Much attention has been given in recent years to the moral status of commercial spam. Less attention has been focused on newer, non-commercial varieties of spam, such as spam from political parties, community sector organizations and governments. This article makes a start on evaluating the moral status of these non-commercial varieties of spam, drawing on arguments used to evaluate commercial spam.

In this paper, the ethical, legal, and social implications of Thailand’s surrogacy regulations from both domestic and global perspectives are explored. Surrogacy tourism in Thailand has expanded since India strengthened its visa regulations in 2012. In 2015, in the wake of a major scandal surrounding the abandonment of a surrogate child by its foreign intended parents, a law prohibiting the practice of surrogacy for commercial purposes was enacted. Consequently, a complete ban on surrogacy tourism was imposed. However, some Thai (...) physicians and surrogate mothers cross into neighboring countries to provide foreign clients with the commercial surrogacy services that are forbidden in Thailand. Under this legislation, the needs of Thai couples who are unable to conceive are accommodated by legally accessible, non-commercial surrogacy services; however, there is currently no provision in place aimed at protecting the rights and interests of surrogate mothers and children. It is widely believed that the abolition of surrogacy tourism, an industry that give rise to several major scandals, and legal access to surrogacy by Thai couples were the Thai government’s primary goal in implementing this legislation. (shrink)

Over recent years, considerable attention has been paid to the National Health Service research governance and ethics approvals process in the UK. New regulations mean that approval from the Medicines and Healthcare Products Regulatory Agency is now also needed for conducting all clinical trials. Practical experience of gaining MHRA and sponsorship approval has yet to be described and critically explored in the literature. Our experience, from start to finish, of applying for these four approvals for a multicentre randomised controlled trial (...) of two licensed drugs for opiate detoxification in the prison setting is described here. In addition, the implications of the approvals process for research projects, particularly clinical trials, in terms of time and funding, and also indirect implications for NHS patients are discussed. Inconsistencies are discussed and suggestions that could improve and streamline the overall process are made. The current approvals process could now be hindering non-commercial clinical trials, leading to a loss of important evidence-based medical information. (shrink)

This article was originally published in the Encyclopedia of Language & Linguistics, Second Edition, published by Elsevier, and the attached copy is provided by Elsevier for the author's benefit and for the benefit of the author's institution, for noncommercial research and educational use including without limitation use in instruction at your institution, sending it to specific colleagues who you know, and providing a copy to your institution’s administrator.

In this paper we develop a typology of ‘non-commercial’ approaches to farming, based on a survey of a representative sample of farmers in Scotland, United Kingdom. In total, 395 farmers indicated that they do not seek to make a profit on their farms. We estimate that these non-commercial approaches to farming are utilised on at least 13% of agricultural land in Scotland. As such, non-commercial farming is not a marginal practice, nor are NCF limited to small-scale ‘hobby’ (...) farms: NCF exist across the scale of agricultural holding sizes and are operated by a wide range of socio-demographic cohorts. We identify 6 types of NCF: agricultural residences, specialist smallholdings, horsiculture holdings, mixed smallholdings, amenity mixed farms, and large farms or estates. These types were differentiated primarily by the scale of farm size, presence of diversification activities and types of animal present. The analysis demonstrates a number of emergent patterns of land management: de facto land abandonment, transition towards ‘horsiculture’, and management differences between retiring and new entrant NCF. We argue that the types identified reflect a number of intersecting issues in contemporary agrarian transitions, particularly the aging farmer population; generational renewal; and gendered implications of agricultural restructuring. (shrink)

There is a growing consensus that the offer of a reasonable compensation for oocyte donation for reproductive treatment is acceptable if it does not compromise voluntary and altruistically motivated donation. However, how to translate this ‘reasonable compensation’ in practice remains unclear as compensation rates offered to oocyte donors between different European Union countries vary significantly. Clinics involved in oocyte donation, as well as those in other medical contexts, might be encouraged in calculating a more consistent and transparent compensation for donors (...) if the elements that constitute a reasonable compensation are explicated. In doing so, lessons can be learnt from living organ donation and medical research participation. Practices in which the elements of a reasonable compensation for the individuals involved have already been more defined in the literature. By means of analogical reasoning, we will outline the different components of a reasonable compensation and subsequently apply these to the context of oocyte donation. We will argue that oocyte donors should first of all be reasonably reimbursed direct expenses related to the donation, without standard remuneration of lost wages. Second, donating oocytes requests a serious time investment, therefore donors are entitled to suitable compensation for their time spent and efforts made. Finally, we will explain that a reasonable compensation consisting of these two components allows for altruism to remain the key value of oocyte donation for reproductive treatment. However, if we acknowledge that donors’ motives are more complex and often include reasons from self-interest, the reasonable compensation may be complemented with modest (non)monetary benefits. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review (...) five kinds of arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

