Scientists of many countries in which English is not the primary language routinely use a variety of manuscript preparation, correction or editing services, a practice that is openly endorsed by many journals and scientific institutions. These services vary tremendously in their scope; at one end there is simple proof-reading, and at the other extreme there is in-depth and extensive peer-reviewing, proposal preparation, statistical analyses, re-writing and co-writing. In this paper, the various types of service are reviewed, along with authorship guidelines, (...) and the question is raised of whether the high-end services surpass most guidelines’ criteria for authorship. Three other factors are considered. First, the ease of collaboration possible in the internet era allows multiple iterations between the author(s) and the “editing service”, so essentially, papers can be co-written. Second, “editing services” often offer subject-specific experts who comment not only on the language, but interpret and improve scientific content. Third, the trend towards heavily multi-authored papers implies that the threshold necessary to earn authorship is declining. The inevitable conclusion is that at some point the contributions by “editing services” should be deemed sufficient to warrant authorship. Trying to enforce any guidelines would likely be futile, but nevertheless, it might be time to revisit the ethics of using some of the high-end “editing services”. In an increasingly international job market, awareness of this problem might prove increasingly important in authorship disputes, the allocation of research grants, and hiring decisions. (shrink)

This paper investigates what “free-range” eggs are available for sale in supermarkets in Australia, what “free-range” means on product labelling, and what alternative “free-range” offers to cage production. The paper concludes that most of the “free-range” eggs currently available in supermarkets do not address animal welfare, environmental sustainability, and public health concerns but, rather, seek to drive down consumer expectations of what these issues mean by balancing them against commercial interests. This suits both supermarkets and egg producers because it does (...) not challenge dominant industrial-scale egg production and the profits associated with it. A serious approach to free-range would confront these arrangements, and this means it may be impossible to truthfully label many of the “free-range” eggs currently available in the dominant supermarkets as free-range. (shrink)

The neuroscientific investigation of sex differences has an unsavoury past, in which scientific claims reinforced and legitimated gender roles in ways that were not scientifically justified. Feminist critics have recently argued that the current use of functional neuroimaging technology in sex differences research largely follows that tradition. These charges of ‘neurosexism’ have been countered with arguments that the research being done is informative and valuable and that an over-emphasis on the perils, rather than the promise, of such research threatens to (...) hinder scientific progress. To investigate the validity of these contrasting concerns, recent functional magnetic resonance imaging (fMRI) investigations of sex differences and citation practices were systematically examined. In line with the notion of neurosexism, the research was found to support the influence of false-positive claims of sex differences in the brain, to enable the proliferation of untested, stereotype-consistent functional interpretations, and to pay insufficient attention to the potential plasticity of sex differences in both brain and mind. This, it is argued, creates a literature biased toward the presentation of sex differences in the brain as extensive, functionally significant, and fixed—and therefore implicitly supportive of a gender essentialist perspective. It is suggested that taking feminist criticisms into account would bring about substantial improvement in the quality of the science, as well as a reduction in socially harmful consequences. (shrink)

Critics of transnational commercial surrogacy frequently call our attention to the race, class, and cultural background of surrogates in the global South. Consider the following sampling from the critics: "the women having babies for rich Westerners have been pimped by their husbands and are powerless to resist" (Bindel 2011); our "rules of decency seem to differ when the women in question are living in abject poverty half a world away" (Warner 2008); and we should worry that "women of color are (...) easier to commodify" (Smerdon 2008, 51-52). Critics suggest—rightly, in my view—that the race, class, and culture of Southern surrogates matter to the moral acceptability of transnational surrogacy. But how, precisely, do .. (shrink)

The last few years have seen feminist bioethics experiencing a growing interest in the theme of disability: how bioethics as a whole can or should approach disability, and how the different perspectives brought by feminist bioethics can contribute to bioethical thinking about it. This interest was apparent in the pioneer work of disabled feminists such as Adrienne Asch, continued through the engagement of feminist theorists like Eva Feder Kittay, and appears more generally in feminist bioethics, for example in Jackie Leach (...) Scully's "Disability Bioethics," in the section on disability in Feminist Bioethics: At the Center, on the Margins (Scully, Baldwin-Ragaven, and Fitzpatrick 2010), and in IJFAB's special issue .. (shrink)

