Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma) or may have a broad aim to research a range of (...) factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes (...) a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

ABSTRACTElder abuse is a serious and under-detected problem. Law reform agencies and legal profession regulatory authorities have called for action to ensure that lawyers meet their ethical obligations to older clients, including identifying and acting on risk factors for abuse. Screening tools to detect situations of elder abuse exist, but they are targeted mainly at health and social care practitioners. Drawing on international literature, this article identifies and discusses screening tools that could be adapted for use by legal professionals. Three (...) general categories of screening are relevant for lawyers who serve older clients: elder abuse screening tools that cover all domains of abuse or target specific behaviours, such as financial exploitation; screening for decision-making capacity, especially taking account of the impact of abuse or neglect on capacity; and screening to probe the suitability of a person to act in a formal decision-making role for an older person. The article emphas... (shrink)

BackgroundDefensive practice occurs when physicians provide services, such as tests, treatments and referrals, mainly to reduce their perceived legal or reputational risks, rather than to advance patient care. This behaviour is counter to physicians’ ethical responsibilities, yet is widely reported in surveys of doctors in various countries. There is a lack of qualitative research on the drivers of defensive practice, which is needed to inform strategies to prevent this ethically problematic behaviour.MethodsA qualitative interview study investigated the views and experiences of (...) physicians in Australia on defensive practice and its contribution to low value care. Interviewees were recruited based on interest in medico-legal issues or experience in a health service involved in ‘Choosing Wisely’ initiatives. Semi-structured interviews averaged 60 min in length. Data were coded using the Theoretical Domains Framework, which encapsulates theories of behaviour and behaviour change.ResultsAll participants (n = 17) perceived defensive practice as a problem and a contributor to low value care. Behavioural drivers of defensive practice spanned seven domains in the TDF: knowledge, focused on inadequate knowledge of the law and the risks of low value care; skills, emphasising patient communication and clinical decision-making skills; professional role and identity, particularly clinicians’ perception of patient expectations and concern for their professional reputation; beliefs about consequences, especially perceptions of the beneficial and harmful consequences of defensive practice; environmental context and resources, including processes for handling patient complaints; social influences, focused on group norms that encourage or discourage defensive behaviour; and emotions, especially fear of missing a diagnosis. Overall, defensive practice is motivated by physicians’ desire to avoid criticism or scrutiny from a range of sources, and censure from their professional peers can be a more potent driver than perceived legal consequences.ConclusionsThe findings call for strengthening knowledge and skills, for example, to improve clinicians’ understanding of the law and their awareness of the risks of low value care and using effective communication strategies with patients. Importantly, supportive cultures of practice and organisational environments are needed to create conditions in which clinicians feel confident in avoiding defensive practice and other forms of low value care. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes (...) a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

This article traces the development and growth of health justice partnerships (HJPs) in three countries: the United States, Australia and the United Kingdom.

People with dementia have commonly been excluded from research. The adverse impacts of this exclusion are now being recognized and research literature, position statements, and ethics guidelines increasingly call for inclusion of people with dementia in research. However, few published studies investigate the views of potential participants on taking part in research should they experience dementia-related cognitive impairment. This cross-sectional survey examined the views of people aged sixty and older attending hospital outpatient clinics about clinical research participation if they had (...) dementia and impaired decision-making ability. Over 90 percent of respondents were agreeable to participating in a wide range of research activities, such as cognitive testing, physical measurements, imaging procedures, and blood draws. For drug studies, however, agreement dropped to 60 percent. Altruism was a strong motivator for research participation. In regard to who should be involved in decisions about their participation in research during periods of incapacity, respondents mostly preferred the person they appoint as their substitute decision-maker for healthcare matters or a doctor or health professional on the research team. Over three-quarters expressed interest in making an advance research directive. The study findings are discussed in relation to law reforms in Australia that aim to strengthen respect and inclusion for people with impaired decision-making capacity, especially by providing frameworks for advance planning for research participation. (shrink)