Spam electronic mails (emails) refer to harmful and unwanted commercial emails sent to corporate bodies or individuals to cause harm. Even though such mails are often used for advertising services and products, they sometimes contain links to malware or phishing hosting websites through which private information can be stolen. This study shows how the adaptive intelligent learning approach, based on the visual anti-spam model for multi-natural language, can be used to detect abnormal situations effectively. The application of (...) this approach is for spam filtering. With adaptive intelligent learning, high performance is achieved alongside a low false detection rate. There are three main phases through which the approach functions intelligently to ascertain if an email is legitimate based on the knowledge that has been gathered previously during the course of training. The proposed approach includes two models to identify the phishing emails. The first model has proposed to identify the type of the language. New trainable model based on Naive Bayes classifier has also been proposed. The proposed model is trained on three types of languages (Arabic, English and Chinese) and the trained model has used to identify the language type and use the label for the next model. The second model has been built by using two classes (phishing and normal email for each language) as a training data. The second trained model (Naive Bayes classifier) has been applied to identify the phishing emails as a final decision for the proposed approach. The proposed strategy is implemented using the Java environments and JADE agent platform. The testing of the performance of the AIA learning model involved the use of a dataset that is made up of 2,000 emails, and the results proved the efficiency of the model in accurately detecting and filtering a wide range of spam emails. The results of our study suggest that the Naive Bayes classifier performed ideally when tested on a database that has the biggest estimate (having a general accuracy of 98.4%, false positive rate of 0.08%, and false negative rate of 2.90%). This indicates that our Naive Bayes classifier algorithm will work viably on the off chance, connected to a real-world database, which is more common but not the largest. (shrink)

The growing commercialization of scientific research has raised important concerns about industry bias. According to some evidence, so-called industry bias can affect the integrity of the science as well as the direction of the research agenda. I argue that conceptualizing industry’s influence in scientific research in terms of bias is unhelpful. Insofar as industry sponsorship negatively affects the integrity of the research, it does so through biasing mechanisms that can affect any research independently of the source of funding. Talk about (...) industry bias thus offers no insight into the particular epistemic shortcomings at stake. If the concern is with the negative effects that industry funding can have on the research agenda, conceptualizing this influence as bias obscures the ways in which such impact is problematic and limits our ability to offer solutions that can successfully address the concerns raised by the growing role of private funding in science. (shrink)

In this article, I critique the commonly accepted distinction between commercial and altruistic surrogacy arrangements. The moral legitimacy of surrogacy, I claim, does not hinge on whether it is paid (‘commercial’) or unpaid (‘altruistic’); rather, it is best determined by appraisal of virtue-abiding conditions constitutive of the surrogacy arrangement. I begin my article by problematising the prevailing commercial/altruistic distinction; next, I demonstrate that an assessment of the virtue-abiding or non-virtue-abiding features of a surrogacy is crucial to navigating (...) questions about the moral legitimacy of surrogacy; in the final part, I reject other moral heuristics that might be proposed as alternatives to the commercial/altruistic dichotomy, and reiterate that a virtue-ethical framework is the most suitable way forward. (shrink)

The trustworthiness of nutrition science has been questioned recently. According to the critics, the food industry has corrupted scientists in the field. I argue that the worries that commercialization threatens the epistemic trustworthiness of nutrition science are indeed well-founded. However, it is problematic that the discussion has revolved around how funding can threaten the integrity of researchers and the methodological quality of the studies. By extending Wilholt’s :233–253, 2013) account of epistemic trustworthiness, I argue that when assessing the epistemic trustworthiness (...) of research that forms the basis for different health policy measures, it is necessary to evaluate research at the macro-level and whether agenda setting advances the goals that are assigned to the field. The prevalence of commercial funding becomes problematic if it leads to a situation where the body of available evidence that is used for making health policy decisions does not reflect the shared sense of what epistemic and non-epistemic goals of the inquiry are important. (shrink)

In this article we argue that commercial boycotting is not an uncontested economic right. Rather, the practice of boycotting often requires further moral justification. We argue that this justification should not rely solely on the consequences of boycotting, nor should it rely solely on the complicity of the consumer. We suggest that both justifications are subject to pressing objections. In light of these objections, we outline an alternative non‐consequentialist justification of commercial boycotting that is grounded in the moral (...) values of conscience and personal integrity. We then explore the scope of this justification in the legal realm. We focus on cases where consumers lack freedom of exchange due to their contractual obligations and conclude by defending a qualified legal right to breach contracts on conscientious grounds. (shrink)

Liberalist thinking argues that moral agents have a right to pursue an ordinary life. It also insists that moral agent can be bystanders. A bystander is involved with morally bad states of affairs in the sense that they are bound by moral duty, but for a non-blameworthy reason. A common view on the morality of commercial life argues that commercial agents cannot and ought not to assume the status of bystander, when confronted with child labor, pollution, or other (...) overwhelmingly big morally bad states of affairs. According to the common view, the agent will get overdemanded. In this paper, the overdemandingness charge is interpreted as a criticism of the liberalist position. According to this charge, bystander status must be given up in the market because otherwise the right to pursue a personal life is crushed. In this paper, we demonstrate that the overdemandingness charge fails. It does not make sense if bystander status is grounded in the duty of beneficence. It would make sense if the status were grounded in the duty of rescue but that duty does not apply in relation to oMBS. The condition of ‘subjective urgency’ is not fulfilled. Hence, liberalist thinking can withstand the charge of overdemandingness and commercial agents cannot assume a right never to acknowledge bystander status. (shrink)

After reviewing some of the difficulties caused by spam and summarizing the arguments of its defenders, this paper will focus on its present legal status. It will then dwell on spam from a moral point of view and address some of the ethical implications associated with transmitting this unsolicited commercial e-mail. It will attempt to sort out the conflicting rights involved and develop a viable case that even if we prescind from its social costs, spam is (...) ethically questionable under certain conditions. Moreover, given the current volume of spam and its negative impact on the Internet environment, the transmission of spam can also be characterized as an asocial act primarily because of the significant externalities which it generates. As a result, spam cannot be justified from the perspective of duty-based moral philosophies that emphasize the need to conform to the legitimate norms of the community. (shrink)

