This article focuses on the three natures (_trisvabhāva_) or three characters (_trilakṣaṇa_) doctrine as described in Indian Yogācāra treatises. This concept is fundamental to Yogācāra epistemology and soteriology, but terminology employed by contemporary buddhologists misconstrues and misrepresents some of its most important features, particularly with regard to the ‘ultimately real nature’ (_pariniṣpanna-svabhāva_), which is equated with terms that connote ultimate reality like ultimate truth (_paramārtha_), emptiness (_śūnyatā_), and reality limit (_bhūta-koṭi_), and which is described as a ‘purifying object of (...) observation’ (_viśuddhālambana_) that facilitates insight when properly understood by meditators. The article discusses how it is described in a range of Yogācāra treatises and compares this with how it has been conceived in academic studies of Indic Yogācāra literature. (shrink)

This paper develops a framework for establishing rigour for a discourse analysis of professional transition in midwifery, theorised as a ‘female professional project’. Discourse analysis has gained recognition as a useful approach in nursing and midwifery research. It provides an alternative to those qualitative approaches that propose to reveal a ‘reality’ from the perspective of the individual experience, and that this lived experience can be directly represented in language. There are multiple discourse analytic approaches, and often researchers are not explicit (...) about what type they are employing. Furthermore, to date there are few clear guidelines for what constitutes rigour in a discourse analytic study. Rigour in qualitative research broadly falls into two categories: the replication perspective that argues for the maintenance of criteria of validity and reliability, usually with an underpinning assumption (often unquestioned) that a ‘truth’ can be revealed. The second is the parallel perspective that questions the ontological and epistemological assumptions of the replication perspective and argues for the development of criteria that reflect the assumed questionable nature of truth and reality. Transferring these criteria to a discourse analytic study revealed some problems. A common challenge identified in achieving rigour in discourse analysis is the maintenance of congruity between the epistemological and ontological basis of a piece of research and the actual analysis conducted or reported. A framework is proposed to address these incongruities and includes six elements. As nurses and midwives increasingly employ discourse analysis in their research, attempts to clarify how rigour will be determined are important if the outcomes of such research are to be seriously considered for their implications for theory, policy and practice. (shrink)

Essays on The Soul's Logical Life in the Work of Wolfgang Giegerich: Psychology as the Discipline of Interiority is the second collection of essays dedicated to the study and application of Psychology as the Discipline of Interiority - a new 'wave' within Analytical Psychology which pushes off from the work of C. G. Jung and James Hillman. Reflecting upon the notion of psychology developed by German psychoanalyst Wolfgang Giegerich, whose Hegelian turn sheds light on the notion of soul, or the (...) objective psyche, and its inner logic and 'thought', forming a radical new basis from which to ground a modern psychology with soul. The book explores the theme of "the soul's logical life" as it displays itself in various modern phenomena, from overwhelming anxiety, cryptocurrency, the dreams of Japanese college students, and contemporary psychoanalysis, to myth, music, social movements, and the question and relevance of truth in psychology and consciousness. The authors, comprising clinical psychologists, teachers, Jungian analysts, and international scholars, aim to reveal and convey the dialectical inner workings and speculative logic of the modern soul. Essays on The Soul's Logical Life in the Work of Wolfgang Giegerich: Psychology as the Discipline of Interiority will be essential reading for depth and clinical psychologists, Jungian psychoanalysts, and academics and students of post-Jungian studies, and for all those interested in what it means to think in the highly sophisticated and technological world of the twenty-first century. (shrink)

This book examines the concept of post-truth and the impact it is having on contemporary life, bringing out both its philosophical and political dimensions. Post-truth is contextualised within the philosophical discourse of truth, with particular reference to theories of scepticism and relativism, to explore whether it can take advantage of these to claim any intellectual credibility. Sim argues that post-truth cannot be defended on either sceptical or relativistic grounds – even those provided by recent iconoclastic philosophical (...) movements such as poststructuralism and postmodernism. The affinity between post-truth and conspiracy theory is emphasised, and the extent to which post-truth plays a role in religious doctrine is also considered. Post-truth is seen to constitute a threat to liberal democratic ideals and our Enlightenment heritage, raising the question of whether we are moving into a post-liberal age where the far right would hold power. To prevent this, post-truth urgently needs to be countered. (shrink)

Resumen: El presente trabajo intenta analizar los elementos críticos a la base de aquella suerte de prescripción que Edward Said formulara a los intelectuales bajo la célebre consigna de “decir las verdades al poder”, esto es, de interpelar públicamente al poder -político, económico, religioso, militar- frente a toda evidencia de injusticia, inconsistencia o turbia manipulación en su operar. En tanto tal, y a partir de nuestra lectura de Said, delimitamos cinco dilemas que el intelectual ha de resolver, en tanto requisitos (...) para decir las verdades al poder: orientación intramundana versus extramundana, rol profético versus sacerdotal, libertad universalista versus organicidad, racionalidad sustantiva versus instrumental y arrojo versus temor. Se comentan las implicaciones de estos dilemas a la luz de los desafíos y oportunidades que las sociedades contemporáneas -en particular, las latinoamericanas- presentan para el rol del intelectual.: This work analyzes the critical foundations of that quasi-rule posed by Edward Said to intellectuals through the famous motto “speaking truth to power”, that is, of publicly interpellating to power -political, economic, religious, military- whenever its exercise may involve injustice, inconsistency or underhanded manipulation. So, according to our interpretation of Said’s work, we identify five dilemmas the intellectual should resolve in order to be able to speak truth to power: a worldliness orientation versus an otherworldliness one, a prophetic role versus a priestly one, universalist freedom versus organic compromise, a substantive rationality versus an instrumental one, and courage versus fear. Involvements of these dilemmas are discussed according to the challenges and opportunities posed by current societies -in particular, the Latin American ones- to the intellectual’s role. (shrink)

