There are about 100 different contradictory definitions of life. The definition of life based on symbiosis that is presented here differs fundamentally from them; it gives life a value. So this definition offers a basis for ethical and legal action e.g. in organ transplants. It is based on principles and is not an ad hoc model: Significant processes for life are basis for a theoretical concept. Quality criteria for definitions are employed to control the concept. There (...) is a graduation, not a clear division, between inanimate and animate. The graduation is based on the amount of symbiosis to be found. Life is based on symbiosis. The ideas of “ethics” and “reality” are considered in the context of this definition. (shrink)

Building on a functionalist framework for decision-making in legal translation, a holistic approach to quality is presented in order to respond to the specificities of this field and overcome the shortcomings of general models of translation quality evaluation. The proposed approach connects legal, contextual, macrotextual and microtextual variables for the definition of the translation adequacy strategy, which guides problem-solving and the rest of the translation process. The same parameters remain traceable between the translation brief and the translation product (...) both in pre-delivery revision and in post-delivery assessment. They are the yardstick for identifying predictable evaluative criteria and competence requirements for translators and quality controllers. The implications of the approach on quality assessment and quality management practices are also discussed. Overall, the model illustrates the potential benefits of enhancing predictability and reducing subjectivity on the basis of specific legal translation methodologies. It supports the need for legal translation expertise in quality evaluation and the relevance of Legal Translation Studies to raising standards in professional practice. (shrink)

Are the categories used to study the social world and acting on it real or conventional ? An empirical answer to that question is given by an analysis of the debates about the quality of statistics produced by the European National Institues of statistics in the 1990s. Six criteria of quality were then specified: relevance, accuracy, timeliness, accessibility, comparability and coherence. How do statisticians and users of statistics deal with the tension produced by their objects being both (...) real (they exist before their measurement) and conventionally constructed (they are in a way, created by these conventions)? In particular, the technical and sociological distinction between the criteria of relevance and accuracy implies a realistic interpretation, desired by users, but that is nonetheless problematic. (shrink)

Medical decision making relies heavily on the notion of the quality of a person's life in providing a reason to utilize one therapy over another or to withhold certain therapies altogether. The concept of quality of life, however, lacks clear definition as well as consensus on its constitutive elements. ;Chapter one engages a basic controversy in the literature: whether 'quality of life' should be understood as a subjective concept, or whether objective "lists" can help us assess a (...) person's quality of life. Chapter two examines whether anthropological data might provide guidance. While it is often argued that anthropological data supports relativism, John Finnis argues that anthropological data supports universalism which, in turn, bolsters objectivist claims. I argue that anthropological data may plausibly be interpreted to support either subjective or objective accounts, and thus, does not settle our approach to quality of life. ;Chapter Three examines objective list theories, in particular those of Bernard Gert and John Finnis. I find Gert's account to be problematic because it seems incomplete. Finnis's criteria, too, seems ultimately indefensible. Thus, I conclude that while objectivist claims may offer insight into human values and motivations, existing accounts are flawed. Chapter Four examines subjective accounts of quality of life. I focus on "preference satisfaction" accounts. While these accounts provide intuitively plausible descriptions, they fall victim to a host of difficulties. Perhaps the best example of this is the "fleeting preferences" problem, which undermines our confidence in making life-and-death decisions on the basis of quality of life considerations. ;The concluding chapter offers that much progress can be made by understanding quality of life in terms of finding meaning in life. Thus, the quality of one's life is determined by how much purpose and meaning is found in that life. While this notion is not without its problems, it does capture the complex elements of the kinds of cases in which we are particularly interested, and combines some of the best features of both the objective and subjective accounts. (shrink)

Family carers of individual’s living with Huntington’s Disease (HD) manage a distinct and unique series of difficulties arising from the complex nature of HD. This paper presents the validation of the definitive measure of quality of life for this group. The Huntington’s Disease Quality of Life Battery for carers (HDQoL-C) was expanded and then administered to an international sample of 1716 partners and family carers from 13 countries. In terms of the psychometric properties of the tool, exploratory analysis (...) of half of the sample, demonstrated good internal consistency and reliability. Some items on the full version did not meet psychometric thresholds and a short version (HDQoL-Cs) was developed based on more stringent criteria. Confirmatory Factor Analysis of the model structure showed a good fit for all Factors and, indicated that the HDQoL-C and HDQoL-Cs are psychometrically robust measures of quality of life. We found that carers who lived with and looked after their spouse/partner had reduced sense of coping, hope for the future and overall quality of life. Carers with children who were at risk, carried the gene or were symptomatic also had poorer quality of life outcomes. Findings indicated the HDQoL-C and HDQoL-Cs are valid in multiple languages and across varied cultures as measures of self-reported quality of life in family carers of individual’s living with HD. These psychometrically validated tools can aid and guide the implementation of therapeutic interventions to improve life quality in this population. (shrink)