This article introduces a series of measures of the geographical manifestation of a subset of unsolicited commercial email, i.e. spam, used to perpetrate 'advanced fee fraud'. Known as '419 spam', this activity has strong historic ties to Nigeria, where similar frauds were operated via physical letters and faxes during the 1970s and 1980s. This article's analysis reveals that 419 spam operates via a globally dispersed network that nevertheless contains a clear agglomeration of activity in West Africa. (...) Building upon theories of the intersection of cyberspace, states, and individuals, this article argues that 419 spam exemplifies the challenge offered by the Internet to the dominance of states by allowing individuals and movements to create social space that transcends borders. This process is an intriguing and ironic parallel to the description of the rise of the European nation-state as an 'imagined community' that challenged medieval systems of authority and existing social epistemologies. The emerging 'networks of imagination' developed by transnational social movements and criminal networks to define their sphere of operations present a similar challenge to the primacy of existing authority embedded in the state, particularly for states in crisis such as Nigeria. The article concludes with an examination of the off-line and online implications of 419 spam and its network of imagination for the Nigerian state and its inhabitants. Ranging from strengthening public conceptions of West Africa as a sea of corruption to a decreased ability to interact with the outside world, 419 spammers are playing an important, if illicit, role in the construction and use of Nigeria's and the world's Internet. (shrink)

Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to find (...) Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

Nowadays, science is treated an instrument of policy, serving the material interests of government and commerce. Traditionally, however, it also has important non-instrumental social functions, such as the creation of critical scenarios and world pictures, the stimulation of rational attitudes, and the production of enlightened practitioners and independent experts. The transition from academic to ‘post-academic’ science threatens the performance of these functions, which are inconsistent with strictly instrumental modes of knowledge production. In particular, expert objectivity is negated by entanglement with (...) political and commercial interests. We cannot go back to the old academic model for science, but need to consider how to maintain its vital non-instrumental roles. (shrink)

Critics of commercial societies complain that the free-market system of property rights and freedom of contract tends to commodify relationships and erode the bonds of personal and civic friendship. I argue that this thesis rests on a misunderstanding of both markets and friendship. As voluntary, reciprocal relationships, market relationships and friendship share important properties. So-called market norms, such as instrumentality and fungibility, come in varying degrees and characterize not only market, but also non-market, relationships, including friendship. Further, although market (...) relationships are primarily instrumental, the individuals involved are not. Both the virtues of markets and their vices have their counterparts in friendship. Like all relations and activities that exercise important human capacities and play an important role in a meaningful life, market relations and activities are essentially structured and supported by ethical norms and, in turn, support these norms. For these and other reasons, market societies are not only not inimical to friendship, they create a more secure matrix for civic and personal friendship, as well as for other important values like art, science, or philosophy, than any other developed form of society. (shrink)

This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of public (...) health by carving up freedom of commercial speech into two parts: protected speech which furthers public interest and unprotected speech which is purely commercial. Moreover, the Indian courts have construed these provisions in light of the right to life under Article 21 and the health-related Directive Principles of State Policy under Part IV of the Constitution. This article concludes that judicial creativity in India has consistently been used in favor of protecting public health. (shrink)

A two non-linear dynamic models, first one in two state variables and one control and the second one with three state variables and one control, are presented for the purpose of finding the optimal combination of exploitation, capital investment and price variation in the commercial fishing industry. This optimal combination is determined in terms of management policies. Exploitation, capital and price variation are controlled through the utilization rate of available capital. A novel feature in this model is that the (...) variation of the capital depends on the income. (shrink)

Most people who endorse physician-assisted suicide are against commercially assisted suicide – a suicide assisted by professional non-medical providers against payment. The article questions if this position – endorsement of physician-assisted suicide on the one hand and rejection of commercially assisted suicide on the other hand – is a coherent ethical position. To this end the article first discusses some obvious advantages of commercially assisted suicide and then scrutinizes six types of argument about whether they can justify the rejection of (...) commercially assisted suicide while simultaneously endorsing physician-assisted suicide. The conclusion is that they cannot provide this justification and that the mentioned position is not coherent. People who endorse physician-assisted suicide have to endorse commercially assisted suicide as well, or they have to revise their endorsement of physician-assisted suicide. (shrink)

Whereas Pasteur patented the biotechnological processes that he invented between 1857 and 1873 in the agro-food domain, he did not file any patents on the artificial vaccine preparation processes that he subsequently developed. This absence of patents can probably be explained by the 1844 patent law in France that established the non-patentable status of pharmaceutical preparations and remedies, including those for use in veterinary medicine. Despite the absence of patents, the commercial exploitation of the anthrax vaccine in the 1880s (...) and 1890s led to a technical and commercial monopoly by Pasteur’s laboratory as well as the founding of a commercial company to diffuse the vaccine abroad. Pasteur repeatedly refused to transfer his know-how and anthrax vaccine production methods to foreign laboratories, on the grounds that he wished to control the quality of the vaccines produced. Indeed, it was relatively difficult to transfer a method that was not yet perfectly stabilized in the early 1880s. Pasteur also wanted to maintain the monopoly of his commercial company and to increase the profits from vaccine sales so that the Institut Pasteur could be financially independent. The ‘Pasteur anthrax vaccine’ operating licences are described and analysed in detail in this article. (shrink)

