Im Mittelpunkt des Beitrags steht das alternative Konfliktlösungsverfahren der Mediation oder Vermittlung. Rechtliche Normen und Institute der Vermittlung, wie der juridische Vergleich oder das Güteverfahren, sollen mit der literarischen Figur der Richter-Mediatorin, namentlich Athene aus der Orestie des Aischylos, in einer doppelbezüglichen Perspektive auf Recht und Literatur verknüpft werden. Die Techniken der Vermittlung werden untersucht, um den Zusammenhang zwischen Recht und Vermittlung zu erhellen, der in einem nicht risikolosen Alternativverhältnis besteht. The contribution focuses upon mediation as an alternative means to (...) resolve conflicts. Considering the interdependence between law and literature, it relates legal norms and institutions of mediation, e.g. amicable settlements or conciliatory proceedings, to the literary figure of the female judge and mediator, especially Athena in Aeschylus's. It examines the techniques of mediation in order to clarify the relation between law and mediation, a relation of alternatives which is not risk-free. (shrink)

The contribution focuses upon mediation as an alternative means to resolve conflicts. Considering the interdependence between law and literature, it relates legal norms and institutions of mediation, e.g. amicable settlements or conciliatory proceedings, to the literary figure of the female judge and mediator, especially Athena in Aeschylus's. It examines the techniques of mediation in order to clarify the relation between law and mediation, a relation of alternatives which is not risk-free.

Ontic structural realists hold that structure is all there is, or at least all there is fundamentally. This thesis has proved to be puzzling: What exactly does it say about the relationship between objects and structures? In this article, I look at different ways of articulating ontic structural realism in terms of the relation between structures and objects. I show that objects cannot be reduced to structure, and argue that ontological dependence cannot be used to establish strong forms of structural (...) realism. At the end, I show how a weaker, but controversial, form of structural realism can be articulated on the basis of ontological dependence. (shrink)

Ethics is a foundational competency in healthcare inherent in everyday nursing practice. Therefore, the promotion of qualified nurses’ and nursing students’ moral competence is essential to ensure ethically high-quality and sustainable healthcare. The aim of this integrative literature review is to identify the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence. The review has been registered in PROSPERO (CRD42023386947) and reported according to the PRISMA guideline. Focusing on qualified nurses’ and nursing students’ moral competence, a (...) literature search was undertaken in January 2023 in six scientific databases: CINAHL, Cochrane Library, PsycINFO, PubMed Medline, Scopus and Web of Science. Empirical studies written in English without time limitation were eligible for inclusion. A total of 29 full texts were retrieved and included out of 5233 citations. Quality appraisal was employed using Joanna Briggs Institute checklists and the Mixed Method Appraisal Tool. Data were analysed using inductive content analysis. Research about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence is limited and mainly explored using descriptive research designs. The contributing factors were identified as comprising two main categories: (1) human factors, consisting of four categories: individual, social, managerial and professional factors, and ten sub-categories; and (2) structural factors, consisting of four categories: educational, environmental, organisational and societal factors, and eight sub-categories. This review provides knowledge about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence for the use of researchers, nurse educators, managers, organisations and policymakers. More research about the contributing factors is needed using complex intervention, implementation and multiple methods designs to ensure ethically sustainable healthcare. (shrink)

This article analyses Simone de Beauvoir’s understanding of temporality in the essays Pyrrhus and Cinéas (1944) and Ethics of Ambiguity (1947) and situates it in relation to the tradition of phenomenology with particular focus on the thought of Martin Heidegger. In Being and Time, Heidegger develops an “ek-static” description of time, a lived experience of time where the past, the future, and the present are united in the authentically grasped moment or Augenblick. The article demonstrates that this notion of temporality (...) is also present in Beauvoir’s essays, and it reinterprets her understanding of the concepts of future and repetition in light of this reading. The article suggests that Beauvoir makes a distinction between authentic and inauthentic attitudes towards the future. It is also suggested that Beauvoir’s accounts of women in terms of immanence or of a repetition of the present that underpins her analysis in The Second Sex should not be taken as ontological, but rather as descriptions of the ways in which time is experienced under oppression. (shrink)

Are laws of nature necessary, and if so, are all laws of nature necessary in the same way? This question has played an important role in recent discussion of laws of nature. I argue that not all laws of nature are necessary in the same way: conservation laws are perhaps to be regarded as metaphysically necessary. This sheds light on both the modal character of conservation laws and the relationship between different varieties of necessity.