Global governance, central to international rule-making, is rapidly evolving; thus, there is a need for a way to evaluate whether institutions have the capacity to address the problems of the contemporary era. Current methods of evaluating the democratic quality of contemporary governance are closely linked to legitimacy, about which there are competing definitional theories. This article uses a theoretical approach based around “new“ governance and the environmental policy arena to argue that contemporary governance is best understood as social-political interaction (...) built on “participation as structure“ and “deliberation as process“, with the level of interaction ultimately determining legitimacy. It presents a new arrangement of the accepted attributes of “good“ governance using a set of principles, criteria and indicators, and relates these to the structures and processes of governance. The implications and application of the analytical framework are also discussed. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

The paper explores how several commissions of inquiry established in Quebec, Canada, have, over time, contributed in redefining the meaning of quality in health-care and its management. Adopting an interpretive analysis of commissions’ reports, the paper examines the particular ‘conceptual boxes’ used by their members to tackle quality and the embedded nature of their work. It is shown that although quality was always considered, this was generally done by bringing into focus specific quality domains and issues, (...) some new, others not so new. In addition, the various management approaches to quality featured in the reports were informed by evolving templates; although this evolution was not as straight and unwavering as some retrospective studies of quality in health-care seem to indicate. A common thread to all commissions is the fact that, beyond the definition of general principles, responsibility for quality oversight was not clearly assigned and criteria on whether quality initiatives should be voluntary or compulsory were often left unspecified. Further, quality was never regarded by the commissions as a strategic aspect of health-care. It is speculated that these failings on the part of commissions may partly explain the unassertive course of action taken by the provincial government in the area. (shrink)

