This paper considers the relation between the sources of normativity, reasons, and normative conflicts. It argues that common views about how normative reasons relate to their sources have important consequences for how we can understand putative normative conflicts.
This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of (...) reasoning with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. (shrink)
Two groups of agents, G1 and G2, face a *moral conflict* if G1 has a moral obligation and G2 has a moral obligation, such that these obligations cannot both be fulfilled. We study moral conflicts using a multi-agent deontic logic devised to represent reasoning about sentences like "In the interest of group F of agents, group G of agents ought to see to it that phi". We provide a formal language and a consequentialist semantics. An illustration of our semantics (...) with an analysis of the Prisoner’s Dilemma follows. Next, necessary and sufficient conditions are given for (1) the possibility that a single group of agents faces a moral conflict, for (2) the possibility that two groups of agents face a moral conflict within a single moral code, and for (3) the possibility that two groups of agents face a moral conflict. (shrink)
The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with by means (...) of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)
This paper develops the thesis that personal identity is neither to be taken in terms of an unchanging self-sufficient ‘substance’ nor in terms of selfhood ‘without substance,’ i.e. as fluctuating processes of pure relationality and subject-less activity. Instead, identity is taken as self-transformation that is bound to particular embodied individuals and surpasses them as individuated entities. The paper is structured in three parts. Part I describes the experiential givenness of conflicts that support our sense of self-transformation. While the first (...) part develops an inter-subjective topography of emotional movements, the second part pays attention to their temporal dimension. We work with conflicts and get transformed by them also in the way we remember them. Part II focuses on the process of self-understanding that accompanies conflicts and their metamorphosis in memory. Part III compares and discusses different models of a ‘relational ontology’ of the person, which question the idea that we are defined only by how we define ourselves—just as they question the idea that one’s identity is independent of how one relates to one’s having changed. (shrink)
We present the inconsistency-adaptive deontic logic DP r , a nonmonotonic logic for dealing with conflicts between normative statements. On the one hand, this logic does not lead to explosion in view of normative conflicts such as O A ∧ O ∼A, O A ∧ P ∼A or even O A ∧ ∼O A. On the other hand, DP r still verifies all intuitively reliable inferences valid in Standard Deontic Logic (SDL). DP r interprets a given premise set (...) ‘as normally as possible’ with respect to SDL. Whereas some SDL-rules are verified unconditionally by DP r , others are verified conditionally. The latter are applicable unless they rely on formulas that turn out to behave inconsistently in view of the premises. This dynamic process is mirrored by the proof theory of DP r. (shrink)
Academic-industry collaborations and the conflicts of interest (COI) arising out of them are not new. However, as industry funding for research in the life and health sciences has increased and scandals involving financial COI are brought to the public’s attention, demands for disclosure have grown. In a March 2008 American Council on Science and Health report by Ronald Bailey, he argues that the focus on COI—especially financial COI—is obsessive and likely to be more detrimental to scientific progress and public (...) health than COI themselves. In response, we argue that downplaying the potential negative impact of COI arising out of academic-industry relationships is no less harmful than overreacting to it. (shrink)
Board composition, insider participation on compensation committees, and director compensation practices can potentially cause conflicts of interest between directors and shareholders. If these corporate governance structures result in situations where actions beneficial to directors do not also benefit shareholders, then shareholders may suffer.Corporate ethics programs usually address conflicts of interest that may arise in the firm''s activities. Some boards of directors take active roles in their firms'' ethics programs by actively overseeing the programs. This paper empirically examines the (...) relationship between ethics programs and potential conflicts of interest and the relationship between board involvement in a firm''s ethics program and potential conflicts of interest. (shrink)