The untranslatable and intriguing notion of ethos (mores, goodness, character, etc.) contrasts in Ancient rhetoric with pathos and logos, the other two pisteis or means of persuasion. Rhetorical ethos is characterized by ambivalence; is it essentially extra- or intra-discursive? an effect of the soul or an effective simulacrum? stable or circumstantial? As a discursive image, an artefact of speech, ethos remains problematic in its legitimacy. As shown in this volume, Montaigne's readings of Ancient theories of ethos resonate in the Essais. (...) The rhetorical effectiveness of Plutarch and Socrates versus Brutus and Seneca, for instance, is assessed in terms of ethos and a revealing style. Montaigne weighs rhetorical and ethical theories as he judges the writings of others, stages diverse types or characters, and develops in his book his own notion of ethos, paradoxical and dynamic, changing as is our soul. A variety of ethe narrated or enacted are also examined: Stoic figures and philosophers, generals, courtiers and honnetes hommes, Indians, tragic heroes and heroines, among others. This collection of essays, beyond Montaigne studies, contributes to intellectual history, and to rhetorical, ethical, and political inquiry, for the early modern period and beyond. Montaigne's quest for more human and humane modes of expression and action can be better understood in light of the notion of ethos, which raises issues of representation, subjectivity, social interaction, moral philosophy, politics, pragmatics, anthropology and identity. The contributors to this volume offer fresh new voices in the art of conversation about the Essais as they explore the many ramifications of Montaigne's ethos and the manifold ethe he brings forth. (shrink)

We define and study monadic MV-algebras as pairs of MV-algebras one of which is a special case of relatively complete subalgebra named m-relatively complete. An m-relatively complete subalgebra determines a unique monadic operator. A necessary and sufficient condition is given for a subalgebra to be m-relatively complete. A description of the free cyclic monadic MV-algebra is also given.

The MV-algebra S m w is obtained from the (m+1)-valued ukasiewicz chain by adding infinitesimals, in the same way as Chang's algebra is obtained from the two-valued chain. These algebras were introduced by Komori in his study of varieties of MV-algebras. In this paper we describe the finitely generated totally ordered algebras in the variety MV m w generated by S m w . This yields an easy description of the free MV m w -algebras over one generator. We characterize (...) the automorphism groups of the free MV-algebras over finitely many generators. (shrink)

We prove that the m -generated free MV-algebra is isomorphic to a quotient of the disjoint union of all the m -generated free MV-algebras. Such a quotient can be seen as the direct limit of a system consisting of all free MV-algebras and special maps between them as morphisms.

BackgroundApproximately 7% of the general population is affected by an orphan disease, which, in the United States, is defined as affecting fewer than 1 in 1500 people. Disease awareness is often low and time-to-diagnosis delayed. Different legislations worldwide have created incentives for pharmaceutical companies to develop drugs for orphan diseases. A journalistic article in Bloomberg Businessweek has claimed that pharmaceutical companies have tried marketing orphan drugs by placing a specific disease into the popular television series “House, M.D.” which features diagnostic (...) journeys and was produced between 2004 and 2012. This study aimed to describe the presentation of orphan diseases in the television series “House, M.D.”, to test in an exploratory fashion the hypothesis that treatable orphan conditions are overrepresented in “House, M.D.” and to discuss whether such marketing practices may or may not be ethical.MethodsA list of all medical cases depicted in the television series “House, M.D.” was obtained and classified as orphan or non-orphan according to the Orphanet database. The ratios of orphan diseases among all diseases, such with an orphan drug designation and such with an orphan drug approval by the FDA were then compared with conservative approximations of real world conditions (chi-squared tests for equality of proportions). STROBE criteria were respected.ResultsOut of a total of n = 181 different medical diagnoses, n = 42 (23.2%) were orphan diseases. The difference in percentages in between “House, M.D.” and reality was not statistically significant for orphan diseases overall (p = 0.96), yet was statistically significantly higher for both orphan diseases with one or more orphan drug designations (p = 0.0192) and such with one or more approved orphan drugs (p < 0.0001).ConclusionsOrphan diseases with a designated and/or approved orphan drug were overrepresented in the television series “House, M.D.” with statistical significance while orphan diseases overall were not. This may be explained by (so far) undocumented efforts of pharmaceutical companies to place their orphan drugs in the television series, as described in the article in Bloomberg Businessweek. Further research is needed into marketing practices in popular and emerging media formats. (shrink)

