The Current Legal Problems lecture series and annual volume was established over fifty five years ago at the Faculty of Laws, University College London and has long been recognised as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 59th volume in the series include a major re-evaluation of (...) the Human Rights Act from Trevor Allan; a survey of recent trends in British crime and control from Robert Reiner; an analysis of the EU's impact on cultural diversity from Bruno de Witte; an examination of tax avoidance from Judith Freedman and a critique of EU constitutionalism from Neil Walker. (shrink)

This volume explores the relationship between law and geography, especially with respect to taken-for-granted distinctions between the social and the material, the human and non-human, and what constitutes persons and things. As a genuinely reflective `Law and Geography' project, this collection offers interdisciplinary inquiry, particularly in response to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. Because of the sheer expansiveness and complexity of both law and geography (...) we use conceptual frames to structure this volume - boundaries, land, property, nature, identity, culture and time, and knowledge. These frames cut across the various subdivisions of law and geography described above and provide a route into the various practical and theoretical deliberations on the interrelationship and interstices of law and geography which follow. The chapters are diverse in style, research methodology, and subject matter. (shrink)

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 61st volume in the series include an analysis of war as (...) crime by Professor Gerry Simpson, an assessment of the problems in building a realistic climate change regime by Professor Daniel Cole, and an exploration of the problems of character evidence by Dr Mike Redmayne. (shrink)

A study of a watershed planning process in the Cache River Watershed in southern Illinois revealed that class divisions, based on property ownership, underlay key conflicts over land use and decision-making relevant to resource use. A class analysis of the region indicates that the planning process served to endorse and solidify the locally-dominant theory that landownership confers the right to govern. This obscured the class differences between large full-time farmers and small-holders whose livelihood depends on non-farm labor. These two groups (...) generally opposed one another regarding wetland drainage. Their common identity as “property owner” consolidated the power wielded locally by large farmers. It also provided an instrument – the planning document – for state and federal government agencies to enhance their power and to bring resources to the region. The planning process simultaneously ameliorated conflicts between government agencies and the large farmers, while enhancing the agencies’ capacity to reclaim wetlands. In this contradictory manner, the plan promoted the environmental aims of many small-holders, and simultaneously disempowered them as actors in the region’s political economy. (shrink)

In chapter one I consider two arguments for the claim that we ought to attribute linguistic knowledge to speakers of a natural language. The a priori argument has it that a theory of understanding reveals what it is that speakers of a language know about their language. The second argument takes the form of an inference to the best explanation, emphasising the idea that speaking and understanding a language is a rational activity carried on by agents with intention and purpose. (...) Linguistic knowledge is attributed to speakers as a way of making such a practice intelligible. ;In chapter two, I examine the several sceptical worries and substantive objections that have been raised to the idea of linguistic knowledge. None of these objections is fatal; rather they direct our attention to the need to specify what kind of knowledge linguistic knowledge is. ;In chapter three I argue that we do best to think of the notion of implicit linguistic knowledge as a "place-holder". ;In chapter four, I turn to a discussion of implicit belief, drawing a distinction between the way in which the content of a belief might be represented in an agent's brain and the kind of access she has to that content. I argue against an account of implicit belief that is motivated by concerns about representation, and for one that focuses on the kind of access an agent has to her implicit beliefs. ;In chapter five I attempt to sketch an account of implicit linguistic knowledge that fulfills its explanatory agenda while avoiding the objections discussed in earlier chapters. A speaker's implicit linguistic knowledge, understood as a set of articulated psychological states, grounds her full-blooded linguistic dispositions. This analysis of implicit linguistic knowledge is not subject to standard objections to that notion. Furthermore, it provides a "non-reductive" explanation of a speaker's language mastery, since it holds a middle ground between strictly biological, or neurophysiological accounts and purely behavioristic accounts of what makes an agent a speaker of a language. ;Finally, I take up the question of whether Dummett can accept my account of implicit linguistic knowledge. (shrink)

Some individuals facing dementia contemplate hastening their own death: weighing the possibility of living longer with dementia against the alternative of dying sooner but avoiding the later stages of cognitive and functional impairment. This weighing resonates with an ethical and legal consensus in the United States that individuals can voluntarily choose to forgo life‐sustaining interventions and also that medical professionals can support these choices even when they will result in an earlier death. For these reasons, whether and how a terminally (...) ill individual can choose to control the timing of their death is a topic that cannot be avoided when considering the dementia trajectory. With a focus on the U.S. context, this landscape review considers the status of provisions that would legally permit people facing dementia to hasten death with appropriate support from medical professionals. This review can be used to plan and guide clinical and legal practitioner discussion and policy development concerning evolving questions not fully covered by existing medical decision‐making provisions. (shrink)