The doctrine of the mature minor began as an emergency exception to the rule of parental consent. Over time, the doctrine crept into cases that were non-emergent. In this essay, we show how the doctrine also developed in the context of the latter part of the 20th century, at the same time that the sexual revolution, the pill, and sexual liberation came to be seen as important symbols of female liberation—liberation that required that female minors be granted the status of (...) a mature minor. To do so moves sexual morality out of the domain of the family, where it had always been situated, and into the domain of the state. We also show how a phenomenological account of the care of the body in the family conforms to the latest in neuroscientific understandings of adolescent brain development. The family attenuates the dependency of adolescents and provides an important social contextualization for the care of the body, including the inculcation of sexual mores in adolescence. We conclude that the drive to push sexual decision making as a matter of state concern further undermines the foundations of the moral meanings of sex and sexuality. (shrink)

(2013). Acknowledging Levels of Racism in the Definition of “Difficult”. The American Journal of Bioethics: Vol. 13, No. 4, pp. 16-18. doi: 10.1080/15265161.2013.767964.

This volume is an indispensable reference for a wide range of scholars working across multidisciplinary fields of inquiry that focus on British and continental histories of medicine and sexuality, gender history and studies of nineteenth ...

Khalafzai, Rida Usman This article explores race as a social construct, discrimination based on race, and its impact on health.

This study examines cross-national differences in relation to software piracy between a Zambian and a South Africa student sample on components of Bandura's Social Cognitive Theory. The sample was selected based on the vastly different software piracy rates between Zambia (82%) and South Africa (35%) and the fact that software piracy rates are higher amongst student groups. The questionnaire was composed of previously developed scales measuring attitudes, social norms, intentions, incentives, deterrents, self-efficacy, and moral disengagement within the context of software (...) piracy. The sample was gathered from one University in Zambia (N = 69) and one in South Africa (N = 71) in the students' final and penultimate years of study. Statistical differences were found between the two samples on the attitudes and social norms scales, with the South African sample having more positive attitudes and more favourable social norms towards software piracy than the Zambian sample. In terms of the theoretical model, attitudes, social norms and self-efficacy predicted software piracy intentions in both samples. (shrink)

The Internet and Internet applications such as cloud computing continue to grow at an extraordinary rate, enabled by the Internet's open architecture and the vibrant lightly regulated Internet service provider (ISP) market. Proposals to hold ISPs responsible for content and software shared by their customers would dramatically constrain the openness and innovation that has been the hallmark of the Internet to date. Rather than taking the kind of approach favored by Raphael Cohen-Almagor, government should enlist the assistance of other intermediaries (...) such as credit card companies in targeted actions against illegal activities online. In addition, they should foster improved online authentication, which could support “zones of trust” on the Internet. (shrink)

Recent developments in biogerontology—the study of the biology of ageing—suggest that it may eventually be possible to intervene in the human ageing process. This, in turn, offers the prospect of significantly postponing the onset of age-related diseases. The biogerontological project, however, has met with strong resistance, especially by deontologists. They consider the act of intervening in the ageing process impermissible on the grounds that it would (most probably) bring about an extended maximum lifespan—a state of affairs that they deem intrinsically (...) bad. In a bid to convince their deontological opponents of the permissibility of this act, proponents of biogerontology invoke an argument which is grounded in the doctrine of double effect. Surprisingly, their argument, which we refer to as the ‘double effect argument’, has gone unnoticed. This article exposes and critically evaluates this ‘double effect argument’. To this end, we first review a series of excerpts from the ethical debate on biogerontology in order to substantiate the presence of double effect reasoning. Next, we attempt to determine the role that the ‘double effect argument’ is meant to fulfil within this debate. Finally, we assess whether the act of intervening in ageing actually can be justified using double effect reasoning. (shrink)

