Conflict Of Duties Research Articles

Своеобразие политической проблематики в трагедии Ж. Ротру «Ифигения в Авлиде» (1640)

The article examines J. Rotrou’s play “Iphigenie in Aulis” (1640), which ends the early period of the playwright’s tragic work and, along with Corneille’s “Horace” staged in the same year, marks a new stage in the development of French classic tragedy. In “Iphigenie” one can clearly see the consolidation of the poetological principles of the “correct” tragedy (organization of action in accordance with the rule of “three unities”, stylistic and linguistic homogeneity, construction of a discursive and rhetorical structure in relation to the main ideological and semantic – essentially political – contradiction). The analysis of “Iphigenie” allows us to observe one of the main distinctive features of Rothrou’s mature dramatic writing: the semantic complication of the conflict of duty and feelings (along with the meanings of political power) up to its insolubility. Rotrou deepens the contradiction between the idea of heroism, state interest – and the personal truth of a person whose suffering is caused by the requirement of public benefit. In this historically determined clash as direct moral and physical violence, without convincing justification, as a social phenomenon catastrophically provocative, the playwright discovers a new principle of tragedy. The transitional nature of “Iphigenie” between the early and late tragedies of Rotrou is revealed in the dependence traced in the text of the play on the mythological model that levels out the semantic contradiction, as well as on the Christian idea of divine justice and the providential nature of events.

Ein Konflikt in der Maxime. Kants Auffassung des moralischen Konflikts im Kontext seiner Zeit

Abstract What does Kant mean when he claims that a moral conflict is only possible as a conflict between obligating reasons (rationes obligandi)? How does this differ from a conflict of duties? And how does Kant’s idea relate to the understandings of moral conflict prevalent in his time? This paper distinguishes three influential traditional models (as represented by Wolff, Baumgarten, and Jesuit casuistry) for a comparison with Kant’s own conception of moral conflict. Before investigating these issues more deeply, the paper discusses a preliminary point regarding the liminal localization of the moral conflict between the domains of theory and practice. As a result, its solution depends both on the consistency of the moral theory and on the agent’s conscientiousness in the practice of moral judgment.

Konflikty wartości a racjonalność praktyczna

The article deals with the problem of conflicts of values and in particular issues such as: (1) what is a conflict of values? (2) what grounds claims about the existence of such conflicts? (3) are these conflicts apparent or real? (4) how can empirical conflicts be resolved? The successive steps of the presented argumentation are a development of the following propositions: (1) a conflict of values consists in the mutual incompatibility of the realization of values of equal strength; (2) a conflict of values is in fact a conflict of duties; (3) a conflict in the first principles of duty (revealed in peculiar practical situations) comes from either (a) the adoption of different historical ethos into a normative theory, or (b) errors (inconsistencies) in the theory; (4) ways of removing conflicts of duty consist in correcting the normative theory by introducing necessary meta-principles to it. At the end of the article, the following thesis is presented: the statement about the existence of real (ontological) conflicts of duty is inconsistent with the postulate of applying practical rationality in practice.

THE ISSUE OF «TRIAGE» IN GERMAN CRIMINAL LAW

The article deals with the issue of “triage” through the prism of the legal concept of the “justifying conflict of duties», which has triggered considerable debate in Germany in particular with regard to the Covid pandemic. Attention is brought to problems associated with criteria, on the basis of which a physician has to give priority to saving certain patients; the question is raised whether the legislator should establish such a “ranking” of criteria to which the physician must adhere or whether the physician should be left free to decide whom to save. It is also discussed whether the physician can be held criminally responsible for the death of the other patient. An overview of the legal assessment of the three forms of triage in Germany is given. The author also addresses the question of the legal consequences for the physician if he makes a decision for improper motives.

Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law

Abstract The Covid-19 pandemic has exposed many weaknesses of healthcare systems. An example of a crisis situation is the case of a doctor who has to make a decision about qualifying a patient with COVID-19 for an intensive care bed when there are not enough such beds and when, out of the many obligations to save lives, he can choose and fulfil only one. The aim of this paper is to analyse the criteria of establishing the priority in access to intensive care, to settle the conflict of obligations in regard to criminal liability, with respect to Art. 26 § 5 of the Polish penal code regarding the doctor’s decision to provide, or to not provide, healthcare services including intensive care given the extreme shortage of the beds, to determine the scope of legal safety guarantees laid down in the good Samaritan clause and the relationship between the conflict of duties and the clause. The work is theoretical with the use of a formal-dogmatic and functional analysis of Polish criminal law.