Cet article considère les concepts de la confession et de la parrêsia dans l’oeuvre de Michel Foucault et les applique à l’analyse de la construction du sujet femme. Il montre comment dans une perspective confessionnelle, la femme entretiendrait un rapport à ellemême et aux autres qui tend à un auto-assujettissement selon des catégories normatives essentialistes. À ce dire-vrai confessionnel, j’oppose le dire-vrai parrèsiastique, en m’interrogeant sur la possibilité d’attribuer un rôle émancipateur à l’identité « femme ». La parrêsia devient alors (...) le modèle d’un discours critique, qui se rapproche de la critique sociale caractérisant le féminisme. Je retrouve ainsi dans l’histoire du féminisme des témoignages de ce que Foucault redécouvre chez le Grecs comme parrêsia politique, éthique et cynique. (shrink)

Cet article considère les concepts de la confession et de la parrêsia dans l’oeuvre de Michel Foucault et les applique à l’analyse de la construction du sujet femme. Il montre comment dans une perspective confessionnelle, la femme entretiendrait un rapport à ellemême et aux autres qui tend à un auto-assujettissement selon des catégories normatives essentialistes. À ce dire-vrai confessionnel, j’oppose le dire-vrai parrèsiastique, en m’interrogeant sur la possibilité d’attribuer un rôle émancipateur à l’identité « femme ». La parrêsia devient alors (...) le modèle d’un discours critique, qui se rapproche de la critique sociale caractérisant le féminisme. Je retrouve ainsi dans l’histoire du féminisme des témoignages de ce que Foucault redécouvre chez le Grecs comme parrêsia politique, éthique et cynique. (shrink)

The control of mRNA synthesis in the unicellular eukaryote Saccharomyces cerevisiae involves a number of promoter elements, including an upstream activation site (UAS), an RNA initiation element (RIE) and, for some genes, a form of negative element. The UAS is involved in the activation and regulation of transcription, whilst the RIE, which comprises a transcription initiation site (or I site), and often a TATA box, is responsible for the accurate positioning of the 5′ end of the mRNA. The mechanism whereby (...) these promoter elements interact involves specific protein‐DNA binding events and possibly alterations in chromatin structure. (shrink)

In this paper we prove that the category of abelian l-groups is equivalent to the category of perfect MV-algebras. Furthermore, we give a finite equational axiomatization of the variety generated by perfect MV-algebras.

In classifications of vocabulary knowledge, vocabulary size and depth have often been separately conceptualized (Schmitt, 2014). Although size and depth are known to be substantially correlated, it is not clear whether they are a single construct or two separate components of vocabulary knowledge (Yanagisawa & Webb, 2020). This issue has not been addressed extensively in the literature and can be better examined using structural equation modeling (SEM), with measurement error modeled separately from the construct of interest. The current study reports (...) on conventional and Bayesian SEM approaches (e.g., Muthén & Asparouhov, 2012) to examine the factor structure of the size and depth of second language vocabulary knowledge of Japanese adult learners of English. A total of 255 participants took five vocabulary tests. One test was designed to measure vocabulary size in terms of the number of words known, while the remaining four were designed to measure vocabulary depth in terms of word association, polysemy, and collocation. All tests used a multiple-choice format. The size test was divided into three subtests according to word frequency. Results from conventional and Bayesian SEM show that a correlated two-factor model of size and depth with three and four indicators, respectively, fit better than a single-factor model of size and depth. In the two-factor model, vocabulary size and depth were strongly correlated (r =.945 for conventional SEM and.943 for Bayesian SEM with cross loadings), but they were distinct. The implications of these findings are discussed. (shrink)

