Despite continuing controversies regarding the vital status of both brain-dead donors and individuals who undergo donation after circulatory death (DCD), respecting the dead donor rule (DDR) remains the standard moral framework for organ procurement. The DDR increases organ supply without jeopardizing trust in transplantation systems, reassuring society that donors will not experience harm during organ procurement. While the assumption that individuals cannot be harmed once they are dead is reasonable in the case of brain-dead protocols, we argue that the DDR (...) is not an acceptable strategy to protect donors from harm in DCD protocols. We propose a threefold alternative to justify organ procurement practices: (1) ensuring that donors are sufficiently protected from harm; (2) ensuring that they are respected through informed consent; and (3) ensuring that society is fully informed of the inherently debatable nature of any criterion to declare death. (shrink)

Previously diagnosed by symptoms alone, Alzheimer's disease is now also defined by measures of amyloid and tau, referred to as “biomarkers.” Biomarkers are detectible up to twenty years before symptoms present and open the door to predicting the risk of Alzheimer's disease. While these biomarkers provide information that can help individuals and families plan for long-term care services and supports, insurers could also use this information to discriminate against those who are more likely to need such services. In this article, (...) we evaluate whether state laws prohibit long-term care insurers from making discriminatory or unfair underwriting and coverage decisions based Alzheimer's disease biomarkers status. We report data demonstrating that current state laws do not provide meaningful protections from discrimination by long-term care insurers based on biomarker information. (shrink)

This study examined health professionals’ (HPs) experience, beliefs and attitudes towards brain death (BD) and two types of donation after circulatory death (DCD)—controlled and uncontrolled DCD. Five hundred and eighty-seven HPs likely to be involved in the process of organ procurement were interviewed in 14 hospitals with transplant programs in France, Spain and the US. Three potential donation scenarios—BD, uncontrolled DCD and controlled DCD—were presented to study subjects during individual face-to-face interviews. Our study has two main findings: (1) In the (...) context of organ procurement, HPs believe that BD is a more reliable standard for determining death than circulatory death, and (2) While the vast majority of HPs consider it morally acceptable to retrieve organs from brain-dead donors, retrieving organs from DCD patients is much more controversial. We offer the following possible explanations. DCD introduces new conditions that deviate from standard medical practice, allow procurement of organs when donors’ loss of circulatory function could be reversed, and raises questions about “death” as a unified concept. Our results suggest that, for many HPs, these concerns seem related in part to the fact that a rigorous brain examination is neither clinically performed nor legally required in DCD. Their discomfort could also come from a belief that irreversible loss of circulatory function has not been adequately demonstrated. If DCD protocols are to achieve their full potential for increasing organ supply, the sources of HPs’ discomfort must be further identified and addressed. (shrink)

While acoustic analysis methods have become a commodity in voice emotion research, experiments that attempt not only to describe but to computationally manipulate expressive cues in emotional voice...

Requiring family authorization for apnea testing subtracts health professionals control over death determination, a procedure that has traditionally been considered a matter of clinical expertise alone. In this commentary, we first provide evidence showing that health professionals’ (HPs) disposition to act on death determination without family’s prior consent could be much lower than that referred to by Berkowitz and Garrett (2020). We hypothesize that HPs may have reservations about their own expertise as regards death, and may thus hesitate to impose (...) their views on patients’ families. We then address the theoretical question of clinical expertise in death determination by distinguishing judgments about facts (e.g., the presence or absence of spontaneous breathing) from interpretations given of these facts (i.e., their meaning for the vital status of an individual). We argue that, while clinicians may claim some expert authority on the former, they hold no particular authority on the latter. (shrink)

The bumpy road to institutionalism : Schmitt's way-out of decisionism -- Exploring Schmitt's institutionalism : institutions and normality -- Institutionalist decisionism : law as the shelter of society -- Institution and identity : reassessing Schmitt's political theory -- Schmitt vs. Kelsen : the social ontology of legal life -- Schmitt vs. Hauriou : the politicization of institutionalism -- Schmitt vs. Romano : institutionalism without pluralism? -- Schmitt vs. Mortati : the concretization of the concrete order -- The impossibility of legal (...) indeterminacy -- The inconceivability of legal pluralism. (shrink)

The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable (...) amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment. (shrink)