In this paper I aim to answer two questions: Can spin be treated as a determinable? Can a treatment of spin as a determinable be used to understand quantum indeterminacy? In response to the first question I show that the relations among spin number, spin components and spin values cannot be captured by a single determination relation; instead we need to look at spin number and spin value separately. In response to the second question I discuss three ways in which (...) the determinables model might be modified to account for indeterminacy, and argue that none of them is fully successful in helping us to understand quantum indeterminacy. (shrink)

Freedom and the subject were guiding themes for Michel Foucault throughout his philosophical career. In this clear and comprehensive analysis of his thought, Johanna Oksala identifies the different interpretations of freedom in his philosophy and examines three major divisions of it: the archaeological, the genealogical, and the ethical. She shows convincingly that in order to appreciate Foucault's project fully we must understand his complex relationship to phenomenology, and she discusses Foucault's treatment of the body in relation to recent feminist (...) work on this topic. Her sophisticated but lucid book illuminates the possibilities that Foucault's philosophy opens up for us in thinking about freedom. (shrink)

The definition of ‘patient’ is commonly taken for granted and considered as obvious, but the term is rather underconceptualised in the literature. In this paper, it will be argued that the criterion of suffering can be considered a sufficient criterion for a parent to be considered a secondary patient when their seriously ill child is receiving medical care (i.e. not necessarily the parents themselves) – these parents are sufferers in virtue of the suffering of others. The nature of parental and (...) child health and well-being is clearly relational and bidirectional, thus also a bidirectional and relational integration of parental and paediatric patient care is necessary. A genuine expansion of the concept ‘patient’ to parents, both practically and theoretically, can help to bring awareness to the closely intertwining, interacting and interdependent vulnerabilities of both parties, the potential conflicts of interests involved, and also to demand support and reduce hurdles, for example, in reimbursement by health insurers. Treating parents as patients will (1) help the affected child (the primary patient), as unhealthy and/or mentally unstable parents are likely to negatively influence a child's treatment and (2) prevent the parents (the secondary patients) from becoming primary patients themselves due to their suffering because of their child's illness. (shrink)

Realists about science tend to hold that our scientific theories aim for the truth, that our successful theories are at least partly true, and that the entities referred to by the theoretical terms of these theories exist. Antirealists about science deny one or more of these claims. A sizable minority of philosophers of science prefers not to take sides: they believe the realism debate to be fundamentally mistaken and seek to abstain from it altogether. In analogy with other realism debates (...) I will call these philosophers quietists. In the philosophy of science quietism often takes a somewhat peculiar form, which I will call naturalistic quietism. In this paper I will characterize Maddy’s Second Philosophy as a form of naturalistic quietism, and show what the costs for making it feasible are. (shrink)

Background Moral courage means courage to act according to individual’s own ethical values and principles despite the risk of negative consequences for them. Research about the moral courage of whistle-blowers in health care is scarce, although whistleblowing involves a significant risk for the whistle-blower. Objective To analyse the moral courage of potential whistle-blowers and its association with their background variables in health care. Research design Was a descriptive-correlational study using a questionnaire, containing Nurses Moral Courage Scale©, a video vignette of (...) the wrongdoing situation with an open question about the vignette, and several background variables. Data were analysed statistically and inductive content analysis was used for the narratives. Participants and research context Nurses as healthcare professionals (including registered nurses, public health nurses, midwives, and nurse paramedics) were recruited from the membership register of the Nurses’ Association via email in 2019. A total of 454 nurses responded. The research context was simulated using a vignette. Ethical considerations Good scientific inquiry guidelines were followed. Permission to use the Nurses’ Moral Courage Scale© was obtained from the copyright holder. The ethical approval and permission to conduct the study were obtained from the participating university and the Nurses’ Association. Findings The mean value of potential whistle-blowers’ moral courage on a Visual Analogue Scale (0–10) was 8.55 and the mean score was 4.34 on a 5-point Likert scale. Potential whistle-blowers’ moral courage was associated with their socio-demographics, education, work, personality and social responsibility related background variables. Discussion and conclusion In health care, potential whistle-blowers seem to be quite morally courageous actors. The results offer opportunities for developing interventions, practices and education to support and encourage healthcare professionals in their whistleblowing. Research is needed for developing a theoretical construction to eventually increase whistleblowing and decrease and prevent wrongdoing. (shrink)