The importance of public confidence in scientific findings and trust in scientists cannot be overstated. Thus, it becomes critical for the scientific community to focus on enhancing the strategies used to educate future scientists on ethical research behaviors. What we are lacking is knowledge on how faculty members shape and develop ethical research standards with their students. We are presenting the results of a survey with 3,500 research faculty members. We believe this is the first report on how faculty work (...) with and educate their PhD students on basic research standards. Specifically, we wanted to determine whether individual faculty members, who are advisors or mentors, differ in how they implemented components of responsible conduct of research (RCR) with their PhD students. Mentors were more likely than advisors or supervisors to report working with all of their PhDs, who graduated in the last 5 years, on the 17 recognized critical components of RCR training and research skill development. We also found about half of the faculty members believe RCR is an institutional responsibility versus a faculty responsibility. Less than a quarter have had opportunities to participate in faculty training to be a better mentor, advisor, or research teacher, and about one third of faculty did not or could not remember whether they had guidelines related to their responsibilities to PhD students. We discuss the implications of our findings and focus on ways that PhD research mentoring can be enhanced. (shrink)

Subpart B of 45 Code of Federal Regulations Part 46 (CFR) identifies the criteria according to which research involving pregnant women, human fetuses, and neonates can be conducted ethically in the United States. As such, pregnant women and fetuses fall into a category requiring “additional protections,” often referred to as “vulnerable populations.” The CFR does not define vulnerability, but merely gives examples of vulnerable groups by pointing to different categories of potential research subjects needing additional protections. In this paper, I (...) assess critically the role of this categorization of pregnant women involved in research as “vulnerable,” both as separate entities and in combination with the fetuses they carry. In particular, I do three things: (1) demonstrate that pregnant women qua pregnancy are either not “vulnerable” according to any meaningful definition of that term or that such vulnerability is irrelevant to her status as a research participant; (2) argue that while a fetus may be vulnerable in terms of dependency, this categorization does not equate to the vulnerability of the pregnant woman; and (3) suggest that any vulnerability that appends to women is precisely the result of federal regulations and dubious public perceptions about pregnant women. I conclude by demonstrating how this erroneous characterization of pregnant women as “vulnerable” and its associated protections have not only impeded vital research for pregnant women and their fetuses, but have also negatively affected the inclusion of all women in clinical research. (shrink)

Who, in particular, may hold us responsible for our moral failings? Most discussions of moral responsibility bracket this question, despite its obvious practical importance. In this article, I investigate the moral authority involved and how it arises in the context of personal relationships, such as friendship or family relations. My account is based on the idea that parties to a personal relationship not only share responsibility for their relationship, but also — to some degree that is negotiated between them — (...) for one another's lives. In sharing these responsibilities, we grant people a particular authority to respond to us. By highlighting the responsibility that we assume when we hold someone responsible, I also suggest that this analysis contains important lessons for thinking about responsibility in other contexts. (shrink)

First ever philosophy treatise on photography, analytic in approach but sensitive to photo-history, not confined to aesthetics or art (illus.), Walker Evans photo on cover. Papercover printing, Dec. 2000.

Bioethics promises a considered, unprejudicial approach to areas of medical decision-making. It does this, in theory, from the perspective of moral philosophy. But the promise of fairly considered, insightful commentary fails when word choices used in ethical arguments are prejudicial, foreclosing rather than opening an area of moral discourse. The problem is illustrated through an analysis of the language of The Royal Society Expert Panel Report: End of Life Decision Making advocating medical termination.

How ethical have recent banking practices been? We answer this question via an economic analysis. We assess the two dominant practices of the modern banking system – fractional reserves and maturity transformation – by gauging the respective rights of the relevant parties. By distinguishing the legal and economic differences between deposit and loan contracts, we determine that the practice of maturity transformation (in its various guises) is not only ethical but also serves a positive social function. The foundation of the (...) modern banking system – the holding of fractional reserves against deposits – is, however, problematic from economic, legal and ethical perspectives. Starting from a microanalysis of money's function, a reassessment of the current laws concerning the practice is encouraged, with the aim not only to rectify economic irregularities but also to realign depositors' rights with the obligations of the banking sector. (shrink)

