Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...) harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole? (shrink)

This article addresses a common yet rarely discussed aspect of hospital care—a pro-active approach to ethical dilemmas. Potential ethical conflicts often present warning signs to clinicians, analogous to the warning lights on a car’s dashboard. Using a recent case study, a commonly encountered clinical decision—a conflict about whether to terminally extubate a critically ill patient versus whether to offer a tracheostomy— we describe a pro-active approach to ethical conflicts and outline three learning objectives: (1) the need for a robust understanding (...) of the term “futility,” (2) the need for an appreciation of the various and often conflicting interpretations of “improved/improving,” and (3) the need to understand the challenges of surrogate decision making. (shrink)

While debate continues over the role of the lawyer in society, this article notes that the recently amended professional conduct rules of both barristers and solicitors and the proposed draft National Law prioritise the duty to the court and the administration of justice. In addition, the Australian Learning and Teaching Council's threshold learning outcomes for legal education corroborate these obligations when they assert that the role of a lawyer includes a professional responsibility to promote justice in service to the community. (...) By referring to Australia's proposed regulatory framework and associated national professional conduct rules, and drawing upon the American Bar Association's Model Rules of Professional Conduct and a body of US literature that refers to lawyers as public citizens, this article will argue that Australian lawyers owe a duty to the public in their everyday dealings with clients. In doing so, this article will refer to some theories of citizenship; and what it means for lawyers, in a practical sense, to act as public citizens. (shrink)

ABSTRACTA lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for example, a (...) duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules... (shrink)

This study ascertained reports of assent (affirmative agreement) and permission (agreement by an adult fully capable of being informed) in 114 children's research articles in 1990 in Child Development (CD), Journal of Consulting and Clinical Psychology (JCCP), Journal of Pediatric Psychology, and Journal of Clinical Child Psychology. Of the research projects, 43% failed to specify permission, and 68.5% failed to specify assent. JCCP reported assent significantly more than CD. Assent was reported significantly more in research with older children than with (...) younger children. This lack of sensitivity to assent and permission suggests that many authors, reviewers, and editors consider reporting assent and permission unessential. We recommend specifying assent and permission in all manuscripts, highlighting children's research issues in graduate training, and using specific safeguards when conducting research with children. (shrink)

ABSTRACTSince 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines...

ABSTRACTCivility has long been considered a core value of lawyering. For some time, concern has been expressed in the literature about the loss of civility in the legal profession, and regulators and professional associations have sought to foster civility and to discourage, and in some cases, penalise, incivility. In particular, instances of incivility or discourteousness are increasingly linked to questions of misconduct. However, the notion of ‘civility’ is itself, often contentious, and the line between ‘robust' communication and incivility is unclear.Does (...) civility matter? If so, when will lawyer advocacy on behalf of the client, or their strongly worded criticisms of an opponent's actions, become the subject of claims of unethical behaviour?Arguing that civility is important, this article will analyse relevant case law from Australia, the United Kingdom, the United States, Canada and New Zealand, in order to better understand contemporary conceptions of civility and to draw out principles currently b.. (shrink)

We share Roberts and Buckloh's (this issue) concern about issues of assent and permission in research with children and agree that our research cannot conclude legitimately that (a) researchers failed to obtain permission/assent, (b) children were put at risk, or (c) failure to report permission/assent procedures was, in any way, unethical. We never made these conclusions. Rather, we argue that publishing assent and permission would enhance compliance with ethical standards, sensitize researchers and readers to its importance, and shift publishing priorities (...) in an appropriate direction. (shrink)

'Dire ou se dire : Il faut que je me repose, c'est formuler un désir, un sentiment que l'on considère, sans y réfléchir, comme l'expression d'un besoin élémentaire. Or, rien n'est plus faux. Le loisir a remplacé le repos. Il en occupe le temps. Il en envahit l'espace. On ne parle plus guère de repos mais de moment de détente ; ce qui revient à remplacer la fatigue par une tension, un mal-être, par exemple le 'burn-out'.' Alain Corbin tisse (...) la trame d'une histoire oubliée. Chercher la solitude, pour les uns, prier ou non pour les autres, se recueillir, se poser ou marcher... tant de façons de restaurer son être ont été imaginées et testées. Cette histoire est une invitation à vivre différemment notre rapport au travail, à la fatigue, au temps."--Page 4 of cover. (shrink)