This article deals with the issue of resignification to advance a hypothesis on the way in which social practices are transformed with recourse to the language of institutions. It first discusses the transition from gay liberation to same-sex marriage equality by exploring the trajectory of homosexuals’ rights claims. The article continues by providing a theoretical interpretation of what brought this shift about, that is, what the author calls a movement ‘from the street to the court’: in both civil law and (...) common law jurisdictions, legal means are increasingly being used by individuals and groups to make their claims audible to political institutions and to society at large. Then, an analysis is offered of the shape that social struggles take when socio-political claims are articulated with recourse to the legal language. The conclusion is that reliance on the law as a device to achieve political goals and construct same-sex group identity risks producing but a feeble resignification of the conventional heterosexual matrix. In light of that, a more effective way to defy this matrix is to create awareness of what is gained and what gets lost in becoming legally visible. (shrink)

Different cell lineages growing in microgravity undergo a spontaneous transition leading to the emergence of two distinct phenotypes. By returning these populations in a normal gravitational field, the two phenotypes collapse, recovering their original configuration. In this review, we hypothesize that, once the gravitational constraint is removed, the system freely explores its phenotypic space, while, when in a gravitational field, cells are “constrained” to adopt only one favored configuration. We suggest that the genome allows for a wide range of “possibilities” (...) but it is unable per se to choose among them: the emergence of a specific phenotype is enabled by physical constraints that drive the system toward a preferred solution. These findings may help in understanding how cells and tissues behave in both development and cancer. In microgravity, cells undergo spontaneous and reversible transitions between different phenotypes. In the absence of physical constraints, living systems could yield bi-stable decisions. On the contrary, physical ‘boundaries’ constrain cells to acquire only a specific configuration by selecting and shaping different gene expression patterns provided by the intrinsic genetic stochasticity. (shrink)

In this study, we examine the influence of senior leadership on firms’ corporate social responsibility. We integrate upper echelons research that has investigated either the influence of the CEO or the top management team on CSR. We contend that functional experience complementarity between CEOs and TMTs in formulating and implementing CSR strategy may underlie differentiated strategies in CSR. We find that when CEOs who have predominant experience in output functions are complemented by TMTs with a lower proportion of members who (...) have experience in output functions, there is a pronounced effect on the community, product, and diversity dimensions of CSR. In turn, when output-oriented CEOs are complemented by output-oriented TMTs, we observe an effect on the employee relations dimension of CSR. Interestingly, we find no influence of CEO-TMT complementarity on the environment dimension of CSR. In general, our empirical results support the relevance of the interaction between CEOs and their TMTs in defining their firms’ CSR profile. (shrink)

Karl Giberson and Mariano Artigas offer an informed analysis on the views of Stephen Jay Gould, Richard Dawkins, Edward O. Wilson, Carl Sagan, Stephen Hawking and Steven Weinberg; carefully distinguishing science from philosophy and religion in the writings of the oracles.

The Somatic Mutation Theory has been challenged on its fundamentals by the Tissue Organization Field Theory of Carcinogenesis. However, a recent publication has questioned whether TOFT could be a valid alternative theory of carcinogenesis to that presented by SMT. Herein we critically review arguments supporting the irreducible opposition between the two theoretical approaches by highlighting differences regarding the philosophical, methodological and experimental approaches on which they respectively rely. We conclude that SMT has not explained carcinogenesis due to severe epistemological and (...) empirical shortcomings, while TOFT is gaining momentum. The main issue is actually to submit SMT to rigorous testing. This concern includes the imperatives to seek evidence for disproving one’s hypothesis, and to consider the whole, and not just selective evidence. (shrink)

En este trabajo se analiza el concepto de Estado racional mediante tres perspectivas que de modo explícito o implícito se encuentran en el Fundamento del derecho natural de Fichte. Con la intención de mostrar la centralidad del concepto de Estado, en primer lugar se trata la perspectiva de la superfluidad y sus límites ; en segundo lugar se trata la perspectiva de la coacción, que también brinda un concepto de Estado negativo. En tercer lugar se trata la perspectiva que, sin (...) caracterizarlo negativamente, no obstante no alcanza una comprensión positiva del Estado, donde éste sea el concepto central de la filosofía social, política y económica de Fichte. Finalmente, a partir de El Estado comercial cerrado y Los caracteres de la edad contemporánea se esboza una clasificación sobre los diferentes conceptos de Estado desarrollados y contenidos bajo una unidad de sentido. (shrink)