Dependence in nanotechnology on external funding and academic-industry relationships has led to questions concerning its influence on research directions, as well as the potential for conflicts of interest to arise and impact scientific integrity and public trust. This study uses a survey of 193 nanotechnology industry and academic researchers to explore whether they share similar concerns. Although these concerns are not unique to nanotechnology, its emerging nature and the prominence of industry funding lend credence to understanding its researchers’ views, (...) as these researchers are shaping the norms and direction of the field. The results of the survey show general agreement that funding sources are influencing research directions in nanotechnology; many respondents saw this influence in their own work as well as other researchers’ work. Respondents also agreed that funding considerations were likely to influence whether researchers shared their results. Irrespective of their institutional affiliation or funding status, twice as many researchers as not considered financial conflicts of interest a cause for concern, and three times as many respondents as not disagreed financial conflicts of interest in nanotechnology were uncommon. Only a third was satisfied with the way that conflicts of interest are currently managed and believed current procedures would protect the integrity of nanotechnology research. The results also found differences in views depending on researchers’ institutional affiliation and funding status. (shrink)
Risk governance of GM plants and GMfood products is presently subject to heatedscientific and public controversies. Scientistsand representatives of the biotechnologyindustry have dominated debates concerningsafety issues. The public is suspicious withregard to the motives of scientists, companies,and political institutions involved. Thedilemmas posed are nested, embracing valuequestions, scientific uncertainty, andcontextual issues. The obvious lack of data andinsufficient information concerning ecologicaleffects call for application of thePrecautionary Principle (PP). There are,however, divergent opinions among scientistsabout the relevance of putative hazards,definition of potential ``adverse effects,'' (...) andwhether actions should be taken to preventharm. The reliance on the concept ofsubstantial equivalence in safety evaluation ofGM food is equally controversial. Consequently,value assumptions embedded in a scientificframework may be a barrier for employment ofthe PP. One of our major conclusions is thatprecautionary GMP usage requires riskassessment criteria yet undeveloped, as well asbroader and more long-term conceptions of risk,uncertainty, and ignorance. Conflicts ofinterest and public participation are otherissues that need to be taken intoconsideration. GMP governance regimes that arejustifiable from a precautionary and ethicalpoint of view must transcend traditionalscientific boundaries to include alternativescientific perspectives as well as publicinvolvement. (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.
Imperatives occur ubiquitously in natural languages. They produce forces which change the addressee’s cognitive state and regulate her actions accordingly. In real life we often receive conflicting orders, typically, issued by various authorities with different ranks. A new update semantics is proposed in this paper to formalize this idea. The general properties of this semantics, as well as its background ideas are discussed extensively. In addition, we compare our framework with other approaches of deontic logics in the context of normative (...)conflicts. (shrink)
On the Importance of the Institution and Social Self in a Sociology of Conflicts of Interest Content Type Journal Article Category Case Studies Pages 1-2 DOI 10.1007/s11673-012-9355-1 Authors Christopher Mayes, Rock Ethics Institute, The Pennsylvania State University, 201 Willard Building, University Park, PA 16802-1601, USA Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529.
In this paper we argue that surgeons face a particular kind of within-role conflict of interests, related to innovation. Within-role conflicts occur when the conflicting interests are both legitimate goals of professional activity. Innovation is an integral part of surgical practice but can create within-role conflicts of interest when innovation compromises patient care in various ways, such as by extending indications for innovative procedures or by failures of informed consent. The standard remedies for conflicts of interest are (...) transparency and recusal, which are unlikely to address this conflict, in part because of unconscious bias. Alternative systemic measures may be more effective, but these require changes in the culture of surgery and accurate identification of surgical innovation. (shrink)
Two groups of agents, G₁ and G₂, face a moral conflict if G₁ has a moral obligation and G₂ has a moral obligation, such that these obligations cannot both be fulfilled. We study moral conflicts using a multi-agent deontic logic devised to represent reasoning about sentences like 'In the interest of group F of agents, group G of agents ought to see to it that ø'. We provide a formal language and a consequentialist semantics. An illustration of our semantics (...) with an analysis of the Prisoner's Dilemma follows. Next, necessary and sufficient conditions are given for (1) the possibility that a single group of agents faces a moral conflict, for (2) the possibility that two groups of agents face a moral conflict within a single moral code, and for (3) the possibility that two groups of agents face a moral conflict. (shrink)
Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.