Enterprise Risk Management And Internal Audit Model Proposal for Turkish Agricultural Credit Cooperatives

Örgütlerdeki önemi ve fonksiyonu bakımından denetim tartışılmaz bir faaliyettir. Denetimin rolünü gerçekleştirebilmesi için de yerinde yapılandırılmalıdır. Kamu İç Kontrol Standartları doğrultusunda kamu kurumları, riskleri tanımlamak, değerlendirmek ile izlemeye yönelik sistem kurmaları gerekmektedir. Risk belirleme faaliyetleri, kamu kurum stratejilerinin kararlaştırıldığı planlama prosedürlerine entegre şekilde yürütülmelidir. Risk yönetimi örgüt hedeflerinin tutturulmasında ehemmiyet teşkil etmesi ile iç denetim birimlerinin de bu hususta danışmanlık hizmeti vermesi düşünülmektedir. Türkiye Tarım Kredi Kooperatiflerinde denetim faaliyetleri merkez birliğine bağlı müfettişler ile bölge birliklerine bağlı kontrolörler marifetiyle yürütülmektedir. Teftiş, inceleme ve soruşturma konularında bu birimler arasında görev çakışması bulunmaktadır. Bu kapsamda çalışmanın amacı, Türkiye Tarım Kredi Kooperatiflerinde etkin iç kontrol ile iç denetim sisteminin nasıl uygulanabileceğini ortaya koymaktır. Çalışmada ilk olarak, Kurumsal Risk Yönetimi ile iç denetim kavramları açıklanmıştır. Uygulama kısmında ise, gerekli şartları sağlayan risk temelli bir iç denetim süreci için model önerisi sunulmuştur. Araştırma neticesinde Türkiye Tarım Kredi Kooperatiflerinde de Kurumsal Risk Yönetimi ve iç denetim konularında çalışmalar yapılması gerektiği tespit edilmiştir.

Love thy neighbour? Allocating vaccines in a world of competing obligations

Although a safe, effective, and licensed coronavirus vaccine does not yet exist, there is already controversy over how it ought to be allocated. Justice is clearly at stake, but it...

An ethical intuitionist account of transparency of algorithms and its gradations

To make evaluations about the morally relevant impacts of algorithms, transparency is needed. This paper lays out discussion of algorithms and transparency in an explicitly moral analysis with a special focus on the domain of justice and security. The paper provides an account of the moral import of transparency, defined itself as an instrumental value denoting a state of affairs conducive to acquisition of knowledge about some X. A normative account of transparency is outlined relying on an intuitionist framework rooted in the works of Ross and Robert Audi. It will be argued that transparency can be derived as a subsidiary (prima facie) principle from other duties including beneficence and justice and that it is groundable in the value of knowledge. Building on this foundation, the paper examines transparency and duty conflict with a special focus on algorithms in justice and security, recognising that complete transparency can be impossible where duties conflict. It is argued that as a subsidiary (prima facie) principle, transparency is overridable but ineradicable, which is to say that sufficiently justifiable reasons for secrecy or opacity can licence limiting transparency, that is, there may be occasion where full transparency is not our final duty.

Pflichtenkollision bei Achenwall/Pütter

In § 116 of Achenwall/Pütter Elementa Iuris Naturae the following possibilities of conflicts of duties are listed: “There can be a conflict 1. of prohibiting laws with each other, 2. of prescribing laws with each other, 3. of prescribing laws with prohibiting laws.” It will be examined in this article, whether the three theses can be made plausible by examples, and especially, whether thesis No. 1 is convincing in relation to the idea that perfect duties (or prohibiting laws) cannot come into conflict with each other. Fur­thermore the thesis of Immanuel Kant in his Metaphysics of Morals will be discussed, that there is no conflict of duties at all, but only a “contradiction of reasons of binding­ness”. Finally, the argument of Achenwall/Pütter, that the well known duty “bring your­self to perfection!” (Latin: “perfice te!”) may come into conflict with duties in respect to others, and that an argument for a right to act against others in cases of necessity can be given in this context (cf. Achenwall/Pütter, §§ 118, 205, 296).