In this issue of the Report, James L. Bernat proposes an innovative and sophisticated distinction to justify the introduction of permanent cessation as a valid substitute standard for irreversible cessation in death determination. He differentiates two approaches to conceptualizing and determining death: the biological concept and the prevailing medical practice standard. While irreversibility is required by the biological concept, the weaker criterion of permanence, he claims, has always sufficed in the accepted standard medical practice to declare death. Bernat argues that (...) the medical practice standard may be acceptable on the ground that proving circulatory or brain permanence is sufficient to assure complete accuracy for death diagnosis. -/- The topic requires public deliberation: processes to survey people's opinions and mechanisms to channel their opinions into policy-making. What is at stake is the nature of our society. Do we want an expertocracy, in which an enlightened few design policies for the greater good of the majority and exploit the lack of public knowledge to achieve compliance? (shrink)

The American Journal of Bioethics, Volume 11, Issue 8, Page W4-W6, August 2011.

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: (...) religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs. (shrink)

Several studies have explored differences between North American and European doctor patient relationships. They have focused primarily on differences in philosophical traditions and historic and socioeconomic factors between these two regions that might lead to differences in behaviour, as well as divergent concepts in and justifications of medical practice. However, few empirical intercultural studies have been carried out to identify in practice these cultural differences. This lack of standard comparative empirical studies led us to compare differences between France and the (...) USA regarding end-of-life decision-making. We tested certain assertions put forward by bioethicists concerning the impact of culture on the acceptance of advance directives in such decisions. In particular, we compared North American and French intensive care professional's attitudes toward: (1) advance directives, and (2) the role of the family in decisions to withhold or withdraw life-support. (shrink)

This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their dependence on the existence of (...) a widespread normality. I then discuss how the law sees to the preservation and the reproduction of normality by providing a set of categories which are made available to law-abiders to settle disputes when they arise. In doing so, I elucidate the twofold role played by law as both a selective and a creative device. To cast some light on the particular way law operates, I discuss an important decision by the Italian Constitutional Court in 2010, which provides a telling example of how legal officials are able to seal off the set of legal categories and to leave some issues in the sphere of the unspeakable. I then unearth a paradox: while unspeakability reveals a condition of powerlessness, the acquisition of speakability could bring about even harsher exclusionary effects. I conclude by arguing that the entry into the sphere of official law is always a Janus-faced achievement, but can play as an effective instrument of critique. (shrink)

Queer critics talk more and more about a normalization process whereby early lesbian and gay struggles against traditional values and institutions are being replaced by the pursuit of inclusion within mainstream society. The ‘assimilation’ of same-sex practices, critics contend, lowers the critical potential of homosexuals’ claims and marginalizes other less acceptable forms of sexualities. The present article contributes to this literature by tracing the roots and dynamics of normalization. It makes the claim that heteronormative categories infiltrated homosexual culture well before (...) the spread of neoconservative gay movements and produced inner distinctions intended to exclude those who did not fit intergroup classifications. It then maintains that this analysis casts some interesting light on the current quest for gay rights, and in particular for same-sex marriage. By doing so, this article aims to tackle the broader question of how to produce societal changes able to circumvent rearguard reactions from the dominant culture. (shrink)

Este trabajo presenta algunas discusiones preliminares a una reconstrucción de la mecánicacuántica desde una perspectiva estructuralista. Intento responder a la pregunta por lostérminos MQ- no teóricos, es decir, qué magnitudes pueden ser medidas con independenciade la ecuación de Schrödinger y de la regla de Born. Uno de los aspectos relevantes que puedeser analizado una vez que se ha respondido a esta pregunta es el problema de la medición.Dado que el problema de la medición está directamente relacionado con el carácter linealde (...) la evolución temporal del estado dada por la ecuación de Schrödinger, la medición delos valores de aquellos conceptos que no presupongan esta ley no se verá afectada por esteproblema. Si bien esto no responde a todas las preguntas sobre la medición cuántica, indicaun primer paso a dar en la dirección hacia una comprensión más acabada de este problema. (shrink)

Despite frequent reference to the spatial turn, this is the first volume to explicitly address how theory and practice concerning space, is used in a variety of ...

Portuguese introduction to volume 2, issue 2.

Vogel, Beatrix, Umwertung der Menschenwürde–Kontroversen mit und nach Nietzsche. Mit einem Vorwort von Michael von Brück. Freiburg / München, Karl Alber, 2014, 426 págs.