The current proxy voting system in the United States has become the subject of considerable controversy. Because institutional investment managers have the authority to vote their clients’ proxies, they have a fiduciary obligation to those clients. Frequently, in an attempt to fulfill that obligation, these institutional investors employ proxy advisory services to manage the thousands of votes they must cast. However, many proxy advisory services have conflicts of interest that inhibit their utility to those seeking to discharge their fiduciary (...) duties. In this article, we describe the current proxy advisory network as an example of how current notions of conflicts of interest fall short when explaining the behavior of an interconnected set of market players whose remit is to act in the best interests of their investors. We discuss what participants in this system should do to bring transparency and accuracy to the proxy advice industry. (shrink)
This paper examines one aspect of professional practice for bioethicists: managing conflicts of interest. Drawing from our qualitative study and descriptive analysis of the experiences of conflicts of interest and/or conflicting interests (COI) of 13 Canadian clinical bioethicists (Frolic and Chidwick 2010), this paper examines how bioethicists define their roles, the nature of COIs in their roles, how their COIs relate to conventional definitions of conflicts of interest, and how COIs can be most effectively managed.
Drawing on calls by researchers to examine corporate scandals involving potential conflicts of interest or compromise to professional independence involving the actuarial profession, this article outlines one such case. The consulting actuaries – to a large Australian listed company, James Hardie Industries Limited – found themselves advising two parties in a corporate restructuring where the interests of each were sometimes competing and the interests of the public appeared to be ignored. The James Hardie case is instructive in a number (...) of ways: first, it demonstrates the subtlety with which conflicts of interest or pressures on professional independence can arise; second, it demonstrates how important professional issues can be obfuscated by more obvious and pressing financial and strategic issues; and finally it demonstrates that adherence to professional codes of conduct and the ease with which professional ethics can be compromised when those codes are vague and transgressions are rarely actionable. The James Hardie case highlights structural issues in the employment of consulting actuaries which presents risks to the profession. It demonstrates that the combination of an aggressive corporate management with a strategic agenda reliant on consulting actuaries that have a vested interest in promoting and maintaining valuable relationships, both financially and professionally, results in ethical challenges. (shrink)
This paper studies the influence of agency conflicts on the irreversibility effect. Using a dynamic variant of the static Baron and Myerson (Econometrica 50(4):911–930, 1982) adverse selection model, we characterize under which circumstances the irreversibility effect arises in the presence and absence of an agency conflict. In particular, we find that in the presence of an agency conflict the irreversibility effect arises in more circumstances than in the standard first-best analysis that abstracts from agency problems.
This study examines the cultural roots of ethical conflicts in the global business environment. It begins with a brief look at worldviews on ethical behavior in general. Based on this, it is argued that an in-depth understanding of ethical conflicts has been hampered by an overreliance on Western models and viewpoints. Three common sources, or bases, of ethical conflicts are discussed as they relate to business practices, including conflicts over tastes and preferences, the relative importance of (...) moral imperatives compared to legal requirements, and people’s level of tolerance for different values among others. It is then argued that an understanding of ethical conflicts can be facilitated through different levels of understanding, including the meaning of universal values, the relationship between values and practices, and the existence of multiple levels of conflict within the same organizations or industries. These specific and interrelated ingredients in cross-cultural ethical conflicts form the basis for a broader discussion of the meaning of truth as it relates to such conflicts. The paper concludes with the need for more research that is cross-cultural and multidisciplinary in order to improve theory building and managerial practice. (shrink)
This paper proceeds from an analysis (Callaway 1992, pp. 239-240) of a role of conflict in the origin of value commitments, a pervasive sociological pattern in the development of unifying group values which transforms personal conflicts, or differences, into large-scale collective conflicts. I have urged that these forces are capable of distorting even the cognitive processes of science and that they are a chief reason why value claims are regarded as incapable of objective evaluation. The thesis of the (...) present paper is that romantic collectivism (uncritical attachment to an identification group) renders members passive with respect to the ideals or content embodied in collective identity and that this is often exploited to convert groups into instruments of personal power. The issue is examined by reference to Reinhold Niebuhr's 1932 thesis of the inevitability of group egoism and inter-group conflicts and an opposing pragmatist conception of moral development, self-identity, and the individual's relationship to reference communities. (shrink)