Situationists (e.g., Doris in Lack of character: personality and moral behavior, Cambridge University Press, Cambridge, 2002; Harman in Proc Aristot Soc 99:315–331, 1999. 10.2307/4545312), with reference to empirical work in psychology, have called into question the predictive and explanatory power of character traits and on this basis have criticized the empirical adequacy of moral virtue. More recently, Alfano (Philos Q 62(247):223–249, 2012; Character as moral fiction, Cambridge University Press, Cambridge, 2013) has extended the situationist critique from virtue ethics to virtue (...) epistemology. On the line he advances, virtue responsibilism—the view that intellectual character traits play an important part in traditional and untraditional epistemological inquiries—is criticized as empirically inadequate in light of the extent to which individuals are shown to be susceptible to seemingly trivial and epistemically irrelevant situational influences. Alfano’s attempted redeployment of the situationist challenge to virtue responsibilism is on closer inspection not as straightforward as he claims. It is granted that the empirical adequacy of virtue responsibilism will be eventually threatened if it can be shown that virtuous motivation is, in light of situational factors, causally ineffective. As it turns out, various psychological studies which situationists have overlooked, suggest that virtuous motivation is causally efficacious in a way that favours the position of the virtue responsibilist over the situationist. In the first part of this paper, I outline the hard core of virtue theory: both a rich motivation requirement, and a commitment to the inherent relation between virtue and a good life; then I assess whether these are undermined by situationist criticism. I address the confusion of the existing debate, and the conclusion drawn is that virtue theory ultimately remains unscathed. In the second part of my paper I defend the empirical adequacy of virtue theory based on self-determination theory. When we afford closer attention to studies on the orientation of our motivation, it becomes clear how the dynamics of our motivation have a tremendous influence on desirable behavioural outcomes: a good life. (shrink)

This paper offers an account of collective epistemic vices, which we call the “group identification account”. The group identification account attributes collective epistemic vices to the groups that are constituted by “group identification”, which is a primitive and non-doxastic self-understanding as a group member (Turner, 1982; Brewer, 1991; Brewer & Gardner, 1996; Pacherie, 2013; Salice & Miyazono, 2020). The distinctive feature of the group identification account is that it enables us to attribute epistemic vices not just to established social groups (...) (e.g. committees, research teams, juries) but also to loose social groups (e.g. loosely connected people in an echo chamber) when they are constituted by group identification. The group identification account is contrasted with Fricker’s (2010, 2020) influential account, the “joint commitment account”, which focuses on established social groups, and has difficulty in making sense of collective epistemic vices of loose social groups. The group identification account is motivated by the fact that collective epistemic vices can be useful to diagnose not only the epistemic performance of established groups but also that of loose groups in real-life cases, such as echo chamber (Nguyen, 2020), implicit bias (Holroyd, 2020), group polarization (Broncano-Berrocal & Carter, 2021), etc. (shrink)

Although most studies on the Fair Trade initiative are, to some extent, cognizant of its contribution to environmental sustainability, what the environmental aspect means to Fair Trade has not yet been explored fully. A review of environmental issues in the Fair Trade literature suggests that Fair Trade might influence participant producers’ farming practices even if it does not directly impact natural resources. This paper attempts to interpret Fair Trade certification as an intermediary institution that links two significant objectives of rural (...) development in the global South—environmental conservation and poverty reduction. This theoretical concept is examined in different real settings by observing four cases of Southern small farmer groups involved in the Fair Trade initiative. Findings from these case studies imply that if Fair Trade certification ensures tangible benefits for small farmers, it can not only help such disadvantaged farmers but also work as an approach for natural resource management. (shrink)

In his book Bad Beliefs, Neil Levy defends the engineering of our epistemic environment by removing epistemic pollutions and by nudging people through second-order evidence. Although we agree with his core ideas, in this commentary, we aim at supplementing his approach in light of the participation of the general public in science. In the first part, we argue that the issue of participatory epistemic injustice in the scientific community remains unaddressed in Levy’s discussion and that addressing the issue is equal (...) to removing an epistemic pollution. In the second part, we address the issue of transparency in nudging. Here, we discuss the significance of public engagement in controlling the system of nudges to respect our rational and autonomous choices. (shrink)

The Grand Chamber of the European Court of Human Rights has recently handed down its judgement in the case of three women contesting the abortion law in the Republic of Ireland, which has one of the most restrictive abortion laws in the world. Although the Court ruled that Ireland had to clarify the current law following the success of one of the three claims, the failure of the other two claims allows Ireland to continue to enforce its law, which has (...) an adverse effect on women's health. This paper, therefore, proposes an amendment to abortion legislation in the Republic of Ireland that would be compatible with safeguarding women's health, highlighting several circumstances in which the continuation of a pregnancy may have a detrimental impact on a woman's physical and/or mental health. (shrink)