It is all too rare that a scholar trained in the history of art turns his critical attention to the issues of the nature of aesthetic value and the criteria of excellence in works of art. But these issues are Rosenberg's primary concern. His method is novel for he begins by discussing the importance of tradition for value judgment. Chapters are dedicated to five important critics from the sixteenth century to the present. In each chapter Rosenberg attempts to extract (...) the distinctive features of art that have been prominent in the criticism of each of these thinkers. The second part of the book, "Quality Judgment Today," applies the principles that Rosenberg has extracted to the evaluation of master drawings from the fifteenth to the twentieth century. While aestheticians may raise doubts about the subtlety of Rosenberg's philosophic distinctions, one is impressed by his attempt to do what philosophers sometimes only talk about, viz., to show how we can rationally evaluate and compare works of art. There are 168 plates and the book is beautifully executed in the style of the Bollingen series of the Mellon lectures.—R. J. B. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:138 HUME AND WITTGENSTEIN: CRITERIA VS. SKEPTICISM As far as philosophical admonitions go, there are probably few as famous as Wittgenstein's Blue Book warning: We are up against one of the great sources of philosophical bewilderment : we try to find a substance for a substantive, (p. 1) Wittgenstein, of course, could have added: This is something we should have learned long ago from Hume. He could have (...) quoted the following passage from the Appendix to the Treatise: Philosophers begin to be reconcil'd to the principle, that we have no idea of external substance, distinct from the ideas of particular qualities. This must pave the way for a like principle with regard to the mind, that we have no notion of it, distinct from the particular perceptions. Neither causal necessitation, self, nor substances could be located by Hume no matter how hard he tried to analyse his experience of the world. For Hume, there were no experiential 'facts-of-thematter ' in virtue of which one could acknowledge, with epistemic justification, causal connectivity or necessity, the temporal extension of one's own mind, or the elusive particularity of that in which qualities are sometimes said to inhere. We know that for Hume, since he tells us, his skepticism is engendered by his inability to surrender either of the two principles, the conjunction of which he takes to be impossible. He is unable to deny that whatever is distinguishable is separable, and, as well, that there are de re connections between what is distinguishable. (T 636) What this means for Hume is that the world 'as it really is' could well be utter- 139 Iy chaotic, or, at least, structured by relations and connections which bear no resemblance to the relations and connections imposed upon our perceptions and subsequently projected onto the world. Hume, of course, is neither the disputatious sort of ersatz skeptic at whom he sneers in the opening paragraphs of An Enquiry Concerning the Principles of Morals; nor is he a fainthearted skeptic, who will, in the end, return to us everything he had only seemed to take away. We know just how unrelenting he is in his attempt to show that "the understanding never observes any real connexion among objects, and that even the union of cause and effect, when strictly examin'd, resolves itself into a customary association of ideas." (T 259-260) Although Book I of the Treatise is called "Of the Understanding," misunderstanding is not a topic that exercises Hume. Of course, it is not all that difficult to understand why this is so. 'Misunderstanding ' is, on its semantic face, inseparably concerned with language; and a concern for and about language is not something that attracts very much of Hume's explicit attention. Indeed, I am inclined to think that Hume's most important explicit comment about language is to be found in Book II, where he notes:...the sense of interest has become common to all our fellows, and gives us a confidence of the future regularity of their conduct: And 'tis only on the expectation of this, that our moderation and abstinence are founded. In like manner are languages gradually establish'd by human conventions without any promise. (T 490) 140 In Wittgensteinian terms, I think that Hume is saying, in effect, that the conventions that determine what is just with respect to property in a society are, as it were, definitive of a form of social life; that is, not agreements, contracts, or compacts — promises, as Hume refers to these — since such compacts are themselves embedded in something deeper, namely, in the human conventions that ground such compacts and contracts. Although I am going beyond what Hume says here, there is no reason to believe that we cannot identify the analogical linguistic counterparts of promises and conventions. The linguistic conventions provide the foundational matrix for the applicability of the justifying truth-making procedures. In essence, sense precedes, and determines, truth conditions. What I will argue for here is the view that it is impossible for Wittgenstein to have been a skeptic of a Humean variety; since such skepticism presupposes realism; and, whatever else Wittgenstein is, or isn't, he is not... (shrink)

In this paper I reconstruct and compare criteria of theoreticity that have been developed by Carnap, Sneed and proponents of the Munich school of structuralist philosophy of science. For this purpose I develop a unified framework in which one can transform model-theoretic theory representations into linguistic ones, and vice versa. This bridges the gap between statement and non-statement view and allows a precise comparison of linguistic and model-theoretic criteria of theoreticity. In the final part I suggest a system (...) of improved definitions of theoreticity and pre-theoreticity. (shrink)

The sheer multitude of criteria of empirical significance has been taken as evidence that the pre-analytic notion being explicated is too vague to be useful. I show instead that a significant number of these criteria—by Ayer, Popper, Przełęcki, Suppes, and David Lewis, among others—not only form a coherent whole, but also connect directly to the theory of definition, the notion of empirical content as explicated by Ramsey sentences, and the theory of measurement; two criteria by Carnap and (...) Sober are trivial, but can be saved and connected to the other criteria by slight modifications. A corollary is that the ordinary language defense of Lewis, the conceptual arguments by Ayer and Popper, the theoretical considerations by Przełęcki, and the practical considerations by Suppes all apply to the same criterion or closely related criteria. Furthermore, the equivalence of some criteria allows for their individual justifications to be taken cumulatively and, together with the entailment relations between nonequivalent criteria, suggest criteria for general auxiliary assumptions, comparative criteria, and more liberal conceptions of observation. (shrink)

The question of how to improve the quality of nursing care is quite properly perceived to be at the heart of the contemporary nursing debate. Yet it is not clear what quality in health care is; nor is it clear what quality nursing care is. This article will explore why quality issues are such a matter of concern in public and political debate and how different concepts of quality determine different definitions of nursing. The (...) former definitions constitute a developmental continuum of nursing from minimally acceptable levels of competence to excellence. It is argued that the quality of nursing cannot be assessed in terms of performance referenced criteria, but only in terms of the personal qualities displayed in the performance. The key to improvement in practice may be the improvement of emotional and motivational tendencies. In essence, professional development implies personal development. (shrink)