Pharmaceutical companies are major sponsors of biomedical research. Most scholars and policymakers focus their attention on government and academic oversight activities, however. In this article, I consider the role of pharmaceutical companies’ internal ethics statements in guiding decisions about corporate research and development (R&D). I review materials from drug company websites and contributions from the business and medical ethics literature that address ethical responsibilities of businesses in general and pharmaceutical companies in particular. I discuss positive and negative uses of pharmaceutical (...) companies’ ethics materials and describe shortcomings in the companies’ existing ethics programs. To guide employees and reassure outsiders, companies must add rigor, independence, and transparency to their R&D ethics programs. (shrink)
Practical conflicts include conflicts in agents who judge, from the perspective of their own values, desires, beliefs, and the like, that one prospective course of action is superior to another but are tempted by what they judge to be the inferior course of action. A man who wants a late-night snack, even though he judges it best, from the identified perspective, to abide by his recent New Year's resolution against eating such snacks until he has lost ten pounds, (...) is the locus of a practical conflict. So is a woman who judges it best (in the same way) to run a mile this morning but is tempted to spend the entire morning working in her office instead. The topic of this essay is practical outcomes of conflicts of this kind. My concern, more specifically, is with outcomes of two general kinds: akratic (from the classical Greek term akrasia: want of self-control) and enkratic (from enkrateia: self-control) actions. (shrink)
This paper looks at conflicts of interest in the not-for-profit sector. It examines the nature of conflicts of interest and why they are of ethical concern, and then focuses on the way not-for-profit organisations are especially prone to and vulnerable to conflict-of-interest scandals. Conflicts of interest corrode trust; and stakeholder trust (particularly from donors) is the lifeblood of most charities. We focus on some specific challenges faced by charitable organisations providing funding for scientific (usually medical) research, and (...) examine a case study involving such an organisation. One of the principal problems for charities of this kind is that they often distribute their funds within a relatively small research community (defined by the boundaries of a small region, like an American state or Spanish Autonomous region, or a small country), and it often proves difficult to find high-level researchers within the jurisdiction to adjudicate impartially the research grants. We suggest and recommend options appropriate for our case study and for many other organisations in similar situations. (shrink)
The Importance of the University in the 21st Century: Ethical Conflicts and Moral Choices Content Type Journal Article Pages 1-8 DOI 10.1007/s10805-012-9152-9 Authors Samuel M. Natale, Kellogg College, University of Oxford, England, UK Sebastian A. Sora, Adelphi University, Garden City, NY, USA Matthew Drumheller, Grand Canyon University, Phoenix, AZ, USA Journal Journal of Academic Ethics Online ISSN 1572-8544 Print ISSN 1570-1727.
The last years have seen a surge of scandals in financial intermediation. This article argues that the agency structure inherent to most forms of financial intermediation gives rise to conflicts of interest. Though this does not excuse scandalous behavior it points out market imperfections. There are four types of conflicts of interest: personal-individual, personal-organizational, impersonal-individual, and finally, impersonal-organizational conflicts. Analyzing recent scandals we find that all four types of conflicts of interest prevail in financial intermediation.
Practical conflicts pervade human life. Agents have many different desires, goals, and commitments, all of which can come into conflict with each other. How can practical reasoning help to resolve these practical conflicts? In this collection of new essays a distinguished roster of philosophers analyze the diverse forms of practical conflict. Their aim is to establish an understanding of the sources of these conflicts, to investigate the challenge they pose to an adequate conception of practical reasoning, and (...) to assess the degree to which that challenge can be met. These essays will serve as a major resource for students of philosophy but will also interest students and professionals in related fields of the social sciences such as psychology, political science, sociology and economics. (shrink)
Conflicts of interest are rampant in the American medical community. Today it is not uncommon for doctors to refer patients to clinics or labs in which they have a financial interest (40% of physicians in Florida invest in medical centers); for hospitals to offer incentives to physicians who refer patients (a practice that can lead to unnecessary hospitalization); or for drug companies to provide lucrative give-aways to entice doctors to use their "brand name" drugs (which are much more expensive (...) than generic drugs). In Medicine, Money and Morals, Marc A. Rodwin draws on his own experience as a health lawyer--and his research in health ethics, law, and policy--to reveal how financial conflicts of interest can and do negatively affect the quality of patient care. He shows that the problem has become worse over the last century and provides many actual examples of how doctors' decisions are influenced by financial considerations. We learn how two California physicians, for example, resumed referrals to Pasadena General Hospital only after the hospital started paying $70 per patient (their referrals grew from 14 in one month to 82 in the next). As Rodwin writes, incentives such as this can inhibit a doctor from taking action when a hospital fails to provide proper service, and may also lead to the unnecessary hospitalization of patients. We also learn of a Wyeth-Ayerst Labs promotion in which physicians who started patients on INDERAL (a drug for high blood pressure, angina, and migraines) received 1000 mileage points on American Airlines for each