Influential or frequently cited business ethics research does not appear in a vacuum; our study reveals its predominant sources and contributors by discipline. By examining citations from articles published in three top business ethics journals (Journal of Business Ethics, Business Ethics Quarterly and Business Ethics: A European Review) over the period 2004–2008, we document that the preponderance of influential business ethics research comes primarily from the management faculty. In addition, management journals and management books are the predominant sources for influential (...) business ethics research. Further, among the management fields, organizational behavior and organizational structure predominate leadership and strategy as the major subject areas for influential business ethics research, suggesting that this influential body of research is focused on a micro rather than on a macro context. These empirical results lend credence to the perception that there is a silo effect in influential business ethics research and suggest that business ethics research in a micro context might have permeated to the teaching of business ethics. (shrink)

This paper explores the fundamental question of what ‘responsibility’ means to different sets of world views adopted implicitly by business students. The exploration adopts the stakeholder theory and three subsets of the Friedman mentality to explain how individuals may value sustainability initiatives. Subsequently, it explores whether it is better to flow with the dominant economic-driven world view as prescribed by the business school or to challenge it in order to cultivate business students with sustainability-driven values. The conclusion highlights implications for (...) business and management education, as well as the role of entrepreneurship to promote sustainability values. (shrink)

Many tensions exist within the nexus of corporate social responsibility, competitive strategy, and political activity. Previously, these aspects of strategic management have been considered in relative isolation or at best in pairs. Accordingly, an attempt is made here to set out a general strategic problem of the corporation, in which all three aspects are combined. This project reveals a particular need to explicate the political assumptions held by or on behalf of the corporation. Examples might include the classical liberal model, (...) global hypercompetition, or variants of the stakeholder model. The project also reinforces the broader notion that when one adopts the perspective of a corporate strategist, one can sometimes find potentially productive ways of reframing issues in ethics, economics, and politics. (shrink)

We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., (...) the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`). (shrink)

The aim of this paper is to evaluate the prevalence in the 27 member states of the European Union of a little discussed illicit wage arrangement in which formal employees are paid two wages by their formal employers – an official declared salary and an additional undeclared wage, thus allowing employers to evade their full social insurance and tax liabilities. Reporting the results of a 2007 Eurobarometer survey involving 26,659 face-to-face interviews, the finding is that one in 18 formal employees (...) received such an envelope wage from their formal employer and that envelope wage payments are more prevalent in member states with lower (rather than higher) levels of state intervention. The tentative conclusion is that illicit envelope wage payments are a product of under-regulation, rather than over-regulation, and that further research is now required to test the validity analysis of this thesis in other global regions. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated by the (...) transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

This paper discusses (in German) an idea enshrined in the recent (2012) revision of the German transplantation law. The law allows family members to make claims about what the deceased would have wanted to happen to his/her organs/tissue even though he/she never has voiced any relevant opinions. I argue that this is illegitimate.

Ageing is often deemed bad for people and something that ought to be eliminated. An important aspect of this normative aspect of ageing is whether ageing, i.e., senescence, is a disease. In this essay, I defend a theory of disease that concludes that ageing is not a disease, based on an account of natural function. I also criticize other arguments that lead to the same conclusion. It is important to be clear about valid reasons in this debate, since the failure (...) of bad analyses is exploited by proponents of the view that ageing is indeed a disease. Finally, I argue that there could be other reasons for attempting to eradicate senescence, which have to do with an evaluative assessment of ageing in relation to the good life. I touch on some reasons why ageing might be good for people and conclude that we cannot justify generalized statements in this regard. (shrink)

In this paper, I explore the concept of applied Islamic ethics, the facts, its challenges, and its future. I aim to highlight some of the deep-rooted issues that Muslims have faced historically and continue to experience today as they apply religious guidance to their daily lives. I consider the causes and rationale behind the current situation and look beyond to suggest ways in which this may evolve, calling for a radical reform. Muslims throughout the world are experiencing a deepening crisis (...) of identity and confusion about their faith's principles and practices. I suggest how improvements might be achieved, in order to gain more coherence and understanding. This approach recognizes the importance of inviting an in-depth, deliberate analysis of relevant dialogues between religious experts of the text (scholars) and practitioners, those working at the grassroots. This approach remains faithful to the fundamental principles of the Islamic sources but also considers our present context. I recommend a shift in authority from scholars alone to a more inclusive, critical engagement of practitioners. Through this more comprehensive methodology of applied Islamic ethics, I suggest that Muslim communities, organizations, and individuals can remain faithful to their religious principles while, at the same time, actively participating in and contributing to our evolving societies. While I recognize that this will be a long process, I am confident that with applied Islamic ethics, the current feelings of confusion, self-doubt, and even apathy, given the previous failed processes of adaptation and reform, will give way to a new confidence in knowing how to address contemporary challenges. (shrink)

