Because health care professions exist to provide a good for society, ethical questions are inherently part of them. Such professions and their members can be assessed based on how effective they are in developing knowledge and enacting practices that further the health and well‐being of individuals and society. The complexity of contemporary health care environments makes it important to prepare clinicians who can anticipate, recognize, and address problems that arise in practice or that prevent a profession from fulfilling its service (...) goals and obligations. Different health care professions have evolved distinct perspectives about appropriate goals for, and the purposes of, their clinicians, even when the goal of improving health and well‐being for society is shared across professions. While medicine and nursing goals are shared in principle, they differ in the particulars. Given the centrality to nursing of ethical questions, the profession has a collective responsibility to help clinicians at all levels of practice become ethically savvy and to reinforce their moral agency as needed. Both knowledge of nursing ethics and knowledge of the interdisciplinary field of bioethics are critical to nursing work. (shrink)

This article presents the findings of qualitative research which explored, from the mothers’ perspective, the process of decision-making about mode of delivery for a subsequent birth after a previous Caesarean Section. In contradiction to the clinical literature, the majority of mothers in this study were strongly of the opinion that a vaginal birth after caesarean (VBAC) posed a higher risk than an elective caesarean (EC). From the mothers’ perspective, risk discussions were primarily valuable for gaining support for their pre-determined choice, (...) rather than obtaining information. The findings posit ethical concerns with regards to informed consent and professional obstetric practice at a time when there is a documented and worrying trend towards an increase in births by caesarean section (CS). (shrink)

Philosophische Mythen und Modelle. Unzufriedenheit auf höchstem Niveau ; Der Mythenvorwurf in der Philosophie ; Modellierende Philosophie : eine contradictio in adjecto ; Der Mythos des Gegebenen ; Vom Mythos desGegebenen zum Mythos des Mittelbaren ; Interpretationismus und Wahrnehmungsphilosophie ; Transzendentaler Interpretationismus ; Die Verbindung des Mythos des Gegebenen mit dem Mythos des Mittelbaren : Repräsentationalismus ; Das Paradigma des Zugangs -- Phänomenologie : die Philosophie ohne Modell. Phänomenale Gewißheit ; Vom cartesischen Cartesianismus zum phänomenologischen Cartesianimus ; Intentionalität : das (...) fundamentum inconcussum relationalis ; Zu den Sachen und zurück zur Sprache ; Phänomenologische Protreptik ; Eidetische Variation -- Das Mich der Wahrnehmung. Von den Bedingungen der Möglichkeit zu den Folgen der Wirklichkeit ; Vom Primat des Wahrnehmenden zum Primat der Wahrnehmung ; Vom Ich zum Mich der Wahrnehmung ; Die Zumutung dauernder Anwesenheit ; Die Beschreibung der Anwesenheitszumutung : der Gehalt der Wahrnehmung ; Die Qualität der Wahrenmung und der Auffassungssinn ; Sich sicher sein, daß etwas der Fall ist : Wissen und Gewißheit ; Die unmögliche Epoché ; Vom Eindruck zum Ausdruck zur Teilhabe ; Transzendentale Ästhetik und die Unterstellung von Anschauungsformen ; Die Leiblichkeit des Wahrnehmenden : eine folge der Wahrnehmung ; Die Kontinuität des Wahrgenommenen ; Das Wahrgenommene und die Ursache der Wahrnehmung ; Die Zumutung der Öffentlichkeit ; Die Identität des Mich -- Die Partizipationspause. Pause versus Unterbrechung ; Die drei Paradigmen der Bildwahrnehmungstheorie ; Das besondre Objekt der Bildwahrnehmung ; Die besonderen Folgen der Bildwahrnehmung ; Zum Zuschauen gezwungen ; Die optische Entindividualisierung des Mich ; Zur Teilnahme entschieden. (shrink)

Now available in English for the first time, The Visibility of the Image explores the development of an influential aesthetic tradition through the work of six figures. Analysing their contribution to the progress of formal aesthetics, from its origins in Germany in the 1880s to semiotic interpretations in America a century later, the six chapters cover: Robert Zimmermann (1824-1898), the first to separate aesthetics and metaphysics and approach aesthetics along the lines of formal logic, providing a purely syntactic way of (...) using signs, regardless of objective content; Alois Riegl (1858-1905), who went on to further develop aesthetics on the model of formal logic, creating a theory of style in response to Zimmermann's call for an aesthetics oriented toward formal logic; Heinrich Wölfflin (1864-1945), who represents a step toward an understanding of consciousness by using pictures as cognitive tools; Konrad Fiedler (1841-1895), the Saxon philosopher who considered the possibility that some kinds of images are made and viewed not for what they show, but for their visibility's sake alone; Maurice Merleau-Ponty (1908-1961), responsible for taking up the connections between the problems of reducing the range of potential meanings and contexts of a given image down to just the picture surface; Charles William Morris (1901-1979), who set out to establish whether a picture with no objective reference, such as an abstract painting, still counts as a sign, and if so, in what sense. Bringing these thinkers together and interlinking their ideas, Lambert Wiesing presents an engaging history of formal aesthetics, while reconstructing the philosophical foundations for the appearance of new image forms in the 20th century, including the video-clip, abstract collage, digital simulation and virtual reality. Using this original approach, The Visibility of the Image introduces the rise of modern image theory and provides a valuable account of our engagement with pictures in the 21st century. (shrink)

