Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' (...) over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation. (shrink)

During the past three decades the Utrecht scholar Jaap Mansfeld has built up a formidable reputation in the field of the history of ancient philosophy. This state-of-the-art collection of articles is presented to him by colleagues and friends on his sixtieth birthday.

Dijkerman & de Haan (D&dH) propose a somatosensory perceptual pathway that informs a consciously accessible body image, and an action pathway that provides information to a body schema, which is not consciously accessible. We argue that the body schema may become accessible to consciousness in some circumstances, possibly resulting from cross talk, but that this may be detrimental to skilled movement production.

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst at (...) the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

OBJECTIVES: To identify the factors that influence the assessment of reported cases of physician-assisted death by members of the public prosecution. DESIGN/SETTING: At the beginning of 1996, during verbal interviews, 12 short case-descriptions were presented to a representative group of 47 members of the public prosecution in the Netherlands. RESULTS: Assessment varied considerably between respondents. Some respondents made more "lenient" assessments than others. Characteristics of the respondents, such as function, personal-life philosophy and age, were not related to the assessment. Case (...) characteristics, i.e. the presence of an explicit request, life expectancy and the type of suffering, strongly influenced the assessment. Of these characteristics, the presence or absence of an explicit request was the most important determinant of the decision whether or not to hold an inquest. CONCLUSIONS: Although the presence of an explicit request, life expectancy and the type of suffering each influenced the assessment, each individual assessment was dependent on the assessor. The resulting danger of legal inequality and legal uncertainty, particularly in complicated cases, should be kept to a minimum by the introduction of some form of protocol and consultation in doubtful or boundary cases. The notification procedure already promotes a certain degree of uniformity in the prosecution policy. (shrink)

In view of the aging and dejuvenation of the working population and the expected shortages in employees’ skills in the future, it is of utmost importance to focus on older workers’ employability in order to prolong their working life until, or even beyond, their official retirement age. The primary aim of the current study was to examine the relationship between elderly workers’ employability (self-)perceptions and their intention to continue working until their official retirement age. In addition, we studied the role (...) of potential antecedents of their perceived employability at three different levels: training and education in current expertise area as well as in an adjacent expertise area (individual level factor), learning value of the job (job level factor), and organizational career management practices (organizational level factor). Data were collected by means of e-questionnaires that were distributed among two groups of Dutch older (45-plus) white collar workers. The samples consisted of 223 employees of an insurance company, and 325 university workers, respectively. Our research model was tested separately in each sample using Structural Equation Modelling; in our analyses, we controlled for the effects of respondents’ (self-)perceived health and (self-)perceived financial situation. Similar results were found for both samples. First, the relationship of perceived employability with the intention to continue working until one’s retirement age was positive, whereas the relationship between a perceived good financial situation with the intention to continue working until one’s retirement age was negative. Secondly, as regards the potential antecedents, results showed that the learning value of the job was positively related to perceived employability. In addition, an employee’s perception of good health is a relevant correlate of perceived employability. So, whereas perceived employability contributes to the intention to continue working until one’s retirement age, a perceived good financial situation is a push factor to retire early. In order to promote the labour participation of older workers, this study indicates that organizations should focus on the learning possibilities that are inherent to one’s job rather than on providing additional training or career management. Further research is needed to test the generalizability of our results to other samples. (shrink)