Definition of the problem The creation and selection of children as tissue donors is ethically controversial. Critics often appeal to Kant’s Formula of Humanity, i.e. the requirement that people be treated not merely as means but as ends in themselves. As many defenders of the procedure point out, these appeals usually do not explain the sense of the requirement and hence remain obscure. Arguments This article proposes an interpretation of Kant’s principle, and it proposes that two different instrumental stances be (...) distinguished. I argue that the creation of “saviour children” is a form of instrumentalization that I dub “preemptive instrumentalization” and that it is categorically different from earlier forms of instrumental attitudes concerning human reproduction. Conclusion Critics are wrong to claim that Kant’s principle is either compatible with the selection of saviour siblings or too vague to serve as an ethical principle. (shrink)

Toleration and respect are often thought of as compatible, and indeed complementary, liberal democratic ideals. However, it has sometimes been said that toleration is disrespectful, because it necessarily involves a negative evaluation of the object of toleration. This article shows how toleration and respect are compatible as long as ‘respect’ is taken to mean (what some moral philosophers have called) recognition respect, as opposed to appraisal respect. But it also argues that recognition respect itself rules out certain kinds of evaluation (...) of persons, and with these, certain bases for toleration: if recognition respect is really distinct from appraisal respect, and if the fundamental rights assigned to people on the basis of recognition respect are to be equal rights, then recognition respect must itself involve a refusal to evaluate certain basic agential capacities of persons when deliberating about how to treat them. Even where ‘respect’ means recognition respect, then, there is some truth both in the thesis that toleration and respect are compatible, and in the thesis that they are incompatible. The different truths in these two theses help to shed light on the nature of toleration considered specifically as a liberal democratic virtue. This point can be illustrated by showing how the foregoing analysis provides a plausible solution to the so-called ‘paradox of the tolerant racist’. (shrink)

Alstin, Zac Results of a Belgian study have revealed that a large number of people suffering from Locked-In Syndrome are happy. Disability is foremost a challenge to one's values, not to our happiness.

This paper discloses and questions two assumptions on happiness that are implied by medical and technological proposals for mood enhancement. The first assumption holds that happiness consists of the indiscriminate maximization of positive and minimization of negative emotions. Second, mood enhancement implies the belief that an effortless enhancement of positive emotions will increase happiness. These assumptions are questioned by investigating the validity of the common sense slogan ‘No pain, no gain’. Support for this claim is found in literature on adversity (...) and happiness, effort and happiness, and in evolutionary psychology. From these research domains it is shown that adversity, pain, bother or effort should not always be regarded as negative experiences to be avoided in the pursuit for happiness. In some cases they can contribute to a person’s quality of life. By questioning the indiscriminate and effortless enhancement of positive emotions and avoidance of negative ones, this perspective suggests a different view on happiness than the one generally assumed by proponents of mood enhancement. (shrink)

This article explains some moral dimensions of a transnational feminist research project designed to provide a better standard or metric for measuring poverty across the world. The author is an investigator on this project. Poverty metrics incorporate moral judgments about what is necessary for a decent life, so justifying metrics requires moral argumentation. The article clarifies the moral aspects of poverty valuation, indicates some moral flaws in existing global poverty metrics, and outlines some conditions for a better global metric. It (...) then explains the methodology used in our project, providing its moral rationale and discussing some remaining moral concerns. (shrink)