Ibn'Arabi (Murcie 1165-Damas 1241), philosophe, théologien et mystique musulman, est reconnu dans la tradition du Soufisme comme le plus grand Maître. C'est le philosophe qui a sans doute le mieux théorisé l'unicité de Dieu, reconnaissant la présence divine en toute forme et toute image. Disant de lui : " Je ne suis ni un prophète, ni un Envoyé, je suis simplement un héritier, quelqu'un qui laboure et ensemence le champ de la vie future ". Ibn'Arabi se donnait la capacité de (...) convoquer les prophètes hors de " présences imaginales " se considérant comme l'équivalent des Envoyés de Dieu. Plus qu'une biographie du Maître Ibn'Arabi, l'ouvrage est une étude, une analyse approfondie de l'univers de la spiritualité comme source de l'" imagination créatrice ". Selon ces réflexions et méditations, la Création, macrocosme cosmique, ombre visible de la lumière originelle est d'abord une matérialisation du verbe divin. Aux conditions initiales de la création des mondes répond la créature imaginant aussi son monde ou ses mondes, poursuivant elle-même la création et renouvelant. C'est par cette étude, fondatrice dans son œuvre, que Corbin a forgé le concept " d'imaginal ", initiant ici le décloisonnement qu'il poursuivra à travers toute son œuvre entre l'imaginaire et la science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Closing the Gaps in Pediatric HIV/AIDS Care, One Step at a TimeLisa V. Adams, Helga Naburi, Goodluck Lyatuu, Paul Palumbo, and C. Fordham von ReynFatuma's* doctors were completely perplexed. It was 2003 and she had returned to the DARDAR clinic in her hometown of Dar es Salaam, Tanzania three times that week with vague complaints of various pains and aches. Her doctors were considering whether these symptoms were due (...) to the initiation of her recent treatment with antiretroviral medications for her HIV infection or related to the last administration of the investigational tuberculosis (TB) vaccine that the DARDAR Health Study was evaluating. Fatuma's doctor, Dr. Lillian Mtei, consulted with Dartmouth's chief of Infectious Disease, Dr. Ford von Reyn, who happened to be in Dar that week on a site visit. Neither physician could determine the basis for her symptoms. Dr. Mtei returned to the exam room once more and this time emerged with the answer: Fatuma had just learned that her three year old daughter was HIV-infected, likely contracted from Fatuma during or shortly after she gave birth to her daughter. Fatuma believed that her HIV diagnosis was a death sentence for her daughter since antiretroviral therapy was not widely available for children.Dr. von Reyn, Dartmouth's lead clinical researcher in Africa and a father, knew too well the harsh reality of inequities in a resource-limited country. He turned to Dr. Mtei and said decidedly, "we need to do something about this."Thus the DARDAR Pediatric Program was born.Pediatric HIV: A Neglected DiseaseThe need for HIV treatment among children in Tanzania, as in most of sub-Saharan Africa, is compelling. At the end of 2009, approximately 160,000 children aged zero to fourteen in Tanzania were living with HIV (Joint United Nations Programme on HIV/AIDS [UNAIDS], 2011). Even with successful roll out of prevention of mother to child transmission programs in Tanzania, there were nearly 29,000 perinatal infections in 2009. As of December 2010, only 18% of these were enrolled in HIV treatment programs (UNAIDS, 2011; World Health Organization [WHO], 2011). Without antiretroviral therapy (ART), one-half of HIV-infected children will die before their second birthday. Since clinical research to determine efficacy and safety of new medical treatments is conducted almost exclusively in adults, provision of new medical treatments to [End Page 75] children always lags behind advances for adults. Furthermore, children are often underrepresented in programs for antiretroviral drugs for the following reasons: 1) they are not prioritized for care; 2) facilities lack infant diagnostic capabilities; 3) there is limited pediatric HIV training and consequently, a shortage of pediatric providers; and 4) pediatric antiretroviral formulations are frequently unavailable. The unacceptable delays in pediatric HIV drug development and treatment access led the international organization Drugs for Neglected Diseases initiative to publish an editorial in which they referred to pediatric HIV as a "neglected disease" (Lallemant, Chang, Cohen, & Pecoul, 2011).The Tip of the Iceberg: More than Just MedicinesWith a grant from the New York-based Foundation for the Treatment of Children with AIDS, the DARDAR Pediatric Program, a joint collaboration between Geisel School of Medicine at Dartmouth and Muhimbili University of Health and Allied Sciences, began seeing patients in May 2006. It was the first dedicated pediatric HIV Care and Treatment Center in Tanzania and operates in accordance with Tanzania's National AIDS Control Programme's guidance. Testing for both children and infants (the latter of which requires a more sophisticated assay) is available.The day the clinic opened we celebrated this collaborative effort that would provide HIV-infected children in Dar es Salaam access to antiretroviral treatment. One of our first patients was a six-year-old boy whose mother, like Fatuma, was a participant in our TB vaccine trial. She had been advised to bring her son to us for HIV screening. Her son looked healthy so she was surprised and understandably distraught when his test results indicated that not only was he HIV-infected, but his CD4 percentage was very low. His mother was reluctant to have him started on antiretrovirals given his general appearance and young age—and that he was... (shrink)