Although euthanasia and assisted suicide in people with psychiatric disorders is relatively rare, the increasing incidence of EAS requests has given rise to public and political debate. This study aimed to explore support of the public and physicians for euthanasia and assisted suicide in people with psychiatric disorders and examine factors associated with acceptance and conceivability of performing EAS in these patients. A survey was distributed amongst a random sample of Dutch 2641 citizens and 3000 physicians. Acceptance and conceivability of (...) performing EAS, demographics, health status and professional characteristics were measured. Multivariable logistic regression analyses were performed. Of the general public 53% were of the opinion that people with psychiatric disorders should be eligible for EAS, 15% was opposed to this, and 32% remained neutral. Higher educational level, Dutch ethnicity, and higher urbanization level were associated with higher acceptability of EAS whilst a religious life stance and good health were associated with lower acceptability. The percentage of physicians who considered performing EAS in people with psychiatric disorders conceivable ranged between 20% amongst medical specialists and 47% amongst general practitioners. Having received EAS requests from psychiatric patients before was associated with considering performing EAS conceivable. Being female, religious, medical specialist, or psychiatrist were associated with lower conceivability. The majority of the psychiatrists were of the opinion that it is possible to establish whether a psychiatric patient’s suffering is unbearable and without prospect and whether the request is well-considered. The general public shows more support than opposition as to whether patients suffering from a psychiatric disorder should be eligible for EAS, even though one third of the respondents remained neutral. Physicians’ support depends on their specialization; 39% of psychiatrists considered performing EAS in psychiatric patients conceivable. The relatively low conceivability is possibly explained by psychiatric patients often not meeting the eligibility criteria. (shrink)

BackgroundUnderstanding representations of disease in various art genres provides insights into how patients and health care providers view the diseases. It can also be used to enhance patient care and stimulate patient self-management.MethodsThis paper reviews how cardiovascular diseases are represented in novels, films, and paintings: myocardial infarction, aneurysm, hypertension, stroke, heart transplantation, Marfan’s disease, congestive heart failure. Various search systems and definitions were used to help identify sources of representations of different cardiovascular diseases. The representations of the different diseases were (...) considered separately. The Common Sense Model was used a theoretical model to outline illness perceptions and self-management in the various identified novels, films, and paintings.ResultsMyocardial infarction followed by stroke were the most frequently detailed diseases in all three art genres. This reflects their higher prevalence. Representations ranged from biomedical details through to social and psychological consequences of the diseases.ConclusionsArtistic representations of cardiovascular diseases reflect cognitions, emotions, and images of prevalent disease. These representations shape views and behaviour of ill and healthy persons regarding heart diseases. As these representations are amenable to change, they deserve further research, which may be instrumental in improving the quality of life of persons struck by cardiovascular diseases. Changing illness perceptions appears to be a method to improve self-management and thereby quality of life in patients with various cardiovascular diseases. (shrink)

In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague (...) or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise. (shrink)

The Philosophy of R.G. Collingwood W. J. Van Der Dussen. Collingwood's conclusion is that " ... science, even at its best, always falls short of understanding the facts as they really are"88. Only history is able to realize this. It is another ...

Within the tradition of what is called 'the ontological Kant interpretation' the aimof this article is to show that development in Kant's writings before 1770 can be understood on the basis of an explanation of the meaning of the concept of 'real repugnance. In order to meet the shortcomings of a pure logical approach of philosophy Kant emphasizes 'real repugnant' relations, which are to be found in different areas of philosophy, in contrast to logical repugnance . While trying to determine (...) the meaning and role of real repugnance in relation to his metaphysical views of force , space and time and judgement, Kant is forced to renew and to make explicit his view of the relation between experience and metaphysics. Although he recurrent topic of repugnance may be a motive for the development towards a critical approach of philosophy, that establishes new relations between logic, metaphysics and practical philosophy in Critique of Pure Reason, the meaning and function of the concept remain unaffected. (shrink)

(1996). Korte Notities Over Het Godsbegrip Bij Grieken En Romeinen En De Vergoddelijking Van Jezus in Het Nieuwe Testament. Bijdragen: Vol. 57, No. 2, pp. 149-157.

Background: Although genetic research into Alzheimer disease (AD) is increasing, the ethical aspects of this kind of research and the differences between ethical issues related to genetic and non-genetic research into AD have not yet received much attention. Objectives: (1) To identify and compare the five ethical issues considered most important by surveyed expert panellists in non-genetic and genetic AD research and (2) to compare our empirical findings with ethical issues in genetic research in general as described in the literature. (...) Method: A modified Delphi study in two rounds Results: Genetic and non-genetic research into AD generated an approximately equal number of topics with a considerable overlap. Different priorities in the ethics of both types of research were found. Genetic research raised new topics such as “confidentiality of genetic information” and “implications of research for relatives” which changes the impact and application of existing ethical topics such as “informed consent” and is judged to have more impact on both individuals and society. A difference with the results of more theoretical approaches on ethical aspects related to AD research was also found. Conclusions: Different priorities are given to ethical issues in genetic and non-genetic research. These arise partly because genetic research causes unique and new questions, mostly related to the position of family members and the status of and access to genetic information. Differences found between the results of our empirical study and the more theoretical literature, suggest an additional value for empirical research in medical ethics. (shrink)