Currently, patients are expected to take control over their health and their life and act as independent users and consumers. Simultaneously, health care policy demands patients are expected to self manage their disease. This article critically questions whether this is a realistic expectation. The paper presents the auto-ethnographic narrative of the first author, which spans a period of 27 years, from 1985 to 2012. In total nine episodes were extracted from various notes, conversations and discussions in an iterative process. Each (...) of these episodes was condensed around a ‘critical moment’ as perceived by the “self”. The critical moments in the illness process vary between newly encountered problems with basic needs and mourning, to renewed strength and the desire to grow, embracing new situations. Being confronted with and living with a chronic illness involves periods of anxiety and self centredness alternating with strength and advocating the interests of peer-patients. These episodes of emotion, confusion and refinding a balance have a cyclic pattern. The narrative illustrates the vulnerability and dependency of a patient with a chronic disease. The discussion relates this to mainstream dominant views on patients ‘in control of their own life’. The narrative illustrates, that the vulnerability and dependency of the patient are key factors to take into account in health care policy. The narrative provides a counter story, challenging current thinking in terms of strength, selfmanagement, patients’ own control and independent role. (shrink)

In this paper we develop a relational approach to the question of animal agency. We distinguish between agency and action and, using three examples of non-human animal behaviour, explore how human-other animal interactions might be understood in terms of action, agency and resistance. In order to do this we draw on the distinction between primary and corporate agency found in the work of Margaret Archer, arguing that, while non-human animals are able to act and to exercise primary agency, they are (...) unable to exercise corporate agency. Animals are therefore agents; they act and their actions have consequences, they also resist conditions which they do not like and, in some circumstances, are able to change the conditions of their agency. We discuss the place of animals in the social world and the political implications of this way of viewing animal agency. (shrink)

Individuals convicted of crimes are often subject to numerous restrictions -- on housing, employment, the vote, public assistance, and other goods -- well after they have completed their sentences, and in some cases permanently. The question of whether -- and if so, when -- ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This paper first examines the significance of completing punishment, of paying one’s debt to society, and contends that when offenders’ debts are paid, they should be (...) restored to full standing as citizens. Thus all ex-offender restrictions are presumptively unjustified. Nonconsequentialist defenses of these restrictions are ultimately unsuccessful in defeating the presumption against them. In a limited range of cases, consequentialist considerations -- namely, of risk reduction -- may be sufficient to override the presumptive case against these restrictions. The paper concludes by suggesting a number of criteria for assessing whether particular restrictive measures are permissible on grounds of risk reduction. (shrink)

Roman Catholics have a long tradition of evaluating medical treatment at the end of life to determine if proposed interventions are proportionate and morally obligatory or disproportionate and morally optional. There has been significant debate within the Catholic community about whether artificially delivered nutrition and hydration can be appreciated as a medical intervention that may be optional in some situations, or if it should be treated as essentially obligatory in all circumstances. Recent statements from the teaching authority of the church (...) have attempted to clarify this issue, especially for those with a condition known as the persistent vegetative state. I argue that these recent teachings constitute a “general norm” whereby artificial nutrition and hydration are considered obligatory for most patients, but that these documents allow for exception in cases of complication from the means used to deliver nutrition and hydration, progressive illness, or clear refusal of such treatment by patients. While the recent clarifications do not constitute a major deviation from traditional understanding and will rarely conflict with advance directives or legal statutes, there may be rare instances in which remaining faithful to church teaching may conflict with legally enshrined patient prerogatives. Using the Texas Advance Directives Act as an example, I propose ways in which ethics committees can remain faithful to their Roman Catholic identity while respecting patient autonomy and state law pertaining to end of life health care. (shrink)

This manuscript proposes a proactive framework for preventing or mitigating disruptive ethical conflicts that often result from delayed or avoided conversations about the ethics of care. Four components of the framework are explained and illustrated with evidenced-based actions. Clinical implications of adopting a prevention-based, system-wide ethics framework are discussed. While some aspects of ethically-difficult situations are unique, system patterns allow some issues to occur repeatedly—often with lingering effects such as healthcare providers’ disengagement and moral distress (McAndrew et al. Journal of (...) Trauma Nursing 18(4):221–230, 2011), compromised inter-professional relationships (Rosenstein and O’Daniel American Journal of Nursing, 105(1):54–64, 2005), weakened ethical climates (Pauly et al. HEC Forum 24:1–11, 2012), and patient safety concerns (Cimiotti et al. American Journal of Infection Control 40:486–490, 2012). This work offers healthcare providers and clinical ethicists a framework for developing a comprehensive set of proactive, ethics-specific, and evidence-based strategies for mitigating ethical conflicts. Furthermore, the framework aims to encourage innovative research and novel ways of collaborating to reduce such conflicts and the moral distress that often results. (shrink)

