Human Rights and individual responsibility in international criminal law. Finally, the fifth dimension is a form of ecological consciousness based on the relationship between the self and the cosmos, which would imply a profound revision of modern anthropocentric concepts."--Publisher. (shrink)

BackgroundEngagement is important within cohort studies for a number of reasons. It is argued that engaging participants within the studies they are involved in may promote their recruitment and retention within the studies. Participant input can also improve study designs, make them more acceptable for uptake by participants and aid in contextualising research communication to participants. Ultimately it is also argued that engagement needs to provide an avenue for participants to feedback to the cohort study and that this is an (...) ethical imperative. This study sought to explore the participants’ experiences and thoughts of their engagement with their birth cohort study.MethodsParticipants were recruited from the Children of the 90s (CO90s) study. Qualitative semi-structured interviews were conducted with 42 participants. The interviews were transcribed verbatim, and uploaded onto Nvivo software. They were then analysed via thematic analysis with a constant comparison technique.ResultsParticipants’ experiences of their engagement with CO90s were broadly based on three aspects: communication they received from CO90s, experiences of ethical conduct from CO90s and receiving rewards from CO90s. The communication received from CO90s, ranged from newsletters explaining study findings and future studies, to more personal forms like annual greeting cards posted to each participant. Ethical conduct from CO90s mainly involved participants understanding that CO90s would keep their information confidential, that it was only involved in ‘good’ ethical research and their expectation that CO90s would always prioritise participant welfare. Some of the gifts participants said they received at CO90s included toys, shopping vouchers, results from clinical tests, and time off from school to attend data collection (Focus) days. Participants also described a temporality in their engagement with CO90s and the subsequent trust they had developed for the cohort study.ConclusionThe experiences of engagement described by participants were theorized as being based on reciprocity which was sometimes overt and other times more nuanced. We further provide empirical evidence of participants’ expectation for a reciprocal interaction with their cohort study while highlighting the trust that such an interaction fosters. Our study therefore provides key insights for other cohort studies on what participants value in their interactions with their cohort studies. (shrink)

A argumentação desenvolvida no presente artigo se propõe a defender a interpretação austera do construtivismo em Kant das objeções a ela levantadas por Jeremy Schwartz (2017) em seu artigo _Was Kant a ‘Kantian Constructivist’?_. Tendo isso em vista, primeiramente, procede-se à reconstrução da interpretação de Schwartz para a distinção analítico-sintética na esfera prática a partir da caracterização por contradição e à indicação de objeções para sua aceitação. Na sequência, apresenta-se a caracterização de analiticidade por continência e como esta pode ser (...) transposta para o caso dos imperativos sem resultar em conflitos com a interpretação austera do construtivismo. Por fim, delineiam-se considerações quanto à formalidade dos princípios constitutivos da razão prática e seu escopo, chegando à conclusão de que não se pode estabelecer uma identidade entre construtivismo austero e logicismo prático. (shrink)

We agree with Alfandre and colleagues that ethics guidance for contingency conditions in public health emergencies is urgently needed. The Minnesota COVID Ethics Collabora...

Increasingly, medical educators integrate art-viewing into curricular interventions that teach clinical observation—often with local art museum educators. How can cross-disciplinary collaborators explicitly connect the skills learned in the art museum with those used at the bedside? One approach is for educators to align their pedagogical approach using similar teaching methods in the separate contexts of the galleries and the clinic. We describe two linked pedagogical exercises—Visual Thinking Strategies (VTS) in the museum galleries and observation at the bedside—from “Training the Eye: (...) Improving the Art of Physical Diagnosis,” an elective museum-based course at Harvard Medical School. It is our opinion that while strategic interactions with the visual arts can improve skills, it is essential for students to apply them in a clinical context with faculty support—requiring educators across disciplines to learn from one another. (shrink)