Research in the field of Empirical Ethics (EE) uses a broad variety of empirical methodologies, such as surveys, interviews and observation, developed in disciplines such as sociology, anthropology, and psychology. Whereas these empirical disciplines see themselves as purely descriptive, EE also aims at normative reflection. Currently there is literature about the quality of empirical research in ethics, but little or no reflection on specific methodological aspects that must be considered when conducting interdisciplinary empirical ethics. Furthermore, poor methodology in an (...) EE study results in misleading ethical analyses, evaluations or recommendations. This not only deprives the study of scientific and social value, but also risks ethical misjudgement. (shrink)

Normative case studies represent empirically grounded phenomena that raise normative philosophical questions. Growth in the popularity of case-based inquiry in philosophy reflects a recent trend in the field not to shy away from engaging with empirical realities, but instead to advance philosophical projects that recognize and speak directly to these realities, including social inequities endemic to our societies. Yet, as the use of case studies and other empirically engaged philosophical approaches has grown, concerns have been raised about whether these methods (...) risk reducing philosophy to social science and, in turn, burdening philosophy with the constraints of social science research. Responding to these concerns calls for more attention to the methodological dimensions of case-based inquiry in philosophy. In this article, Rebecca Taylor offers reflections on two core clarifying questions: (1) What makes normative case studies distinct from other related tools for inquiry — in particular, philosophical thought experiments and qualitative case studies? (2) What quality criteria should guide the development of normative case studies? (shrink)

This paper is about the difficulties involved in establishing criteria for definiteness. A number of possibilities are considered – traditional ones such as strength, uniqueness, and familiarity, as well as several which have been suggested in the wake of Montague’s analysis of NPs as generalized quantifiers. My tentative conclusion is that Russell’s uniqueness characteristic (suitably modified) holds up well against the others.

In Study 1, college professors determined whether each of 6 rewritten versions of a paragraph taken from a journal article were instances of plagiarism. Results indicated moderate disagreement as to which rewritten versions had been plagiarized. When another sample of professors was asked to paraphrase the same paragraph, up to 30% appropriated some text from the original. In Study 3, psychology professors paraphrased the same paragraph or a comparable one that was easier to read. Twenty-six percent of the psychologists appropriated (...) text from the original version, whereas only 3% appropriated text from the one that was easier to read. The results of these studies are discussed in the context of existing definitions of paraphrasing and plagiarism. (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, (...) philosophy of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

Nature quality in relation to farming is a complex field. It involves different traditions and interests, different views of what nature is, and different ways of valuing nature. Furthermore there is a general lack of empirical data on many aspects of nature quality in the farmed landscape. In this paper we discuss nature quality from the perspective of organic farming, which has its own values and goals in relation to nature – the Ecologist View of Nature. This (...) is in contrast to the Culturist View characteristic of much conventional agriculture and the Naturalist View characteristic of the traditional biological approach to nature quality. This threefold distinction forms a framework for exploration of nature quality criteria in the farmed landscape. The traditional work on nature quality has mainly focused on biological interests based on a Naturalist View of Nature. In this paper we will explore how criteria for nature quality based on the Ecologist View can be developed and thereby feed into the ongoing discussion of the development of the organic farming practices. We suggest additional criteria for nature quality based on an Ecologist View of Nature: biodiversity, habitat diversity, extent and structure, functional integrity of habitats and agro-ecosystems, landscape integrity, accessibility, and experientiality. The larger set of Naturalist and Ecologist criteria can provide a wider and more balanced basis for developing nature quality indicators that are relevant in the farmed landscapes. This broader approach to nature quality is also expected to benefit the general societal discussions and decisions on farming and nature. (shrink)

This paper revisits Donnellan’s distinction between referential and attributive uses of definite descriptions and argues that it is not exhaustive. Donnellan characterizes the distinction in terms of two criteria: the speaker’s intentions and the type of content the speaker aims to express. I argue that contrary to the common view, these two criteria are independent and that the distinctive features may be coinstantiated in more than two ways. This leaves room for nonattributive and nonreferential uses of definite descriptions. (...) Kripke’s notions of general and specific intentions provide a framework that accommodates such cases. Additionally, it proves useful for the analysis of the use of proper names with specific nonsingular intentions. The paper also discusses how the interpretation of the use of definite descriptions as attributive or referential (or neither) is sensitive to which theory of singular thoughts one adopts. (shrink)

Any neurobiological model claiming explanation of a complex human phenomenon should start with an explicit definition of the explanandum. If a classical intensional definition is impossible, we can use a descriptive definition by listing necessary criteria. This commentary suggests four meta-criteria that different proposed criteria of consciousness should fulfill: phenomenological consensus, empirical evidence, domain specificity, and non-circularity.