In recent years, there has been a wide-ranging debate about the neo-republican principle of non-domination. Neo-republicans argue that domination is a capacity for one to intentionally use arbitrary power to interfere in someone’s life. Critics of neo-republicanism argue that this definition of freedom as non-domination precludes a structural analysis of domination, which would explain and critique the ways in which societies produce structural domination unintentionally. The article focuses on capitalism’s labor process and its labor markets. It argues that critics are (...) correct to think that the neo-republican principle of non-domination has an insufficient scope, but that an alternative account of structural domination should still support the neo-republican idea that agency must be involved. Otherwise, we might simply fail to explain the social processes that reproduce structural domination. What is needed is to explain how the labor process creates incentives for agents to intentionally produce structures that have unintended, yet dominating effects, and in turn, how the intentions of agents are conditioned by their social positions. Domination is thus agential and structural. (shrink)

This article explores an under-examined theme, which is who or what is the working class and what is wrong with the situation that members of this class share. It argues that class divisions impose a unique harm for a diverse and interdependent group within capitalist societies both in spite and because of differences among group members. Class matters not just because it creates economic groups in which some are rich and others are poor, but because competition creates conditions that militate (...) against solidarity, toward cleavage and conflict. Class is a constraint on collective self-determination and, therefore, a source of domination. (shrink)

Systematic ethics support in community health services in Norway is in the initial phase. There are few evaluation studies about the significance of ethics reflection on care. The aim of this study was to evaluate systematic ethics reflection in groups in community health , - from the perspectives of employees participating in the groups, the group facilitators and the service managers. The reflection groups were implemented as part of a research and development project.

Inclusive, non-elitist art spaces are mounted by remarkably talented, creative individuals. Alfred Stieglitz and Donald Judd were two such individuals. Stieglitz's space was an intimate urban art gallery in Manhattan while Judd's space in Marfa, Texas was expansive, isolated, and rural. Aside from sharing the usual characteristics of the very creative, both were charismatic, physically attractive, intelligent men who held forceful visions about art. Unlike most of their peers, they had the capacity to write well and speak convincingly. Their resolute (...) confidence and aesthetic competencies enabled them to attract and hold astute colleagues. Last they had the necessary expertise and connections to obtain resources required to maintain their vision. (shrink)

Their nursing experience and/or training may lead students preparing for the nursing profession to have less moral distress and more favorable attitudes towards a hastened death compared with those preparing for other fields of study. To ascertain if this was true, 66 undergraduates (54 women, 9 men, 3 not stated) in southeastern USA completed measures of moral distress and attitudes towards hastening death. Unexpectedly, the results from nursing and non-nursing majors were not significantly different. All the present students reported moderate (...) moral distress and strong resistance to any efforts to hasten death but these factors were not significantly correlated. However, in the small sample of nurses in training, the results suggest that hastened death situations may not be a prime reason for moral distress. (shrink)

The relationship between traumatic experiences and subsequent distress is not well understood, and little research focuses on the lived experience of psychological trauma. I draw on Louis Sass’s phenomenological taxonomy to address this lacuna. I present his differentiation between relations of phenomenological causality and implication and demonstrate that his taxonomy can be applied to experiences of trauma. Relations of phenomenological causality and implication can be identified in the genesis and constitution of post-traumatic distress. My adaptation of Sass’s taxonomy will furthermore (...) offer an extension and development of his account, applying it to the study of post-traumatic experiences and elaborating it in the process. I shall demonstrate that whether experiences occur synchronically or diachronically is not essential to their categorization in terms of phenomenological implication and causality, respectively. I will show that an alteration in perception or behavior post trauma might temporally succeed the traumatizing event while, at the same time, being implied in the experience of the event. Thereby, I demonstrate how phenomenology may contribute to a detailed understanding of experiences of trauma. Scrutiny of traumatic experiences furthermore promises to contribute to the philosophical discourse on causality, implication, and temporal experience. (shrink)

Ethics support in primary health care has been sparser than in hospitals, the need for ethics support is probably no less. We have, however, limited knowledge about how to develop ethics support that responds to primary health-care workers’ needs. In this article, we present a survey with a mixture of closed- and open-ended questions concerning: How frequent and how distressed various types of ethical challenges make the primary health-care workers feel, how important they think it is to deal with these (...) challenges better and what kind of ethics support they want. Five primary health-care institutions participated. Ethical challenges seem to be prominent and common. Most frequently, the participants experienced ethical challenges related to scarce resources and lack of knowledge and skills. Furthermore, ethical challenges related to communication and decision making were common. The participants welcomed ethics support responding to their challenges and being integrated in their daily practices. (shrink)

I thank Jane Sedlakova and Manuel Trachsel for their work on situating conversational artificial intelligence’s (CAI) potential role in psychotherapy. In their article, Sedlakova and Trachsel argue...