The issue of socio-economic inequality has after many decades of benign neglect, in both the academy and journalism, become an increasingly important question. The economic crisis, beginning in 2007/2008 and followed by years of austerity has exasperated class and regional division. There have been numerous socio-economic and political outcomes from this; not least the Brexit vote in the UK and the election of Donald Trump, both unimaginable a decade ago. The role of journalism and the wider media in the production (...) and reproduction of inequality is an increasingly important issue. Has journalism treated the issue of inequality in a satisfactory fashion? Has journalism challenged powerful interests, or has journalism itself played an ideological role in the reproduction of structures of inequality? This special edition includes eight papers concerned around the area of socio economic inequality and media treatment; including investigations of discourses defending growing economic inequality and discourses... (shrink)

How does one make sense of a naked prophet who walked the streets of Jerusalem for no less than three years? This contribution interpreted the ambulatory naked prophet in Isaiah 20 as a sign-act by means of symbolic interactionism and performative interpretation according to which symbolic or sign-acts are multivalent entities. Isaiah 20 was interpreted as an embodied, multivalent text that invited ongoing appropriation among subsequent audiences while exploring the potential meaning(s) of the initial act within the parameters of text (...) and context. It is presupposed that human beings reinterpret symbolic acts in different subsequent contexts and that a symbolic act should never be reduced to one single (original!) meaning – this reinterpretation process is illustrated by the Septuagint translation of Isaiah 20. Furthermore, the question will be posed how one could interpret and appropriate a disruptive and ‘foolish’ prophetic and symbolic act of public exposure – Isaiah as an ‘agent provocateur’?Contribution: The performative critique of Isaiah 20 drew attention to the neglected multivalent character of the initial sign-act that enabled ongoing appropriations (‘Fortschreibung’) in new contexts of competing power relations. At first the sign-act was relevant for its pre-exilic audience, then for the post-exilic and even later for a Hellenistic audience by means of the Septuagint version. It also illustrated that text interpretation can be a catalyst that unsettles and disrupts power (within and beyond academic and believing communities), even when it is considered folly. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What Does It Mean to "Speak Truth to Power"?Christian UhlPolitical Philosophy in Japan: Nishida, the Kyoto School, and Co-Prosperity. By Christopher S. Goto-Jones. London and New York: Routledge, 2005. Pp. 192.Ever since the end of the "Great East Asian War" in Japan a debate has been smoldering over the contamination of philosophy by politics. This debate was sparked by a series of writings through which the "father (...) of Japanese philosophy," Nishida Kitarō (1870-1945), and some thinkers affiliated with him—the so-called Kyoto School—became involved in the politics connected with the war to establish a "Greater East Asia Co-Prosperity Sphere." The debate over Nishida and the Kyoto School has repeatedly been overshadowed by the debate over Heidegger. Aside from the strategic considerations of those engaged in the prosecution of the Kyoto School, one reason for the "Heidegger factor"1 may have something to do with the fact that philosophical parallels can indeed be drawn between Nishida and Heidegger, and that there are also direct links between Nishida and some of his disciples who studied in Germany. Questions concerning Heidegger's political engagement are still explosive, even twenty years after Farias' attempt to prove Heidegger's entanglement with National Socialism. The publication of Emmanuel Faye's book Heidegger—L'introduction du nazisme dans la philosophie has fired up the debate in French philosophical circles.2 And in the debate concerning Nishida and the Kyoto School there is also recent news: the publication of Christopher S. Goto-Jones' ambitious study Political Philosophy in Japan: Nishida, the Kyoto School, and Co Prosperity."Every inquiry," Heidegger says, "is a seeking [Suchen]. Every seeking gets guided beforehand by what is sought for."3 Goto-Jones' inquiry seeks to explain the nature of Nishida's political engagement in the 1930s and 1940s, and his inquiry is guided by the conviction that Nishida should be exonerated from the charges regarding his alleged complicity with a Japanese wartime regime that was at least militarist if not "fascist." However, the declared intention of Goto-Jones' study is not just another exoneration of Nishida. Goto-Jones contends that Nishida, influenced "particularly [by] Kant" (p. 7), has left behind a still relevant political philosophy that, as some other authors have argued,4 is not only not tainted by any form of narrow-minded nationalism but also provides a philosophical framework for a theory of a globalizing, multicentered, intercultural world:Hence, for Nishida, the nation should not be a rigid institutional structure or an artificially... constructed culture, but rather a moral personality formed through the mutual self-determination [End Page 469] determination of its constituents and in a dynamic relationship with other nations. International relations should be characterized by the development of greater levels of unity, as nations creatively interact with each other, producing public goods and increasing the similarities in their personalities, thus decreasing the salience of their national boundaries. In this model, nationalism, like egoism, becomes a nonsense.