The definition and the assessment of the quality of argumentative texts has become an increasingly crucial issue in education, classroom discourse, and argumentation theory. The different methods developed and used in the literature are all characterized by specific perspectives that fail to capture the complexity of the subject matter, which remains ill-defined and not systematically investigated. This paper addresses this problem by building on the four main dimensions of argument quality resulting from the definition of argument and the (...) literature in classroom discourse: dialogicity, accountability, relevance, and textuality (DART). We use and develop the insights from the literature in education and argumentation by integrating the frameworks that capture both the textual and the argumentative nature of argumentative texts. This theoretical background will be used to propose a method for translating the DART dimensions into specific and clear proxies and evaluation criteria. (shrink)

This paper attempts to illustrate a process of analysis that will hopefully open a path to more complete and useful definitions of sign and symbol. It applies a form-content analysis to the metaphysical properties of these two concepts. The objective is to locate criteria necessary and sufficient to derive formal definitions for these terms. Wittgenstein’s concept of “forms of representation” is analyzed and applied to the topic. Criteria are outlined that determine the appropriateness of the sign (...) and symbol to be applied as labels. Criteria of definition are then developed using gesture, metaphor, and several other example types to illustrate the use of the criteria in distinguishing between sign and symbol. The structural organization of these two concepts proved to be especially complex and led to what some readers may find somewhat obscure. It is not our intention to be purposefully obscure. (shrink)

Are identity criteria grounding principles? The recent debate over this issue seems to indicate a definitively negative answer. Recognising various objections to identity criteria as grounds for identity facts, one may wonder whether the former are capable of playing any salient role in ontology. I argue in this paper that they are, provided that one interprets them not as ontological explanations of identity facts but as ontological specifications thereof. I attempt to elaborate this view in terms of the (...) well-establish distinction between determinables and their determinates, where identity criteria are to play the role of the determinates and the relation of identity is to be their determinable. (shrink)

Despite its enormous popularity, Russell’s theory of definite descriptions has received various criticisms. Two of the most important objections against this theory are those arising from the Argument from Incompleteness and the Argument from Donnellan’s Distinction. According to the former although a speaker may say something true by assertively uttering a sentence containing an incomplete description , on the Russellian analysis such a sentence expresses a false proposition; so, Russell’s theory cannot adequately deal with such sentences. According to the latter (...) objection a descriptive sentence is actually ambiguous—it expresses a general proposition when the description contained in it is used attributively, and a singular proposition when the description in question is used referentially; Russell’s theory is inadequate as it fails to capture this ambiguity and offers an analysis according to which a descriptive sentence expresses only a general proposition. These objections are examined in the present dissertation. It is shown here that these objections arise from: (i) ignoring the distinction between the meaning of a sentence and the assertions made by using it, (ii) the failure to distinguish between the semantic meaning of a sentence and the pragmatic meaning with which it is used on a particular occasion. To make the distinction mentioned in (i), a significant part of Scott Soames’ theory concerning meaning and assertions has been adopted in this dissertation; and, to make the distinction mentioned in (ii), a test, namely the cancellability test, and two Distinguishing Criteria, namely DC-1 and DC-2, have been developed here. It has been argued here that if we properly make the relevant distinctions, then we will find that: (a) the phenomenon cited by the Argument from Incompleteness can be well explained keeping the Russellian analysis of descriptive sentences intact, (b) the phenomenon arising from the Argument from Donnellan’s Distinction raises an issue of pragmatics and is irrelevant to Russell’s semantic analysis of descriptive sentences. So, none of the above criticisms poses a genuine threat to Russell’s theory of definite descriptions; his theory actually provides, to a large extent, a correct semantic analysis of descriptive sentences. (shrink)

