This book involves an in-depth analysis of the ethical, political and philosophical issues related to health-oriented screening programs.

This is part 2 och an interview with Prof. J. Conant, conducted by Niklas Forsberg. This article will be published at the end of June 2016.

This is part 2 of an interview with Prof. J. Conant, conducted by Niklas Forsberg.

Name der Zeitschrift: Nordic Wittgenstein Review Jahrgang: 2 Heft: 1 Seiten: 131-160.

This chapter discusses some concerns regarding the effects of enhancement technologies on autonomy and authenticity, insofar as authenticity relates to autonomy. As a preliminary, it describes how enhancement and autonomy should be understood in this context along with some examples of enhancement. The chapter moves on to explain why enhancement can promote autonomy. Three types of concerns regarding the effect of enhancement technologies on autonomy are raised: (i) that medical technologies should not be used to enhance autonomy, since this is (...) not the proper use of such technologies; (ii) that some enhancement technologies are inimical to our authenticity; and (iii) that the widespread use of some enhancement technologies have negative overall consequences on people's autonomy. Different kinds of enhancements typically arouse different kinds of concerns as regards autonomy. These include cognitive, mood, physical, and aesthetic enhancement. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and (...) natural systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

The functional separation of risk assessment and risk management has long been at the heart of risk analysis structures. Equally long it has been criticized for creating technocratic risk management due to valuations being done in the risk assessment to which the stakeholders do not have access. The criticism has mostly been of an ethical nature. Arguably, in separating risk assessment and risk management, one hopes to fulfil two requirements: Social requirement: we want risk management to meet the goals and (...) needs of society. Scientific requirement: we do not want political views to influence the assessment of facts. We ask in this paper whether it is, in principle, possible to separate risk assessment from risk management. The crucial distinction between risk assessment and risk management we take to be between what kinds of values are involved in them and that separation is meant to shield risk assessment from risk management values and vice versa. Risk assessment is judged to be a scientific activity that should only involve scientific values. We go through a paradigmatic example of good science to see what those scientific values are and whether they are the only ones influencing science. We also present an example of a risk assessment in order to compare it to science. We conclude that the values involved in both science and risk assessment are of the same kind and that they both involve extra-scientific values. The paper ends with a short discussion of whether the above requirements can be met even though risk assessment and risk management are interdependent. (shrink)

In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.

The articles included in this thesis centre on what can be called the normative basis of risk analysis. Since risk analyses are decision procedures, they should adhere to norms of rational decision-making, and this they do. Most risk analysis schemes are built on a notion of the decision theoretic maxim that the goal of every decision is to maximize expected utility. However, for some thirty years now this maxim has been called into question. The idea is not that it is (...) unreasonable in itself, but that the theoretical construct of which it is a consequence is in some way inappropriate. Idealizations of the theories are criticized for being too excessive. They do not properly cover cases where the decision maker has poor or, as it were, imprecise knowledge. These are situations where risks are not only about the consequences of the decision but also there are risks with the knowledge itself, epistemic risks. If it is important for a normative decision theory to be not only ideal as a theoretical construct, but to have, in addition, a prescriptive purpose, that theory should also be applicable to actual decision makers and to somehow deal with epistemic risks. The first two papers are about what kinds of decision theory there are, and how best to construe them. The first describes the differences between normative, descriptive and prescriptive decision theories. The second asks whether there is anything intrinsic to the theory that makes it normative or descriptive. Paper 3 asks on what grounds risk assessment is required to be separated from risk management in the risk analysis process. It is argued that the separation is there to ensure that epistemic values are held apart from non-epistemic values. The paper ends by arguing that, in efforts to improve risk management decision-making, it is more important to be explicit about scientific uncertainty than it is to separate sets of values. Paper 4 argues for a more complete decision-theoretic basis for risk analysis. The contrast here is with the bifurcated process of maximizing expected utility when sufficient knowledge is available and using the precautionary principle in cases where knowledge is more limited. Paper 5 investigates the notion of epistemic risk in detail. (shrink)