Advances in life-sustaining medical technology as applied to neonatal cases frequently present ethical concerns with a strong emotional component. Neonates delivered in the gestation period of approximately 23held hostagemoral distress” regarding aggressive courses of treatment for some patients. Some of this distress results from a feeling of powerlessness regarding treatment decisions, coupled with a high intensity of hands-on contact with the patients and family. Lack of authority coupled with high responsibility may itself be a recipe for a different kind of (...) futility. (shrink)

pt. 1. Text -- pt. 2. Notes, bibliography and indices.

Issues surrounding the inclusion of transgender and intersex athletes in the women’s category in sport have spurred vigorous, and sometimes vicious, debate. The loudest voices on one edge of the de...

It is now common in health care for a diverse range of professions and disciplines to work together in regular and close contact. Thus, there are now calls in the literature for research that documents insights on the ethical dimension of multidisciplinary relationships. Recent Australian research has responded to this call by examining how a multidisciplinary team of health professionals define and operationalize the notion of ethics in an acute ward hospital setting. This article provides findings from the research study (...) that indicate that, although there is a shared conceptualization of ethics as "patient-centered care", there can be times of conflict and tension in determining what is best for the patient. The discussion begins to build an understanding of how a multidisciplinary mix of health professionals responds to ethical conflict and tension. The authors' hope and expectation is that, by keeping the research focus on what health professionals in a multidisciplinary team (MDT) actually do, rather than exclusively on how they philosophically think about ethical dilemmas, the insights can be translated into practical strategies that can be utilized to strengthen the process of ethical decision making within the health care system. (shrink)

In recent years there has been an increasing critique of the philosophically based reasoning in bioethics which is known as principlism. This article seeks to make a postmodern contribution to this emerging debate by using notions of power and discourse to highlight the limits and superficiality of this , rationalistic mode of reflection. The focus of the discussion will be on the principle of autonomy. Recent doctoral research on a hospice organization (Karuna Hospice Service) will be used to contextualize the (...) debate to end-of life ethical dilemmas. The conclusion will be reached that the discursive richness of this organization's notion of autonomy or choice, which incorporates a holistic respect for the individual and the active creation of alternatives, can provide important insights to our understanding of autonomy in bioethics. The concern is raised that if autonomy is reified as a principle outside of the context of discourse, it may only complement the hegemonic power of biomedicine. (shrink)

This paper examines the extent to which parents have absorbed New Right ideas about education and acted accordingly. What emerges is that their commitment to the rhetoric of school choice is strong. However, concepts such as the market and competition are viewed less favourably. An important theme here is the avoidance by parents of any collective agenda in discussing education policy, a factor that may thwart those who attempt to predict their responses to government policy for schools.

For qualitative researchers seeking the perspectives of people with unusual characteristics or circumstances, compliance with expectations about participant anonymity can be difficult, if not impossible. In the age of internet communications and emerging research methodologies, traditional strategies require ongoing re-examination to ensure cohesion between a project’s ethical framework and its research practice. This paper reflects on the approach to informed consent used in a study with parent carers whose children had high-level support needs. A two-step process of written consent was (...) developed in response to concerns about the possible re-identification of these parents as a result of their highly individual circumstances. This approach acknowledged the potential for identification, and maximised participants’ agency in choosing the level of risk that they were comfortable to accommodate. The paper discusses the researcher’s and participants’ responses to the adapted consent process and recommends that researchers and ethics review committees remain open to the development of collaborative and innovative approaches that are also culturally and contextually relevant, to enable people to contribute perspectives that might otherwise be silenced by the very ethical frameworks that purport to protect their interests. (shrink)