The idea of family resemblance, when applied to science, can provide a powerful account of the nature of science (NOS). In this chapter we develop such an account by taking into consideration the consensus on NOS that emerged in the science education literature in the last decade or so. According to the family resemblance approach, the nature of science can be systematically and comprehensively characterised in terms of a number of science categories which exhibit strong similarities and overlaps amongst diverse (...) scientific disciplines. We then discuss the virtues of this approach and make some suggestions as to how one can go about teaching it in the classroom. (shrink)

This paper examines the use and meaning of the body-part terms or quasi-body part terms associated with Japanese emotions. The terms analyzed are kokoro, mune, hara, ki, and mushi. In Japanese kokoro is regarded as the seat of emotions. Mune (roughly, ‘chest’) is the place where Japanese believe kokoro is located. Hara (roughly, ‘belly’) can be used to refer to the seat of ‘thinking’, for example in expression of anger-like feelings which entail a prior cognitive appraisal. The term ki (roughly, (...) ‘breath’) is also used for expressions dealing with emotions, temperament, and behaviour; among these, ki is mostly frequently used for referring to mental activity. Mushi — literally, a ‘worm’ which exists in the hara ‘belly’ — is also used for referring to specific emotion expressions. The tool for semantic analysis employed in this paper is the “Natural Semantic Metalanguage” method developed by Anna Wierzbicka and colleagues. This metalanguage enables us to explicate concepts by means of simple words and grammar (easily translated across languages), and clarifies the similarities and dissimilarities between the components involved in semantically similar terms. The data used for analysis are from various sources; published literature both in Japanese and English, newspaper/magazine articles, film scripts, comic books, advertisements, dictionaries, and popular songs. (shrink)

This paper examines the use and meaning of the body-part terms or quasi-body part terms associated with Japanese emotions. The terms analyzed are kokoro, mune, hara, ki, and mushi. In Japanese kokoro is regarded as the seat of emotions. Mune (roughly, ¿chest¿) is the place where Japanese believe kokoro is located. Hara (roughly, ¿belly¿) can be used to refer to the seat of ¿thinking¿, for example in expression of anger-like feelings which entail a prior cognitive appraisal. The term ki (roughly, (...) ¿breath¿) is also used for expressions dealing with emotions, temperament, and behaviour; among these, ki is mostly frequently used for referring to mental activity. Mushi ¿ literally, a ¿worm¿ which exists in the hara ¿belly¿ ¿ is also used for referring to specific emotion expressions. The tool for semantic analysis employed in this paper is the ¿Natural Semantic Metalanguage¿ method developed by Anna Wierzbicka and colleagues. This metalanguage enables us to explicate concepts by means of simple words and grammar (easily translated across languages), and clarifies the similarities and dissimilarities between the components involved in semantically similar terms. The data used for analysis are from various sources; published literature both in Japanese and English, newspaper/magazine articles, film scripts, comic books, advertisements, dictionaries, and popular songs. (shrink)

This is a survey of theories of scientific method which opens the book "After Popper, Kuhn and Feyerabend: Recent Issues in Theories of Scientific Method".

Factory floors throughout the global economy are rapidly transforming themselves into potentially fertile laboratories for research in the cognitive sciences. The information revolution has challenged our understanding of perception and cognition. Innovations in information technologies have also provided us with new methods and environments for the study of cognition. On the business and economic front, information technology is supporting the development of new corporate information systems-Enterprise Systems-that will revolutionize the decision-making, reporting and reward environments in corporations. These systems are pervasive (...) and transforming. At all levels, employees will be presented with potentially unlimited amounts of accurate, real-time information and will be expected to use that information effectively. The possibilities for research, especially for modeling the learning and decision-making processes, are unparalleled. Research conducted in these environments offers extraordinary opportunities to address research questions formerly requiring limited synthetic environmental situations. Data collected in firms as they deploy enterprise information systems can be more extensive and accurate and more easily quantified than data from traditional synthetic experiments. Research programs in these settings can also address more complex problems of human interaction and collaborativity. This article describes the aspects of enterprise systems that will be of greates interest to cognitive scientists. It also outlines the nature of potential collaboration between economists and cognitive scientists and offers a list of outstanding questions for systems design and development. (shrink)