This book examines very important issues in research evaluation in the Social Sciences and Humanities. It is based on recent experiences carried out in Italy in the fields of research assessment, peer review, journal classification, and construction of indicators, and presents a systematic review of theoretical issues influencing the evaluation of Social Sciences and Humanities. Several chapters analyse original data made available through research assessment exercises. Other chapters are the result of dedicated and independent research carried out in 2014-2015 aimed (...) at addressing some of the debated and open issues, for example in the evaluation of books, the use of Library Catalog Analysis or Google Scholar, the definition of research quality criteria on internationalization, as well as opening the way to innovative indicators. The book is therefore a timely and important contribution to the international debate. (shrink)

A Nyaya definition the major purpose of which is efficient use of words and avoiding ambiguities and errors, is the statement of a unique feature that belongs to each definiendum and nothing else so that there is none of the three faults of overcoverage, undercoverage and failure to belong to any definiendum. There should be no circularity that is of three kinds, self-dependence (where the definiendum appears in the definiens); mutual dependence (where the definiendum and the definiens are used in (...) the definition of each other) and defining in a circle. A definition should also be economical: there are mainly three kinds of economy; economy in constitution (that avoids including anything superfluous or unnecessary to distinguish the definiendum from everything else), economy in relation (the directly related is preferable to the indirectly related) and economy in cognition (something cognitively prior is preferable to something posterior). While more than one definition is possible that need not state the essence, the test of economy is in place to avoid redundancy and provide criteria of preference among defining features that are unique and non-circular. (shrink)

The traditional definition per genus et differentiam is argued to be cognitively grounded in perception and in order to avoid needless argument, definitions are stipulated to assert boundaries. An analysis of the notion of perspective shows that a boundary is a composite of two distinctions: similarity that includes and difference that excludes. The concept is applied to the type-token distinction and percepts are shown to be the result of a comparison between a token as representing some phenomenon and a (...) type as representing the kind of object the phenomenon might be. The Principle of Connection is proposed as the mental architecture that gives rise to percepts. The value of a percept is shown to be one of Identical, Similar, Different or Contrary and its perceptual aspects represent the cognitive schema of Essence, Quality, Quantity and Relation. The two notions of similarity and difference are claimed to constitute the necessary and sufficient conditions for definitions. Accordingly, the qualitative elements of a definition signify the genus as representing the similarity of the defined entity in terms of others of its kind and the quantitative elements signify the differentia as representing the difference it has from everything else. Paying proper attention to both qualitative and quantitative aspects will enable formulation of definitions that are ‘good’. (shrink)

The traditional definition per genus et differentiam is argued to be cognitively grounded in perception and in order to avoid needless argument, definitions are stipulated to assert boundaries. An analysis of the notion of perspective shows that a boundary is a composite of two distinctions: similarity that includes and difference that excludes. The concept is applied to the type-token distinction and percepts are shown to be the result of a comparison between a token as representing some phenomenon and a (...) type as representing the kind of object the phenomenon might be. The Principle of Connection is proposed as the mental architecture that gives rise to percepts. The value of a percept is shown to be one of Identical, Similar, Different or Contrary and its perceptual aspects represent the cognitive schema of Essence, Quality, Quantity and Relation. The two notions of similarity and difference are claimed to constitute the necessary and sufficient conditions for definitions. Accordingly, the qualitative elements of a definition signify the genus as representing the similarity of the defined entity in terms of others of its kind and the quantitative elements signify the differentia as representing the difference it has from everything else. Paying proper attention to both qualitative and quantitative aspects will enable formulation of definitions that are ‘good’. (shrink)

The traditional definition per genus et differentiam is argued to be cognitively grounded in perception and in order to avoid needless argument, definitions are stipulated to assert boundaries. An analysis of the notion of perspective shows that a boundary is a composite of two distinctions: similarity that includes and difference that excludes. The concept is applied to the type-token distinction and percepts are shown to be the result of a comparison between a token as representing some phenomenon and a (...) type as representing the kind of object the phenomenon might be. The Principle of Connection is proposed as the mental architecture that gives rise to percepts. The value of a percept is shown to be one of Identical, Similar, Different or Contrary and its perceptual aspects represent the cognitive schema of Essence, Quality, Quantity and Relation. The two notions of similarity and difference are claimed to constitute the necessary and sufficient conditions for definitions. Accordingly, the qualitative elements of a definition signify the genus as representing the similarity of the defined entity in terms of others of its kind and the quantitative elements signify the differentia as representing the difference it has from everything else. Paying proper attention to both qualitative and quantitative aspects will enable formulation of definitions that are ‘good’. (shrink)