The duty to warn at-risk relatives-The experience of genetic counselors and medical geneticists.

Studies published over 15 years ago surveyed genetic counselors (GC) and medical geneticists (MG) to examine their clinical experiences with the conflict of "duty to warn" versus patient confidentiality. Federal and state laws pertaining to medical professionals' duty to warn have since been implemented following the publications of these studies. Using a merged version of surveys employed in the prior studies, this study seeks to understand clinicians' current decision-making process when faced with patient refusal to inform at-risk relatives, as well as their familiarity with and opinions of laws and guidelines covering this issue. Consistent with the previous studies, the majority of MG and almost half of GC experience patient refusal. Significantly, fewer MG and GC believe they had a duty to warn their patients' relatives of genetic risk. Only 8% of participants believe current guidelines effectively address the issue of duty to warn. Participant awareness of federal or state laws regulating the disclosure of genetic information remains low. The conflict of duty to warn remains a shared experience among genetics professionals, and resources are needed to facilitate informed decision-making. Participants' opinions of current policies and clinical decisions may guide professional actions regarding duty to warn.

Physicians\u2019 experiences with euthanasia: a cross-sectional survey amongst a random sample of Dutch physicians to explore their concerns, feelings and pressure

BackgroundPhysicians who receive a request for euthanasia or assisted suicide may experience a conflict of duties: the duty to preserve life on the one hand and the duty to relieve suffering on the other hand. Little is known about experiences of physicians with receiving and granting a request for euthanasia or assisted suicide. This study, therefore, aimed to explore the concerns, feelings and pressure experienced by physicians who receive requests for euthanasia or assisted suicide.MethodsIn 2016, a cross-sectional study was conducted. Questionnaires were sent to a random sample of 3000 Dutch physicians. Physicians who had been working in adult patient care in the Netherlands for the last year were included in the sample (n = 2657). Half of the physicians were asked about the most recent case in which they refused a request for euthanasia or assisted suicide, and half about the most recent case in which they granted a request for euthanasia or assisted suicide.ResultsOf the 2657 eligible physicians, 1374 (52%) responded. The most reported reason not to participate was lack of time. Of the respondents, 248 answered questions about a refused euthanasia or assisted suicide request and 245 about a granted EAS request. Concerns about specific aspects of the euthanasia and assisted suicide process, such as the emotional burden of preparing and performing euthanasia or assisted suicide were commonly reported by physicians who refused and who granted a request. Pressure to grant a request was mostly experienced by physicians who refused a request, especially if the patient was ≥80 years, had a life-expectancy of ≥6 months and did not have cancer. The large majority of physicians reported contradictory emotions after having performed euthanasia or assisted suicide.ConclusionsSociety should be aware of the impact of euthanasia and assisted suicide requests on physicians. The tension physicians experience may decrease their willingness to perform euthanasia and assisted suicide. On the other hand, physicians should not be forced to cross their own moral boundaries or be tempted to perform euthanasia and assisted suicide in cases that may not meet the due care criteria.

КОМЕДИЯ В. И. ЛУКИНА «МОТ, ЛЮБОВЬЮ ИСПРАВЛЕННЫЙ» В КОНТЕКСТЕ ЕВРОПЕЙСКИХ ЭСТЕТИЧЕСКИХ НОВАЦИЙ

The article considers the formation of the intermediate genre in the Russian dramaturgy of the 1760s. The study is based on V. I. Lukin’s comedy “Prodigal, Corrected with Love”, which has not previously attracted researchers’ attention. Actually, the play was strongly influenced by D. Diderot’s aesthetic innovations. The authors show that considering revaluation of cultural values, V. I. Lukin’s comedy reinterprets the conflict of duty and passion developing within the realm of conscience. The paper concludes that the dominant motives of the play (a spiritless personage and parents’ authority) are in tune with the Russian literature of the XVII century.