(p. 134 n)This political model is what Goto-Jones seeks to recover in Nishida, and this recovery is "what is really intended" (Heidegger) by his book.5Nishida's political philosophy needs to be recovered, because it is buried under false accusations and misunderstandings, produced primarily by Nishida's detractors, whose criticism, as Goto-Jones suggests, is in most cases at best based on a rough selection of citations, torn out of the coherence of their original context. Nishida's defenders, on the other hand, have attempted to safeguard the philosopher against the arguments of his critics by simply calling him a "liberal," a seemingly agreeable but in fact rather misleading label. Furthermore, Nishida's defenders have based their arguments only on biographical material, diary entries, letters, and so on. While the apologists "are right to observe a contradiction between... [Nishida's] private condemnation of the regime and his apparent public complicity, this is not in itself enough to conclude that his public writings meant the opposite of what they seem to say" (p. 4).In fact, this conclusion by Nishida's apologists does raise certain questions. Why did Nishida never give vent to his divergent opinions? Should he not rather have remained... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What Does It Mean to "Speak Truth to Power"?Christian UhlPolitical Philosophy in Japan: Nishida, the Kyoto School, and Co-Prosperity. By Christopher S. Goto-Jones. London and New York: Routledge, 2005. Pp. 192.Ever since the end of the "Great East Asian War" in Japan a debate has been smoldering over the contamination of philosophy by politics. This debate was sparked by a series of writings through which the "father (...) of Japanese philosophy," Nishida Kitarō (1870-1945), and some thinkers affiliated with him—the so-called Kyoto School—became involved in the politics connected with the war to establish a "Greater East Asia Co-Prosperity Sphere." The debate over Nishida and the Kyoto School has repeatedly been overshadowed by the debate over Heidegger. Aside from the strategic considerations of those engaged in the prosecution of the Kyoto School, one reason for the "Heidegger factor"1 may have something to do with the fact that philosophical parallels can indeed be drawn between Nishida and Heidegger, and that there are also direct links between Nishida and some of his disciples who studied in Germany. Questions concerning Heidegger's political engagement are still explosive, even twenty years after Farias' attempt to prove Heidegger's entanglement with National Socialism. The publication of Emmanuel Faye's book Heidegger—L'introduction du nazisme dans la philosophie has fired up the debate in French philosophical circles.2 And in the debate concerning Nishida and the Kyoto School there is also recent news: the publication of Christopher S. Goto-Jones' ambitious study Political Philosophy in Japan: Nishida, the Kyoto School, and Co Prosperity."Every inquiry," Heidegger says, "is a seeking [Suchen]. Every seeking gets guided beforehand by what is sought for."3 Goto-Jones' inquiry seeks to explain the nature of Nishida's political engagement in the 1930s and 1940s, and his inquiry is guided by the conviction that Nishida should be exonerated from the charges regarding his alleged complicity with a Japanese wartime regime that was at least militarist if not "fascist." However, the declared intention of Goto-Jones' study is not just another exoneration of Nishida. Goto-Jones contends that Nishida, influenced "particularly [by] Kant" (p. 7), has left behind a still relevant political philosophy that, as some other authors have argued,4 is not only not tainted by any form of narrow-minded nationalism but also provides a philosophical framework for a theory of a globalizing, multicentered, intercultural world:Hence, for Nishida, the nation should not be a rigid institutional structure or an artificially... constructed culture, but rather a moral personality formed through the mutual self-determination [End Page 469] determination of its constituents and in a dynamic relationship with other nations. International relations should be characterized by the development of greater levels of unity, as nations creatively interact with each other, producing public goods and increasing the similarities in their personalities, thus decreasing the salience of their national boundaries. In this model, nationalism, like egoism, becomes a nonsense.(p. 134 n)This political model is what Goto-Jones seeks to recover in Nishida, and this recovery is "what is really intended" (Heidegger) by his book.5Nishida's political philosophy needs to be recovered, because it is buried under false accusations and misunderstandings, produced primarily by Nishida's detractors, whose criticism, as Goto-Jones suggests, is in most cases at best based on a rough selection of citations, torn out of the coherence of their original context. Nishida's defenders, on the other hand, have attempted to safeguard the philosopher against the arguments of his critics by simply calling him a "liberal," a seemingly agreeable but in fact rather misleading label. Furthermore, Nishida's defenders have based their arguments only on biographical material, diary entries, letters, and so on. While the apologists "are right to observe a contradiction between... [Nishida's] private condemnation of the regime and his apparent public complicity, this is not in itself enough to conclude that his public writings meant the opposite of what they seem to say" (p. 4).In fact, this conclusion by Nishida's apologists does raise certain questions. Why did Nishida never give vent to his divergent opinions? Should he not rather have remained... (shrink)