Nurses’ bodywork: is there a body of work? The work that many nurses do involves the use of their own body as one of the tools of their occupation. Being a nurse, in many cases, means controlled, purposeful use of her or his own body oriented to the patient. This paper discusses some of the ways in which nurses’ bodies and the work that those bodies do are represented in professional and academic research accounts and made relevant in literature. Using (...) instances of bodies and bodily activity mentioned in a variety of literature, the paper discusses three categories of accounts of nursing bodywork: those which are problematised and where the nurse's body is seen as a topic for investigation, and those which are unproblematised either explicitly discussing bodily activity (for example, touch) or implicitly dealing with bodywork (for example, taking blood pressure). Four ways in which nurses’ bodies are made relevant in accounts are proposed: relational, corporate, instrumental and human.The paper discusses the prominence (or not) nurses’ bodies are given in professional and academic accounts, as a contribution to preliminary work of generating a topic for investigation and concludes with some suggestions as to how this investigative project might be taken forward, focusing primarily on an examination of methodic practices, or how bodywork is brought off and executed as a skilled but taken‐for‐granted activity. (shrink)

There is a growing trend in Australia to require lawyers to certify reasonable prospects of success for the cases they bring and defend. New South Wales has led the way with the Legal Profession Act 2004 (NSW) Pt 3.2 Division 10 requiring legal practitioners to certify reasonable prospects of success in all claims for damages. The requirement places a significant onus on lawyers to make a judgment about the merits of a case before it is begun, yet the common law (...) has long provided mechanisms to ensure that cases without prospects of success do not go to trial. This article considers Australian legislative provisions requiring lawyers to certify reasonable prospects of success of cases. It examines the application of the NSW legislation by the courts highlighting the difficulties of interpretation of what constitute 'reasonable prospects of success' and the application of the legislation in the context of the dynamic litigation process. It is argued that these legislated obligations on lawyers will have a detrimental effect on access to justice by denying parties, in particular plaintiffs, the opportunity to have their cases properly and fully determined in the courts. This article examines common law mechanisms for dissuading cases without prospects and argues that the general law is an effective system for ensuring that cases without prospects of success are not maintained. The Australian experience is instructive for consideration of optimal reform packages for the administration of justice and to evaluate the role of any litigation lawyer within the judicial and court process. (shrink)

The authors contend that most contemporary logic textbooks fail the average student because they emphasize the evaluation of arguments over their clarification, assuming that the student already understands what motivations underlie logic.

This paper explores the bioethical issues associated with the diagnosis and treatment of vulvar cancer for Indigenous women in East Arnhem Land, Northern Territory, Australia. Based on a qualitative study of a vulvar cancer cluster of Indigenous women, the article highlights four main topics of bioethical concern drawn from the findings: informed consent, removal of body parts, pain management, and issues at the interface of Indigenous and Western health care. The article seeks to make a contribution towards Indigenous health and (...) bioethics and bring to light areas of further research. (shrink)

A survey of the philosophy of sport literature reveals that arguments regarding the issue of sex segregation in athletics have been advanced from time to time, but there has been little sustained discussion, no consensus, and no change in existing practice. In this paper, an effort to advance the conversation, I begin with Jane English’s seminal 1978 article as a springboard and employ existing literature on the question of sex segregation in order to raise difficulties with English’s analysis and outline (...) the basic alternative positions that have been taken on the issue. My own contribution to the conversation is in the introduction of four distinctions – between individual and team sports, direct and indirect competition, contact and non-contact sports, and amateur and professional sports – that have not been part of the discussion about the conditions under which men and women might compete against one another. These distinctions resolve several difficulties noted by others and suggest a more nuanced conclusion about desirable changes to the structure of sporting competition. (shrink)

The present paper is a kind of selective summary of my book The Genesis of Yogācāra-Vijñānavāda. [1.–2.] It deals with questions of origin and early development of three basic concepts of this school, viz., the ‘idealist’ thesis that the whole world is mind only or manifestation only, the assumption of a subliminal layer of the mind, and the analysis of phenomena in terms of the “Three Natures”. [3.] It has been asserted that these three basic concepts are logically inseparable and (...) therefore must have been introduced conjointly. [4.] Still, from Vasubandhu onward treatises have been written in which only one of the three concepts is advocated or demonstrated to be indispensable, without any reference to the other two being made. Likewise, in most of the earlier Yogācāra treatises, the three concepts occur in different sections or contexts, or are even entirely absent, as vijñaptimātra in the Yogācārabhūmi and ālayavijñāna in the Mahāyānasūtrālaṁkāra and Madhyāntavibhāga. [5.] It is therefore probable that the three concepts were introduced separately and for different reasons. [5.1.] As regards the concept of the “Three Natures”, I very hypothetically suggest that it was stimulated by the Tattvārthapaṭala of the Bodhisatvabhūmi. [5.2.1.] In the case of ālayavijñāna, I still think that my hypothesis that the concept originated from a problem emerging in connection with the “attainment of cessation” holds good and has not been conclusively refuted, but I admit that Prof. Yamabe?s hypothesis is a serious alternative. [5.2.2.] An important point is that in the Yogācārabhūmi we come across two fundamentally different concepts of ālayavijñāna, the starting point for the change being, probably, the fifth chapter of the Saṁdhinirmocanasūtra. [5.3.] As for ‘idealism’, we may have to distinguish two strands, which, however, tend to merge. [5.3.1.] The earlier one uses the concept cittamātra and emerges as early as in the Pratyutpanna-buddha-saṁmukhāvasthita-samādhi-sūtra in connection with an interpretation of visions of the Buddha Amitāyus. [5.3.2.] The later strand introduces the concept vijñaptimātra and seems to have originated in the eighth chapter of the Saṁdhinirmocanasūtra in connection with a reflection on the images perceived in insight meditation. [5.3.3.] In texts like the Mahāyānasūtrālaṁkāra, concepts from other Mahāyānasūtra strands become prominent in this connection, and it is only in the Mahāyānasaṁgraha that the use of vijñaptimātra is finally established. (shrink)