This study examined 153 foodstuff commercials on a popular British television channel. Eighty ‘Daytime’ and 73 ‘Evening’ commercials were separately coded for 11 content categories; constituting attributes pertaining to central advertised figures. Although both sexes were portrayed stereotypically for eight daytime and nine evening content analytic categories, daytime advertisements tended to reveal advertisers' awareness of a female audience which tended to be reflected in greater proportions of non-stereotyped female depictions rather than a salience of female stereotypes. Results are discussed with (...) respect to implicated gender ideologies and their accuracy against the wider sex-role climate in society. (shrink)

Recent research suggests that collectivism breeds corruption in bank lending. This finding, together with the stickiness of culture, poses a direct challenge to economic growth in collectivist societies. In this paper, we address this grim outlook by examining the types of firms that are susceptible to the detrimental effect of collectivism on lending integrity and the formal institutions that can help alleviate such effect. We find that the adverse effect of collectivism on bank corruption is more severe in small and (...) medium-sized firms, privately owned firms, and non-exporting firms, while it is considerably weaker in countries with more effective private monitoring, a higher fraction of foreign-owned banks, a more competitive banking sector, better information sharing, and stronger legal and political institutions. Our findings are robust to using alternative measures of collectivism and alternative dependent variables. These results highlight how firm-level characteristics and formal institutions interact with collectivism in affecting firms’ access to bank credit. (shrink)

This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing concerns, and in particular freedom of (...) class='Hi'>commercial expression and public health protection. It concludes that none of these factors is absolute, as the Court considers the strength of each one of them on the facts of each case. Nevertheless, it is clear from its case law that States have a wide margin of appreciation to regulate marketing practices that are inimical to public health and the prevention of non-communicable diseases more specifically, to the extent that even extensive advertising restrictions can be compatible with Article 10 of the ECHR. (shrink)

It is a feature of scientific inquiry that it proceeds alongside a multitude of non-scientific interests. This statement is as true of the scientific inquiries of previous centuries, many of which brought scientists into conflict with institutionalised religious thinking, as it is true of the scientific inquiries of today, which are conducted increasingly within commercial and political contexts. However, while the fact of the coexistence of scientific and non-scientific interests has changed little over time, what has changed with time (...) is the effect of this coexistence on scientific inquiry itself. While scientists may no longer construct their theories with various religious dictates in mind, growing commercial and political interests in science have served to distort the interpretation of science. Using the U.K.’s recent crisis with bovine spongiform encephalopathy (BSE) as my context, I examine two ways in which this distortion has occurred – the interpretation of the science of BSE by politicians and by commercial parties for the purposes of justifying policy decisions and informing the public of risk, respectively. Fallacious reasoning, I contend, is the manifestation of this distortion in these contexts. In demonstration of this claim, I examine how politicians and commercial parties alike have employed two fallacies in their assessments of the science of BSE. These fallacies extend in novel ways the set of so-called traditional informal fallacies. The interpretation of science, I conclude, is a rich context in which to conduct a study of fallacious reasoning; moreover, such a study can contribute in significant ways, I argue, to the public understanding of science. (shrink)

Within the last 20 years, the US has mounted amassive campaign against invasions bynon-indigenous species (NIS) such as zebramussels, kudzu, water hyacinths, and brown treesnakes. NIS have disrupted native ecosystemsand caused hundreds of billions of dollars ofannual damage. Many in the scientificcommunity say the problem of NIS is primarilypolitical and economic: getting governments toregulate powerful vested interests thatintroduce species through such vehicles asships' ballast water. This paper argues that,although politics and economics play a role,the problem is primarily one of scientificmethod. (...) Even if commercial interests werewilling to spend the necessary funds to controlNIS, and even if government were willing toregulate them, ecological theory is notadequate to provide clear direction for eithereffort. The paper argues there is nocomprehensive, predictive theory ofinvasibility, as part of a larger theory ofcommunity structure, that might guideecological decision making regarding NIS, andfor at least three reasons. (1) There is nofirm definition of NIS, native, exotic,and so on, and ecologists do not use the termsconsistently; as a result, biologists debatingvarious accounts of community structure andecological explanation often do not even makelogical contact with each other. (2) Thedominant theory used to understandinvasibility, island biogeography, has noprecise predictive power and is unable toclarify when NIS might promote biodiversity andwhen they might hinder it. (3) There are nofirm, empirical generalizations that revealwhen a colonizer or a NIS might be likely totake over a new environment, and when it mightnot succeed in doing so. As a result,scientists have only rough rules of thumb toshore up their arguments against NIS. Given theincompleteness of current ecological theory,the paper closes with several suggestions forways that study of NIS might enhanceunderstanding of basic commmunity structuresand vice versa. (shrink)