patient (studies show that promotions such as this have a direct effect on a doctor's choice of drug). Rodwin reveals why the medical community has failed to regulate conflicts of interest: peer review has little authority, state licensing boards are usually ignorant of abuses, and the AMA code of ethics has historically been recommended rather than required. He examines what can be learned from the way society has coped with the conflicts of interest of other professionals --lawyers, government officials, and businessmen--all of which are held to higher standards of accountability than doctors. And he recommends that efforts be made to prohibit and regulate certain kinds of activity (such as kickbacks and self-referrals), to monitor and regulate conduct, and to provide penalties for improper conduct. Our failure to face physicians' conflicts of interest has distorted the way medicine is practiced, compromised the loyalty of doctors to patients, and harmed society, the integrity of the medical profession, and patients. For those concerned with the quality of health care or medical ethics, Medicine, Money and Morals is a provocative look into the current health care crisis and a powerful prescription for change. (shrink)
"Guanxi" involves interpersonal obligations, which may conflict with other obligations people have that are based on general or abstract moral considerations. In the West, the latter have been widely accepted as the general source of obligations, which is perhaps tied to social changes associated with the rise of capitalism. Recently, Western ethicists have started to reconsider the extent to which personal relationships may form a distinct basis for obligation. In administration and management, salient bases for decision-Making include deontological, consequentialist and (...) personalist ethics. The first may be reflected in a bureaucratic approach, the second in a price system, and the third in arrangements like "guanxi". Each has positive and negative aspects, but problems arise when they lead to conflicting obligations, as may occur for an office holder who has some obligations based in deontological considerations and others based in personal relationships. This is a type of conflict of interest. Such conflicts have been considered in the West, and remedies proposed. Problems arise especially in cases where it is not clear how to prioritise different obligations, and this has been noted as a difficulty in the Chinese legal system. Questions that need to be answered include not only questions about how to deal with conflicting obligations, but also questions about what institutions to accept as giving rise to obligations. Institutions themselves may be problematic not only because of their consequences for economic productivity, but because they are internally incoherent, and this may be manifested in frequent conflicts faced by office holders. (shrink)
Neuroscience research has improved our understanding of the long term consequences of sports-related concussion, but ethical issues related to the prevention and management of concussion are an underdeveloped area of inquiry. This article exposes several examples of conflicts of interest that have arisen and been tolerated in the management of concussion in sport (particularly professional football codes) regarding the use of computerized neuropsychological (NP) tests for diagnosing concussion. Part 1 outlines how the recommendations of a series of global protocols (...) for dealing with sports-related concussions (the 1st, 2nd and 3rd Consensus Statements on Concussion in Sport) have endorsed the use of NP testing. The development of these protocols has involved experts who have links with companies that sell computerised NP tests for concussion management. Part 2 describes how some professional football leagues—in particular the National Football League (NFL), the Australian Football League (AFL) and the National Rugby League (NRL)—have mandated specific NP testing products. They have done so on the basis of these international guidelines and by engaging experts who have conflicts of interest with NP testing companies. These decisions have also been taken despite evidence that casts doubt on the reliability and validity of NP tests when used in these ways. (shrink)
The heart of the matter -- The evolution of the French medicine -- Coping with physicians' conflicts of interest in France -- The rise of a protected medical market : the United States before 1950 -- The commercial transformation : the United States, 1950-1980 -- The logic of medical markets : the United States, 1980 to the present -- Coping with physicians' conflicts of interest in the United States -- The evolution of Japanese medicine -- Coping with physicians' (...)conflicts of interest in Japan -- Reforms -- Professionalism reconsidered. (shrink)
Resolving conflicts between different measurements ofa property of a physical system may be a key step in a discoveryprocess. With the emergence of large-scale databases and knowledgebases with property measurements, computer support for the task ofconflict resolution has become highly desirable. We will describe amethod for model-based conflict resolution and the accompanyingcomputer tool KIMA, which have been applied in a case-study inmaterials science. In order to be a useful aid to scientists, the toolneeds to be integrated with other tools (...) in a computer-supporteddiscovery environment. We will give an outline of such acomputer-supported discovery environment and argue that its use mightlead to new ways of doing science, so-called computer regimes. (shrink)
A comprehensive decision support system called GMCA (Graph Model for Conflict Analysis) implementing the multi-player graph model for analyzing conflicts is developed. GMCA contains algorithms for the rapid computation of a wide range of solution concepts, thereby enabling decision makers to take account of the diversity of human behavior. Using an engineering case study, the key features of GMCA are illustrated.