Using samples from the U.S. and Puerto Rico, we examine cross-cultural differences in cultural value dimensions, and relate these to act and rule utilitarian orientations, and ethical decision making of business professionals. Although these places share the same legal environment, culturally they are distinct. In addition to tests of between-group differences, a model in which utilitarian orientation mediates the influence of cultural values on ethical decisions was evaluated at the individual level of analysis. Results indicated national culture differences on three (...) cultural values, but no between-group differences on utilitarian orientations and ethical decisions. Significant indirect effects were found; act utilitarian orientation mediated the effects of two values activity orientation and universalism on ethical decision making. Implications for international management practices and business ethics are discussed. (shrink)

The Norwegian Parliament has decided to give priority to ethics in municipal health services. This priority is supposed to raise competence in ethics within municipal health services. As part of the national project, the participating municipalities were encouraged to develop and carry out local projects. In this article, we present a local ethics project in one of the participating municipalities in central eastern Norway. The local project for raising competence in ethics was carried out in cooperation with researchers at the (...) Centre for Medical Ethics (CME) at the University of Oslo. Most people agree that ethics are important in health services. However, there are many ways to increase competence in ethics and to stimulate ethical reflection. In this article we present a broad overview of this local ethics project, but special focus will be put on presenting the actions that have been used for increasing the level of ethical competence and stimulating ethical reflection among the participants. We describe our evaluation of the project and the research we carried out. Explanations will be given for the thought process behind the decisions that were made. (shrink)

The treatment of employees during downsizing and corporate restructuring raises many ethical issues. To provide a common framework for understanding ethical decisions facing organizations delivering the news of dismissal to affected employees, Integrative Social Contracts Theory and the research on social exchange was used to integrate existing research on employee dismissal. Of particular importance was determining the criteria necessary to manage the dismissal process within ethical boundaries. Three basic criteria, which together represent a variety of contractual and transactional obligations, are (...) proposed as necessary for an ethical approach to dismissal; 1) advance warning of the job loss, 2) open communication, and 3) institutionalized support services. The frequency with which organizations meet these criteria is examined using a geographically dispersed, cross-organizational sample of 770 involuntarily displaced professional employees. In addition, the effect of such an ethical approach to dismissal on individual psychological and financial outcomes is examined. Findings are discussed as they relate to the implicit contract between employee and employer and organizations' responsibility to employees during corporate restructuring. (shrink)

authoritarians so far as the fact of imperfection is concerned, but they disagree widely, often fundamentally, as to the constituent elements of that imperfection. Likewise libertarians and authoritarians – at least, the more progressive contingent of the latter – are at one concerning the desirability and justice of the “single..

The Punishment of Dirce was a theme that intrigued both artists and patrons of the Roman period. It appeared in diverse locations and media, notably as a wall painting in the House of the Vettii in Pompeii and the Toro Farnese once displayed in the Baths of Caracalla in Rome. In all representations, Dirce struggles with the bull that will trample her to death. Traditional studies of this imagery have focused on the formal characteristics of these representations, studying issues of (...) workshop practice and the relationship between originals and copies. Scholars seldom analyze the meaning of the myth in depth. While most studies note that Dirce often appears in the guise of a maenad, they dismiss this observation. Additionally, it is rarely noted that Dirce's semi-nudity has any role in this story. In fact, her nudity is highly significant, for it was not part of the literary accounts. This study offers a fresh interpretation of Dirce's punishment considering the function of gender. Using literary sources such as Euripides, Plautus, Lucian, and Petronius, as well as visual images in a variety of media including wall painting, sculpture, gems, medals, and lamps, it is argued that artists and patrons combined maenadism and nudity to portray Dirce as a specifically female social transgressor. As a semi-nude maenad, the queen abandons accepted female decorum. These attributes allow the viewer readily to identify Dirce as guilty of hubris against family and society. (shrink)