Conflicting Duties in Criminal Law

Despite the great interest aroused among Anglo-American criminal law scholars by the justification of necessity, the conflict of duties as a separate defense sui generis has gone largely unnoticed until now. The aim of this paper is to fill the gap by providing a critical review of the concept and foundation for a conflict of duties as defense in the continental criminal law. Regarding the former, this legal institution is defined as a conflict between grounds of obligation that cannot be cumulatively fulfilled. Their deontic nature (prohibited or required) is thus irrelevant. With regard to the second issue, the argument is made that the solution of the collision involves a judgment set out to hierarchically arrange the colliding reasons from a formal point of view that is respectful with the principles of autonomy and solidarity. Therefore, the obligor must only fulfill the strongest ground of obligation—the only duty that can be legitimized in the particular situation—or, when before a conflict between equivalent grounds of obligation, they must comply with the disjunctive or alternative duty—aid one or the other—which the legal system imposes on them.

Jung’s Compensatory Ethical Theory

ABSTRACTThe author, reviewing a book on Jung’s moral psychology by the psychoanalyst Dan Merkur, concludes that Jung’s idea of a divergence in aim between conscious and unconscious creates in the psyche a conflict of duties, toward the ego and its persona, on the one hand, and toward the self and its soul, on the other. An individual mind can reconcile this conflict only by ethical position-taking, which is arrived at through moral effort that fosters a growth of consciousness but is never without ambivalence and uncertainty as to the principles that have informed it. Jung’s idea that the unconscious is there to compensate for any ethical position taken by the conscious mind is echoed by contemporary psychoanalytic notions of collaboration between superego and ego in producing moral stances. Merkur is praised for recognizing Jung’s priority at countering Freud’s position that the unconscious cannot think about the ethical conflicts that are experienced by the ego.

A Qualitative Pilot Study on Donation After Cardiac Death (DCD)

Aim DCD is considered a viable solution to reduce organ shortage, but it raises serious ethical and psychological issues that cannot be ignored. Understanding what alters DCD acceptance by ICU caregivers is important to run a sustainable DCD program and to offer an adapted support for the personnel involved. The aim of our research was to shed new light on feelings experienced by caregivers when involved in DCD. Methods We conducted an exploratory qualitative study before the introduction of DCD to investigate how ICU caregivers at the Geneva University Hospitals perceive DCD and how they associate this practice to ethical interrogations. Our qualitative study was based on three semi-structured focus groups with a sample of twenty-four caregivers (nurses, physicians and care assistants). Results Our analysis of caregivers’ feelings toward DCD showed the presence of various stress factors which are perceived as potential barriers to DCD acceptance. The temporal proximity between therapeutic withdrawal decision and organ donation process introduces a sense of “conflict of duty” in caregivers. Brain death not being central in DCD, traditional landmarks in donation are lost, which makes caregivers uncomfortable with this procedure. Some ICU professionals are afraid of families’ and public’s judgment. Some of them may perceive incoherence between social desirability and individual values. Taking into account all these issues, we can also observe that the majority of caregivers are able to deal with these complexities; they do not reject DCD but on the contrary they made several suggestions which are intended to reduce psychological impact of DCD, such as a desire of objectivity regarding DCD criteria or the training of specialised professionals to achieve DCD process. They stated being in favour of organ donation and in addition, we also observe trust in the DCD program and a high level of support within ICU. Conclusion Our qualitative study highlights major psychological distress induced by DCD, which represents a potential barrier to DCD acceptance in ICU. However, we can also observe that caregivers are able to deal with DCD difficulties by proposing solutions which are intended to reduce its psychological impact. In view of our results, we can consider if the introduction of DCD in the ICU should be accompanied by a program of psychological support to help caregivers dealing with this new and demanding activity. A pilot study on the feelings experienced by the nursing and medical staff in the adult intensive care unit (ICU) of the Geneva University Hospitals. This study was financially supported by the Department of Anaesthesiology, Pharmacology and Intensive Care Medicine Research Fund. The Geneva University Hospital DCD program is financially supported by the Geneva University Hospitals Private Foundation. We also gratefully acknowledge the support of Dynèle Gautier and also all the adult intensive care unit who has always been highly collaborative.