Managing Conflicts of Interest Should Begin with Dialogue and Education, Not Punitive Measures Content Type Journal Article Category Case Studies Pages 1-2 DOI 10.1007/s11673-012-9358-y Authors Ghislaine Mathieu, Programmes de bioéthique, Département de médicine sociale et préventive, Université de Montréal, C.P. 6128, succ. Centre-Ville, Montréal, QC H3C 3J7, Canada Bryn Williams-Jones, Programmes de bioéthique, Département de médicine sociale et préventive, Université de Montréal, C.P. 6128, succ. Centre-Ville, Montréal, QC H3C 3J7, Canada Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print (...) ISSN 1176-7529. (shrink)
This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g., disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of (...) interest. The contributors are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posedby conflicts of interest will be highlighted for readers in an effort to demonstrate the manyways that structuring incentives can affect decision making and organizations' financial well-being. (shrink)
Professional sports with high rates of concussion have become increasingly concerned about the long-term effects of multiple head injuries. In this context, return-to-play decisions about concussion generate considerable ethical tensions for sports physicians. Team doctors clearly have an obligation to the welfare of their patient (the injured athlete) but they also have an obligation to their employer (the team), whose primary interest is typically success through winning. At times, a team’s interest in winning may not accord with the welfare of (...) an injured player, particularly when it comes to decisions about returning to play after injury. Australia’s two most popular professional football codes—rugby league and Australian Rules football—have adopted guidelines that prohibit concussed players from continuing to play on the same day. I suggest that conflicts of interest between doctors, patients, and teams may present a substantial obstacle to the proper adherence of concussion guidelines. Concussion management guidelines implemented by a sport’s governing body do not necessarily remove or resolve conflicts of interest in the doctor–patient–team triad. The instigation of a concussion exclusion rule appears to add a fourth party to this triad (the National Rugby League or the Australian Football League). In some instances, when conflicts of interest among stakeholders are ignored or insufficiently managed, they may facilitate attempts at circumventing concussion management guidelines to the detriment of player welfare. (shrink)
The present article considers conflicts and conflict regulation in hospices. The authors carried out a qualitative study in three hospices in North Rhine-Westphalia, Germany, to explore how conflicts arise and how conflict regulation proceeds. Hospice nurses should act according to a set of ethical codes, to mission statements of the institution and to professional standards of care. In practice the subjective interpretations of codes and/or models concerning questions of care are causes of conflicts among nurses, with doctors, (...) patients and family members. The management has two choices to react to these conflicts. It can either tolerate the conflicts, as long as they do not disturb the daily routine. Or it can increase the degree of organisation by integrating the different viewpoints into its own program and/or by restructuring its organisational units. (shrink)
Este artigo propõe analisar as relações entre o pentecostalismo e o protestantismo “histórico” nos últimos 100 anos. Desde o ano 2010 comemora-se o centenário da chegada do pentecostalismo no Brasil por meio das pregações do ítalo-americano Luis Francescon e dos suecos Daniel Berg e Gunner Vingren. Até os anos 1950, a Congregação Cristã no Brasil e a Assembléia de Deus, resultantes do trabalho dos três, eram os dois maiores exemplos de igrejas pentecostais consolidadas no Brasil. Uma nova explosão pentecostal ocorrida (...) nos anos 1950 voltou a desestabilizar as relações entre protestantes e pentecostais. As igrejas surgidas desde então faziam da cura divina, dos milagres e prodígios o centro de suas atividades. Mas, no decorrer do século