To inform medical education reform efforts, we systematically collected information on the level of arts and humanities engagement in our medical school community. Attitudes regarding incorporating arts and humanities-based teaching methods into medical education and patient care were also assessed. An IRB-approved survey was electronically distributed to all faculty, residents, fellows, and students at our medical school. Questions focused on personal practice of the arts and/or humanities, as well as perceptions of, and experience with formally incorporating these into medical teaching. (...) Of 13,512 community members surveyed, 2,775 responded. A majority of respondents agreed or strongly agreed that medical education and patient care could be "enhanced" by the integration of the arts. There was enthusiastic support for the creation of a formal program in the arts at our medical school. Integration of the arts into medical education may have a role in improving the quality of medical training and would likely be well received by teachers and learners. (shrink)

The present paper draws on climate science and the philosophy of science in order to evaluate climate-model-based approaches to assessing climate projections. We analyze the difficulties that arise in such assessment and outline criteria of adequacy for approaches to it. In addition, we offer a critical overview of the approaches used in the IPCC working group one fourth report, including the confidence building, Bayesian and likelihood approaches. Finally, we consider approaches that do not feature in the IPCC reports, including three (...) approaches drawn from the philosophy of science. We find that all available approaches face substantial challenges, with IPCC approaches having as a primary source of difficulty their goal of providing probabilistic assessments. (shrink)

Biological evolution provides a creative fount of complex and subtle adaptations, often surprising the scientists who discover them. However, because evolution is an algorithmic process that transcends the substrate in which it occurs, evolution’s creativity is not limited to nature. Indeed, many researchers in the field of digital evolution have observed their evolving algorithms and organisms subverting their intentions, exposing unrecognized bugs in their code, producing unexpected adaptations, or exhibiting outcomes uncannily convergent with ones in nature. Such stories routinely reveal (...) creativity by evolution in these digital worlds, but they rarely fit into the standard scientific narrative. Instead they are often treated as mere obstacles to be overcome, rather than results that warrant study in their own right. The stories themselves are traded among researchers through oral tradition, but that mode of information transmission is inefficient and prone to error and outright loss. Moreover, the fact that these stories tend to be shared only among practitioners means that many natural scientists do not realize how interesting and lifelike digital organisms are and how natural their evolution can be. To our knowledge, no collection of such anecdotes has been published before. This paper is the crowd-sourced product of researchers in the fields of artificial life and evolutionary computation who have provided first-hand accounts of such cases. It thus serves as a written, fact-checked collection of scientifically important and even entertaining stories. In doing so we also present here substantial evidence that the existence and importance of evolutionary surprises extends beyond the natural world, and may indeed be a universal property of all complex evolving systems. (shrink)

The purpose of this article is to describe the development of a model of moral distress in military nursing. The model evolved through an analysis of the moral distress and military nursing literature, and the analysis of interview data obtained from US Army Nurse Corps officers (n = 13). Stories of moral distress (n = 10) given by the interview participants identified the process of the moral distress experience among military nurses and the dimensions of the military nursing moral distress (...) phenomenon. Models of both the process of military nursing moral distress and the phenomenon itself are proposed. Recommendations are made for the use of the military nursing moral distress models in future research studies and in interventions to ameliorate the experience of moral distress in crisis military deployments. (shrink)

The purpose of this article is to report what can be learned about nurses’ ethical conflicts by the systematic analysis of methodologically similar studies. Five studies were identified and analysed for: (1) the character of ethical conflicts experienced; (2) similarities and differences in how the conflicts were experienced and how they were resolved; and (3) ethical conflict themes underlying four specialty areas of nursing practice (diabetes education, paediatric nurse practitioner, rehabilitation and nephrology). The predominant character of the ethical conflicts was (...) disagreement with the quality of medical care given to patients. A significant number of ethical conflicts were experienced as ‘moral distress’, the resolution of which was variable, depending on the specialty area of practice. Ethical conflict themes underlying the specialty areas included: differences in the definition of adequacy of care among professionals, the institution and society; differences in the philosophical orientations of nurses, physicians and other health professionals involved in patient care; a lack of respect for the knowledge and expertise of nurses in specialty practice; and difficulty in carrying out the nurse’s advocacy role for patients. (shrink)