BackgroundDuring a commercial surrogacy arrangement, the event of embryo transfer can be seen as the formal starting point of the arrangement. However, it is common for surrogates to undergo a failed attempt at pregnancy conception or missed conception after an embryo transfer. This paper attempts to argue that such failed attempts can be understood as a loss. It aims to reconstruct the experiences of loss and grief of the surrogates and the intended parents as a consequence of their collective (...) failure to conceive a surrogate pregnancy.MethodsDrawing on a qualitative study conducted over a period of eight months between 2014 and 2015 at two fertility clinics in Delhi and two in Kolkata, India, this paper examines the experiences of the surrogates and the intended parents when faced with missed conceptions or failed conceptions during a surrogacy arrangement.ResultsWe argue that while the surrogate grieves the non-arrival of a ‘good news’ as an uncertain loss, the intended parents experience yet another, failure in addition to the losses they might have incurred during their previous fertility treatments. The body of the surrogate becomes a site of ‘a lost opportunity’. The surrogate embodies a loss in her quest to achieve social mobility and the intended parents experience a disembodied pregnancy loss. This very emotional experience stands in stark contrast to the conceptualisation of such failed attempts as non-events within the discourse of the surrogacy industry. The experience of loss of the intended parents is recognised but their grief is given no space. We argue that such ambiguity around the nature of losses resulting out of a missed or failed conception during surrogacy is an outcome of lack of interpersonal relationship between the surrogate and the intended parents.ConclusionsSince commercial surrogacy is a relational process, the only way in which the experiences of losses and failures of the actors at the preconception stage can be better addressed is through developing close sharing and understanding between each other through an ethics of care. Therefore, to nurture caring relationships, surrogacy needs to be understood as a moral commitment by –the surrogates and intended parents. To enable such a commitment, there is a need to reconsider the pre-defined and legally regulated professional duty of the doctors, agents and agencies. It cannot be a one-sided commitment, but has to have elements of mutuality. (shrink)

This article critically questions the commercialization of hospice care and the ethical concerns associated with the industry's movement toward “market-driven medicine” at the end of life. For example, the article examines issues raised by an influx of for-profit hospice providers whose business model appears at its core to have an ethical conflict of interest between shareholders doing well and terminal patients dying well. Yet, empirical data analyzing the experience of patients across the hospice industry are limited, and general claims that (...) end-of-life patient care is inferior among for-profit providers or even that their business practices are somehow unseemly when compared to nonprofit providers cannot be substantiated. In fact, non-profit providers are not immune to potentially conflicting concerns regarding financial viability (i.e., “no margin, no mission”). Given the limitations of existing empirical data and contrasting ideological commitments of for-profit versus non-profit providers, the questions raised by this article highlight important areas for reflection and further study. Policymakers and regulators are cautioned to keep ethical concerns in the fore as an increasingly commercialized hospice industry continues to emerge as a dominant component of the U.S. health care system. Both practitioners and researchers are encouraged to expand their efforts to better understand how business practices and commercial interests may compromise the death process of the patient and patient's family — a process premised upon a philosophy and ethical tradition that earlier generations of hospice providers and proponents established as a trusted, end-of-life alternative. (shrink)

This paper argues that economic agents, including corporations, have the duty to further justice, not just a duty merely to comply with laws and do their share. The duty to further justice is the requirement to assist in the establishment of just arrangements when they do not exist in society. The paper is grounded in liberal theory and draws heavily on one liberal theorist, Kant. We show that the duty to further justice must be interpreted as a duty of virtue (...) that is owed. This means that the duty is not enforceable but that violating this duty is still wrong and not merely non-virtuous. Our analysis has consequences for the morality of commercial life. It is often suggested that the morality of the market is a special, restricted morality that is leaner than the morality that agents must acknowledge outside the market. If our analysis is correct, the duty to further justice cannot be exempted from market morality, even if it is agreed that this must be leaner than the morality outside commercial life. Our analysis also has direct consequences for John Ruggie’s view on the responsibilities of businesses. Ruggie has never explicitly acknowledged a duty on the part of business enterprises to further justice. If our analysis is correct, his view is contradictory in that it presupposes the normative validity of free market enterprise yet shrinks from taking into account the conditions of its possibility. (shrink)

This is a paper about trust, with a specific focus on the ways in which trust is investigated in the business literature and the commercial sector. The lens through which the topic is approached is distinctively philosophical. We use philosophical tools to demonstrate the paucity of some of the accounts of trust that are given in the business and management literature, as well as the empirically informed literature that has flowed from them. We close with a discussion of some (...) work on trust drawn from the commercial sector that would, as we shall demonstrate, benefit from a clearer understanding of the nature of trust. We take this to be important. Trust is a key moral and ethical component of transactional relationships. Without a clear understanding of the notion, we will be missing a central concept in our attempts to understand the commercial world that we inhabit. The paper proceeds in four parts. In the first part of the paper we introduce some reasonably standard philosophical distinctions between different kinds of trust, as well as saying a little more about our methods. In the second, we demonstrate that a reasonably widely held account of trust in the business and management literature fails to capture the nuance reflected by the philosophical literature. On the basis of this, in the third section, we suggest that various pieces of empirical work require reassessment. In the final part of the paper we explore some non-academic discussions of trust drawn from the commercial sector arguing that, there too, we require a more precise understanding of trust. In short, though, our overarching argument is simply this: if we can give a more precise analysis of trust, it follows that both our empirical research and current commercial activity can be improved. (shrink)

Objectives—The development of predictive genetic tests provides a new area where consumers can gain knowledge of their health status and commercial opportunities. “Over-the-counter” or mail order genetic tests are most likely to provide information on carrier status or the risk of developing a multifactorial disease. The paper considers the social and ethical implications of individuals purchasing genetic tests and whether genetic information is different from other types of health information which individuals can obtain for themselves.Design—The discussion is illustrated by (...) findings from a questionnaire survey of university students as potential consumers. Topics covered included what health tests they had already used, expectations of genetic tests, willingness to pay, who should have access to the results and whether there need to be restrictions on such tests.Sample—Six hundred and fifteen first-year students in the universities of Leuven, Cardiff, Central Lancashire, Vienna and Nijmegen studying either medicine or a non-science subject.Results—Students were enthusiastic about genetic tests and had high expectations of their accuracy and usefulness but most thought they should be available through the health service and a minority thought that some tests, for example for sex selection, should not be available at all. There were few differences in responses by sex or subject of study but some by country. The paper also considers ethical and social issues outside the scope of a questionnaire survey of this type.Conclusion—To address some of these issues the sale of genetic tests to individuals can be made subject to ethical guidelines or codes of practice, for example to protect vulnerable groups, but there are fundamental social and ethical questions which such guidelines cannot address. (shrink)