Diagnosis theory reasons about incomplete knowledge and only considers the past. It distinguishes between violations and non-violations. Qualitative decision theory reasons about decision variables and considers the future. It distinguishes between fulfilled goals and unfulfilled goals. In this paper we formalize normative diagnoses and decisions in the special purpose formalism DIO(DE)2 as well as in extensions of the preference-based deontic logic PDL. The DIagnostic and DEcision-theoretic framework for DEontic reasoning DIO(DE)2 formalizes reasoning about violations and fulfillments, and is used to (...) characterize the distinction between normative diagnosis theory and (qualitative) decision theory. The extension of the preference-based deontic logic PDL shows how normative diagnostic and decision-theoretic reasoning — i.e. reasoning about violations and fulfillments — can be formalized as an extension of deontic reasoning. (shrink)

Vladimir Solov'ev (1853-1900- is regarded as the most original and systematic of the Russian philosophers in the 19th century. He has once again become the subject of international scholarly attention both in Slavic countries and the West. This volume contains selected papers presented at the international conference on Vladimir Solov'ev held at Nijmegen University, the Netherlands, in September 1998. The scope of this conference was wide-ranging, dealing with theological, metaphysical, philosophical and historical themes. Though Solov'ev's broad intellectual activity defies any (...) strict attempt at categorisation, the editors have classified its major themes under the dual characteristic of reconciliation and polemics. Solov'ev was passionately committed to the reconciliation of all beings under the idea of all-unity, which he attemted to achieve by engaging in uncompromising polemics with his contemporaries, The thirty contributors to this volume are specialists from Russia, Ukraine, Bulgaria, Western Europe and the United States. The volume makes a significant contribution to the intellectual reassesment of Vladimir Solov'ev since the rediscovery of his philosophical heritage in his own homeland in the 1980s. (shrink)

Something is wrong with current discussions about theory reduction. The question of whether higher level theories are reducible to lower level theories cannot be posed in a sensible way if methodological principles that are needed to evaluate scientific theories are disregarded. If this is recognized, the problem looses much of its alleged importance.

Umuntu ngumuntu ngabantu is the Zulu version of a traditional African aphorism . Although with considerable loss of culture-specific meaning, it can be translated as: “A human being is a human being through other human beings.” Still, its meaning can be interpreted in various ways of which I would like to highlight only two, in accordance with the grammar of the central concept ‘Ubuntu’ which denotes both a state of being and one of becoming.Firstly, it can be interpreted as a (...) statement of fact about the human condition, i.e. as a descriptive claim about the social nature of human being and personal identity; even the constitutive relation between alterity and identity. Secondly, it can also be interpreted as a value-judgement, i.e. as a normative appreciation of social difference and human diversity; even as an imperative to expose ourselves to others, to encounter the difference of their humanness, in order to fully become our own. The meaning would then be — to paraphrase a translation of Ramose : To be human is to affirm one’s humanity by recognising the humanity of others in its infinite variety of content and form.CONCLUSION :The challenge of a philosophical understanding of the multi-cultural context of apartheid South Africa has still to be met. To meet this challenge is to try and trace the consequences of what it would mean if — to paraphrase Walzer — our crucial commonality is our particularity. Perhaps it will mean accepting that what we are and are becoming, our identity, escapes any reduction to the categories of the ‘self’ and the ‘other’ and eludes a dialectical ‘aufhebung’ of their difference. This may be the case if what we are and are becoming involves the paradox of being and becoming ever more different in the realisation of our self-sameness. Our African aphorism speaks of this paradox and, in so doing, it draws a limit to our philosophical understanding and provides us with a rule of conduct: Umuntu ngumuntu ngabantu! (shrink)