Many firms are striving to improve their environmental positions by presenting their environmental efforts to the public. To do so, they are applying green marketing strategies to help gain competitive advantage and appeal to ecologically conscious consumers. However, not all green marketing claims accurately reflect firms’ environmental conduct, and can be viewed as ‘greenwashing’. Greenwashing may not only affect a company’s profitability, but more importantly, result in ethical harm. Therefore, this research extends past greenwashing studies by examining additional influences on (...) and outcomes of perceived greenwashing. To do so, we conducted two studies, an interview study with consumer product and consulting firms, as well as an experiment examining consumers interacting with a company website. For these studies, we used multiple methods, including interviews, questionnaires, and neurophysiological techniques. We found that perceived greenwashing relates not only to environmental and product perceptions, but also to consumers’ happiness while interacting with the website. We also found that website interactivity relates to perceived greenwashing, environmental and product perceptions, and to the amount of interaction with the website. We conclude by discussing managerial and ethical implications for research and practice. (shrink)

In the past decade, numerous ethical frameworks have been developed to support public health decision‐making in challenging areas. Before the COVID‐19 pandemic began, members of the authorship team were involved in research programmes, in which the development of ethical frameworks was planned, to guide (a) the use of new technologies for emerging infectious disease surveillance; and (b) the allocation of scarce supplies of pandemic influenza vaccine. However, as the pandemic evolved, significant practical challenges emerged that led to our questioning the (...) value of these frameworks. We now believe that a normative instrument, such as a framework, cannot adequately or reliably provide the ethical guidance that needs to be incorporated into public health decision‐making during natural disasters or infectious disease emergencies. Recently it has been suggested that there are potentially more dynamic, flexible, and effective ways to navigate decisions involving complex considerations entailed in policies and practices during a public health emergency. In this paper, we first outline the key functions of a public health ethics framework, before describing why we believe it would not be fit for purpose during a crisis. We end by considering whether proposed alternative methods to promote ethical public health decision‐making goals have the potential to meet these objectives. (shrink)

The value relevance of corporate social responsibility performance disclosures for financial markets participants remains uncertain despite advances in the literature and the recent proliferation of CSR disclosures around the world. Using an experimental approach involving MBA students at universities in the United States and Lebanon, we study the value relevance of CSR disclosures by testing whether they affect participants’ personal portfolio management investment decisions. We also examine whether the degree to which the CSR disclosures affect these decisions is influenced by (...) corporate governance quality. To examine these issues, we examine the effect of environmental performance on investment decisions in Experiment 1, and the effect of labor performance on investment decisions in Experiment 2. Results from both experiments show that investment decisions are affected by CSR performance. Analysis shows that governance strength exerts a marginal effect on the investment decision only when CSR performance is strong. Lebanese participants appear to be more sensitive to weak performance than U.S. participants. Overall, our findings extend the CSR disclosures literature by documenting the value relevance of CSR performance for financial markets participants’ decision making. These findings also extend the governance literature by documenting that consistent with attribution theory, the effects of governance quality are contingent upon the information and decision context, and that efforts to decontextualize governance may be counterproductive. (shrink)

Informed by Critical Race Theory, this quantitative study supports civic educators in understanding the role of classroom climate and racial identity in students’ civic engagement during a statewide middle school civics mandate (n = 4707). Findings reveal that students of color experience higher civic engagement and lower civic attitude scores than white-identifying peers, after controlling for school, classroom, and affluence indicators. Students’ perception of whiteness (or perhaps majority status) appeared to correlate with positive civic knowledge and civic attitude, but relative (...) civic inaction. These findings suggest differences in civic outcomes as early as middle school between white-identifying students and students of color. Such differences offer implications for civic education interventions that address not only effective instruction, but civic inequities, students’ perceived agency, and curricular content. (shrink)

Recent years have featured a leap in academic and public interest in Corporate Social Responsibility (CSR) activities and related corporate reporting. Two main themes in this literature are the exploration of management incentives to engage in and disclose this information, and of the use and value of this information to market participants. We extend the second theme by examining the interest that specific investor classes have in the use of CSR information. We rely on feminist intersectionality, which suggests that gender (...) intersects with other identities to yield different values, experiences, and opportunities that can lead to gender-based preferences for CSR information. Based upon a survey of 750 US-based retail investors, we find that female retail investors have a greater interest in the use of CSR information, relative to male retail investors. Women express greater anticipated future demand for this information than do men. Further, the magnitude of the increase from current use to anticipated future demand is greater for women than men. Age is a significant modifying factor in that the discrepancy between women of any age and older men is greater than that between women and younger men. Finally, women also exhibit greater demand for streamlining of the information flow, consistent with pressures induced by time poverty. It appears that current disclosure practices provide a less than optimal match with the needs of the information consumers that are primarily interested in using this information. This mismatch may result in a systematic disenfranchisement of female investing classes which suggests an ethical need to level the playing field. (shrink)