Obtaining and sharing genetic information when there is a potential conflict of interest between patients and their relatives give rise to two questions. Do we have a duty to find out our genetic predispositions for disease for the sake of our relatives, or do we have a right to remain ignorant? Do we have a duty to disclose our known genetic predispositions for disease to our relatives? I argue that the answer to both questions is yes, but to a lesser (...) extent than sometimes claimed. (shrink)

Massimiliano Tomba’s Insurgent Universality traces a global history of revolutionary institution-building as ‘theory in action’, pushing radical democracy beyond an ontology of the political. This contribution aims to clarify the place of ‘insurgent institutions’ in Tomba’s work and suggests that an unresolved tension persists between insurgent universality as popular institutions on the one hand, and as a negative dis-ordering on the other. Exploring the promise and limitations of ‘insurgent institutions’ in light of their durability, its first part reads Insurgent Universality (...) alongside Santi Romano, the legal pluralist whose concept of the institution Tomba adopts. Secondly, the article turns to Hannah Arendt’s understanding of authority and Miguel Abensour’s discussion of ‘insurgent institutions’ as two potentially helpful accounts of democratic practice within durational time. Where Tomba remains focused on constellations between moments of rupture, Arendt and Abensour offer a politically generative understanding of durability specific to radical-democratic institutions. (shrink)

We examine the extent to which multiple social identities are associated with enhanced health and well-being in retirement because they provide a basis for giving and receiving social support. Results from a cross-sectional study show that retirees ( N = 171) who had multiple social identities following (but not prior to) retirement report being (a) more satisfied with retirement, (b) in better health, and (c) more satisfied with life in general. Furthermore, mediation analyses revealed an indirect path from multiple social (...) identities to greater satisfaction with retirement and better health through greater provision, but not receipt, of social support to others. These findings are the first to point to the value of multiple group membership post-retirement as a basis for increased opportunities to give meaningful support to others. We discuss the theoretical and practical implications for the management of multiple identities in the process of significant life transitions such as retirement. (shrink)

Zusammenfassung: Der Beitrag systematisiert, kontextualisiert und evaluiert den eigentumstheoretischen Hintergrund der derzeit breit geführten Debatte um bezahlbaren Wohnraum in deutschen Großstädten. Ausgehend von der These, dass hinter der sogenannten ‚Wohnungskrise‘ eigentlich eine ‚Bodenkrise‘ steht, werden drei zentrale Konflikte um die politische Rahmung des Eigentums an Boden diskutiert: die Frage nach dem Gebrauch, der Verwertung und dem Eigentumsschutz. Dabei werden die normativen Potentiale eines immanenztheoretischen, apriorisch pflichtgebundenen Eigentumsverständnisses für eine zeitgemäße Wohnraum- und Bodenpolitik ausgelotet.

What challenges must a principle of need for prioritisations in health care meet in order to be plausible and practically useful? Some progress in answering this question has recently been made by Hope, Østerdal and Hasman. This article continue their work by suggesting that the characteristic feature of principles of needs is that they are sufficientarian, saying that we have a right to a minimally acceptable or good life or health, but nothing more. Accordingly, principles of needs must answer two (...) distributive questions: when do we have sufficient and how should we prioritise among those who do not yet have a sufficiency? Furthermore, it is argued that Roger Crisp’s theory of need, which combines sufficientarianism with prioritarianism below the threshold of need, is better equipped than alternatives to answer these questions as well as meeting the challenges formulated by Hope, Østerdal and Hasman. However, Crisp’s theory faces two major challenges. First, it has to say something about the currency of distribution: a principle of need must be complemented either with a theory on the human good or a theory about the proper goals of health care. Second, it has to say something about where the threshold should be set. However, any attempt to set a threshold seems morally arbitrary in the light of the sufficientarian idea that those just above the threshold never should be given priority over those just below the threshold. (shrink)