I examine how deferred-prosecution agreements employed against suspected corporate criminality amount to a form of social engineering that infringes the presumption. I begin with a broad understanding of the presumption itself. Then I offer a brief description of how these agreements function. Finally I address some of the normative issues that must be confronted if legal philosophers who hold retributivist views on punishment and sentencing hope to assess this device. My judgment tends to be favorable. More importantly, I caution against (...) the facile assumption that any means to infringe the presumption is necessarily an illegitimate part of penal practice. (shrink)

Conflicts of interest affect recommendations in clinical guidelines and disclosure of such conflicts is important. However, not all conflicts of interest are disclosed. Using a public available disclosure list we determined the prevalence and underreporting of conflicts of interest among authors of clinical guidelines on drug treatments.

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the normative (...) significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

Guidelines provided by the Director of Public Prosecutions suggest that anyone assisting another to commit suicide in England and Wales, or elsewhere, will not be prosecuted provided there are no self-seeking motives and no active encouragement. This reflects the position in Switzerland. There, however, no difference is made between assistance and inducement. In addition, the Swiss approach makes it possible to establish organisations to assist the suicides of both their citizens and foreign visitors. It should not be assumed that this (...) approach is without controversy in Switzerland. Proposals for reform continue to be debated there, not least because of the concern about some of the actual practices of certain end-of-life organisations. It is likely that a few English citizens will continue to avail themselves of these services in Switzerland if they cannot find the help they require here. This paper explores the legitimacy of the current restrictive position adopted towards assisted suicide in England. It argues that the provisions within the guidelines prohibiting organisations that assist suicides, leaves some without the help they need. While legislative decriminalisation of assisted suicide and the establishment of state-sponsored suicide centres would represent the most permissive regime, this paper proposes that this would be a step too far. The preference here is for decriminalisation but adopting a ‘middle way’ between the two extremes: the more permissive approach provided by the ‘Swiss model’ is one that could be employed here, albeit within a more robust regulatory regime. (shrink)

Bioconservative commentators argue that parents should not take steps to modify the genetics of their children even in the name of enhancement because of the damage they predict for values, identities and relationships. Some commentators have even said that adults should not modify themselves through genetic interventions. One commentator worries that genetic modifications chosen by adults for themselves will undermine moral agency, lead to less valuable experiences and fracture people's sense of self. These worries are not justified, however, since the (...) effects of modification will not undo moral agency as such. Adults can still have valuable experiences, even if some prior choices no longer seem meaningful. Changes at the genetic level will not always, either, alienate people from their own sense of self. On the contrary, genetic modifications can help amplify choice, enrich lives and consolidate identities. Ultimately, there is no moral requirement that people value their contingent genetic endowment to the exclusion of changes important to them in their future genetic identities. Through weighing risks and benefits, adults also have the power to consent to—and assume the risks of—genetic modifications for themselves in a way not possible in prenatal genetic interventions. (shrink)

The recent revelation that the rolling out of the Liverpool Care Pathway as the NHS National End of Life Care strategy in 2008 had been financially incentivised and implemented with astonishing compliance emerged as a thought-provoking development. Many of us have been warning for years of the financial, political and research interests that there are in institutionalising sedation-and-dehydration regimes, and then, inevitably, medical homicide. Freedom of Information Act requests exposed the millions of pounds that have been paid for the implementation (...) of this national end-of-life care strategy. Much more interestingly, it showed that some hospital trusts had been paid these funds for ensuring that up to two thirds of all deaths were Pathway deaths. Given that the very livelihood of health professionals was being judged against the new Commissioning for Quality Innovation (CQUIN) ’Gold Standards Framework’, professional observance of the pathway was predictable. The revelation of management targets, despite the best efforts of the regime’s proponents to play them down, radically alters the debate. Unlike education or housing targets, these ones are potentially homicidal. (shrink)

The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, (...) an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights. (shrink)

Bariatric surgery for children and adolescents is becoming widespread. However, the evidence is still scarce and of poor quality, and many of the patients are too young to consent. This poses a series of moral challenges, which have to be addressed both when considering bariatric surgery introduced as a health care service and when deciding for treatment for young individuals.