Objectives—The development of predictive genetic tests provides a new area where consumers can gain knowledge of their health status and commercial opportunities. “Over-the-counter” or mail order genetic tests are most likely to provide information on carrier status or the risk of developing a multifactorial disease. The paper considers the social and ethical implications of individuals purchasing genetic tests and whether genetic information is different from other types of health information which individuals can obtain for themselves.Design—The discussion is illustrated by (...) findings from a questionnaire survey of university students as potential consumers. Topics covered included what health tests they had already used, expectations of genetic tests, willingness to pay, who should have access to the results and whether there need to be restrictions on such tests.Sample—Six hundred and fifteen first-year students in the universities of Leuven, Cardiff, Central Lancashire, Vienna and Nijmegen studying either medicine or a non-science subject.Results—Students were enthusiastic about genetic tests and had high expectations of their accuracy and usefulness but most thought they should be available through the health service and a minority thought that some tests, for example for sex selection, should not be available at all. There were few differences in responses by sex or subject of study but some by country. The paper also considers ethical and social issues outside the scope of a questionnaire survey of this type.Conclusion—To address some of these issues the sale of genetic tests to individuals can be made subject to ethical guidelines or codes of practice, for example to protect vulnerable groups, but there are fundamental social and ethical questions which such guidelines cannot address. (shrink)

On October 5th, 2017, the New York Times published an article that would establish the #MeToo movement and help millions of women across the globe to raise their voice and share their stories of sexual harassment, aggression and/or violence. If Harvey Weinstein was the main accused, he was, actually, the epitome of a systemic, as well as an endemic, issue that didn’t stop at the studios’ doors and was made possible thanks to a rather surprising and quite unexpected accomplice. In (...) fact, “Hollywood’s open secret” has been well-guarded by, among other things, the contract and its law. In the eyes of a contract law specialist, whether it be a man or a woman, the major highlight of Jodi Kantor and Megan Twohey’s article rests in their ability to have brought to light contracts—the, now, infamous and highly criticised “NDAs” (non-disclosure agreements)—that ensured Weinstein the freedom to buy his victims’ silence. The first goal of this essay is trying to understand, on the one hand, how could that be possible and, on the other hand, explain to a larger audience how a tool usually used for economic and commercial purposes could have been diverted from its traditional use. It also aims to present measures that have been adopted in the United States to fight these agreements, and imagine what could they be in a country such as France. Although these types of “NDAs” don’t seem to find their equivalent in the French public sphere, it is still helpful to ponder over remedies offered by the new French law of contract shall these contracts ever come to exist… or arise. (shrink)

Bowman-Smart and colleagues (2023) argue that techniques to screen and analyze the fetal genome are rapidly evolving, and are sometimes already offered commercially. These new developments will all...

BackgroundBiobanks and biomedical research data repositories collect their samples and associated data from volunteer participants. Their aims are to facilitate biomedical research and improve health, and they are framed in terms of contributing to the public good. Biobank resources may be accessible to researchers with commercial motivations, for example, researchers in pharmaceutical companies who may utilise the data to develop new clinical therapeutics and pharmaceutical drugs. Studies exploring citizen perceptions of public/private interactions associated with large health data repositories/biobanks indicate (...) that there are sensitivities around public/private and/or non-profit/profit relationships and international sample and data sharing. Less work has explored how biobanks communicate their public/private partnerships to the public or to their potential research participants. MethodsWe explored how a biobank’s aims, benefits and risks, and private/public relationships have been framed in public facing recruitment documents.ResultsBiobank documents often communicate their commercial access arrangements but not the detail about what these interactions would entail, and how risks and benefits would be distributed to the public.ConclusionWe argue that this leads to a polarised discourse between public and private entities and/or activities, and fails to attend to the blurred lines between them. This results in a lack of attention to more important issues such as how risks and benefits in general are distributed to the public. We call for a nuanced approach that can contribute to the much-needed dialogue in this space. (shrink)

This article seeks to explore the European debate on commercial nobility at the beginning of the Seven Years War in the light of the intense reform debates over French absolutism in the 1730s and 1740s and Montesquieu's rigid refutation of noble trade in The Spirit of the Laws. In early 1756, Montesquieu's position against noble trade had come under severe attack by Gabriel François Coyer's Noblesse Commerçante. Claiming that the royal absolutist system had transformed the nobles into an idle (...) class without any political, economic, or military function that stood in sharp contrast to the dynamism of modern commercial society, Coyer perceived noble enterprises in maritime, wholesale, and even retail trade as a necessary means to help France compete with commercially more advanced states such as England and Holland. Coyer's pamphlet roused heated controversies in Paris and beyond and soon engaged the leading minds of the time in debates over the actual and desired role of the hereditary aristocracy in monarchies. Coyer's strongest opponents, like the Chevalier d’Arc, vehemently defended Montesquieu's contention that the upkeep of the non-commercial status of the nobility was a political necessity. Yet they, too, conceded that the nobility had to undergo severe reforms not to hamper France's military standing and future economic success. The article finally turns to Johann Heinrich Gottlob von Justi, the most interesting commentator on the debate in Germany, who, by October 1756, had translated Coyer's and d’Arc's texts into German and written an own treatise on the same issue. Justi's pamphlet reveals that his political theory was deeply shaped by the debate and thus disproves the long-held assumption in the literature that German cameralism, with Justi as its main representative, was an allegedly isolated current of thought that neither received significant external influences, nor exerted any considerable impact beyond the boundaries of the Germanic world. (shrink)