ВЛИЯНИЕ МОРАЛЬНЫХ ДИЛЕММ НА ТРАНСФОРМАЦИЮ КАТЕГОРИЧЕСКОГО ИМПЕРАТИВА И. КАНТА

In this paper, we discuss the possibility of theoretical exploration of moral dilemmas as well as the elaboration the solution strategy from the standpoint of the deontological ethics. The main difficulties the deontological ethics in this area are identified. Hereafter we analyze the main provisions of the moral doctrine of I. Kant, who is usually regarded as the main authority for strict deontological position in ethics. We try to prove that it is not the categorical imperative, but the «‘ought’ implies ‘can’» principle should be considered as the starting point for the analysis of moral dilemmas in Kantian deontology, taking into consideration that Kant himself claimed the conflict of duties to be fundamentally impossible. We suggest that the modifying the basic principles of deontology would allow it to explore moral dilemmas. The most effective modification would be that comprises the concept of responsibility without sacrificing the «‘ought’ implies ‘can’» principle. At the same time, there is no necessity to construct a moderate version of deontology with the ranking of moral responsibilities. So we analytically discuss the closest theoretical positions of H. Jonas who modified the Kantian moral requirement, showing its anthropological limitations. The role the prediction of the technological development consequences plays the principle of responsibility by H. Jonas is shown. R. Barkan Marcus focuses attention on the unanticipated character of the moral dilemmas that may interfere with the implementation of the postulates of practical reason. She develops the concept of duty, aimed at providing certain condition that will facilitate the performance of moral acts in the future.

Workflow efficiency for the treatment planning process in CT-guided high-dose-rate brachytherapy for cervical cancer

PurposeTo investigate process efficiency, we present a prospective investigation of the treatment planning phase of image-guided brachytherapy (BT) for cervical cancer using a specific checklist. Methods and MaterialsFrom October 2012 to January 2014, 76 BT procedures were consecutively performed. Prospective data on the CT-based treatment planning process was collected using a specific checklist which details the following steps: (1) dosimetry planning, (2) physician review start, (3) physician review time, (4) dosimetry processing, (5) physics review start, (6) physics review, and (7) procedural pause. Variables examined included the use of a pre-BT MRI, clinic duty conflicts, resident teaching, and the use of specific BT planners. Analysis was performed using descriptive statistics, t-test, and analysis of variance. ResultsSeventy-five prospectively gathered checklists comprised this analysis. The mean time for treatment planning was 95 minutes (med 94, std 18). The mean intervals in the above steps were (1) = 42, (2) = 5, (3) = 19, (4) = 10, (5) = 6, (6) = 13, and (7) = 26 minutes. There was no statistical difference in patients who had a pre-BT MRI. Resident teaching did not influence time, p = 0.17. Treatment planning time was decreased with a specific planner, p = 0.0015. ConclusionsA skillful team approach is required for treatment planning efficiency in image-guided BT. We have found that the specific BT planners can have a significant effect on the overall planning efficiency. We continue to examine clinical and workflow-related factors that will enhance our safety and workflow process with BT.

Whistleblowing in the Wind Towards a Socially Situated Research Agenda: A Response to Recent Commentaries.

Whistleblowing in the Wind Towards a Socially Situated Research Agenda: A Response to Recent Commentaries.

Reporting Organ Trafficking Networks: A Survey-Based Plea to Breach the Secrecy Oath

Patients travel worldwide to purchase kidneys. Transplant professionals can play a role in identifying kidney purchase. However, due to the tension between their rights and obligations, a lack of understanding and knowledge exists on how to prevent and report purchase. We present the results of a national survey that describes transplant professionals' experiences, attitudes, behaviors, conflicts of duties, legal knowledge and needs for guidelines toward patients who purchase kidneys abroad. Second, we clarify professionals' rights and obligations regarding organ purchase and propose actions that they can take to report purchase. Of the 100/241 (42%) professionals who treated patients who traveled to a country outside the European Union for a kidney transplant, 31 (31%) were certain that patients purchased kidneys. Sixty-five (65%) had suspicions that patients had bought kidneys. The majority reported a conflict of duties. Eighty percent reported a need for guidelines. Professionals can help prevent organ purchase by disclosing information about organ trafficking networks to law enforcement. Such disclosure can support the investigation and prosecution of networks. We offer key components for guidelines on disclosure of these networks.

The case for equal access to urgent dermatology appointments for Medicaid beneficiaries: When professional duty conflicts with economic reality

The case for equal access to urgent dermatology appointments for Medicaid beneficiaries: When professional duty conflicts with economic reality