Genetic determinism can be described as the attribution of the formation of traits to genes, where genes are ascribed more causal power than what scientific consensus suggests. Belief in genetic determinism is an educational problem because it contradicts scientific knowledge, and is a societal problem because it has the potential to foster intolerant attitudes such as racism and prejudice against sexual orientation. In this article, we begin by investigating the very nature of belief in genetic determinism. Then, we investigate whether (...) knowledge of genetics and genomics is associated with beliefs in genetic determinism. Finally, we explore the extent to which social factors such as gender, education, and religiosity are associated with genetic determinism. Methodologically, we gathered and analyzed data on beliefs in genetic determinism, knowledge of genetics and genomics, and social variables using the “Public Understanding and Attitudes towards Genetics and Genomics” instrument. Our analyses of PUGGS responses from a sample of Brazilian university freshmen undergraduates indicated that belief in genetic determinism was best characterized as a construct built up by two dimensions or belief systems: beliefs concerning social traits and beliefs concerning biological traits; levels of belief in genetic determination of social traits were low, which contradicts prior work; associations between knowledge of genetics and genomics and levels of belief in genetic determinism were low; and social factors such as age and religiosity had stronger associations with beliefs in genetic determinism than knowledge. Although our study design precludes causal inferences, our results raise questions about whether enhancing genetic literacy will decrease or prevent beliefs in genetic determinism. (shrink)

AimsTo examine attitudes towards physician-assisted suicide (PAS) among physicians in Sweden and compare these with the results from a similar cross-sectional study performed in 2007.ParticipantsA random selection of 250 physicians from each of six specialties (general practice, geriatrics, internal medicine, oncology, surgery and psychiatry) and all 127 palliative care physicians in Sweden were invited to participate in this study.SettingA postal questionnaire commissioned by the Swedish Medical Society in collaboration with Karolinska Institute in Stockholm. ResultsThe total response rate was 59.2%. Slightly (...) fewer than half [47.1% (95% CI 43.7–50.5)] of the respondents from the six specialties accepted PAS, which is significantly more than accepted PAS in the 2007 study [34.9% (95% CI 31.5–38.3)]. Thirty-three percent of respondents were prepared to prescribe the needed drugs. When asked what would happen to the respondent’s own trust in healthcare, a majority [67.1% (95% CI 63.9–70.3)] stated that legalizing PAS would either not influence their own trust in healthcare, or that their trust would increase. This number is an increase compared to the 2007 survey, when just over half [51.9% (95% CI 48.0–55.2)] indicated that their own trust would either not be influenced, or would increase.ConclusionsThe study reveals a shift towards a more accepting attitude concerning PAS among physicians in Sweden. Only a minority of the respondents stated that they were against PAS, and a considerable proportion reported being prepared to prescribe the needed drugs for patient self-administration if PAS were legalized. (shrink)

Germany's leading contemporary social theorist provides a definitive analysis of art as a social and perceptual system which not only represents an important intellectual step in discussions of art but also an important advance in systems theory. Luhmann insists on the radical incommensurability between psychic systems (perception) and social systems (communication). Art is a special kind of communication that operates at the boundary between the social system and consciousness in ways that profoundly irritate communication while remaining strictly internal to the (...) social. Each chapter elaborates a particular aspect of the general problem of art's status as a social system. The book draws on a vast body of research in the social sciences, phenomenology, evolutionary biology, cybernetics, and information theory, combined with an intimate knowledge of art history, literature, aesthetics, and contemporary literary theory. The book also engages virtually every major theorist of art and aesthetics from Baumgarten to Derrida. (shrink)