With my research, I wish to contribute to the discussion of post-traumatic psychopathologies from a phenomenological perspective. The main question I pursue is to what extent PTSD can be understood as an intersubjective psychopathology and which implications this view might have. In this paper, I argue that the mode of perception allowing for intersubjective experience is vulnerable to disruptions through traumatic events. I begin with a short elaboration on what intersubjectivity entails before proceeding to illustrate how it can be impaired. (...) Then, I focus on the concept of empathy as a mode of perception: I propose that due to a disruption of the ability to empathize an individual suffering from PTSD may cease to experience the other as another subject that offers possibilities for interaction. The traumatized individual is thus unable to establish meaningful connections with others. I offer some implications this view might entail for thinking about trauma treatment. (shrink)

In trying to connect a primarily literary account of sentimental history and theory to a primarily philosophical account of feminist pragmatism,1 certain dangers emerge. One is to unintentionally privilege the genre of philosophy over the genres of poetry or sentimental fiction. In H.S. Thayer’s insightful Meaning and Action: A Critical History of Pragmatism, as but one example, philosophical writing subordinates other genres, such as poetry or novels, leading to readings of Dewey and James that disproportionately weight the influence of philosophical (...) writing on their attitudes. Doing this not only limits the cultural complexity of James and Dewey’s thought, it tends to discount the writing of pragmatists like.. (shrink)

Gender equality is something that the human race has been struggling with since time immemorial. No country has achieved gender equality despite the legislative, social, and economic gains for women. Therefore, modern society likes to blame certain groups, such as religion for the gender inequalities which are faced, more than others. The main focus of this study is to evaluate the role of religious leaders in promoting gender equality through the legislation and religious texts in Zimbabwe. The study further explores (...) how certain religious norms and practices can be modified through religious texts to accommodate women in achieving gender equality. The paper acknowledges that religious leaders have a greater responsibility to standup, speak and act with and on behalf of those with less power, such as the marginalized and discriminated against, including exploited planet Earth. The paper seeks to foreground how certain traditional religious practices and norms have exacerbated gender inequality in Zimbabwe, despite the laws that have been enacted by the government of Zimbabwe to promote gender equality. The data for the paper was gathered through observations and semi-structured interviews conducted with both religious leaders and women to establish how religious norms and practices directly or indirectly affect women and how they can be modified to achieve gender equality in Zimbabwe. The data gathered was analysed through descriptive data analysis. The paper concludes by recommending that religious leaders should be thoroughly trained on how to promote gender equality through religious texts and legislation. Contribution: The article evaluated the role of religious leaders in promoting gender equality through legislation and religious texts in Zimbabwe. It argued that religious leaders have a higher need to support, advocate and act on behalf of individuals who are marginalised and subjected to discrimination on planet Earth. Hence, its contribution was in promoting gender equality through religious texts and legislation in Zimbabwe for sustainable development. (shrink)

Violence sells, Americans have what sometimes seems to be an insatiable appetite for it. Depictions and descriptions of violence saturate our culture. songs urge us to rape women, kill police officers, and commit suicide. Movies portray-indeed they glorifyviolence as an intrinsic element of every imaginable plot line.Despite substantial evidence that an individual’s repeated exposure to portrayals of violence is associated with significantly increased likelihood that the individual will commit aggressive acts against others, no legal regime currently regulates such portrayals either (...) on television, in music, in movies, or in video games. Neither Congress, the Federal Communications Commission, the Federal Trade Commission, nor any state legislature has yet mustered the political will to impose substantial or systematic legal constraints upon producers or purveyors of violent images. Official censorship is rightly to be feared, but unreflective invocations of our commitment to freedom of speech provide incomplete justification for our legal regime’s apparent indifference to the possibility that media-induced violence may impose substantial costs on innocent victims. (shrink)

Violence sells, Americans have what sometimes seems to be an insatiable appetite for it. Depictions and descriptions of violence saturate our culture. songs urge us to rape women, kill police officers, and commit suicide. Movies portray-indeed they glorifyviolence as an intrinsic element of every imaginable plot line.Despite substantial evidence that an individual’s repeated exposure to portrayals of violence is associated with significantly increased likelihood that the individual will commit aggressive acts against others, no legal regime currently regulates such portrayals either (...) on television, in music, in movies, or in video games. Neither Congress, the Federal Communications Commission, the Federal Trade Commission, nor any state legislature has yet mustered the political will to impose substantial or systematic legal constraints upon producers or purveyors of violent images. Official censorship is rightly to be feared, but unreflective invocations of our commitment to freedom of speech provide incomplete justification for our legal regime’s apparent indifference to the possibility that media-induced violence may impose substantial costs on innocent victims. (shrink)