Business models for biomedical research prescribe decentralization due to market selection pressures. I argue that decentralized biomedical research does not match four normative philosophical models of the role of values in science. Non-epistemic values affect the internal stages of for-profit biomedical science. Publication planning, effected by Contract Research Organizations, inhibits mechanisms for transformative criticism. The structure of contracted research precludes attribution of responsibility for foreseeable harm resulting from methodological choices. The effectiveness of business strategies leads to overrepresentation of profit values (...) versus the values of the general public. These disconnects in respect to the proper role of values in science results from structural issues ultimately linked to the distinct goals of business versus applied science, and so it seems likely that disconnects will also be found in other dimensions of attempts to combine business and science. The volume and integration in the publishing community of decentralized biomedical research imply that the entire community of biomedical research science cannot match the normative criteria of community-focused models of values in science. Several proposals for changing research funding structure might successfully relieve market pressures that drive decentralization. (shrink)

In today’s neoliberal audit cultures university rankings, quantitative evaluation of publications by JIF or researchers by h-index are believed to be indispensable instruments for “quality assurance” in the sciences. Yet there is increasing resistance against “impactitis” and “evaluitis”. Usually overseen: Trivial errors in Thomson Reuters’ citation indexes produce severe non-trivial effects: Their victims are authors, institutions, journals with names beyond the ASCII-code and scholars of humanities and social sciences. Analysing the “Joshua Lederberg Papers” I want to illuminate eventually successful ‘invention’ (...) of science citation indexing is a product of contingent factors. To overcome severe resistance Eugene Garfield, the “father” of citation indexing, had to foster overoptimistic attitudes and to downplay the severe problems connected to global and multidisciplinary citation indexing. The difficulties to handle different formats of references and footnotes, non-Anglo-American names, and of publications in non-English languages were known to the pioneers of citation indexing. Nowadays the huge for-profit North-American media corporation Thomson Reuters is the owner of the citation databases founded by Garfield. Thomson Reuters’ influence on funding decisions, individual careers, departments, universities, disciplines and countries is immense and ambivalent. Huge technological systems show a heavy inertness. This insight of technology studies is applicable to the large citation indexes by Thomson Reuters, too. (shrink)

To measure non-cognitive facets of competence, we developed and tested a new method that we refer to as Embedded Experience Sampling (EES). Domain-specific problem-solving competence is a multi-faceted construct that is not limited to cognitive facets such as domain knowledge or problem-solving strategies but also comprises non-cognitive facets in the sense of domain-specific emotional and motivational dispositions such as interest and self-concept. However, in empirical studies non-cognitive facets are usually either neglected or measured by generalized self-report questionnaires that are detached (...) from the performance assessment. To enable an integrated measurement, we developed the EES method to collect data on non-cognitive facets during scenario-based low-stakes assessments. Test-takers are requested to stop at certain times and spontaneously answer short items (EES items) regarding their actual experience of the problem situation. These EES items are embedded in an EES event that resembles typical social interactions with non-player characters. To evaluate the feasibility and validity of the method, we implemented EES in a series of three studies in the context of commercial vocational education and training (VET): A feasibility study with 77 trainees, a pilot study with 20 trainees, and the main study with 780 trainees who worked on three complex problem scenarios in a computer-based office simulation. In the present paper, we investigate how test-takers perceived the EES events, and whether social desirability biased their answers, and investigate the internal structure of the data and the relationship between EES data and data from several other sources. Interview data and survey data indicated no biases due to social desirability and no additional burden for the test-takers due to the EES events. A correlation analysis following the multitrait-multimethod approach as well as the calibration of a multidimensional model based on Item Response Theory (IRT) also supported the construct validity. Furthermore, EES data shows substantial correlations with test motivation but almost zero correlations with data from generalized retrospective self-report questionnaires on non-cognitive facets. Altogether, EES offers an alternative approach to measuring non-cognitive facets of competence under certain conditions. For instance, EES is also based on self-reporting and thus might not be suitable for high-stakes testing. (shrink)