continent. 1.2 (2011): 70-75. cartography of ghosts . . . And as a way to talk . . . of temporality the topography of imagination, this body whose dirty entry into the articulation of history as rapturous becoming & unbecoming, greeted with violence, i take permission to extend this grace —Akilah Oliver from “An Arriving Guard of Angels Thusly Coming To Greet” Our disappearance is already here. —Jacques Derrida, 117 I wrestled with death as a threshold, an aporia, a bandit, (...) a part of life. —Akilah Oliver Moraine in geological lingo is that which is left behind. Moraine- a euphemism for the de-stabilizing referent of the writer-ly body as a “troubled and troubling landscape marked by cultural and historical signifiers, the body as flesh memory [...] the body as transitory” (Oliver, Author Statement). Moraine— a geological metaphor of the poet as a holder of memory, as an accumulation of rocks and debris carried along the edge, terminal, dropped at the foot of language (in language). “Flesh Memory” according to Akilah Oliver is "that which my body recalls [...] everything has to do with the task of remembrance and its narrative reinvention [...] I was always translating an idea of the world as it presented itself at any given time. To write was a choice about how to be seen, how to enter the world as translator, actor, participant, in the dialogues that apparently made the real 'real'" (Levitsky). Flesh. Memory. The stuff some poems are made from. The stuff that gets abandoned, gleaned, and picked up by more flesh and memory. "My body, my life has always felt like a kaleidoscopic rip in the dominant fabric [...] has always been a dialogue with the impossible and the apparent” (Levitsky). The impossible-body or poet's body anticipates and performs (through language) an irretrievable death. IN APORIA I realized everything I must have been doing must have been Death. It was Christmas or Labor Day—a holiday—and every time you turned on the radio they said something like ‘four million’ or ‘going to die’.” — Andy Warhol I’m trying on egos, [a justification for the planet’s continuance]. Oh hello transgressor, you’ve come to collect utilitarian debts, humbling narrative space. Give me condition and wheatgrass, I his body disintegrating. I his body is ossification. Death my habit radius, yeah yeah. I his body can’t refuse this summons. I can’t get out this fucking room. Tell me something different about torture dear Trickster. Tell me about the lightness my mother told me to pick the one i love the best how it signals everything I ever wish to believe true just holy on my ship. I jump all over this house. this is it [what I thought is thought only, nothing more deceptive than]: I his body keeps thinking someone will come along, touch me. As like human or lima bean. I’m cradling you to my breast, you are looking out. A little wooden lion you & Peter carve on Bluff Street is quieting across your cheekbone. Not at all like the kind of terror found in sleep, on trembling grounds. It is yesterday now. I have not had a chance to dance in this century. Tonight I shall kill someone, a condition to remember Sunday morning. To think of lives as repetitions [rather than singular serial incarnations]. To understand your death is as exacerbating as trying to figure out why as schoolchildren in mid-nineteen-sixties Southern California we performed reflexive motions: cutting out lace snowflakes, reading Dick and Jane search for their missing mittens, imagining snow. Disintegrat ing . The -ing gerund catapults from the non-finite verb into past, present, future. The -ing as a tail pinned to death, a dog spinning to bite and never fully reaching itself, always shy of the end, circumreferential; a double copulative: deathing. Possessively AO calls it “habit radius” (a virtual fetish attribute) or an inescapable death presence that “confronts us with the paradox of an unattainable object [...] through it’s being unattainable” (Agamben, 27). A flirtation or dialogue with an unknowable thing and aporia utilized as investigative instrument to engage (death) while (in Southern California) we “perform reflexive motions,” cut lace snowflakes, imagine snow, and pay rent like “yeah, yeah” what else is new. And this too, fiction. The book I wish to right. The restored fallen, heroic. Did you expect a different grace from the world? Or upon exit? I’m working on “tough.” They think I am already. All ready. Who is the dead person? Is "I'm sorry" real to a dead person? Browning grass. My hands on this table. A contentious century. A place to pay rent. Redemptive moments. Am I now the dead person? Dead person, dead person, will you partake in my persimmon feast? The body inside the body astounds, confesses sins of the funhouse. I too have admired the people of this planet. Their frilly, orderly intellects. The use they’ve made of cardamom, radiation as well. How they’ve pasteurized milk, loaned surnames to stars, captured tribes, diseases, streets, and ideas too. The living-body as archive: is it possible to experience the living-body as archive without a (kind of) death? Sifting the rubble, rummaging through hoarded debris, skin sheds, memory-napping, and re-awoken (in flesh and) on terrain. “An investigative poetics seeks to unravel staid communities of thought and grasp at what might always be just beyond reach; a poetics of inquiry that lies between language as meaning, and language as rapturous entry into the world of posited ideas and idealism”( Levitsky). Something snaps. Lights blow out prior to embarking upon an investigative poetics. It begins with a question (often a sexy aporia) that leads to openings. "Every politics of memory [...] implies an intervention of the state. It's a state that legislates and acts with regard to the nonfinite mass of materials to be stored, materials which must be collected, preserved” (Derrida & Stiegler, 62). It seems poetic investigation already contains the potentiality of an (invisible) archive if the writer is “always writing” especially when not. Here’s my stupid digital romantic inclination: the living-body (of a poet) is a self-sustaining archive of non-finite memories. But not even I really believe that. AO innovated and sculpted an investigative poetic praxis. In a conversation with poet Rachel Levitsky, poetic-voice is viewed not as a precious identifier, but as a means to think through/about form, concluding that form is linked to framing. While poetic-voice may have tendency to precede form, it also erupts as a result of framing techniques. “They are frames that hold the shape of thinking (which is also to say of imagining) [...].”7 This reminds me of my rabbit who symmetrically chewed the corners of his hutch, which makes me wonder if it’s an expression of the shape of some animal anxiety tick I won’t ever have access to. Beyond the form/frame, death is an unoriginal yet unique limit; death is a damn deathless thing. It functions