Every day nurses are required to make ethical decisions in the course of caring for their patients. Ethics in Nursing Practice provides the background necessary to understand ethical decision making and its implications for patient care. The authors focus on the individual nurse’s responsibilities, as well as considering the wider issues affecting patients, colleagues and society as a whole. This third edition is fully updated, and takes into account recent changes in ICN position statements, WHO documents, as well as addressing (...) current issues in healthcare, such as providing for the health and care needs of refugees and asylum seekers, bioethics and the enforcement of nursing codes. (shrink)

The development of nursing ethics as a field of inquiry has largely relied on theories of medical ethics that use autonomy, beneficence, and/or justice as foundational ethical principles. Such theories espouse a masculine approach to moral decision-making and ethical analysis. This paper challenges the presumption of medical ethics and its associated system of moral justification as an appropriate model for nursing ethics. It argues that the value foundations of nursing ethics are located within the existential phenomenon of human caring within (...) the nurse/patient relationship instead of in models of patient good or rights-based notions of autonomy as articulated in prominent theories of medical ethics. Models of caring are analyzed and a moral-point-of-view (MPV) theory with caring as a fundamental value is proposed for the development of a theory of nursing ethics. This type of theory is supportive to feminist medical ethics because it focuses on the subscription to, and not merely the acceptance of, a particular view of morality. (shrink)

The essays in this book demonstrate the breadth and vitality of American intellectual history. Their core theme is the diversity of both American intellectual life and of the frameworks that we must use to make sense of that diversity. The Worlds of American Intellectual History has at its heart studies of American thinkers. Yet it follows these thinkers and their ideas as they have crossed national, institutional, and intellectual boundaries. The volume explores ways in which American ideas have circulated in (...) different cultures. It also examines the multiple sites--from social movements, museums, and courtrooms to popular and scholarly books and periodicals--in which people have articulated and deployed ideas within and beyond the borders of the United States. At these cultural frontiers, the authors demonstrate, multiple interactions have occurred - some friendly and mutually enriching, others laden with tension, misunderstandings, and conflict. The same holds for other kinds of borders, such as those within and between scholarly disciplines, or between American history and the histories of other cultures.The richness of contemporary American intellectual history springs from the variety of worlds with which it must engage. Intellectual historians have always relished being able to move back and forth between close readings of particular texts and efforts to make sense of broader cultural dispositions. That range is on display in this volume, which includes essays by scholars as fully at home in the disciplines of philosophy, literature, economics, sociology, political science, education, science, religion, and law as they are in history. It includes essays by prominent historians of European thought, attuned to the transatlantic conversations in which Europeans and Americans have been engaged since the seventeenth century, and American historians whose work has carried them not only to different regions in North America but across the North Atlantic to Europe, across the South Atlantic to Africa, and across the Pacific to South Asia. (shrink)

A hermeneutical cloud still dominates ongoing discourse on the meaning and application of הֶבֶל, a crucial weaving thread in the book of Ecclesiastes. The Hebrew Qoheleth, presumably the disguised author, proposes the theological ideology of hebel as the totality of human existence in this book. What does Qohelethintend to achieve by asserting and dismissing everything in human experience as hebel? This article proposes a political and economic reading of Ecclesiastes, holding that the author, from personal observation, saw and addressed life (...) from the point of view of ivory tower aristocrats who sought to control their environment by every means to their benefit. It suggests that a political and economic reading of Ecclesiastes locates another perspective on Qoheleth’s purposes for the use of hebel. As such, it argues that the Qoheleth uses hebel as a literary rhetorical device as an evaluative grid to critique and indict the negative behaviour of the politically powerful and the wealthy, to caution against the reckless abuse of political and economic power to their benefit by those who live in privilege in society, and lastly to give counsel for an appropriate application of such privileged power for the good of society vis-à-vis the transitory, transient and unpredictable nature of human existence. (shrink)