The Ottoman State contains many different ethnic elements which constituted a legal perspective. In this regard, the necessary precautions were taken to ensure that Muslims and non-Muslims live together peacefully in Vidin, a border city that was very important for the Western military expeditions of the Ottoman State known as “dār al-jihad wa-l-mujāhidīn” during the 18th century which set a historical example. The economic and social dimensions of the relations between the Muslim and non-Muslim population comprising the society in Vidin (...) who have shared the same city, neighborhood and public space during 1700-1750 were examined in this study and the conflicting subjects with regard to the ongoing relations between these two communities were tried to be determined. A total of 15 shari‘aregistries kept by the qāḍī (Muslim Judge) court for the related period located at the Oriental Department of National Library of Bulgaria constitute the main resources of the study. The shari‘aregistries that are the main resources of urban historical studies are full of countless examples that provide information on the relations between Muslims and non- Muslims in Vidin. The examination of these examples is of significant importance for putting forth the methods with which the nation system is applied by the Ottoman Empire as well as their opinions towards the non-Muslims they rule.SummaryVidin, located today in northwest Bulgaria was founded during the 1stcentury BC to the right of the River Danube by the Romans and named as Bononia. This settlement which was named as V’dinby the Muslims throughout the Middle Ages was transformed into a castle about 800 years after its foundation. The city that continuously changed hands due to its location at the border fell under the Ottoman rule after Battle of Nicopolis dated 1396. Vidin became one of the important border cities of the Ottoman against Serbia, Walachia and Hungary until the beginning of the 16thcentury. This importance of Vidin gradually decreased after the Ottoman Empire conquered Belgrade, Budin and Timişoara. Vidin retrieved its status as a border city against the Hungarians and the Wallachians after the Habsburgs dominated the region following the Great Turkish Wars that took place during 1683-1699, and thus regained its past importance. Even though the pressure influenced Vidin as a result disappeared with the 1739 Treaty of Belgrade, the conflicts between Austria and the Ottoman Empire did not end completely and continued throughout the 18thcentury. Vidin preserved its status as a first-degree border city for the Ottomans during the period of time, as examined in this study, which was also known as “dār al-jihad wa-l-mujāhidīn” starting from the beginning of the new century. Majority of the settled public were comprised of military classes in Vidin due to its geographical location where the Muslims and non-Muslims lived together. While the Muslim population was higher during the period of time following the establishment of the Ottoman rule, the non-Muslim population continued to increase throughout the 17thcentury reaching 23.961 taxpayer non-Muslim men in the 18thcentury. The Ottoman Empire based its ruling in Vidin, where almost the same number of Muslim and non-Muslims lived, on the principles of Islamic Law rules for non-Muslims. Since this legal system takes into consideration religious differences, non-Muslims were not held responsible from the prayers of Muslims and the actions that were not prohibited in their religion did not pose any contradictions with regard to Islamic law. The Ottoman Empire did not apply the Islamic Law on its non-Muslim citizens living in Vidin and allowed them to continue their social and religious lives based on their own religious principles in a special legal stance. Thanks to the system applied, the Muslim and non-Muslim community in Vidin were able to continue their daily lives without serious conflicts.The main purpose of this study is to explain how the Muslim and non-Muslim population related with each other in the city of Vidin during the second half of the 18thcentury and the dynamics with which they continued these relationships. Following this purpose, the cases between Muslims and non-Muslims in court records kept by the Vidin sharia court during 1700-1750 are examined. The relations between Muslims and non-Muslims are subject to two different classifications as economic and social issues, and each topic is supported and explained as sub-titles using different case examples. Majority of the relations between Muslims and non-Muslims in the city are economic according to Vidin court records. In this regard, it seems that there is no religious discrimination between the artisan groups in the city. In addition, many home, land, store and vineyard sales took place between the Muslims and non-Muslims which were resolved in the court mostly for registration purposes. It can also be understood from the court records that there were commercial relations between the Muslims and non-Muslims, that they had partnerships and that they lent money to each other which can be seen as an example of interpersonal support. Various social relationships were also established between the Muslim and non-Muslim population in Vidin during the period examined in this study. Even though non-Muslims had the right to carry out marriages and resolve their issues at their own community courts, it was observed that they frequently applied to the sharia courts for these purposes. They have developed witnessing relationships in such cases with the Muslims. The non-Muslim community did not experience any issues in finding Muslim witnesses for their cases with the Muslims; many Muslims acted as witness against their fellow Muslims without any hesitation. Two cases of injuries and few robbery issues were reflected in the courts of Vidin between the Muslims and non-Muslims during the fifty-year period examined in the study and no incident ending with death took place. Various singular cases took place between the two groups which were resolved at the sharia courts without escalating into severe conflicts. When all court records are taken into consideration, it can be understood that the Muslim judge of Vidin did not make any distinctions between the non-Muslims and Muslims and that he did not compromise from the principle of fairness. Both the Muslims and non-Muslims managed to live comfortably by acting carefully so as to not cross their own lines in both their economic and social relations in Vidin. When the faith-related conflicts that are taking place in our day in many regions of the world despite the level of education and culture are taken into consideration, it is very meaningful that people living in Vidin during the first half of the 18thcentury managed to live in peace. (shrink)

Carl G. Hempel has expressed the view that explanation in history is of a kind with explanation in any other branch of empirical science. Historians, according to him, aim at showing that the events they describe are not matters of chance. In the author's opinion there is no necessary connection between these two statements. Historians often aim at showing that the events they describe are matters of chance. But this does not make explanation in history different from explanation in other (...) branches of empirical science. (shrink)

Benedict XVI in Caritas in Veritate advances a positive view of businesses that are hybrids between several traditional categories. He expects that the “logic of gift” that animates civil society infuses the market and the State with relations typical for it—reciprocity, gratuitousness, and solidarity. His theological rationale offers an answer to two questions that have largely remained open in the literature—why hybridization of business occurs and why it is desirable. A rational reconstruction of hybrid enterprise that goes beyond a simple (...) taxonomy of types benefits from the Pope’s call for an intrinsic integration of institutions and processes traditionally attributed to disparate spheres. The relational model of the Trinity defines the unity in diversity that accounts for the benefits of truly hybrid businesses, and the “logic of gift” serves as the agent of integration. (shrink)