In “Obligations of the Gift,” Lee argues that ethical thinking regarding return of genetic research results has been too narrowly focused on individual consent and participants’ “right to kn...

This article argues that Lara Buchak’s risk-weighted expected utility (REU) theory fails to offer a true alternative to expected utility theory. Under commonly held assumptions about dynamic choice and the framing of decision problems, rational agents are guided by their attitudes to temporally extended courses of action. If so, REU theory makes approximately the same recommendations as expected utility theory. Being more permissive about dynamic choice or framing, however, undermines the theory’s claim to capturing a steady choice disposition in the (...) face of risk. I argue that this poses a challenge to alternatives to expected utility theory more generally. (shrink)

Full ectogenesis as the complete externalization of human reproduction by bypassing the bodily processes of gestation and childbirth can be considered the culmination of genetic and reproductive technologies. Despite its still being a hypothetical scenario, it has been discussed for decades as the ultimate means to liberate women from their reproductive tasks in society and hence finally end fundamental gender injustices generally. In the debate about the application of artificial wombs to achieve gender equality, one aspect is barely mentioned but (...) is of crucial relevance from a medical‐ethical perspective: whether and how could full ectogenesis be justified as a proper use of medicine? After characterizing the technology as a special form of human enhancement and as an extension of medical practice that goes beyond the traditional field of medicine, this paper critically assesses the theoretical possibilities of legitimizing this extension. We identify two ways of justification: either one argues that ectogenesis fulfils a proper goal of medicine (a justification we call pathologization), or one argues that the application of ectogenesis achieves a non‐medical goal (which we call medicalization). Because it is important from a medical‐ethical point of view to avoid an inappropriate instrumentalization or misuse of medicine and thus an undue medicalization of non‐medical problems, a set of necessary conditions has to be met. It is doubtful whether full ectogenesis for non‐medical purposes could fulfil these conditions. Rather, its comprehensive usage could be seen as a revolutionary modification of what it means to be human. (shrink)

As of September 2005, the co-founders of Waste Concern, an organisation dedicated to improving waste recycling in Bangladesh, are considering making a change to their model in order to get approval from the municipal government for a large-scale composting site. Since its inception in 1995, Waste Concern has followed a decentralised composting model whereby each composting site is a small-scale operation processing 3 tons of organic waste per day. In this model, they have relied on land and waste supply from (...) the Dhaka City Council (DCC) municipal government. Now, they are working with Dutch-based World Wide Recycling BV (WWR) to set up a 700-ton per day composting plant, which will enable them to earn tradable certificates for US$11 per ton of reduced methane gas, making it the first in the world to garner credits through composting waste under the United Nations Clean Development Mechanism (CDM). To launch the composting site, they face the hurdle of getting DCC’s approval. They have three alternatives: (1) follow through with the original plan whereby the municipality would supply both the land and waste, which entails waiting for DCC’s approval; (2) purchase the land for the composting site and rely on the municipality for a waste supply; or, (3) purchase the land and take on the responsibility of waste collection themselves. In their considerations, they need to weigh the financial and social aspects and determine an appropriate structure for their organisation. (shrink)

In her book, Oksala shows that the arguments for the ineliminability of violence from the political are often based on excessively broad, ontological conceptions of violence distinct from its concrete and physical meaning and, on the other hand, on a restrictively narrow and empirical understanding of politics as the realm of conventional political institutions.

