Clinical Ethics and the Dynamics of Group Decision-Making: Applying the Psychological Data to Decisions Made by Ethics Committees Content Type Journal Article Pages 207-228 DOI 10.1007/s10730-009-9096-7 Authors Erica K. Rangel, Saint Louis University Department of Health Care Ethics 6333 North Rosebury Ave #3W St. Louis MO 63105 USA Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737 Journal Volume Volume 21 Journal Issue Volume 21, Number 2.
This article critically examines, and ultimately rejects, the best interest standard as the predominant, go-to ethical and legal standard of decision making for children. After an introduction to the presumption of parental authority, it characterizes and distinguishes six versions of the best interest standard according to two key dimensions related to the types of interests emphasized. Then the article brings three main criticisms against the best interest standard: (1) that it is ill-defined and inconsistently appealed to and applied, (2) that (...) it is unreasonably demanding and narrow, and (3) that it fails to respect the family. Finally, it argues that despite the best interest standard’s potent rhetorical power, it is irreparably encumbered by too much inconsistency and confusion and should be rejected. (shrink)
In this paper we suggest a revisionist perspective on two significant figures in early modern life science and philosophy: William Harvey and John Locke. Harvey, the discoverer of the circulation of the blood, is often named as one of the rare representatives of the ‘life sciences’ who was a major figure in the Scientific Revolution. While this status itself is problematic, we would like to call attention to a different kind of problem: Harvey dislikes abstraction and controlled experiments (aside from (...) the ligature experiment in De Motu Cordis), tends to dismiss the value of instruments such as the microscope, and emphasizes instead the privileged status of ‘observed experience’. To use a contemporary term, Harvey appears to rely on, and chiefly value, ‘tacit knowledge’. Secondly, Locke’s project is often explained with reference to the image he uses in the Epistle to the Reader of his Essay, that he was an “underlabourer” of the sciences. In fact, despite the significant medical phase of his career, Locke’s ‘empiricism’ turns out to be above all a practical (i.e. ‘moral’) project, which focuses on the delimitation of our powers in order to achieve happiness, and rejects the possibility of naturalizing knowledge. When combined, these two cases suggest a different view of some canonical moments in early modern natural philosophy. (shrink)
Hume’s theory of justice is commonly regarded by contemporary theorists of justice as a theory of justice as mutual advantage. It is thus widely thought to manifest all the unattractive features of such theories: in particular, it is thought to endorse the exclusion of people with serious mental or physical disabilities from the scope and protection of justice and to justify the European expropriation of the lands of defenceless aboriginal people. I argue that this reading of Hume is mistaken. Mutual (...) advantage is only part of Hume’s theory, the part that explains the origins of the institutions of justice in a general sense (property and promise keeping), and it is bracketed off from those parts of Hume’s theory that explain who is included within the scope of justice, how much each receives, and why and to whom we have a duty to be just. The interpretation of Hume’s theory as a theory of justice as mutual advantage not only fails to convey Hume’s complex purposes, but it portrays Hume’s theory of justice as the kind of theory he was most concerned to refute. (shrink)
In a contribution to this journal Amos Witzum has challenged a common interpretation of Adam Smith's theory of justice, according to which Smith ‘employed a concept of justice – in the tradition of natural laws theories – whereby rights are related to guarding what is one's own rather than to what is one's due’ (Witzum, 1997, p. 242). Witzum claims that not only does Smith's conception of justice include one's due, and hence, distributional considerations, but the right to one's own (...) ‘stems from the right to what is one's due’ (p. 244). Furthermore, he asserts that ‘as all members of society own their natural faculties, which presumably were given to them to enable them to survive, the fruits of their labour up to subsistence level belong to them by virtue of their ownership of their own faculties’ (p. 259). This leads him to the conclusion that property acquisition gives rise to a duty, on the part of property holders, to ‘distribute subsistence’ and that when wages fall below the subsistence level, the rights of workers have been violated ‘in exactly the same sense that taking an acquired asset away from its owner constitutes a violation of justice’ (p. 244). (shrink)
In 1988 I began a report on the accuracy of expert testimony in child sexual abuse cases utilizing Ralph Underwager and Hollida Wakefield as a case study (Wakefield & Underwager, 1988). In response, Underwager and Wakefield began a campaign of harassment and intimidation, which included multiple lawsuits; an ethics charge; phony (and secretly taped) phone calls; and ad hominem attacks, including one that I was laundering federal grant monies. The harassment and intimidation failed as the author refused demands to retract. (...) In addition, the lawsuits and ethics charges were dismissed. Lessons learned from the experience are discussed. (shrink)
This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique (...) is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. (shrink)
As Post (1996) observes, accounting firms are unique among multinationals. They are more likely than firms in almost any other category to go abroad. They also have less choice in location as their expansion is determined largely by the desired locations of their clients (Anderson and Gatignon, 1986). Given the widespread global presence of such firms, it can be argued that the global audit firm is uniquely at risk from variations in ethical perceptions across nations. This study extends the (...) U.S. accounting literature on determinants of cheating among accounting students to the U.K. Based on the work of Cohen et al. (1993) it develops a model that suggests that students in lower "uncertainty avoidance" countries will be both less likely to cheat, and when they do cheat, will be driven by internal rather than external mode. Our results supported the model as proposed as our results indicated that U.S. students were more likely to cheat and were more responsive to external stimuli than were the U.K. students. (shrink)
I build on Christoyannopoulous’s (2011) compendium of Christian anarchist thought to shed light on the divergence between Christian anarcho-communitarians and Christian anarcho-capitalists. The anarcho-communitarians believe the institution of private property is contrary to the Word of Christ, while the anarcho-capitalists hold it is justifiable. I show that the anarcho-communitarians misunderstand [...].
Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)
Introduction : up against Carl Schmitt -- An afterlife for Carl Schmitt? -- On politics, law and ideology -- Mobilising direct political action: Sorel, myths and counter-myths -- Myths of parliamentarism -- Leviathan : a political myth misfired? -- Hamlet as an instructive prototype of a political myth? -- Political myths underpinning democracy.
Ethnic nepotism theory predicts that even in times of communal peace altruism is more pronounced within than between ethnic groups. The present study tested the hypothesis that altruism in the form of alms giving would be greater within than between ethnic groups, and greater between more closely related groups than between more distant groups. The three groups chosen for study were ethnic Russians, Moldavians, and Gypsies. Russians are genetically closer to Moldavians than to Gypsies. Observations were made of 128 ethnic (...) Russian, 25 Moldavian, and 25 Gypsy beggars receiving gifts from ethnic Russians in Moscow trains. The Gypsies were mainly girls, contrary to the Russian sample. Multivariate analysis identified three main strategies: active, personified, and appeasing-undirected. Russian strategies were most variable. Gypsies presented strong charity releasers: 84% were children who played music and sang and showed appeasing-undirected behavior. The few adults were highly submissive or friendly. Nevertheless, their success was limited compared with that of ethnic Russians despite the latter’s demanding behavior and their being mostly mature or elderly persons. Moldavians received an intermediate amount of charity. The hypothesis was supported. (shrink)
How do we make simple purchasing decisions (e.g., whether or not to buy a product at a given price)? Previous work has shown that the Attentional-Drift-Diffusion-Model (aDDM) can provide accurate descriptions of the psychometric data for binary and trinary value-based choices, and of how the choice process is guided by visual attention. However, the computational processes used to make purchasing decisions are unknown. Here we extend the aDDM to the case of purchasing decisions, and test it using an eye-tracking experiment. (...) We find that the model provides a quantitatively accurate description of the relationship between choice, reaction time, and visual fixations using parameters that are very similar to those that best fit the previous data. The only critical difference is that the choice biases induced by the fixations are about half as big in purchasing decisions as in binary choices. This suggests that the brain uses similar computational processes in these varied decision situations. (shrink)
O propósito que anima este estudo é o de desenvolver análises e construir argumentos, focalizando a “imagem de homem” como tema filosófico do processo reflexivo de formação docente continuada. A metodologia utilizada na formulação dos argumentos foi recorrente ao ensaio, com um encadeamento articulado de análises sustentadas por aportes cuja delimitação temática e teórica é justificada no artigo. Nas considerações finais, reforçam-se os argumentos sobre a importância da continuidade e aprofundamento da formação docente, ressaltando-se, em seus estudos e reflexões, os (...) subsídios do campo temático da filosofia da educação, e nele, a consideração a questões instigantes referidas à imagem de homem que possa, de modo pouco visibilizado e refletido, estar subjacente ao escopo das práticas educativas dos professores. Propõe-se, então, que se considerem, nos critérios orientadores das práticas, referências críticas e contextualizadas, que se encontram na dinâmica da ação-reflexão-ação, própria dos encontros de formação na escola. (shrink)