Foucault’s 1970–71 lectures at the Collège de France, The Will to Know, highlight the significance of themes of purity and impurity in Western thought. Reflecting on these themes coincided with the emergence of Foucault’s theory of power. This article presents the first analysis of Foucault’s investigation of purity and impurity in The Will to Know lectures, identifying the distinctive theory Foucault offers of purity as a discursive apparatus addressing correspondence between the subject and the truth through the image (...) of relative integrity or mixture. It then traces Foucault’s subsequent reflections on these themes in his later writings on disciplinary power. The implications of Foucault’s position are considered; the article will close by putting Foucault’s ideas in dialogue with those of Kristeva, and in considering the role that purity and impurity may play in resistance. (shrink)

Bald-faced lies are on the uptick by political leaders in democracies worldwide. In the United States, for example, we are becoming numb not only to outrageous falsehoods, but to the bizarre self-assurance with which they are pronounced. We were told crowds were bigger than they were, that the sun shined when it didn’t, that Trump won in a landslide—and that was just in the first few days after his election. What has shocked so many is the fearlessness in the face (...) of the facts, the willingness to simply deny reality outright, and the apparent toleration—even joy—with which Trump’s followers greet the practice. Bald-faced lying by political leaders is an important phenomenon, but it is easy to misunderstand in ways that undermine our ability to combat its strange effectiveness. In this paper, I aim to first analyze political bald-faced lies and then examine the threat they pose to the norms of democratic discourse. My goal is not to answer the empirical question of how frequently denials of obvious facts occur in politics; it is the normative question of understanding what harms they cause — particularly when they are made by those — in political power. Nonetheless, I think it is important to resist the temptation to think that what we are talking about here are a few isolated and extreme examples. As Hannah Arendt noted, there are times in political life when truth, “if it happens to oppose a given group’s profit or pleasure, is greeted with greater hostility.” Arguably we are living in one of those times. (shrink)

This paper argues that in the search for explanatory power, critical realist research has neglected, trivialized, or dismissed prescriptive power, the capacity for an explanation to offer insights for informing practical ameliorative action. In addition to explanatory power and multitheoretic-linguality, the effective exercise of judgmental rationality also requires a consideration of prescriptive power, else it fails to realize its emancipatory commitment. Building on previous discussions of the criteria for judgmental rationality, the paper considers a prescriptive fallacy (...) in critical realist research that conflates explanatory and prescriptive power, and that instead researchers have a prescriptive commitment which can be realized in part through reflective questioning. The paper hopes to stimulate reflection and debate on the role of prescriptive power throughout the research process, and thereby support increased impact in research. (shrink)

Liberal political thought-from its origins in the seventeenth-century through today's rights discourse-is grounded in the ideal of the autonomous individual. As the theory holds, these individuals are 'born in freedom' from religious, political, social or economic obligations and then construct these systems through individual and collective choices. Over the past thirty years, however, this understanding of freedom has been challenged from a variety of perspectives. Eldon J. Eisenach has been at the forefront of that challenge, stressing the centrality of religious (...) elements and assumptions in liberal writings that many scholars suppressed or ignored. In Narrative Power and Liberal Truth Eisenach brings together eleven of his previously published essays to demonstrate that many 'postmodernist' ideas of persons and freedom are already present within the tradition of liberal political philosophy and that liberalism itself is more capacious of human experience and meanings than modern critiques allow. (shrink)

Can literature make it possible to represent histories that are otherwise ineffable? Making use of the Deleuzian concept of “the powers of the false,” Doro Wiese offers readings of three novels that deal with the Shoah, with colonialism, and with racialized identities. She argues that Jonathan Safran Foer’s Everything Is Illuminated, Richard Flanagan’s Gould’s Book of Fish, and Richard Powers’s The Time of Our Singing are novels in which a space for unvoiced, silent, or silenced difference is created. Seen through (...) the lens of Deleuze and his collaborators’ philosophy, literature is a means for mediating knowledge and affects about historical events. Going beyond any simple dichotomy between true and untrue accounts of what “really” happened in the past, literature’s powers of the false incite readers to long for a narrative space in which painful or shameful stories can be included. (shrink)

Can literature make it possible to represent histories that are otherwise ineffable? Making use of the Deleuzian concept of “the powers of the false,” Doro Wiese offers readings of three novels that deal with the Shoah, with colonialism, and with racialized identities. She argues that Jonathan Safran Foer’s _Everything Is Illuminated_, Richard Flanagan’s _Gould’s Book of Fish_, and Richard Powers’s _The Time of Our Singing _are novels in which a space for unvoiced, silent, or silenced difference is created. Seen through (...) the lens of Deleuze and his collaborators’ philosophy, literature is a means for mediating knowledge and affects about historical events. Going beyond any simple dichotomy between true and untrue accounts of what “really” happened in the past, literature’s powers of the false incite readers to long for a narrative space in which painful or shameful stories can be included. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space (...) available to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

Can computer systems ever be considered moral agents? This paper considers two factors that are explored in the recent philosophical literature. First, there are the important domains in which computers are allowed to act, made possible by their greater functional capacities. Second, there is the claim that these functional capacities appear to embody relevant human abilities, such as autonomy and responsibility. I argue that neither the first (Domain-Function) factor nor the second (Simulacrum) factor gets at the central issue in the (...) case for computer moral agency: whether they can have the kinds of intentional states that cause their decisions and actions. I give an account that builds on traditional action theory and allows us to conceive of computers as genuine moral agents in virtue of their own causally efficacious intentional states. These states can cause harm or benefit to moral patients, but do not depend on computer consciousness or intelligence. (shrink)

As a growing area of research, the philosophy of time is increasingly relevant to different areas of philosophy and even other disciplines. This book describes and evaluates the most important debates in philosophy of time, under several subject areas: metaphysics, epistemology, physics, philosophy of language, philosophy of mind, cognitive science, rationality, and art. -/- Questions this book investigates include: Can we know what time really is? Is time possible, especially given modern physics? Must there be time because we cannot think (...) without it? What do we experience of time? How might philosophy of time be relevant to understanding the mind-body relationship or evidence in cognitive science? Can the philosophy of time help us understand biases toward the future and the fear of death? How is time relevant to art – and is art relevant to philosophical debates about time? Finally, what exactly could time travel be? And could time travel satisfy emotions such as nostalgia and regret? -/- Through asking such questions, and showing how they might be best answered, the book demonstrates the importance philosophy of time has in contemporary thought. Each of the book’s 10 chapters begins with a helpful introduction and ends with study questions and an annotated list of further readings. This and a comprehensive bibliography at the end of the book prepare the reader to go further in their study of the philosophy of time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space (...) available to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