as a source of poetic investigation; that thing always “just beyond reach.” And how is death not a fetish (in this case an obsessive reverence for something non-material)? “Insofar as it [death] is a presence, a fetish [...] it is in fact something concrete and tangible; but insofar as it is the presence of an absence, it is, at the same time, immaterial and intangible, because it alludes continuously beyond itself to something that can never really be possessed [...] The fetish is [...] a sign of an absence, it is not an unrepeatable unique object; on the contrary, it is something infinitely capable of substitution, without any successive incarnations ever succeeding in exhausting the nullity of which it is the symbol” (Agamben, 33). AO utilized absence (the absent body [catapulted by the death of a beloved]) as an apparatus to investigate. In the process of conversing with absence or that which is absent, the absent body is affectionately objectified, incessantly summonsed back to a place of recognition, of objects, a desire for the absent body to remain intact while exiting the structural limits of grammar and syntax by moving into chant forms “to say what cannot be said” (Levitsky). from AN ARRIVING GUARD OF ANGELS THUSLY COMING TO GREET dear oluchi- the light is blinking rapidly on the black boxy machine. your room seems bigger than before and i am still planning to read some of those robert jordan books of yours. yesterday at the used bookstore where i was browsing the mysteries to “stall reality” (they are really not mysteries at all, they just employ death as the plot mistress but are unable to grasp its mystery at all)—well the point is, things were calm down here for a while and the world was little. i want to be big like you. or i want you not vast, not dead, not gone, but human small and here. i am so selfish. that is what i really want. to see you again. to oil your scalp. to hear you walk in the door, say ma i’m home . give me a chance to say welcome home son. or when leaving, don’t forget your hat . what do you wear out there? i wish you could have taken your new shoes with you. i’m so proud of you. i’m sorry for the way you died. i miss you all the time. even before, i missed you. out there, one time, some different men said: “shake for me girl, i wanna be your backdoor man.” who dat you love. 5/18/03 A letter-poem in sixteen lines “dear oluchi-” is safe-housed in epistolary form. Poetic voice is rendered as internal thought meanderings, a not-so-much confession, private/(pillow?) talk in the desire to be heard/witnessed by the referent and reader with an intent to absolve. The diminutive “i” bears a relation to poet Fanny Howe’s “little g God” in that “One of the (many) things I like about little g God is that you can have a vodka tonic while you talk to little g God, sing along to Bowie’s “I’m Afraid Of Americans,” and hum Coltrane’s “A Love Supreme,” though maybe not all at the same time” (Oliver, 2009). Towards the middle of the poem AO is at a used bookstore and remarks on the funny employment of death as a ‘plot mistress’ that ‘they’ (the dubious employed mystery authors) are ‘unable to grasp’, thereby giving death a mouthpiece, a modeling job, something to do to pass the time. from THE VISIBLE UNSEEN When I first saw graffiti, I recognized in it an ugly aesthetic, a dialectics of violence, a distortion of limbs, a hieroglyph. It was only later when I read the names of the dead that I then saw the path of ghosts charted there; its narrative of loss for the visible unseen whose place in history has been fictionalized and rendered unseen under the totalizing glare of history. Inscriptions, traces, specters. Graffiti begs a public face just as ghosts require non-ghosts (humans) to sense them. The “visible unseen” is a game of hide-and-seek between public viewer and graffiti-inscriber, an ephemeral-violent aesthetic on an ephemeral-policed canvas. Graffiti-inscribers already submit to being forgotten, expect to be washed away; perhaps it’s a holy urban mandala created by gangster-type monks without Buddhism. [...] in its refusal to disappear it forces a discourse in the public imagination we are forced to see what we would rather not, to make sense of an encoded language that we cannot read on the level of meaning. it irritates, forces its agency on us, speaks outside and beyond semiotic reach. An epic font-size pervading the public’s imagination, illegible, I could just close my eyes, remain passive, drive past, abandon it beyond reach, push it further away beyond death walls. In Barcelona I watched a clean up crew wash walls with an awesome water hose but I was more intrigued by their bodies; not a distortion of limbs, not hieroglyph but also not entirely legible; the laboring body permanently erasing specters of the city, and of course they knew it was also an invitation for the ghosts to return. Graffiti is death’s little sister, is also an aporia. [...] Graffiti (fr GK -graph(os), something drawn or written, to diagram or chart) attempts to stage the impossible: to erase the essence of its own subjectivity. Graffiti is a cartography of ghosts, a mapping of elegiac rapture (the transporting of a person from one place to another, as in heaven) and rupture (the state of being broken open.) Dwelling is a fiction stasis. [...] The notion of the past as being something done with, a look-back event, inhibits the possibility of reading graffiti as rapture, as rupture. If graffiti posits history as always in the process of becoming undone. [...] Because what is the body, if not also a complex temple, an unstable site through which to negotiate subjects, materiality, economies, gods, and modes of representations? The site where we are all already belated. Graphein meaning “to write.” “Derrida says every archive makes a law, and the law of genre is its own rupture” (Bloch, 39). However, graffiti is an (non/anti)-archive of erasure due to (the politics of) washing out its subjectivity, which only adds onto (or is symptomatic of) its character. The inhibition of “reading graffiti as rapture, as rupture” is partly due to it being a “look-back” event in that it’s process involves scratching through layers to reveal previous specters underneath. Graffiti (as an ancient genre) has always been a thing of ‘becoming undone’, and therefore ‘belated and always in arrival’ (Levitsky). It’s a Dionysian activity done at night with it’s back turned toward us. "The specter [...] is of the visible, but of the invisible visible, it is the visibility of a body which is not present in flesh and blood [...] appearing for vision, to the brightness of day [...] something becomes almost visible which is visible only insofar as it is not visible in flesh and blood. It is a night visibility. As soon as there is a technology of the image, visibility brings night. It incarnates in a night body, it radiates in a night light" (Derrida & Stiegler, 115). (shrink)