The confusion/non-consequential thinking explanation proposed by Newstead, Girotto, and Legrenzi (1995) for poor performance on Wason's THOG problem (a hypothetico-deductive reasoning task) was examined in three experiments with 300 participants. In general, as the cognitive complexity of the problem and the possibility of non-consequential thinking were reduced, correct performance increased. Significant but weak facilitation (33-40% correct) was found in Experiment 1 for THOG classification instructions that did not include the indeterminate response option. Substantial facilitation (up to 75% correct) was obtained (...) in Experiment 2 with O'Brien et al.'s (1990) one-other-THOG classification instruction. In Experiment 3, a revised version of O'Brien et al.'s pre-test problem format also led to substantial facilitation, even with the use of the standard three-choice THOG classification instruction. These findings are discussed in terms of Newstead et al.'s theoretical proposal and possible attentional factors. (shrink)

Although mainstream research institutions and health care organisations are now starting to acknowledge the important contribution of qualitative research, there are still many obstacles to obtaining funding. Consequently, at all points along the continuum of obtaining funds, enrolling participants and conducting the research, qualitative researchers will benefit from being able to refer to, or reference, a body of empirical knowledge that addresses ethical issues raised by those who have responsibility for decision-making about the implementation of research proposals. This article has (...) been written with this strategy in mind. One such ethical issue is a concern about the impact on participants of being involved in qualitative studies when they are in a vulnerable state from a distressing life experience. This article provides empirical data that describes the benefits associated with qualitative research process for parents enrolled in a longitudinal study looking at the issues associated with the diagnosis and treatment for paediatric haematological malignancies. The empirical findings affirm the significant beneficial contribution that qualitative research can make to the lives of those coping with an extremely challenging health care situation. (shrink)

Medical ethics has traditionally been governed by two guiding, but sometimes conflicting, principlesthe Substituted Judgment Standard shows our concern for autonomy, whereas the Best Interest Standard shows our commitment to benevolence. Both standards are vulnerable to criticisms. Further, the principles can seem to offer conflicting prescriptions for action. The criticisms and conflict figure prominently in discussion of advance directive decisionmaking and Alzheimer's disease. After laying out each of the current standards and its problems, with Alzheimer's issues as my central concern, (...) I offer a new standard that avoids the problems while honoring our concerns for both autonomy and benevolence. (shrink)

This article describes an artwork in progress; a digital video of synchronized visual patterns based in part on rhythmic practices that are said to reliably lead to a shifted state of consciousness. The artwork is being developed to further understand the correlation of rhythm and consciousness. The investigation is based on a comparative study of the following practices: ‘The Art of Memory’ and Raymon Llull’s thirteenth-century diagrammatic mnemonics, the Lucid Dreaming exercises developed at Stanford University and the African Yoruba rhythms (...) of ritualized possession. Throughout history, states of extreme lucidity, whether described as ‘ah-ha’ moments or life-transforming epiphanies, have been described with striking consistently and with such frequency that, rather than extraordinary, they seem to be fundamental to the human condition. The paradoxical state of lucid dreaming has been scientifically identified at Stanford University as a state of wakeful awareness that occurs during REM sleep, while dreaming. We might anticipate in the near future, the identification of a wakeful state of lucidity, a state as distinct from normal wakeful awareness as the state of dreaming. Those who have experienced altered states of consciousness can lend unique perspective and insight into the nature of consciousness. Analysis of practices that lead to such states add further insight. From running, to rhythmic breathing, to the circular movement of pilgrims at Mecca, to circular mosh pits, rhythmic activity is prevalent among practices that are said to lead to a shifted state of consciousness. The research suggests that in addition to rhythm itself, the relationship between rhythms is a significant factor corresponding to shifted states of consciousness. The digital video artwork discussed in this article might be thought of as a visualization of such rhythmic sequencing, and its development a creative method of inquiry. (shrink)