The aim of this article is to demonstrate that even if Popper’s and Patočka’s interpretations of Plato originate in philosophical and intellectual traditions that have nothing or very little to do with each other, they share a common target, that is, modern biopower, which culminated in twentieth-century totalitarianism. If we examine Popper’s and Patočka’s interpretations of Plato from a biopolitical angle, it is possible to view them in a new light, that is, as two different, even opposing, intellectual and philosophical (...) approaches to the very same tragic events that European culture and politics experienced in the twentieth century. Despite the radically divergent results of their readings, Popper and Patočka share a starting point, that is, the effort to outline a genealogy of European cultural and intellectual history in the light of Plato. The first section of this article explains why and to what extent Popper’s and Patočka’s interpretations can be considered genealogical readings. The second section elaborates on their different approaches to the relationship between justice and power in Plato. The third section concentrates on the relationship between Plato and twentieth-century biopower. (shrink)

My One Fallacy theory says there is only one fallacy: equivocation, or playing on an ambiguity. In this paper I explain how this theory arose from rnetaphilosophical concerns. And I contrast this theory with purely logical, dialectical, and psychological notions of fallacy.

The doctrine of the specious present, that we perceive or, at least, seem to perceive a period of time is often taken to be an obvious claim about perception. Yet, it also seems just as commonly rejected as being incoherent. In this paper, following a distinction between three conceptions of the specious present, it is argued that the incoherence is due to hidden metaphysical assumptions about perception and time. It is argued that for those who do not hold such assumptions, (...) so long as we are clear about what the doctrine is really saying, we can make perfect sense of the specious present doctrine. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

Modern life is full of examples of environmentally-mediated “group harms” – what Derek Parfit describes as harms produced by “what we all do together.” Typically, the harms are unintended and arise from the uncoordinated actions of many individuals. Their actions ordinarily are not inherently wrong, no one’s action causes harm to an identifiable individual, and prevention of the expected harm is unlikely unless all, or nearly everyone, reduce or cease to engage in activities that collectively and cumulatively result in harm. (...) Unless the individual’s action is likely to make a difference to the outcome, it is often argued that it is not clear what, if anything, makes it wrong or a breach of personal moral responsibility. Activities that result in climate change and agricultural practices commonly employed within the global system of food production are prominent examples. There are several well-known strategies for dealing with such cases, but often they rest on idealized assumptions regarding the impact that one individual can have, provide answers suitable only in counterfactual circumstances, or rely on the kinds of principles of justice that make it difficult to identify clearly and address directly many important moral problems. The task of this chapter is to examine these strategies and propose alternative freestanding practical principles that can guide our efforts to address the world as we find it and explain the sense of wrongness individuals often experience. (shrink)

Thomas Franck believes that the strict constraints imposed by the UN Charter on military intervention in other countries have become too constraining and that, so long as the Charter text remains unrevised, we should condone violations of these rules as legitimated by a jurying process. The relevant UN Charter constraints he seeks to subvert are two in particular. First, the Charter suggests that, outside the UN system, military force may be used across national borders only in “individual or collective self-defense (...) if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security”. Apart from this, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations” ). Second, regarding the use of force by the UN itself, the Charter proclaims that “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII” ).1. (shrink)

Ad hominem arguments argue that some opponent should not be heard and no argument of that opponent should be heard or considered. The opponent has generally pernicious views, false and harmful. Moreover he is diabolically clever at arguing for his views. Thus, the ad hominem argument is essentially a device by which non-intellectuals try to wrest control of a dialectical situation from intellectuals. Stifling intellectuals, disrupting the dialectical situation, is an unpleasant conclusion, but no fallacy has been shown in what (...) leads up to that conclusion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Truth about Narrative, Or:How Does Narrative Matter?Ruth Ronen and Efrat BibermanIn the summer of 1898, a sixteen-year-old girl, intelligent and good looking, entered Freud's clinic in Vienna. The girl, whom Freud would call Dora, suffered recurrent attacks of aphonia (inability to speak) and of coughing, attacks that came on and passed off spontaneously. Freud soon discovers that Dora's illness is connected to the love affair her father (...) is having with a Frau K., a family acquaintance, while the lover's husband is courting Dora herself. In analyzing the history of Dora, Freud unfolds the course of events that brought Dora to the clinic and produces her case by means of a fragmentary discourse consisting of Dora's speech, her dreams and thoughts as revealed to Freud while the analysis was going on. The psychoanalytic discourse yet also consists of Freud's own reports and interpretations of Dora's dreams, actions and speech and of his overall understanding of her case, an understanding that undergoes a few radical changes during the analysis. When Dora decides to leave the treatment three months later, which is much too soon in Freud's view, Freud interprets her act as an act of vengeance against himself, repeating her neurotic reactions to the romantic complexity she recounted through the person of Freud. However, when Freud learns later that Dora got married and has overcome her hysterical sicknesses, he re-reads her second dream as announcing that Dora was about to tear herself free from her father (from Mr. K. she tore herself free through an act of vengeance) and "had been reclaimed once more by the realities of life."1How has the narration of the case of Dora by herself and by Freud, changed her situation from a hysterical subject who suffers from severe symptoms, to a subject "able to be reclaimed by the realities of life"? [End Page 118] How has Dora's spoken words to Freud, and his way of responding and directing her speech, changed her situation so radically? What is the power of narrative in changing or affecting the object of narration? What constitutes the "true story" of a subject and how is it affected by the narrative modes by which the story is presented? Can narrative change the facts of the matter narrated? In this paper, as part of the attempt to define the constitutive power of narrative, a power that cannot yet reduce the constituted subject to an effect of discourse (Dora after psychoanalysis surely cannot be viewed as a construct of discourse, yet is so different from what she was prior to analysis), we will examine these questions as addressed in two, apparently diverse, contexts: that of analytic aesthetics and that of psychoanalytic thought. We will show that these two perspectives tackle similar problems regarding narrativity yet choose to solve them in ways that raise important questions regarding the effects of narrative.IIt is a widely spread opinion about narrative that it creates its own world in the act of telling, that "the structures of narrative impose some kind of barrier between language and fact; rather than being directly 'mirrored', the facts, as represented in narrative, are filtered through layers of linguistic artifice."2 The diagnosis that narrative somehow distorts or constructs the events it recounts, that narration changes the modality of what is narrated, is one important implication of the booming interest in narrative in the 1980s and 90s. To understand how such an implication was drawn, requires that the nature of the interest in narrative is more closely qualified as part of the growing attention paid to the pervasiveness of narrative in discourses traditionally considered to lie outside the domain of narrative rendering, and to the naturalness of narrative presentation in extra-literary contexts. These pervasiveness and naturalness of narrative were often interpreted as reflecting the literariness or fictionality of discourses that officially claim to be committed to reality and truth.Yet, how did it come about that the discovery of narrative elements in a wide variety of contexts was interpreted as entailing the fictionalizing of these discursive contexts? As narrative entails the imposition of structure on... (shrink)