In this article I try to show in what sense Emmanuel Levinas’ ‘ethics as first philosophy’ moves our ethical thinking away from what has been called ‘centrist ethics’. Proceeding via depictions of the structure of Levinasian ethics and including references to examples as well as to some empirical research, I try to argue that human beings always already find themselves within an ethical universe, a space of meaning. Critically engaging with the writings of David Gunkel and Lucas Introna, I try (...) to argue that these thinkers, rather than clarifying, distort our ethical understanding of how we stand in relation to artefacts. Drawing a distinction between how pervasive our ethical relationship to other human beings, and living animals, is and how the nature of artefacts is tied to us, I conclude by indicating that the aspiration to give artefacts an ethical face suggests a fantasy to avoid ethical responsibility and generates what I call a ‘compensatory logic’. (shrink)

This chapter brings together Murdoch’s thoughts about language with other central aspects of her thought such as love, attention, perfectionism and morality. By making clear how Murdoch’s variety of linguistic philosophy differs from contemporary philosophy of language, this paper also shows that Murdoch’s philosophy contains the seeds for a fruitful form of philosophizing which brings the moral and aesthetic dimensions of language into view. “Taking the linguistic method seriously” means making clear the ways in which all concepts belong to a (...) fabric that is changing on a personal level as well as an historical one. One of the things that Murdoch can help us see is that one problem with contemporary philosophy of language, is that it does not take the linguistic method seriously enough. (shrink)

Diversity and psychological health issues at the workplace are pressing issues in today’s organizations. However, research linking the two fields is scant. To bridge this gap, drawing from team faultline research, social categorization theory, and the job-demands resources model, we propose that perceiving one’s team as fragmented into subgroups increases strain. We further argue that this relationship is mediated by task conflict and relationship conflict and that it is moderated by psychological empowerment and task interdependence. Multilevel structural equation models on (...) a two-wave sample consisting of 536 participants from 107 work teams across various industries and work contexts partially supported the hypotheses: Task conflict did indeed mediate the positive relationships between perceived subgroups and emotional exhaustion while relationship conflict did not; effects on stress symptoms were absent. Moreover, contrary to our expectations, neither empowerment, nor task interdependence moderated the mediation. Results indicate that team diversity can constitute a job demand that can affect psychological health. Focusing on the mediating role of task conflict, we offer a preliminary process model to guide future research at the crossroads of diversity and psychological health at work. (shrink)

This article is about the justifiability of accepting worse cost effectiveness for orphan drugs, that is, treatments for rare diseases, in a publicly financed health care system. Recently, three arguments have been presented that may be used in favour of exceptionally advantageous economic terms for orphan drugs. These arguments share the common feature of all referring to considerations of justice or fairness: the argument of the irrelevance of group size, the argument from the principle of need, and the argument of (...) identifiability. It is argued that all of these arguments fail to support the conclusion that orphan drugs should be subsidized to a larger extent than treatments for common diseases. The argument of the irrelevance fails to distinguish between directly and indirectly relevant considerations of fairness or justice. The recent attempt to revive the moral relevance of identifiability has provided no novel reasons to think that identifiability is morally relevant in itself or due to considerations of fairness and justice. The argument from the principle of need does not fail due to any inherent flaw in the principle as such. Rather, this principle can be interpreted in different ways, and none of these interpretations support exceptionally advantageous terms economically for treating rare diseases specifically. It is concluded that we are awaiting justice based reasons for the preferential treatment of orphan drugs. (shrink)

In this paper I construct a system of semantics for classical and intuitionistic propositional logic based on epistemic norms governing belief expansion. Working in the AGM-framework of belief change, I give a generalisation of Gärdenfors’ notion of belief systems which can be defined without reference to a logical consequence operator by using a version of the Ramsey Test. These belief expansion systems can then be used to define epistemic models which are sound and complete for either classical or intuitionistic propositional (...) logic depending on which of the two notions of epistemic validity, identified by Levi and Arló-Costa, is used. Finally, I offer a discussion on how these results can be understood as providing a model theory within the framework of logical expressivism. (shrink)

Die Abschiedsvorlesung von Niklas Luhmann an der Universität Bielfeld 1993 unter dem Titel: "Was ist der Fall?" und "Was steckt dahinter?" - Die zwei Soziologien und die Gesellschaftstheorie.