Evidence shows that during birth women frequently experience unconsented care, coercion, and a loss of autonomy. For many countries, this contradicts both the law and medical ethics guidelines, which emphasize that competent and fully informed women’s autonomy must always be respected. To better understand this discordance, we empirically describe perinatal maternity care providers’ and women’s moral deliberation surrounding coercive measures during birth. Data were obtained from 1-on-1 interviews with providers (N = 15) and women (N = 14), and a survey (...) of women (N = 118). Analyses focused on an in-depth exploration of responses to a question on the permissibility of coercion in birth whose wording was borrowed from a Swiss medical-ethical guideline. Reasons for and against a principle permissibility of coercive measures in birth were grouped into clusters of reasons to build a coherent explanatory framework. Factors considered morally relevant when deliberating on coercion included women’s decisional capacity, beneficence/non-maleficence, authority through knowledge on the part of providers, flaws of the medical system, or the imperative to protect the most vulnerable. Also, we identified various misconceptions, such as the conviction that a pathological birth can justify coercion or that fetal rights can justifiably infringe on women’s autonomy. Information and education on the issue of coercion in birth are urgently needed to enable women to fully exercise their reproductive autonomy, to prevent long-term adverse health outcomes of women and children, and to reconcile the medical vigilance which has lead to a reduction of perinatal morbidity and mortality with women’s enfranchisement in their own care. (shrink)

In 'How Should We Aggregate Competing Claims', Alex Voorhoeve suggests accommodating intuitions about duties in rescue cases by combining aggregative and non-aggregative elements into one theory. In this paper, I discuss two problems Voorhoeve’s theory faces as a result of requiring a cyclic pattern of choice, and argue that his attempt to solve them does not succeed.

We give several characterizations of Schnorr trivial sets, including a new lowness notion for Schnorr triviality based on truth-table reducibility. These characterizations allow us to see not only that some natural classes of sets, including maximal sets, are composed entirely of Schnorr trivials, but also that the Schnorr trivial sets form an ideal in the truth-table degrees but not the weak truth-table degrees. This answers a question of Downey, Griffiths and LaForte.

A growing number of decision theorists have, in recent years, defended the view that rationality is permissive under risk: Different rational agents may be more or less risk-averse or risk-inclined. This can result in them making different choices under risk even if they value outcomes in exactly the same way. One pressing question that arises once we grant such permissiveness is what attitude to risk we should implement when choosing on behalf of other people. Are we permitted to implement any (...) of the rationally permissible risk attitudes, is there some specific risk attitude that is required when choosing for others, or are we required to defer to the risk attitudes of the people on whose behalf we are choosing? This article elaborates on this question, explains its wider practical and theoretical significance, provides an overview of existing answers, and explores how to go about providing a more systematic account of how to choose on behalf of others in risky contexts. (shrink)

Review by: Johanna N. Y. Franklin The Bulletin of Symbolic Logic, Volume 19, Issue 1, Page 115-118, March 2013.

How does literature engage with the legacies of Empire? This article examines how imperial decline and nation building are reflected in textual production after the First World War. With Turkey as a case study, it focuses on the post-imperial narrative as a form of narration dealing with the experience of imperial loss, political contingency and possibilities of national belonging. I argue that Turkey’s post-imperial condition is shaped by coming to terms with the loss of the Ottoman Empire, on the one (...) hand, and a nationalising present embedded in the experience of Western-dominated modernity, on the other. Against this backdrop, I examine essays from the compilations Yaşadığım Gibi (1970, ‘As I lived’) and Beş Şehir (1946, ‘Five Cities’) by Ahmet Hamdi Tanpınar, a key intellectual of the early republican era. The analysis of these post-imperial narratives reveals how Tanpınar tries to root Turkey’s national modernity in selected elements of the imperial past. For Tanpınar, continuity with (Turkified) imperial heritage is a prerequisite for a strong nation-state. (shrink)