passado houve um crescente acirramento da competição, conflitos, sincretismo e acomodação. Isso se tornou mais forte após os anos 1970, quando um pentecostalismo com maior capacidade competitiva passou a levar vantagem. Esses neopentecostais cresceram em números, porém, ao ampliar os seus respectivos universos simbólicos, incorporaram símbolos, crenças e se tornaram portadores de teologias e discursos, híbridos e sincréticos. Que futuro tais acertos e desacertos poderão trazer para o campo religioso do País? Palavras chaves : Pentecostalismo brasileiro; Protestantismo Histórico; Acomodação Cultural; Conflito Religioso.This article proposes an analysis between Pentecostalism and “historical” Protestantism in the last century. Since 2010 there have been celebrations of the 100 th anniversary of the establishment of Pentecostalism in Brazil, featuring renowned preachers such as the Italian-American Luis Francescon and Swedish Daniel Berg and Gunnar Vingren. Until the 1950s, the Christian Congregation in Brazil and Assembly of God, which resulted from the work of these three preachers, were the two major Pentecostal churches in Brazil. A new Pentecostal outbreak in the 1950s shook up the relations between Protestants and Pentecostal once again. Until then, Pentecostal churches centered their activities on divine healing and miracles. But in the last century, there was a process of intensification of the competition, conflicts, syncretism and complacency within the religious scenario, which accelerated after the 1970s, when a more competitive Pentecostalism started to advance. These neo-Pentecostals grew in numbers, and while expanding their symbolic universes, they incorporated symbols and beliefs, becoming the bearers of a hybrid and syncretic theology and rhetoric. What future can these successes and failures bring to Brazil’s religious field? Key words : Brazilian Pentecostalism; Historical Protestantism; Cultural Complacency; Religious Conflict. (shrink)
In order to investigate conflicts between semantics and syntax, we recorded ERPs, while participants read Dutch sentences. Sentences containing conflicts between syntax and semantics (Fred eats in a sandwich…/ Fred eats a restaurant…) elicited an N400. These results show that conflicts between syntax and semantics not necessarily lead to P600 effects and are in line with the processing competition account. According to this parallel account the syntactic and semantic processing streams are fully interactive and information from one (...) level can influence the processing at another level. The relative strength of the cues of the processing streams determines which level is affected most strongly by the conflict. The processing competition account maintains the distinction between the N400 as index for semantic processing and the P600 as index for structural processing. (shrink)
In spite of recent efforts to promote cooperation between universities and industry, Germany still lacks a sufficient legal framework for regulating potential conflicts of interest resulting from university-industry cooperation. Prospective regulation of conflicts of interest has to take into account specific constraints imposed by the German constitution. It has to follow stringent procedural and material requirements and carefully weigh the individual researcher’s right to academic freedom against the public demand for objectivity in research. Because of this cautious consideration (...) of the conflicting interests constitutionally mandated in Germany, a potential regulation legitimate in this country may serve as a model for other countries facing the need of the adoption of such a regulation. (shrink)
The national park model originating in the unique circumstances of mid-19th century North America has been widely applied in the developing countries of the late 20th century, provoking numerous land-use conflicts between parks and resident peoples. Key factors in understanding these conflicts are examined using the field experience of the Ranomafana National Park in Madagascar. A conflict management strategy is suggested for alleviating such antagonism and facilitating the investigation of mutually acceptable conservation and development pathways.