This book explores the important yet neglected relationship between the philosophy of time and the temporal structure of perceptual experience. It examines how time structures perceptual experience and, through that structuring, the ways in which time makes perceptual experience trustworthy or erroneous. -/- Sean Power argues that our understanding of time can determine our understanding of perceptual experience in relation to perceptual structure and perceptual error. He examines the general conditions under which an experience may be sorted into different (...) kinds of error such as illusions, hallucinations, and anosognosia. Power also argues that some theories of time are better than others at giving an account of the structure and errors of perceptual experience. He makes the case that tenseless theory and eternalism more closely correspond to experience than tense theory and presentism. Finally, the book includes a discussion of the perceptual experience of space and how tenseless theory and eternalism can better support the problematic theory of naïve realism. -/- Philosophy of Time and Perceptual Experience originally illustrates how the metaphysics of time can be usefully applied to thinking about experience in general. It will appeal to those interested in the philosophy of time and debates about the trustworthiness of experience. (shrink)

Philosophers are divided on whether the proof- or truth-theoretic approach to logic is more fruitful. The paper demonstrates the considerable explanatory power of a truth-based approach to logic by showing that and how it can provide (i) an explanatory characterization —both semantic and proof-theoretical—of logical inference, (ii) an explanatory criterion for logical constants and operators, (iii) an explanatory account of logic’s role (function) in knowledge, as well as explanations of (iv) the characteristic features of logic —formality, strong (...) modal force, generality, topic neutrality, basicness, and (quasi-)apriority, (v) the veridicality of logic and its applicability to science, (v) the normativity of logic, (vi) error, revision, and expansion in/of logic, and (vii) the relation between logic and mathematics. The high explanatory power of the truth-theoretic approach does not rule out an equal or even higher explanatory power of the proof-theoretic approach. But to the extent that the truth-theoretic approach is shown to be highly explanatory, it sets a standard for other approaches to logic, including the proof-theoretic approach. (shrink)

An important objection to many utilitarian theories is that their conceptions of utility may count as morally relevant contributions to individual well-being items which are morally or rationally suspect. For example, if the conception of utility is pleasure, or alternatively, the fulfilment of actual desire or satisfaction of preferences, then greater individual utility may be produced by whatever increases pleasure, fulfils desire, or satisfies someone's preferences. This is true no matter how disgusting or vile we may think such pleasures are, (...) or how irrational or distasteful we find the fulfilment of a desire or the satisfaction of some preference. (shrink)

Two studies explored individual differences in appraisal of minor, potentially stressful events. Previous research on appraisal has focused on one or two appraisal dimensions within specific situations rather than on the full range of appraisals or on the stability of appraisal across situations. Goals of the present studies were: (1) to explore stability of individual differences in appraisal across situations; (2) to identify individual differences in general appraisal styles; and (3) to examine how appraisal styles are related to personality constructs. (...) Appraisal was moderately stable across situations and individual differences in appraisal style were related to relevant personality constructs. Primary threat appraisals and secondary appraisals of blame and manageability emerged as particularly important in distinguishing the appraisal styles. Implications of the results for the development of psychopathology are considered. (shrink)

In this introduction to contemporary conceptions of time and change, I investigate what our experience of time, that is, our experience of change, seems to be and ask whether or not we can say that how it seems could match the reality. My conclusion is that more recent contemporary conceptions of time can do this but that more intuitive or traditional conceptions cannot. Thus, the more contemporary conceptions are preferable for research into time consciousness.