Calls for the “translation” of research from bench to bedside are increasingly demanding. What is translation, and why does it matter? We sketch the recent history of outcome-oriented translational research in the United States, with a particular focus on the Roadmap Initiative of the National Institutes of Health (Bethesda, MD). Our main example of contemporary translational research is stem cell research, which has superseded genomics as the translational object of choice. We explore the nature of and obstacles to translational research (...) and assess the ethical and biomedical challenges of embracing a translational ethos. (shrink)

The use of genome-wide association studies in medical research and the increased ability to share data give a new twist to some of the perennial ethical issues associated with genomic research. GWAS create particular challenges because they produce fine, detailed, genotype information at high resolution, and the results of more focused studies can potentially be used to determine genetic variation for a wide range of conditions and traits. The information from a GWA scan is derived from DNA that is a (...) powerful personal identifier, and can provide information not just on the individual, but also on the individual's relatives, related groups, and populations. Furthermore, it creates large amounts of individual-specific digital information that is easy to share across international borders. This paper provides an overview of some of the key ethical issues around GWAS: consent, feedback of results, privacy, and the governance of research. Many of the questions that lie ahead of us in terms of the next generation sequencing methods will have been foreshadowed by GWAS and the debates around ethical and policy issues that these have created. (shrink)

The ArgumentThis paper argues that different epistemic styles exist in science, and that these make up an important unit of analysis for studying science. On occasion these different sets of commitments to ways of doing and knowing about the world may fall along national boundaries. The case presented here examines German and American embryology around 1900 and shows that differences in goals and approaches make up different epistemic styles.In particular, the Germans sought causal mechanical explanations of as many phenomena as (...) possible, guided by strong theories which achieved confirmation when they fit with as much of the available data as possible. The Americans, in contrast, sought definitive facts, as many as possible, which might be quite specific or narrowly based. These facts could lead to empirical generalizations which, in turn, could guide the generation of new knowledge in the form of new facts. Thus, the two epistemic styles emphasized different goals, processes of investigation, and standards of evidence. (shrink)