Against the background of a disenfranchised and hopeless exilic Israel, Ezekiel received the vision of ‘Dry Bones’, predicting an eschatological resuscitation and resurrection to life and restoration to the land of Yahweh’s covenant people. This article previews the political, social, economic and moral conditions of many African societies as being in a disenfranchised, hopeless exilic state. It nonetheless argues that the theological essence of Ezekiel’s visionary imagery of ‘Dry Bones’ resonates well with such deteriorating and hopeless African societies. It envisages (...) the semblances, relatedness and relevance of Ezekiel’s hope principle of a restorative eschatological theology as a possible reality for Africa’s hopeless present ‘Dry Bones’ state. Upon this hope principle, the article proposes a theological framework of faith against despondency and despair for the realisation of such eschatological reality for Africa. It holds that God is equally capable of displaying his restorative power and sovereignty to reverse the hopeless conditions of African nations in demonstration of his love, compassion and care as he did for the apparently irreparable condition of exilic Israel. (shrink)

A varietyV satisfies a strong Malcev condition ∃f1,…, ∃fnθ where θ is a conjunction of equations in the function variablesf1, …,fnand the individual variablesx1, …,xm, if there are polynomial symbolsp1, …,pnin the language ofVsuch that ∀x1, …,xmθ is a law ofV. Thus a strong Malcev condition involves restricted second order quantification of a strange sort. The quantification is restricted to functions which are “polynomially definable”. This notion was introduced by Malcev [6] who used it to describe those varieties all of (...) whose members have permutable congruence relations. The general formal definition of Malcev conditions is due to Grätzer [1]. Since then and especially since Jónsson's [3] characterization of varieties with distributive congruences there has been extensive study of strong Malcev conditions and the related concepts: Malcev conditions and weak Malcev conditions.In [9], Taylor gives necessary and sufficient semantic conditions for a class of varieties to be defined by a Malcev condition. A key to the proof is the translation of the restricted second order concepts into first order concepts in a certain many sorted language. In this paper we show that, given this translation, Taylor's theorem is an easy consequence of a result of Tarski [8] and the standard preservation theorems of first order logic. (shrink)

In a crisis, societal needs take precedence over a patient’s best interests. Triage guidelines, however, differ on whether limited resources should focus on maximizing lives or life-years. Choosing between these two approaches has implications for neonatology. Neonatal units have ventilators, some adaptable for adults. This raises the question of whether, in crisis conditions, guidelines for treating extremely premature babies should be altered to free-up ventilators. Some adults who need ventilators will have a survival rate higher than some extremely premature babies. (...) But surviving babies will likely live longer, maximizing life-years. Empiric evidence demonstrates that these babies can derive significant survival benefits from ventilation when compared to adults. When “triaging” or choosing between patients, justice demands fair guidelines. Premature babies do not deserve special consideration; they deserve equal consideration. Solidarity is crucial but must consider needs specific to patient populations and avoid biases against people with disabilities and extremely premature babies. (shrink)

This volume explores the problems and prospects attending evangelical engagement with natural law as a key feature for political thought. Engaging theology, philosophy, political theory and biblical studies, many contributors are optimistic about the prospects of evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.

Book reviewed in this article: Case Studies in Nursing Ethics. By Robert M. Veatch and Sara T. Fry.

Selections (with introductions) intended to introduce college students at all levels of sophistication to philosophical problems which grow naturally out of everyday concerns. Emphasis is on moral and social philosophy with which the student is presumed to be familiar: killing and rescuing, racial and sexual equality, liberty and its limitation, love and sexual behavior. No index. Annotation copyrighted by Book News, Inc., Portland, OR.

At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.

Each decade since 1979, the Healthy People initiative establishes the national prevention agenda and provides the foundation for disease prevention and health promotion policies and programs. Law and policy have been included in Healthy People objectives from the start, but not integrated into the overall initiative as well as possible to potentially leverage change to meet Healthy People targets and goals. This article provides background on the Healthy People initiative and its use among various stakeholder groups, describes the work of (...) a project aiming to better integrate law and policy into this initiative, and discusses the development of Healthy People 2030 — the next iteration of health goals for the nation. Lessons from the preliminary stages of developing Healthy People by the HHS Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 and a Federal Interagency Workgroup will be included. Efforts by the Committee focused on the role of law and policy as determinants of health and valuable resources around health equity are also shared. Finally, the article discusses ways that law and policy can potentially be tools to help meet Healthy People targets and to attain national health goals. (shrink)