Risk-weighted expected utility theory is motivated by small-world problems like the Allais paradox, but it is a grand-world theory by nature. And, at the grand-world level, its ability to handle the Allais paradox is dubious. The REU model described in Risk and Rationality turns out to be risk-seeking rather than risk-averse on one natural way of formulating the Allais gambles in the grand-world context. This result illustrates a general problem with the case for REU theory, we argue. There is a (...) tension between the small-world thinking marshaled against standard expected utility theory, and the grand-world thinking inherent to the risk-weighted alternative. (shrink)

Discourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jürgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism. Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of caring for other individuals, Rehg (...) shows that discourse ethics combines impartiality with solidarity. He provides the first systematic reconstruction of Habermas's theory and explores its relationship to the work of such contemporary philosophers as Charles Taylor. His book articulates a bold alternative to the split between the "right" and the "good" in moral theory and will greatly interest philosophers, social and legal scholars, and political theorists. (shrink)

The magnitude of public concerns about agricultural innovations has often been underestimated, as past examples, such as pesticides, nanotechnology, and cloning, demonstrate. Indeed, studies have proven that the agricultural sector presents an area of tension and often attracts skepticism concerning new technologies. Digital technologies have become increasingly popular in agriculture. Yet there are almost no investigations on the public acceptance of digitalization in agriculture so far. Our online survey provides initial insights to reduce this knowledge gap. The sample represents the (...) German population in terms of gender, age, education and size of place of residence. Results showed that if the potential of digital farming technologies regarding animal welfare and environmental protection was described, respondents reacted positively. Thus, the general attitudes of respondents toward the benefits of DFT were mostly positive. The approval to increasing adoption rates of particular DFT by providing subsidies was also high. Linear regression models showed that the dominant positive influences on respondents’ attitudes toward the benefits of DFT were a generally positive attitude toward farming and a strong trust in farmers in Germany. Confronting respondents with pictures showing DFT resulted in many spontaneous negative associations and general criticism of agricultural production. The latter holds true for DFT in animal husbandry in particular. However, as agriculture as a whole is criticized by many groups in Germany, it is unlikely that benefits from digitalization will significantly increase the public acceptance of agriculture as a whole. (shrink)

Social Epistemology, Volume 25, Issue 3, Page 211-215, July 2011.

This article studies our philosophical understanding of experience in order to question the current political and theoretical dismissal of experiential accounts in feminist theory. The focus is on Joan Scott's critique of experience, but the philosophical issues animating the discussion go beyond Scott's work and concern the future of feminist theory and politics more generally. I ask what it means for feminist theory to redefine experience as a linguistic event the way Scott suggests. I attempt to demonstrate that the consequences (...) that she draws from such a theoretical move are both philosophically and politically problematic. A critical study of the evidence of experience does not have to imply metaphysical or epistemological foundationalism, as Scott claims, but on the contrary, such a study is indispensable for challenging them. We must hold onto experience as an important resource for contesting sexist discourses and oppressive conceptual schemas. (shrink)

Some scientists are happy to follow in the footsteps of others; some like to explore novel approaches. It is tempting to think that herein lies an epistemic division of labor conducive to overall scientific progress: the latter point the way to fruitful areas of research, and the former more fully explore those areas. Weisberg and Muldoon’s model, however, suggests that it would be best if all scientists explored novel approaches. I argue that this is due to implausible modeling choices, and (...) I present an alternative ‘epistemic landscape’ model that demonstrates the alleged benefits from division of labor, with one restriction. (shrink)

Judgementalism is an interpretation of normative decision theory according to which preferences are all-things-considered judgements of relative desirability, and the only attitudes that rationally constrain choice. The defence of judgementalism we find in Richard Bradley’s Decision Theory with a Human Face relies on a kind of internalism about the requirements of rationality, according to which they supervene on an agent’s mental states, and in particular those she can reason from. I argue that even if we grant such internalism, attitudes other (...) than preferences in the judgementalist sense rationally constrain choice. This ultimately supports a different interpretation of preference. (shrink)