Chinese medicine (CM) is one ofseveral ancient systems of medical care basedupon a different worldview than the prevailingbiomedical model; it employs its own language,systems of logic, and criteria forunderstanding health and diagnosing illness.Medicinal herbs play a central role in the CMsystem of practice and knowledgeable CMpractitioners have extensive clinicalexperience using them. However, the establishedscientific and regulatory organizations thatrely upon biomedical understandings ofpathology do not accept the definitions formedicinal herb quality used by CMpractitioners. Furthermore, local medicinalherb growers within (...) the upper Midwest are in aposition to grow many herbs, but are unclearabout the demand for and desired qualities ofthe medicinal herbs they produce. Given thissituation, the Medicinal Herb Network wasfounded as a partnership effort of small-scalemedicinal herb growers and practitioners of CMto develop more appropriate standards ofmedicinal herb quality and to encourage locallygrown, high quality medicinal herbs consistentwith these standards. An overview of CM servesas grounding from which to articulate thedilemmas experienced by CM practitioners ofperceiving medicinal herb quality andintegrating knowledge across divergent medicalsystems. A Network initiative designed toovercome these dilemmas illustrates thepossibility of developing a lexicon of qualitydescriptors for medicinal herbs using Chinesemedical theory, while drawing from descriptivesensory analysis procedures currently practicedby a sub-group of food scientists. (shrink)

Ethics designates a structured process by which important human values and meanings of life are understood and tackled. Therein, the ability to discuss openly and reflect on (aka deliberation) understandings of moral problems, on solutions to these problems, and to explore what a meaningful resolution could amount to is highly valued. However, the indicators of what constitutes a high-quality ethical deliberation remain vague and unclear. This article proposes and develops a pragmatist approach to evaluate the quality of deliberation. (...) Deliberation features three important moments: (1) broadening and deepening the understanding of the situation, (2) envisioning action scenarios, (3) coming to a judgment based on the comparative evaluation of scenarios. In this paper, we propose seven criteria to evaluate ethical deliberations: (1) collaborative diversity, (2) experiential literacy, (3) organization of experiences, (4) reflective capacity to instrumentalize the experiences of others, (5) interactional creativity, (6) openness of agents, (7) quality of the reformulation of scenarios. These criteria are explained and applied to the three moments of deliberation. Based on these criteria, three kinds of outcomes for deliberations are identified and discussed: good ethical deliberations, partial ethical deliberations, bad ethical deliberations. Our proposal will guide researchers and practitioners interested in the evaluation of the quality of ethical deliberations. It provides a reference tool that allows them to identify the possible limitations of a deliberation and to implement actions aimed at correcting these limitations in order to achieve the desired qualitative objectives. (shrink)

This paper discusses an example of social policy argumentation from an opinion of the 2007 majority among the German National Ethics Council. It is employed to problematize argument reconstruction with respect to the Informal Logic quality criteria relevance, sufficiency, acceptability. The main thesis is conditional and rather weak: If the RSA criteria are sub-stitutes for the notion of soundness, then—next to premise-truth and validity—they also substitute recon-structive charity.