Our society has long sanctioned, at least tacitly, a degree of conflict of interest in medical practice and clinical research as an unavoidable consequence of the different interests of the physician or clinical investigator, the patient or clinical research subject, third party payers or research sponsors, the government, and society as a whole, to name a few. In the past, resolution of these conflicts has been left to the conscience of the individual physician or clinical investigator and to professional (...) organizations. The public is no longer willing to allow health care providers to wholly govern their own conflicts of interest for several reasons. These include: new forms of health care financing and delivery that provide innovative and lucrative opportunities for physician or insurer enrichment at patient expense; the increased importance of commercial research support as peer-reviewed governmental research support has decreased; evidence that physicians and clinical investigators too frequently resolve conflicts of interest in their own favor; and a general societal mistrust of authority. This volume represents a multidisciplinary effort, drawing from philosophy, medicine, law, economics and public policy to identify and categorize conflicts of interest in medical practice and clinical research, and, where possible, to offer a mechanism for resolving them. Part I addresses conflicts of interest from a theoretical perspective, offering basic concepts and analytical frameworks. The second part discusses two topics prominent in current health care policy debates--self-referral and financial incentives to limit care. Part III examines conflicts of interest generated by pharmaceutical industry involvement in clinical practice and research. The final section deals with conflicts of interest in clinical research in several contexts, including institutional reviews boards, clinical trials, Cooperative Research and Development Agreements between government and private researchers, brokerage of research subjects by Contract Research Organizations, and cost-effectiveness studies. (shrink)
: Animal ethics has presented convincing arguments for the individual value of animals. Animals are not only valuable instrumentally or indirectly, but in themselves. Less has been written about interest conflicts between humans and other animals, and the use of animals in practice. The motive of this paper is to analyze different approaches to interest conflicts. It concentrates on six models, which are the rights model, the interest model, the mental complexity model, the special relations model, the multi-criteria (...) model, and the contextual model. Of these, the contextual model is the strongest, and carries clear consequences for the practical use of animals. (shrink)
This paper is an attempt to come to a better understanding of desire through an examination of certain kinds of conflict of desire. Standard accounts of conflict of desire involve a two-part analysis. First, desires are held to conflict just in case the satisfaction of one precludes the satisfaction of the other; second, a desire is said to be satisfied just in case the propositional content of the desire is true. I argue that this account of conflict rests in an (...) inadequate notion of desire satisfaction, and suggest a revision of our understanding of desire satisfaction to yield a better account of conflict of desire. This account of satisfaction requires that we recognize as a fundamental feature of desire, alongside the desire’s strength and content, the desire’s role. For some conflicts of desire are best understood as conflicts of role, not conflicts of content. (shrink)
On the face of it, normative conflicts are commonplace. Yet standard deontic logic declares them to be logically impossible. That prompts the question, What are the proper principles of normative reasoning if such conflicts are possible? This paper examines several alternatives that have been proposed for a logic of 'ought' that can accommodate normative conflicts, and finds all of them unsatisfactory as measured against three criteria of adequacy. It then introduces a new logic that does meet all (...) three criteria, and so allows for the possibility of genuine normative conflicts. (shrink)
I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are (...)conflicts between the manifestations of (certain) causal dispositions (causal powers, capacities, etc.). This account combines the so-called “moral forces” interpretation of prima facie obligations with a dispositional moral metaphysic according to which the metaphysical grounds of moral obligations are not rules or laws, but rather real, irreducibly dispositional properties (or powers) of moral agents and patients. My principal aims are to offer a theoretically attractive and suitably metaphysical account of conflicts of obligation, and to show that the dispositional moral metaphysic that grounds the Dispositional Account can explain and accommodate plausible normative views that rule- and law-based alternatives cannot, as well as to answer objections that have been pressed against other accounts of moral conflict (especially Ross’s) that appeal to moral dispositions or forces. (shrink)
The fact that welfare rights – rights to food, shelter and medical care – will conflict with one another is often taken to be good reason to exclude welfare rights from the catalogue of genuine rights. Rather than respond to this objection by pointing out that all rights conflict, welfare rights proponents need to take the conflicts objection seriously. The existence of potentially conflicting and more weighty normative considerations counts against a claim’s status as a genuine right. To think (...) otherwise would be to threaten the peremptory force – and hence the analytical integrity – of rights. The conflicts objection is made more pressing once we have conceded that welfare rights give people entitlements to what are potentially scarce goods. I argue that welfare rights can survive the conflicts objection if, and only if, we take scarcity into account in the framing of a given welfare right. (shrink)
Merck suppressed data on harmful effects of its drug Vioxx, and Guidant suppressed data on electrical flaws in one of its heart-defibrillator models. Both cases reveal how financial conflicts of interest can skew biomedical research. Such conflicts also occur in electric-utility-related research. Attempting to show that increased atomic energy can help address climate change, some industry advocates claim nuclear power is an inexpensive way to generate low-carbon electricity. Surveying 30 recent nuclear analyses, this paper shows that industry-funded studies (...) appear to fall into conflicts of interest and to illegitimately trim cost data in several main ways. They exclude costs of full-liability insurance, underestimate interest rates and construction times by using overnight costs, and overestimate load factors and reactor lifetimes. If these trimmed costs are included, nuclear-generated electricity can be shown roughly 6 times more expensive than most studies claim. After answering four objections, the paper concludes that, although there may be reasons to use reactors to address climate change, economics does not appear to be one of them. (shrink)