Language Lost and Found takes as its starting-point Iris Murdoch's claim that "we have suffered a general loss of concepts." By means of a thorough reading of Iris Murdoch's philosophy in the light of this difficulty, it offers a detailed examination of the problem of linguistic community and the roots of the thought that some philosophical problems arise due to our having lost the sense of our own language. But it is also a call for a radical reconsideration of how (...) philosophy and literature relate to each other on a general level and in Murdoch's authorship in particular. (shrink)

Analogously to Kuhn’s and Hanson’s understanding of observation as theory-impregnated, we try to test the hypothesis that observation and interpretation might also be value-impregnated. We use a written examination task for medical students who were asked to read and interpret a text where the authors provide arguments pro et contra euthanasia. Afterwards the students were asked to provide their own reflected opinion on the issue. We found that medical students who were against and indecisive provided interpretations of the text which (...) accorded with their own reflected opinions (P = 0.02), indicating that their interpretations were influenced by their own values. When including those who were pro euthanasia, the association was no longer significant. Although the present investigation was a small pilot-study, we obtained partial support for our hypothesis and have adjusted it to read as follows: observations and interpretations might be value-impregnated for respondents who have rather strong value-based attitudes. We think the adjusted hypothesis deserves to be further examined. (shrink)

Translator's Introduction Political Theory in the Welfare State [Politische Theorie im Wohl- fahrtsstaat] was originally published (Olzog, Munich) in. ...

Die Proklamation der "Postmoderne" hatte mindestens ein Verdienst. Sie hat bekannt gemacht, daß die moderne Gesellschaft das Vertrauen in die Richtigkeit ihrer eige nen Selbstbeschreibungen verloren hat. Auch sie sind jeweils anders möglich. Auch sie sind kontingent gewor den. Wie in der risikoreichen Welt des New Yorker U-Bahn-Netzes drängen sich jetzt die, die darüber reden wollen, an dafür bestimmten Plätzen unter heller Be leuchtung und bei laufenden Fernsehkameras zusammen. Es scheint ums intellektuelle Überleben zu gehen. Aber offenbar nur darum. Und (...) währenddessen geschieht, was geschieht, und die Gesellschaft evoluiert im Ausgang von dem, was erreicht ist, in eine unbekannte Zukunft. Vielleicht hatte das Stichwort der Postmoderne nur eine andere, variantenreichere Beschreibung der Moder ne versprechen wollen, die ihre eigene Einheit nur noch negativ vorstellen kann als Unmöglichkeit eines meta recit. Aber das ließe dann möglicherweise zu viel zu angesichts zahlreicher aktueller Dringlichkeiten, die auf fallen. Wir mögen gern konzedieren, daß es keine ver bindliche Repräsentation der Gesellschaft in der Gesell schaft gibt. Aber das wäre dann nicht das Ende, sondern der Beginn einer Reflexion der Form von Selbstbeob achtungen und Selbstbeschreibungen eines Systems, die im System selbst vorgeschlagen und durchgesetzt werden 7 müssen in einem Prozeß, der seinerseits wieder beob achtet und beschrieben wird. (shrink)

Recently, theorists have pointed to the role of improvisation in practical reasoning and in gaining new moral knowledge. Laura and François Schroeter have gone even further by suggesting an account of competence with evaluative terms based on holistic improvisation. I argue, however, that they fail in their task. Through a challenge of their key claim against Allan Gibbard’s alternative account, I demonstrate that Schroeter and Schroeter provide only partial constraints on competence, and thus that their account lacks the content to (...) provide an alternative to substantive accounts in metaethics such as minimalism and neo-descriptivism. (shrink)