The concept of vulnerability is deployed in bioethics to, amongst other things, identify and remedy harms to participants in research, yet although nonhuman animals in experimentation seem intuitively to be vulnerable, this concept and its attendant protections are rarely applied to research animals. I want to argue, however, that this concept is applicable to nonhuman animals and that a new taxonomy of vulnerability developed in the context of human bioethics can be applied to research animals. This taxonomy does useful explanatory (...) work, helping to pinpoint the limitations of the 3Rs/welfare approach currently adopted in the context of animal experimentation. On this account, the 3Rs/welfare approach fails to deliver for nonhuman animals in experimentation because it effectively addresses only one element of their vulnerability (inherent) and paradoxically through the institution of Animal Ethics Committees intended to protect experimental animals in fact generates new vulnerabilities that exacerbate their already precarious situation. (shrink)

Using an approach developed in the context of human bioethics, we argue that chimpanzees in research can be regarded as vulnerable subjects. This vulnerability is primarily due to communication barriers and situational factors—confinement and dependency—that make chimpanzees particularly susceptible to risks of harm and exploitation in experimental settings. In human research, individuals who are deemed vulnerable are accorded special protections. Using conceptual and moral resources developed in the context of research with vulnerable humans, we show how chimpanzees warrant additional safeguards (...) against harm and exploitation paralleling those for human subjects. These safeguards should include empowering third parties to act as surrogate decision makers for chimpanzees, ensuring participant “assent,” and avoiding recruitment of animal subjects based merely on convenience. (shrink)

Innovative surgery raises four kinds of ethical challenges: potential harms to patients; compromised informed consent; unfair allocation of healthcare resources; and conflicts of interest. Lack of adequate data on innovations and lack of regulatory oversight contribute to these ethical challenges. In this paper these issues and the extent to which problems may be resolved by better evidence-gathering and more comprehensive regulation are explored. It is suggested that some ethical issues will be more resistant to resolution than others, owing to special (...) features of both surgery and innovation. (shrink)

Current health policy, high‐profile failures and increased media scrutiny have led to a significant focus on patient experience in Britain's National Health Service (NHS). Patient experience data is typically gathered through surveys of satisfaction. The study aimed to support a better understanding of the patient experience and patients' expression of it through consideration of the aspects of the patient experience on NHS wards which are by their nature impossible to capture through patient satisfaction surveys. Existential phenomenology was used to develop (...) an in‐depth exploratory narrative, expressed through the voices of the participants. Data collection involved in‐depth face‐to‐face interviews with 12 purposively sampled participants, with analysis by means of hermeneutics. Though the individuality of each experience was apparent and cannot be overemphasised, common factors emerging from the data included uncertainty and unexpectedness, suffering and finitude, the futility of feedback and bureaucracy and absurdity. Overall, participants demonstrated how their individual personalities and expectations affected their response both to illness or injury and to their hospital admissions, highlighting feelings of vulnerability and voicelessness as a response to hospitalisation. The findings of this study provide useful insight into the patient experience on British hospital wards, and the value of an existential–phenomenological approach is demonstrated. (shrink)

Na perspectiva da Psicologia Histórico-Cultural, o trabalho, exigência para que o homem sobreviva, lhe possibilita desenvolver-se, apropriar-se da cultura humana histórica e coletivamente elaborada, para atender às demandas que suas tarefas lhe impõem. Em um processo coletivo, por meio de sua inserção nas relações produtivas, ao aprender o que lhe é necessário para executar suas atividades, o homem se humaniza, e vai criando o que necessita e pode, para atender suas necessidades, o que permite afirmá-lo enquanto produto e produtor da (...) cultura, da ciência e da tecnologia. E essa é a função básica da escola, preparar o aluno para, na medida em que se humaniza, assumir um lugar, uma posição reconhecida socialmente. Nesse processo, o Trabalho Colaborativo/Ombreado entre os professores da Educação Especial, do ensino comum e da equipe pedagógica escolar, envolvendo confiança e credibilidade entre os pares, é essencial ao desenvolvimento psicointelectual dos estudantes com deficiência/necessidades educativas especiais. Para melhor caracterizar o Trabalho Colaborativo, apresenta-se o resultado de uma pesquisa efetuada na Biblioteca Digital de Teses e Dissertações na qual se buscou identificar suas características, limites e desafios. A essência do Trabalho Colaborativo entre os professores está numa relação de apoio, na qual todos assumem a responsabilidade no processo de aprendizagem dos conteúdos escolares, o que exige espaço e tempo para sua consecução, além de uma fundamentação teórica que articulada a uma prática pedagógica lhe dê consistência. Se executado dessa forma, o Trabalho Colaborativo/Ombreado caracteriza-se como essencial à inclusão escolar. Conclui-se que, para efetivá-lo, torna-se imperiosa a definição clara e consciente dos objetivos para a escolarização, pois há muita diversidade entre as especificidades da deficiência ou das necessidades educacionais especiais. No entanto, essa forma de atuação articulada encontra diferentes entraves que se constituem em seus limites e desafios exigindo vontade política para minimizá-los, permitindo sua organização adequada. Discutem-se esses desafios e apresenta-se um exemplo no qual, pelo trabalho colaborativo pôde-se estabelecer condições para que uma aluna que, pelo vestibular conquistou uma vaga no curso de Medicina mas adquiriu uma tetraplegia no decorrer do curso, pudesse terminar sua graduação. (shrink)