I tackle some major criticisms addressed to Pierre Bourdieu’s notion of habitus by foregrounding its affinities with Ludwig Wittgenstein’s notion of rule-following. To this end, I first clarify the character of the habitus as a theoretical device, and then elucidate what features of Wittgenstein’s analysis Bourdieu found of interest from a methodological viewpoint. To vindicate this reading, I contend that Wittgenstein’s discussion of rule-following was meant to unearth the internal connection between rules and the performative activities whereby rules are brought (...) into life. By portraying rules as tools that allow agents to stabilize and renegotiate practices, I illustrate the active role social agents play in the production of shared accounts of practices. I conclude by showing that, if viewed through this prism, the habitus proves to be meant to provide guidance on how social theory helps historicize and denaturalize the social world. (shrink)

Popper's philosophy is usually interpreted as a fallibilist epistemology that, when applied to the social theory, serves as the foundation of the open society. It is argued here that the reverse is also true, namely that Popper's theory of knowledge has some ethical roots whose analysis provides us with a better understanding of Popper's thought.

¿Cuál es el objeto de nuestro conocimiento? ¿Qué es lo que de hecho conocemos? Este problema epistemológico fue uno de los ejes de las discusiones filosóficas suscitadas dentro del aristotelismo del siglo XIII, y Tomás de Aquino no sólo fue uno de los principales protagonistas de esa querelle filosófica, sino que ha escrito, incluso, alguno de esos capítulos centrales. Uno de esos capítulos es el así llamado ‘‘averroísmo latino’’, fuertemente criticado por Tomás en varias obras, especialmente en el De unitate (...) intellectus contra averroistas. Este artículo examina algunos de los argumentos mediante los cuales Tomás no sólo procura refutar la epistemología de Averroes, sino que, además, postula y desarrolla algunas tesis luego consideradas como características del ‘‘averroísmo’’. Más específicamente, el artículo llama la atención acerca del modo en que Tomás (mal)interpreta la teoría de Averroes del intellectum speculativum (objeto del conocimiento) en términos de su propia teoría de la species intelligibilis (medio o instrumento del conocimiento). (shrink)

Today, technological implants to increase innate human capabilities are already available on the market. Cyborgs, understood as healthy people who decide to integrate their bodies with insideable technology, are no longer science fiction, but fact. The cyborg market will be a huge new business with important consequences for both industry and society. More specifically, cyborg technologies are a unique product, with a potentially critical impact on the future of humanity. In light of the potential transformations involved in the creation of (...) “superhuman” cyborgs, ethics must be a cornerstone of cyborg marketing decisions. Businesses need to take ethics into account, not only to ensure they behave ethically, as always, but also because ethics will be an important factor in buyers’ decisions in the emerging cyborg market. This is because the decision to become a cyborg is determined, among many other factors, by ethical judgment. Our research focuses on how the dimensions of the Composite Multidimensional Ethics Scale influence an individual’s decision to become a cyborg. To test our hypotheses, we surveyed a total of 1563 higher-education students in seven different countries. The results of the survey show that ethical judgment will be a keystone in individual cyborgization. Specifically, ethical dimensions explained 48% of the intention to use cyborg technologies. The ethical analysis showed that not all MES dimensions have the same influence on the ethical judgment regarding this decision. Egoism was the most influential dimension, while contractualism was the least. These findings have important implications for both academia and business. (shrink)

We give a version of L´os’ ultraproduct result for forcing in Kripke structures in a first-order language with equality and discuss ultrafilters in a topology naturally associated to a partial order. The presentation also includes background material so as to make the exposition accessible to those whose main interest is Computer Science, Artificial Intelligence and/or Philosophy.

