The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and role (...) of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)

ABSTRACT A patient whose case notes had been used, without her permission, during a disciplinary inquiry on the conduct of Wendy Savage (her obstetrician) complained that this was a breach of confidentiality. Her complaint cannot be understood as based on a concern about the possible adverse consequences of this use of the notes: rather, her concern was just with the fact that medical information about her had been made known to others. My concern is with the meaning and status of (...) the right to privacy, to which the Savage patient appealed. Such a right cannot be reduced to a property right, since this cannot capture what concerned the Savage patient. A proper understanding of what lies behind her complaint requires us to recognise the way in which facts about oneself—in this case facts about one's body—are intimately bound up with one's self, with one's identity, and thus with one's autonomy. What kinds of fact, and thus what conception of the self, are involved in such a conception of privacy need not everywhere be the same; the crucial point is that privacy and the self are concepts which, whatever their particular content, are internally related [1]. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

Since I do not disagree with the line of argument taken by Kramer and the distinctions he draws between the different ways rules can be ‘mind-independent’, my comments focus on some of the complexities involved in the application of his distinctions. I suggest that law, properly understood as a system of rules/conventions is both existentially and observationally weakly mind independent, but nonetheless objective.

Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...) D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

Dynamin is a GTPase that regulates late events in clathrin‐coated vesicle formation. Our current working model suggests that dynamin is targeted to coated pits in its unoccupied or GDP‐bound form, where it is initially distributed uniformly throughout the clathrin lattice. GTP/GDP exchange triggers its release from these sites and its assembly into short helices that encircle the necks of invaginated coated pits like a collar. GTP hydrolysis, which is required for vesicle detachment, presumably induces a concerted conformation change, tightening the (...) collar. Unlike most of its GTPase cousins that serve as molecular switches, dynamin has a low affinity for GTP, a very high intrinsic rate of GTP hydrolysis and functions as a homo‐oligomer. A concerted conformational change resulting from coordinated GTP hydrolysis by the dynamin oligomer might be sufficient to generate force. In this case, dynamin would be the first GTPase identified that acts as a structural protein with mechano‐chemical function. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

We are reporting on how involved the mentor was in promoting responsible research in cases of research misconduct. We reviewed the USPHS misconduct files of the Office of Research Integrity. These files are created by Institutions who prosecute a case of possible research misconduct; ORI has oversight review of these investigations. We explored the role of the mentor in the cases of trainee research misconduct on three specific behaviors that we believe mentors should perform with their trainee: (1) review source (...) data, (2) teach specific research standards and (3) minimize stressful work situations. We found that almost three quarters of the mentors had not reviewed the source data and two thirds had not set standards. These two behaviors are positively correlated. We did not see convincing evidence in the records that mentors were causing stress, but it was apparent in the convicted trainees’ confessions that over 50% experienced some kind of stress. Secondary data, while not created for this research purpose, allows us to look at concrete research behaviors that are otherwise not very researchable. We believe it is important for mentors and institutions to devote more attention to teaching mentors about the process of education and their responsibilities in educating the next generation of scientists. This becomes a critical issue for large research groups who need to determine who is in charge educating, supervising and assuring data integrity. (shrink)

The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...) a public wrong, it explains the positive principle, that we have reason to criminalise conduct if it constitutes a public wrong, by drawing an analogy between criminal law and codes of professional ethics, and by appealing to the idea of civil order, as the normative structure of a polity—a structure that criminal law helps both to constitute and to sustain. Four objections are then met: that this account implies an unacceptable relativism; that it distorts the reasons that bear on criminalisation; that it cannot make room for those who do not identify themselves with the polity in which they live; and that it implies an unrealistically demanding conception of what is required for a polity to exist. (shrink)

Division of labor and its associated phenomena have been viewed as prime examples of group-level adaptations. However, the adaptations are the result of the process of evolution by natural selection and thus require that groups of insects once existed and competed for reproduction, some of which had a heritable division of labor while others did not. We present models, based on those of Kauffman (1984) that demonstrate how division of labor may occur spontaneously among groups of mutually tolerant individuals. We (...) propose that division of labor itself is not a product of natural selection but instead is a "typical" outcome of self organization. (shrink)

The assessment and management of pain is a significant public health problem in the United States. Long-term care facilities face unique barriers and challenges to pain management due to the large population of cognitively impaired residents, little physician contact and poor pain education for nurses and nurse assistants. In addition, common misconceptions about pain and pain treatment in the elderly along with health professional and resident fears of addiction and drug toxicity, add to the problem of pain management. The basic (...) principles of pain treatment in long-term care are identical to all other health care settings – utilizing a combination of drug and non-drug treatments. Recent efforts to institutionalize improved pain management practices, through assessment procedures and defined pain management policies, standards and education programming, is a promising venue for systemically improving pain treatment in long-term care settings. (shrink)

As employee assistance programs (EAPs) have evolved and expanded their scope in the past decade, many factors have contributed to meeting the demands of conflicting client constituencies in a multifaceted client environment. This article enumerates several of these factors, notes consequences of ensuing conflicts, and ultimately proposes some methods to counter some of these ethical dilemmas in the future. It is the hope that greater recognition and understanding of ethical conflicts in client loyalty within a host organization will foster increased (...) sensitivity on the part of the EAP practitioner toward resolving these conflicts. (shrink)