Different ways of thinking about presence can have significant consequences for one's thinking about temporal experience. Temporal presence can be conceived of as either absolute or relative. Relative presence is analogous to spatial presence, whereas absolute presence is not. For each of these concepts of presence, there is a theory of time which holds that this is how presence really is. For the A-theory, temporal presence is absolute; it is a special moment in time, a time defined by events in (...) what has been called the A-series. For the B-theory, temporal presence is relative ; it is itself defined relative to moments in time, a time defined by events in the B-series. Many A-theorists go further to claim that the present is the only real moment in time; the past and future are unreal. One can have different sets of problems depending on whether one thinks in terms of absolute presence or relative presence. For example, there is the concept of the 'specious' present – a duration many theorists claim that we perceptually experience. It is argued in this paper that the specious present has problems given absolute presence, which it does not have given relative presence. Many of the problems are avoided by having an extended present. However, A-theory, the standard theory of time which advocates absolute presence, cannot have an extended present. Further, the best solution for absolute presence which is extended, durational presentism, involves denying the standard theories in the philosophy of time. (shrink)

One of the oldest conceptions of theology is discourse of the poets about the gods and its philosophical interpretation. Judaism and Christianity borrowed this Greek understanding of theology and revised it only slightly to reflect its own monotheistic vision of God and God’s relations to and with the world of nature and human existence. The question as to which philosophy best explicates and justifies the oral and written mythopoetic discourse of the imaginative bards of Israel and the early Christian community (...) became a fundamental issue and has remained so through the centuries. The aim of this essay is to explore this question once again in the context of post-liberal theology in general, the works of Abraham Heschel, Claude Tresmontant, and the Japanese theologian Tetsaturo Ariga on an implicit biblical philosophy and the explicit metaphysical theism of Alfred North Whitehead and Charles Hartshorne. The outcome of this exploration will be a rational reconstruction or ideal type of neo-classical theism or what I have chosen to call existential-hayatological theism. (shrink)

This article considers transdisciplinarity from the standpoint of reading and readers, rather than as a collection of texts, concepts or proper names. It argues that the humanism and anti-humanism debates of the 1950s and 1960s, particularly understood through the work of Jean-Paul Sartre and Louis Althusser, was above all a debate about the politics of reading. Understanding transdisciplinarity to relate to a projected model of post-disciplinarity, the article suggests that transdisciplinarity needs to supplement its conceptual and political remit with a (...) theory of reading, such that reading across disciplines simultaneously becomes a question of reading beyond disciplinary boundaries. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Their Father’s Library: Books Furnish Not Only a Room, But Also a Tradition ELIZABETH POWERS Although they shared close life dates and became famous in the same years for their epistolary novels, Johann Wolfgang von Goethe (1749–1832) and Fanny Burney (1752–1840) would seem to have been worlds apart literarily. (Goethe had in his Weimar library a copy of Evelina, while Burney was probably not ignorant of the Europe-wide (...) sensation The Sorrows ofYoung Werther.) What might be called their literary apprenticeship, however, was remarkably similar, consisting not of schooling in a traditional institution in which students (and, importantly, most eighteenth-century writers) were drilled in the classical curriculum, but, instead, from wide reading within the confines of their fathers’ libraries. It is true that Goethe and his younger sister Cornelia were supplied at home with a number of tutors and that their progress was monitored by their father, but their acquaintance with literature was fostered within the confines of the family home. Burney had no formal education at all. Indeed, on the appearance of Evelina, her father (according to her diary) remarked : “[S]he has had very little Education but what she has given herself,—less than any of the others!” Burney, however, had the advantage of growing up in a milieu in which books mattered. While the Goethes were eminently respectable, on the mother’s side part of what was the patriciate of the city of Frankfurt, the Burney household in London was bursting with wits and with what can only be called celebrities. The Burneys knew God and the world: David Garrick, Dr. Johnarion 28.1 spring/summer 2020 116 in their father’s library son, Hester Thrale. As Virginia Woolf noted of the famous father, Dr. Charles Burney, he was a musician “who could talk of intellectual things and ask clever people to his house.” Goethe has given plenty of evidence of roaming freely among his father’s books, a collection of 1,700 calfskin-bound volumes. When Burney went to serve at the court of King George III, Queen Charlotte was disappointed at how few books the author of Evelina possessed. (Similarities accumulate: Goethe also served at court, as minister in the duchy of Weimar.) But why cart around a load of books? As Burney wrote in her diary: “[M]y Father’s most delightful Library, as I then told her [the Queen], with my free access to it, had made [owning my own books] a thing unnecessary... ” Libraries in the eighteenth and early nineteenth century, whether private or public affairs, were not like contemporary public libraries, catering to a wide array of tastes, but were repositories of what Matthew Arnold termed “the best that is known and thought in the world.” Let’s call it the Western intellectual and cultural heritage. Most respectable homes would possess at a minimum a Bible, while the holdings in private homes, as evident in the library of Goethe’s father, could reach astounding proportions. According to Burney biographer Claire Harman, Fanny’s brother left at his death one of the finest private libraries of the age. Moreover, the antiquity of the works in the venerable libraries scattered across Europe from Dublin to Saint Petersburg, and especially their survival despite centuries of vicissitudes, was testimony to the authoritative nature of the transmission. Anyone who took the Bible in hand, who took lessons from it, adhering, for instance, to the injunctions of the Ten Commandments, was conscious of subscribing to values shared by preceding generations. Literary practitioners, also showing obeisance to authoritative predecessors, followed earlier models, in the process contributing to an evolving literary heritage. There was no purity in this transmission. It was truly promiscuous, but its quasi-biological character, like a mother’s left-handedness in a child, can be seen in the family Elizabeth Powers 117 resemblances among writers of different eras. Just as individuals perpetuate traits of their parents, so literature and the other arts recycled features of artistic predecessors. Writers as diverse in background and language and religion as Ariosto and Milton transmitted the dna, so to speak, of such epical forebears as Homer and Virgil. This sort of family legitimacy was... (shrink)