There has been much attention devoted in recent years to the question of whether our moral principles can be related to our biological nature. This collection of new essays focuses on the connection between biology, in particular evolutionary biology, and foundational questions in ethics. The book asks such questions as whether humans are innately selfish, and whether there are particular facets of human nature that bear directly on social practices. The volume is organised historically beginning with Aristotle and covering such (...) major figures as Hume and Darwin down to the present and the work of Harvard sociobiologist, E. O. Wilson. This is the first book to offer this historical perspective on the relation of biology and ethics, and has been written by some of the leading figures in the history and philosophy of science, whose work stands very much at the cutting edge of these disciplines. (shrink)

As philosophers throughout the ages have asked: What is justice? What is truth? What is art? What is law? In _Education Reconfigured_, the internationally acclaimed philosopher of education, Jane Roland Martin, now asks: What is education? In answer, she puts forward a unified theory that casts education in a brand new light. Martin’s "theory of education as encounter" places culture alongside the individual at the heart of the educational process, thus responding to the call John Dewey made over a (...) century ago for an enlarged outlook on education. Look through her theory’s lens and you can see that education takes place not only in school but at home, on the street, in the mall—everywhere and all the time. Look through that lens and you can see that education does not always spell improvement; rather, it can be for the better or the worse. Indeed, you can see that education is inevitably a maker and shaper of both individuals and cultures. Above all, Martin’s new educational paradigm reveals that education is too important to be left solely to the professionals; that it is one of the great forces in human society and, as such, deserves the attention and demands the vigilance of every thoughtful person. (shrink)

One of the most basic understandings of nursing is that a nurse is a caregiver for a patient who helps to prevent illness, treat health conditions, and manage the physical needs of patients. Nursing is often presented as a caring profession, which provides patient care driven by ideals of empathy, compassion and kindness. These ideals of care have further been foregrounded through the development and implementation of stress on patient centred care (PCC) and/or person‐centred practice (PCP). Although the idealisation of (...) nursing as a caring profession is common, and one certainly seen as integral by nurses and written into the heart of regulatory documentation, we contend that the actual delivery of care is being undercut by the very regulatory climate that strives to professionalise care. As we outline, with specific reference to the context of Australian Nursing, this transformation delivers a commodified, even McDonaldized, model of patient management rather than care. It seems that even with its explicit stress on PCC and PCP, Australian Nursing cannot live up to its own care ideals. Having outlined this problem, the paper then demonstrates the ways in which PCC is thwarted at the coal face of nursing practice and that there must be an institutionalised change to be able to provide genuine patient‐centred care. (shrink)

Diagrams make it possible to present scientific facts in more abstract and generalized form. While some detail is lost, simplified and accessible knowledge is gained. E. B. Wilson's work in cytology provides a case study of changing uses of diagrams and accompanying abstraction. In his early work, Wilson presented his data in photographs, which he saw as coming closest to “fact.” As he gained confidence in his interpretations, and as he sought to provide a generalized textbook account of cell development, (...) he relied on increasingly abstract diagrams. In addition, he came to see that highly abstract and even schematic drawings could provide more than pictures directly from life. (shrink)

This chapter contains section titled: Introduction Background Central Philosophical Issues in Works on the Passions The Weakness of Reason “Reason Directs and the Affections Execute”19 Hume's Connection to the Earlier Literature Central Philosophical Issues regarding the Passions: Hume's Alternative Analyses Conclusion Notes References and further reading.