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

Wealthy individuals stand to gain materially from economic inequality and, moreover, have shaped many organizational and societal practices that perpetuate economic inequality. Thus, they are unlikely allies in the effort to remedy economic inequality. In this article, however, we study the mobilization of a small group of wealthy activists who join underprivileged allies to expose and contest the root causes of wealth consolidation; they offer an instructive alternative to “philanthrocapitalism,” whereby the wealthy give after extreme accumulation. Our study contributes to (...) the growing literature on inequality and organizations by recognizing how inequality is reproduced through organizations, cognizant that efforts to halt this reproduction will likely be contested by the wealthy. Our study examines how advocacy by the wealthy may be challenging, but it may garner attention because it is unexpected. We derive the concept of “privilege work” from our observations of an often awkward and fraught process that enables the wealthy to engage with their own privilege, use their insider knowledge of wealth accumulation as a lever for change, and work respectfully with underprivileged allies rather than invoking superior status. (shrink)

The ease with which genotyping technologies generate tremendous amounts of data on research participants has been well chronicled, a feat that continues to become both faster and cheaper to perform. In parallel to these advances come additional ethical considerations and debates, one of which centers on providing individual research results and incidental findings back to research participants taking part in genetic research efforts. In 2006 the Industry Pharmacogenomics Working Group offered some ‘Points-to-Consider’ on this topic within the context of the (...) drug development process from those who are affiliated to pharmaceutical companies. Today many of these points remain applicable to the discussion but will be expanded upon in this updated viewpoint from the I-PWG. The exploratory nature of pharmacogenomic work in the pharmaceutical industry is discussed to provide context for why these results typically are not best suited for return. Operational challenges unique to this industry which cause barriers to returning this information are also explained. (shrink)

This book assesses how Vatican II opened up the Catholic Church to encounter, dialogue, and engagement with other world religions. Opening with a contribution from the President of the Pontifical Council for Interreligious Dialogue, Cardinal Jean-Louis Tauran, it next explores the impact, relevance, and promise of the Declaration Nostra Aetate before turning to consider how Vatican II in general has influenced interfaith dialogue and the intellectual and comparative study of world religions in the postconciliar decades, as well as the contribution (...) of particular past and present thinkers to the formation of current interreligious and comparative theological methods. Additionally, chapters consider interreligious dialogue vis-à-vis theological anthropology in conciliar documents; openness to the spiritual practices of other faith traditions as a way of encouraging positive interreligious encounter; the role of lay and new ecclesial movements in interreligious dialogue; and the development of Monastic Interreligious Dialogue. Finally, it includes a range of perspectives on the fruits and future of Vatican’s II’s opening to particular faiths such as Judaism, Islam, Hinduism, and Buddhism. (shrink)

At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.

Background Over the last decade, the return of results (ROR) in precision medicine research (PMR) has become increasingly routine. Calls for individual rights to research results have extended the “duty to report” from clinically useful genetic information to traits and ancestry results. ROR has thus been reframed as inherently beneficial to research participants, without a needed focus on who benefits and how. This paper addresses this gap, particularly in the context of PMR aimed at increasing participant diversity, by providing investigator (...) and researcher perspectives on and questions about the assumed value of ROR in PMR.Methods Semi-structured interviews with a purposive sample of investigators and researchers across federally funded PMR studies in three national consortia, as well as observations of study activities, focused on how PM researchers conceptualize diversity and implement inclusive practices across research stages, including navigating ROR.Results Interviewees (1) validated the value of ROR as a benefit of PMR, while others (2) questioned the benefit of clinically actionable results to individuals in the absence of sufficient resources for translating findings into health care for diverse and disadvantaged populations; (3) expressed uncertainties in applying the presumed value of ROR as a benefit for non-clinical results; and (4) and debated when the promise of the value of ROR may undermine trust in PMR, and divert efforts to return value beyond ROR.Conclusions Conceptualizations of diversity and inclusion among PM researchers and investigators raise unique ethical questions where unexamined assumptions of the value of ROR inform study recruitment efforts to enroll minoritized and under-represented populations. A lack of consideration for resources and infrastructure necessary to translate ROR into actionable information may hinder trustworthy community-research relationships. Thus, we argue for a more intentional interrogation of ROR practices as an offer of benefit and for whom. (shrink)

By combining a flanker task and a cuing task into a single paradigm, the authors assessed the effects of orienting and alerting on conflict resolution and explored how normal aging and Alzheimer’s disease (AD) modulate these attentional functions. Orienting failed to enhance conflict resolution; alerting was most beneficial for trials without conflict, as if acting on response criterion rather than on information processing. Alerting cues were most effective in the older groups— healthy aging and AD. Conflict resolution was impaired only (...) in AD. Orienting remained unchanged across groups. These findings provide evidence of different life span developmental and clinical trajectories for each attentional network. (shrink)

The beneficial effects of physical exercise on physical health and cognitive functioning have been repeatedly shown. However, evidence of its effect on psychosocial functioning in healthy adults is still scarce or inconclusive. One limitation of many studies examining this link is their reliance on correlational approaches or specific subpopulations, such as clinical populations. The present study investigated the effects of a physical exercise intervention on key factors of psychosocial functioning, specifically well-being, stress, loneliness, and future time perspective. We used data (...) from healthy, previously sedentary older adults who participated in a 6-month at-home intervention, either engaging in aerobic exercise or as part of a control group who participated in foreign language-learning or reading of selected native-language literature. Before and after the intervention, comprehensive cardiovascular pulmonary testing and a psychosocial questionnaire were administered. The exercise group showed significantly increased fitness compared to the control group. Contrary to expectations, however, we did not find evidence for a beneficial effect of this fitness improvement on any of the four domains of psychosocial functioning we assessed. This may be due to pronounced stability of such psychological traits in older age, especially in older adults who show high levels of well-being initially. Alternatively, it may be that the well-documented beneficial effects of physical exercise on brain structure and function, as well as cognition differ markedly from beneficial effects on psychosocial functioning. While aerobic exercise may be the driving factor for the former, positive effects on the latter may only be invoked by other aspects of exercise, for example, experiences of mastery or a feeling of community. (shrink)