We all want to be happy, and there are plenty of people telling us how it can be achieved. The positive psychology movement, indeed, has established happiness as a scientific concept within everyone's grasp. But is happiness really something we can actively aim for, or is it simply a by-product of how we live our lives more widely? Dr. Mick Power, Professor of Clinical Psychology and Director of Clinical Programmes at the National University of Singapore, provides a critical assessment (...) of what happiness really means, and the evidence for how it can be increased. Arguing that negative emotions are as important to overall well-being as the sunnier sides of our disposition, the book examines many of the claims of the positive psychology movement, including the relationship between happiness and physical health, and argues that resilience, adaptability in the face of adversity, psychological flexibility, and a sense of generativity and creativity are far more achievable as life goals. This is a book which will fascinate anyone interested in positive psychology, or anyone who has ever questioned the plethora of publications suggesting that blissful happiness is ten easy steps away. (shrink)

The pursuit of happiness is a long-enshrined tradition that has recently become the cornerstone of the American Positive Psychology movement. However, “happiness” is an over-worked and ambiguous word, which, it is argued, should be restricted and only used as the label for a brief emotional state that typically lasts a few seconds or minutes. The corollary proposal for positive psychology is that optimism is a preferable stance over pessimism or realism. Examples are presented both from psychology and economics that illustrate (...) the dangers of optimism, and in which better outcomes can occur with a pessimistic stance. A more sophisticated approach is then presented in which, in relation to well-being and quality of life, neither optimism nor pessimism is seen as inherently better than the other, but, rather, in which psychological flexibility may contribute optimally to health and well-being. (shrink)

Are there illusions of duration? Certainly, many experiences of an event’s duration differ from its measure in clock duration, the measure of that event in seconds, minutes, hours, and so forth. However, I argue that an illusory duration requires more than difference from a real duration; it requires difference from a duration that is relevant to experience. It is plausible to hold that there are many kinds of real duration and reason to question the relevance of all of them. In (...) particular, the interpretation of experienced duration as illusory is typical because it is compared to clock time; the experience of duration goes wrong by being different from a clock measurement of duration. However, I argue that clock duration is not obviously relevant to evaluating the experience of duration.In response, one might hold that it is plausible to evaluate experience by clock duration because clocks more closely match reality than experiences do; on the scale of experience, clock time is no different to real duration. It is not that experienced duration is an illusion because it is merely different from clock duration; it is an illusion because it is different from real duration and we know this because of its difference from clock duration. It is like illusions of size: some object seems to be a size it is not and we know this by comparing it to an object we can otherwise accurately measure by meters.However, unlike size illusions, it is not clear what the ‘real duration’ is against which we should evaluate apparent duration. What is meant by ‘real duration’ involves either an appeal to the duration of substantial absolute time or some kind of duration in things, for example, duration which is the measure of change in some kind of process. is an irrelevant duration; few positions hold that we experience absolute time. As for, if real duration is a measure of change, then, for experienced duration to match clock duration, they must both agree on the relevant change. If there is a difference in what is treated as the real duration, then neither experience nor clocks can be treated as evaluable in terms of the other.Finally, we may have an illusory duration because there are cases of variation between experiences of the same duration. Yet, even here, we may be misled; we may not be directly comparing experiences. We compare the experienced durations through first measuring each in terms of clock duration. If there is a variability in the relationship between clock standard and some relevant standard for experience, then one expects anything accurately meeting one standard to differ from anything accurately meeting the other. The error is holding there is a stable relationship between the standards. This error is not a matter of our experience of duration, and so is not an illusion of duration. (shrink)

Persons infected with the Human Immunodeficiency Virus often experience intermittent life-threatening infections, a progressive decrease in cognitive abilities, and a loss of capacity to communicate their wishes to their family and medical care providers. Accordingly, AIDS patients are among those most likely to benefit from the increased availability of legally recognized forms of advance care planning. Although the three countries examined in this article differ greatly in the prevalence of HIV infection, the legal status of advance directives, and in the (...) attitudes toward their use, a collection of case studies is used to demonstrate that an ability to address the specific needs, values and goals of individual patients is promoted by the availability of a variety of options for implementing advance directives or health care proxies. The conclusion of the analysis is that the best option in a specific context will depend upon differences in individual values and medical objectives of the sort discussed in the case studies. Das mit der HIV-Infektion verbundene Krankheitsbild ist durch wechselnde lebensbedrohliche Infektionen und den fortschreitenden Verfall kognitiver Fähigkeiten gekennzeichnet. Es führt zudem häufig zum Verlust der Möglichkeit, Behandlungswünsche gegenüber Ärzten und Angehörigen zu äußern. Deshalb gehören besonders AIDS-Patienten zu denjenigen, die von rechtlich anerkannten vorsorglichen Patientenverfügungen profitieren werden.In diesem Artikel werden drei Länder betrachtet, die sich hinsichtlich der Häufigkeit des Auftretens der HIV-Infektion sowie des rechtlichen Status von und der Einstellung zu Patientenverfügungen erheblich unterscheiden. Fallstudien belegen allerdings, daß nicht allein die kulturellen und sozialen Bedingungen für die jeweils beste Form der Patientenverfügung ausschlaggebend sind. Voraussetzung für die Möglichkeit, den Bedingungen, Wert- und Zielvorstellungen des individuellen Patienten zu entsprechen, ist auf jeden Fall die Verfügbarkeit unterschiedlicher Formen von Patienten- und Betreuungsverfügungen. Auch innerhalb eines Kulturkreises müssen daher verschiedene Formen vorsorglicher Willensäußerungen des Patienten rechtlich anerkannt werden. Welche Art von Verfügung jeweils die beste Option darstellt, ist dabei abhängig von medizinischen Bedingungen und persönlichen Wertvorstellungen, wie sie in den Fallstudien diskutiert werden. (shrink)