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this charge claims that the (...) current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...) norms. Therefore, the presumption of innocence can be used to express any kind of requirement and standard for the criminal process and the treatment of suspect citizens only in a tautological, albeit rhetorically forceful, way. This instrumental use of the presumption of innocence is theoretically without merit but can be practically beneficial as long as there is no developed system of fundamental rights and protections of individual freedoms in a given legal order. Finally, a functional understanding of the presumption of innocence is proposed which gives it an original, though limited field of application as a guarantee of the procedure itself, in particular of the openness of the outcome. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

Ranking systems such as The Times Higher Education’s World University Rankings and Shanghai Jiao Tong University’s Academic Rankings of World Universities simultaneously mark global status and stimulate global academic competition. As international ranking systems have become more prominent, researchers have begun to examine whether global rankings are creating increased inequality within and between universities. Using a panel Tobit regression analysis, this study assesses the extent to which markers of inter-institutional stratification and organizational segmentation predict global status among US research universities (...) as measured by position in ARWU. Findings indicate some support that both inter-institutional stratification and organizational segmentation predict global status. (shrink)

In this article, I argue that depression and suicide are natural kinds insofar as they are classes of abnormal behavior underwritten by sets of stable biological mechanisms. In particular, depression and suicide are neurobiological kinds characterized by disturbances in serotonin functioning that affect various brain areas (i.e., the amygdala, anterior cingulate, prefrontal cortex, and hippocampus). The significance of this argument is that the natural (biological) basis of depression and suicide allows for reliable projectable inferences (i.e., predictions) to be made about (...) individual members of a kind. In the context of assisted suicide, inferences about the decision-making capacity of depressed individuals seeking physician-assisted suicide are of special interest. I examine evidence that depression can hamper the decision-making capacity of individuals seeking assisted suicide and discuss some implications. (shrink)

Building on research in anthropology and philosophy, one can make a distinction between type I and type II energy ethics as a framework for advancing public debate about energy. Type I holds energy production and use as a fundamental good and is grounded in the assumption that increases in energy production and consumption result in increases in human wellbeing. Conversely, type II questions the linear relationship between energy production and progress by examining questions of equity and human happiness. The type (...) I versus type II framework helps to advance public debates about energy that address broad questions of profitability, regulation, and the environment, and in the process poses fundamental questions about the reverence for energy growth in advanced technological societies. (shrink)

In the Republic, Socrates argues that morality (justice) is valuable both for itself and for what comes from it. In contemporary moral theory, this view is not widely accepted. However, contemporary empirical research in psychology reveals that what we experience is also what we come to expect. It follows from this that if we act in an immoral fashion, we will expect the same from others. The more often we act immorally, the more suspicion will be ingrained within us. Suspicion (...) quickly pervades our minds, corrodes our relationships, and increases our levels of stress, thereby dramatically decreasing our quality of life. Moral action, on the other hand, has the ability to strengthen our faith in others and create strong human relationships. Therefore,morality should be classified as having the highest type of value, just as Socrates contends.Moral behavior allows for healthy relations between persons (intrinsic value) and the wellbeing of the individual (extrinsic value). (shrink)

This study looks at some of the traits that characterized Argentina’s scientific and university policies under the military regime that spanned from 1976 through 1983. To this end, it delves into a rarely explored empirical observation: financial resource transfers from national universities to the National Scientific and Technological Research Council (CONICET, for its Spanish acronym) during that period. The intention is to show how, by reallocating funds geared to Science and Technology, CONICET was made to expand and decentralize to the (...) detriment of universities. This was the primary tool used by the military regime to thwart higher education’s research development, bolstering research efforts at other realms. Thus, CONICET grew in budget, number of researchers, and staff size, creating new research institutes, while national universities struggled with reduced funding and were forced to shut down their institutes and programs. As a result, CONICET virtually concentrated all scientific research, foregoing the knowledge accumulated at universities, which drove a wedge between both institutions. This military approach to science and technology policy-making is discussed, bearing in mind the notion of dependence—both in terms of the state’s intervention in the inner workings of the scientific-university field as well as regarding the role played by international financial support in scientific research development. (shrink)