Today, technological implants to increase innate human capabilities are already available on the market. Cyborgs, understood as healthy people who decide to integrate their bodies with insideable technology, are no longer science fiction, but fact. The cyborg market will be a huge new business with important consequences for both industry and society. More specifically, cyborg technologies are a unique product, with a potentially critical impact on the future of humanity. In light of the potential transformations involved in the creation of (...) “superhuman” cyborgs, ethics must be a cornerstone of cyborg marketing decisions. Businesses need to take ethics into account, not only to ensure they behave ethically, as always, but also because ethics will be an important factor in buyers’ decisions in the emerging cyborg market. This is because the decision to become a cyborg is determined, among many other factors, by ethical judgment. Our research focuses on how the dimensions of the Composite Multidimensional Ethics Scale influence an individual’s decision to become a cyborg. To test our hypotheses, we surveyed a total of 1563 higher-education students in seven different countries. The results of the survey show that ethical judgment will be a keystone in individual cyborgization. Specifically, ethical dimensions explained 48% of the intention to use cyborg technologies. The ethical analysis showed that not all MES dimensions have the same influence on the ethical judgment regarding this decision. Egoism was the most influential dimension, while contractualism was the least. These findings have important implications for both academia and business. (shrink)

As part of the recent rethinking of green politics, the construction of a green democracy has been subjected to increasing scrutiny. There is a growing consensus around deliberative democracy as the preferred model for the realisation of the green programme. As a result several arguments emerge when deliberative principles and procedures are to be justified from a green standpoint. This paper offers a critical assessment of the green case for deliberative democracy, showing that deliberation is being asked to deliver more (...) than it is able to. However, it is suggested that the connection between sustainability, understood as a normative principle, and deliberative procedures may ultimately offer the best grounds for such a defence. (shrink)

Este artículo se refiere a una línea de interpretación de la Fenomenología del Espíritu de Hegel que tiene en Alexandre Kojève a su exponente más conocido e influyente. En ella se privilegian los aspectos antropológico-existenciales e histórico-políticos por sobre los aspectos lógico-sistemáticos de la obra. La exposición se divide en dos partes. La primera está dedicada a la lectura de Hegel realizada por Kojève en su célebre curso dictado entre 1933-1939 en la École Practique des Hautes Études de París, y (...) la segunda se ocupa de su aporte a cinco filósofos directamente influidos por su interpretación. Finalmente concluye con una breve evaluación de estas lecturas. (shrink)

In this paper, the author offers an analysis of the evolution in Mariano Iberico’s moral philosophy that would have happened between two of his publications in the decade of the twenties. In the first publication, Iberico defends a morality of a dualistic type, giving birth to an ideal on the basis of overcoming the existential self along with its interests, needs and urgencies. A metaphysical type of morality would have been the result of such a claim. Six years later, (...) on the other hand, the author presents a morality more understanding of the human contradiction, which does not demand the overcoming of the self as moral ideal, but rather recognizes the value of the individual. The hypothesis of this work suggests that the above mentioned evolution in Iberico’s thought would have originated from the reading of William James and of other authors whom Iberico named ‘romantics’. Furthermore, in a later section, the author shows that such an interpretationof James’ morality comes much closer to the interpretations made by Ralph B.Perry and recently by Ramon del Castillo. (shrink)

To consider that the nature of forgiveness consists in its healing effects on the forgiver overlooks the distinction between the nature of forgiveness and the question about its desirable effects. What I suggest is that the curing effect of forgiveness is an indirectly intended consequence of forgiveness. To forgive mywrongdoer only because this is the way to gain inner peace or to “heal my soul” shows a somewhat utilitarian view on forgiveness. By forgiving the wrongdoer, thevictim extends an attitude of (...) authentic goodwill toward the offender as a person. However, the one who forgives does not extend this attitude toward the action theoffender performed. We can strongly oppose wrong behavior without opposing wrongdoers as persons. (shrink)

The concept of indiscernibility in a structure is analysed with the aim of emphasizing that in asserting that two objects are indiscernible, it is useful to consider these objects as members of (the domain of) a structure. A case for this usefulness is presented by examining the consequences of this view to the philosophical discussion on identity and indiscernibility in quantum theory.

Access to other minds once presupposed other individuals’ expressions and narrations. Today, several methods have been developed which can measure brain states relevant for assessments of mental states without 1st person overt external behavior or speech. Functional magnetic resonance imaging and trace conditioning are used clinically to identify patterns of activity in the brain that suggest the presence of consciousness in people suffering from severe consciousness disorders and methods to communicate cerebrally with patients who are motorically unable to communicate. The (...) techniques are also used non-clinically to access subjective awareness in adults and infants. In this article we inspect technical and theoretical limits on brain–machine interface access to other minds. We argue that these techniques hold promises of important medical breakthroughs, open up new vistas of communication, and of understanding the infant mind. Yet they also give rise to ethical concerns, notably misuse as a consequence of hypes and misinterpretations. (shrink)