This paper defends revealed preference theory against a pervasive line of criticism, according to which revealed preference methodology relies on appealing to some mental states, in particular an agent’s beliefs, rendering the project incoherent or unmotivated. I argue that all that is established by these arguments is that revealed preference theorists must accept a limited mentalism in their account of the options an agent should be modelled as choosing between. This is consistent both with an essentially behavioural interpretation of preference (...) and with standard revealed preference methodology. And it does not undermine the core motivations of revealed preference theory. (shrink)

In the dynamic choice literature, temptations are usually understood as temporary shifts in an agent’s preferences. What has been puzzling about these cases is that, on the one hand, an agent seems to do better by her own lights if she does not give into the temptation, and does so without engaging in costly commitment strategies. This seems to indicate that it is instrumentally irrational for her to give into temptation. On the other hand, resisting temptation also requires her to (...) act contrary to the preferences she has at the time of temptation. But that seems to be instrumentally irrational as well. I here consider the two most prominent types of argument why resisting temptation could nevertheless be instrumentally rational, namely two-tier and intra-personal cooperation arguments. I establish that the arguments either fail or are redundant. In particular, the arguments fail under the pervasive assumption in both decision theory and the wider literature on practical rationality that the agent’s preferences over the objects of choice are themselves the standard of instrumental rationality. And they either still fail or they become redundant when we give up that assumption. (shrink)

We study the connection between Schnorr triviality and genericity. We show that while no 2-generic is Turing equivalent to a Schnorr trivial and no 1-generic is tt-equivalent to a Schnorr trivial, there is a 1-generic that is Turing equivalent to a Schnorr trivial. However, every such 1-generic must be high. As a corollary, we prove that not all K-trivials are Schnorr trivial. We also use these techniques to extend a previous result and show that the bases of cones of Schnorr (...) trivial Turing degrees are precisely those whose jumps are at least 0". (shrink)

We show that van Lambalgen's Theorem fails with respect to recursive randomness and Schnorr randomness for some real in every high degree and provide a full characterization of the Turing degrees for which van Lambalgen's Theorem can fail with respect to Kurtz randomness. However, we also show that there is a recursively random real that is not Martin-Löf random for which van Lambalgen's Theorem holds with respect to recursive randomness.

This important new collection considers Jurgen Habermas's discourse theory from a variety of feminist vantage points. Feminist scholars have been drawn to Habermas's work because it reflects a tradition of emancipatory political thinking rooted in the Enlightenment and engages with the normative aims of emancipatory social movements. The essays in Feminists Read Habermas analyze various aspects of Habermas's work, ranging from his moral theory to political issues of identity and participation. The contributors share a conviction about the potential significance of (...) Habermas's work for feminist reflections on power, norms and subjectivity. (shrink)

Introduction. This study examines differences in students’ perceived value of three artmaking modalities and whether the resulting creative projects offer similar or different insights into medical students’ professional identity formation. Methods. Mixed-methods design using a student survey, student narrative comments and qualitative analysis of students’ original work. Results. Poetry and comics stimulated insight, but masks were more enjoyable and stress-reducing. All three art modalities expressed tension between personal and professional identities. Discussion. Regardless of type of artmaking, students express concern about (...) encroachments of training on personal identity but hoped that personal and professional selves could be integrated. (shrink)

Habermas’ account of the radically intersubjective constitution of subjectivity is of great use to feminist theorists, as is his defense of the rational character of normative claims. Feminists must however, reject his reductive identification of subjectivity with language and rationality. Some feminists’ concerns insist on continuing to distinguish morality from legality, something that Habermas, despite his own better intuitions and arguments, is sometimes disinclined to do.

Camill Leberer (geb. 1953) gehört zu den profiliertesten deutschen Bildhauern seiner Generation. Das vorliegende Buch untersucht seine durch die Verwendung von Stahl und Glas ausgezeichneten Plastiken erstmals unter dem Aspekt der Immaterialität. Dazu werden Bezüge zur amerikanischen Light and Space Bewegung, zu amerikanischen wie deutschen Stahlkünstlern und zur Gruppe Zero erarbeitet. Unter anderem durch diese wird das ästhetische Prinzip Immaterialität im Werk Leberers anhand der Informationsästhetik Max Benses kunsthistorisch eingeordnet.