In this thesis, the framework within which long-term goals are set and subsequently achieved or approached is analyzed. Sustainable development and climate change are areas in which goals have tobe set despite uncertainties. The analysis is divided into the normative motivations for setting such goals, what forms of goals could be set given the empirical and normative uncertainties, and how tomanage doubts regarding achievability or values after a goal has been set. Paper I discusses a set of questions that moral (...) theories intended to guide goal-setting should respond to. It is often claimed that existent normative theories provide only modest guidance regarding climate change, and consequently have to be revised or supplemented. Two such suggested revisions or supplements are analyzed in order to determine whether they provide such guidance. Paper II applies the deep ecological framework to survey the extent to which it can be utilized to discuss issues concerning the management of climate change. It is suggested that the deep ecological framework can provide guidance by establishing a normative framework and an analysis of how the overarching values and principles can be specified to be relevant for actions. Paper III is focused on normative political theory, and explicates the two dimensions of empirical and normative uncertainty. By applying recent discussions in normative political theory on ideal/non-ideal theory, political realism, and the relation between normative demands and empirical constraints,strategies for managing the proposed goals are suggested. Paper IV suggests a form of goal that incorporates uncertainties. Cautious utopias allow greater uncertainty than realistic goals,but not to the same extent as utopian goals. Such goals have a performance-enhancing function. A definition and quality criteria for such goals are proposed. Paper V considers whether a goal that is becoming all the more unlikely to be achievable should be reconsidered. The paper focuses on the two degrees Celsius target, and asks whether it could still be a sensible goal to aspire to. By applying the principle that ‘ought’ implies ‘can’, the role of such obligations is investigated. Paper VI surveys how to treat circumstances in which an already set goal should be reconsidered and possibly revised, and what would evoke doubt in the belief upon which those goals have been set.Two situations are analyzed: a problematic or surprising event occurs, upsetting confidence in one’s relevant beliefs, or respectable but dissenting views are voiced concerning one’s means and/or values. It is suggested that the validity of doubt has to be considered, in addition to the level in a goal-means hierarchy towards which doubt is raised. (shrink)

With no statutory definition of death, the accepted medical definition relies on brain stem death criteria as a definitive measure of diagnosing death. However, the use of brain stem death criteria in this way is precarious and causes widespread confusion amongst both medical and lay communities. Through critical analysis, this paper considers the insufficiencies of brain stem death. It concludes that brain stem death cannot be successfully equated with either biological death or the loss of integrated bodily function. (...) The overemphasis of the brain-stem and its consequences leaves the criteria open to significant philosophical critique. Further, in some circumstances, the use of brain stem death criteria causes substantial emotional conflict for families and relatives. Accordingly, a more holistic and comprehensive definition of death is required. (shrink)

The aim of this paper is to present the results of our analysis regarding the development of critical thinking skills for the subject Macedonian language for specific purposes 2, research conducted in the online teaching period in the academic 2019-2020. The appearance of COVID-19 virus in March 2020 and the pandemic that it caused seriously affected the educational process. But the well-established Google Meet and Google Classroom platforms have proven to be a solid foundation for teaching in extraordinary circumstances at (...) SEEU. Our goal in the past period was mainly aimed at developing and improving the critical thinking skills which are clearly defined in the syllabus. Definitions of the term critical thinking are given, as well as the results of our research regarding the development of critical thinking skills during online teaching. In terms of methodology, for each skill an exercise was given, which was assessed by the professor and the students received feedback. Our research covers 7 critical thinking skills. An analysis is emphasized as one of the key skills for developing critical thinking. The ability to apply established personal, professional and social rules and criteria reflects students’ ability to present information in their own way. In the modern world, access to information is readily available. The development of critical thinking by mastering the skill of logical reasoning was aimed at establishing correlations and conclusions that are supported or determined by the above data in the form of a debate on the criteria for successful professional communication. The ability to distinguish is emphasized as one of the skills for developing critical thinking. The novelties in the future should be mainly focused on the main challenge, which is the motivation of the students for active participation because according to our expected results there was more pressure for their activity on Google Meet, but they showed significant interest in the exercises that affected the final grade (according to our previous experience, that was characteristic for the period of teaching with physical presence). The active involvement of the students, but also the additional engagement of the professors in these extraordinary circumstances will contribute to a quality and smooth mastering of the skills for critical analysis. (shrink)

Can argumentation schemes play a part in the critical processing of argumentation by lay people? In a qualitative study, participants were invited to come up with strong and weak arguments for a given claim and were subsequently interviewed for why they thought the strong argument was stronger than the weak one. Next, they were presented with a list of arguments and asked to rank these arguments from strongest to weakest, upon which they were asked to motivate their judgments in an (...) interview. In order to assess whether lay people apply argument scheme specific criteria when performing these tasks, five different argumentation schemes were included in this study: argumentation from authority, from example, from analogy, from cause to effect, and from consequences. Laypeople’s use of criteria for argument quality was inferred from interview protocols. The results revealed that participants combined general criteria from informal logic and scheme-specific criteria. The results supported the conventional validity of the pragma-dialectical argument scheme rule in a strong sense and provided a more fine-grained view of central processing in the Elaboration Likelihood Model. (shrink)