prima facie
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Author(s):  
Azam Khorshidian ◽  
Alireza Parsapoor ◽  
Ehsan Shamsi Gooshki

Objectives: The basis of truth-telling is respecting the autonomy of patients and developing an ability to make informed decisions with valid consent. The purpose of this study was to ethically analyze the conflicts about truth-telling in dentistry. Materials and Methods: This case analysis focused on the issues of truth-telling in medicine and dentistry. The challenges encountered by dentists with respect to ethical issues related to truth-telling were discussed and analyzed by the research team. Results:  The literature review showed that the issue of truth-telling in dentistry has been addressed from three aspects: Truth-telling about other dentists’ medical errors, truth-telling about dangerous, refractory, or incurable diseases, and truth-telling to children or incompetent individuals for decision-making. Conclusion: When the duty of the dentist in truth-telling is conflicted with some other moral obligations, the conflict between the prima facie duties arises. The principle-based ethical theories provide a suitable conceptual framework for moral judgement in such conflicts. In cases of conflicts related to truth-telling, a balance should be maintained between principles and rules such as fidelity, respect for autonomy, maintaining trust in dentist-patient relation, and best interest of patients. The decision in truth-telling should be made individually for each patient based on the specific contextual conditions.


Keyword(s):  

En un sentido crítico y reflexivo los autores retoman la discusión de que más allá de la disputa si el Derecho es política, retórica o fenomenología, la disciplina jurídica claramente refleja su “nivel de calidad” a través de la jurisprudencia, entendida prima facie como doctrina y filosofía de juristas. Esta aseveración se refleja, de modo muy particular, a través de ámbitos medulares y propios de la tradición jurídica romanista como el Derecho Romano privado y público. Esta observación adquiere mayor trascendencia si consideramos el riesgo que supone, dentro de la profesión, que la práctica desconozca el arte y a una buena teoría que servirán de base y fundamento de las normas legales, los reglamentos, los formularios e incluso los trámites. Por lo tanto, los autores proponen al lector una revaloración del “Arte del Derecho” aludiendo de manera especial al caso ecuatoriano y sus bases histórico-fundacionales.


2022 ◽  
Vol 0 (0) ◽  
Author(s):  
Elisabeth Theresia Widmer

Abstract In recent literature, it has been suggested that Lange’s social and political philosophy is separate from his neo-Kantian program. Prima facie, this interpretation makes sense given that Lange argues for an account of social norms that builds on Darwin and Smith rather than on Kant. Still, this paper argues that elements of psychophysiological transcendentalism can be found in Lange’s social and political philosophy. A detailed examination of the second edition of the History of Materialism, Schiller’s Poems, and the second edition of The Worker’s Question reveals that Lange sought to develop a systematic foundation of psychophysiological transcendentalism that is presupposed in his social and political philosophy. This allows for a more detailed understanding of Lange’s practical philosophy and assures him a position in the tradition of neo-Kantian socialism.


2021 ◽  
pp. 003232172110655
Author(s):  
Rufaida Al Hashmi

The history of immigration policy is marked by the wrongful and discriminatory exclusion of certain groups of people. In this article, I argue that descendants of those who were wrongfully excluded have a pro tanto right to immigrate to the state in question as reparation. I begin by identifying the two main approaches theorists generally take to establish a claim for reparation: the inheritance approach and the counterfactual approach. In the first section, I argue that the inheritance approach does not offer a promising argument for reparations for descendants of those who were wrongfully excluded. In the second section, I argue that the counterfactual approach, by contrast, does. In the third section, I respond to the objection that this prima facie claim for reparation can be undermined by current circumstances. In the fourth section, I show why this reparation should be offered in the form of immigration rights.


Author(s):  
Luara Ferracioli

This book focuses on three key questions regarding the movement of persons across international borders: (1) What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? (2) Do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? And (3) if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise for a theory that does not endorse a human right to immigrate: the questions of who exercises self-determination in the area of immigration, why they have such a right in the first place, and how they should go about exercising it.


2021 ◽  
pp. 9-27
Author(s):  
Luara Ferracioli

Do states have a right to exclude prospective immigrants as they see fit? According to statists, the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable individuals. However, there is a concern in the philosophical literature that statists have not yet developed a theory that can protect children born in the territory from being excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. This chapter defends statism against this line of criticism and defends a new account of the value of citizenship for children.


Author(s):  
Paweł Mielcarz ◽  
Dmytro Osiichuk ◽  
Karolina Puławska

AbstractThe corporate governance reform promulgated in 2015 in Japan has contributed to a substantial increase of board independence and a reduction of average board tenure. Our empirical analysis covering 3405 public companies demonstrates that reinvigorated corporate oversight and an increasing post-reform shift towards prioritization of shareholder value have led to a persistent increase of corporate profitability, asset productivity, dividend payouts, acquisitions’ value, and valuation multiples. We also document a significant increase of sensitivity of executives’ and directors’ compensations to the dynamics of firms’ bottom lines. The positive changes are the most pronounced within companies where independent directors constitute a majority on the board. The most notable drawbacks of the reform are a significant reduction in net employment creation and in employee turnover within the largest companies. These might be a possible reason for the documented improvement in corporate performance. The number of part-time employees has also seen a significant increase. While being prima facie focused on reinvigorating the private sector, the corporate governance reform may implicitly undermine the established social contract based on job security. Therefore, our study is important from the perspective of sustainable development of the corporate sector as it demonstrates that while concentrating on improving corporate governance, it is also necessary to consider the business’ social responsibility.


2021 ◽  
pp. 114-130
Author(s):  
Luara Ferracioli

This chapter argues that the immigration arrangements of liberal states in the area of skilled migration can sometimes contribute to the inability of citizens in poor countries to secure their human rights to health care and education. It argues that because liberal states have a duty not to contribute to harm abroad, they should not implement migration arrangements that lead to a situation whereby vulnerable populations are left without adequate access to important human rights. The upshot of the discussion is that liberal states do not only have a prima facie right to exclude but also a duty to exclude when the relevant conditions are met.


2021 ◽  
pp. 94-113
Author(s):  
Luara Ferracioli

This chapter argues that the privileging of romantic and familial ties by those who believe in the liberal state’s prima facie right to exclude prospective immigrants cannot be justified. The reasons that count in favor of these relationships count equally in favor of a great array of relationships, from friends to creative collaborators, and whatever else falls in between. The result of the discussion is that liberal states must either focus on the interests of children only or the interests of all citizens who would like to be reunited with a person they enjoy a valuable and irreplaceable relationship.


2021 ◽  
pp. 47-68
Author(s):  
Luara Ferracioli

This chapter defends one of the building blocks of a complete liberal theory of immigration by defending an account of the state’s prima facie right to exclude that has the resources to explain what is wrong with “discriminatory” exclusion in the area of immigration—that is, exclusion on the basis of morally arbitrary features, such as sex, sexuality, and race. Like other statist accounts, the chapter appeals to a right to self-determination to justify a state’s right to exclude. But unlike these other theories, it does not appeal to the psychological harm of insult. The focus is instead on the liberal aspect of self-determination and the surprising ways in which liberal principles constrain the state’s right to both include and exclude prospective new members.


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