Prompted by the ever-increasing cesarean rate, this paper considers the interpretive disjunct between two significant strands of feminist analysis that have arisen in the last four decades as a consequence of the phenomenon of medicalized birth. In contrast to the dominant paradigm of bioethical “Principalism,” both modes of analysis, understood as “the critique of industrialized labor” and “the critique of idealized labor,” are attentive to the way in which social discourses inform bioethical deliberation and practice, but significantly diverge in the (...) nature of their accounts. The “industrialization critique” understands the culture of medical intervention to be impelled by an “obstetric desire” to appropriate women's reproductive potency, whereas the “idealization critique” relates new mothers’ “low childbirth satisfaction” to a pernicious normative ideal propagated by the natural childbirth movement. This paper will explore the anatomy of both critiques and interrogate their fidelity to the phenomenological insight of the body as chiasm between material and ideal. I will argue that while the insights of the idealization critique are well grounded, we must exercise caution about the critique's tendency to reductively understand the embodied experience of labor as entirely discursively produced, a gesture that risks re-performing the dematerialization of women often effected through obstetric intervention itself. (shrink)

Historians have emphasized the appearance of a productive research program in genetics after 1910, and philosophers and biologists have considered endorsement of genetics as a progressive move, indeed as a starting point for modern experimental biology. These efforts focus on what biology had changed to. This paper examines the condition from which biology moved, stressing the way in which Americans held heredity and development as a natural, intimately intertwined couple. Heredity accounts for likenesses, development for variation, and the two act (...) together throughout an individual's life. This discussion establishes the antecedent conditions necessary to explain the split of genetics and embryology and addresses the reasons for the split. (shrink)

We consider the evidence that RA†, the vitamin A metabolite, is involved in three fundamental aspects of the development of the CNS: (1) the stimulation of axon outgrowth in particular neuronal sub‐types; (2) the migration of the neural crest; and (3) the specification of rostrocaudal position in the developing CNS (forebrain, midbrain, hindbrain, spinal cord). The evidence we discuss involves RA‐induction of neurites in cell cultures and explants of neural tissue; the teratological effects of RA on the embryo's nervous system; (...) the observation that RA can be detected endogenously in the spinal cord; and the fact that the receptors and binding proteins for RA are expressed in precise domains and neuronal cell types within the nervous system. (shrink)

The first 1000 days of life, from conception to 2 years, are a critical window for the influence of environmental exposures on the assembly of the oral microbiome, which is the precursor to dental caries (decay), one of the most prevalent microbially induced disorders worldwide. While it is known that the human microbiome is susceptible to environmental exposures, there is limited understanding of the impact of prenatal and early childhood exposures on the oral microbiome trajectory and oral health. A barrier (...) has been the lack of technology to directly measure the foetal "exposome", which includes nutritional and toxic exposures crossing the placenta. Another barrier has been the lack of statistical methods to account for the high dimensional data generated by‐omic assays. Through identifying which early life exposures influence the oral microbiome and modify oral health, these findings can be translated into interventions to reduce dental decay prevalence. (shrink)

This article presents the case of a mother who is planning a home birth with a midwife with the shared knowledge that the fetus would have congenital anomalies of unknown severity. We discuss the right of women to choose home birth, the caregivers’ duty to the infant, and the careproviders’ dilemma about how to respond to this request. The ethical duties of concerned careproviders are explored and reframed as professional obligations to the mother, infant, and their profession at large. Recommendations (...) are offered based on this case in order to clarify the considerations surrounding not only home birth of a fetus with anticipated anomalies, but also to address the ethical obligations of caregivers who must navigate the unique tension between respecting the mother’s wishes and the duty of the careproviders to deliver optimal care. (shrink)

ZusammenfassungDieser Beitrag argumentiert, dass die Gattung Roman sowohl mit Erwerbsarbeit als auch Kontemplation in Zusammenhang steht. Damit reagiere ich auf gegenwärtige Positionen, die das Lesen ausschließlich entweder als Sache der Profis oder der ›Laien‹ auffassen bzw. in einem kritischen oder literarischen Kontext situieren. Ich stütze mich auf die Ergebnisse einer rezenten ethnographischen Studie, die das Interesse von Literaturwissenschaftlern an Romanlektüre jenseits der Arbeit zeigt. Insgesamt schlage ich vor, dass das Fortbestehen der Literatur, einschließlich ihrer akademischen Beobachtung, ironischerweise am besten dadurch (...) gesichert wird, dass wir politisch für das Recht auf Freizeit eintreten. (shrink)

The logical pattern underlying twentieth century science is strikingly uniform from physics through biology and psychology to social science. Our purpose will be to analyze and illustrate this pattern, to trace its development, especially from the Middle Ages to the present time, and to suggest some possible consequences for the future.

In this paper we propose a new way of conceptualizing animals in experimentation – the animal-as-patient. Construing and treating animals as patients offers a way of successfully addressing some of the entrenched epistemological and ethical problems within a practice of animal experimentation directed to human clinical benefit. This approach is grounded in an epistemological insight and builds on work with so-called ‘pet models’. It relies upon the occurrence and characterization of analogous human and nonhuman animal diseases, where, if certain criteria (...) of homology and mechanism are met, the animal simultaneously becomes a patient and a spontaneous model of the human disease. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)