Opponents of male circumcision have increasingly used human rights positions to articulate their viewpoint. We characterize the meaning of the term “human rights.” We discuss these human rights arguments with special attention to the claims of rights to an open future and to bodily integrity. We offer a three-part test under which a parental decision might be considered an unacceptable violation of a child's right. The test considers the impact of the practice on society, the impact of the practice on (...) the individual, and the likelihood of adverse impact. Infant circumcision is permissible under this test. We conclude that infant circumcision may be proscribed as violating local norms, even though it does not violate human rights. (shrink)

This book provides a multidisciplinary analysis of the potential conflict between a government’s duty to protect children and a parent’ right to raise children in a manner they see fit. Using philosophical, bioethical, and legal analysis, the author engages with key scholars in pediatric decision-making and individual and religious rights theory. Going beyond the parent-child dyad, the author is deeply concerned both with the inteests of the broader society and with the appropriate limits of government interference in the private sphere. (...) The text offers a balance of individual and population interests, maximizing liberty but safeguarding against harm. Bioethics and law professors will therefore be able to use this text for both a foundational overview as well as specific, subject-level analysis. Clinicians such as pediatricians and gynecologists, as well as policy-makers can use this text to achieve balance between these often competing claims. The book is written by a physician with practical and theoretical knowledge of the subject, and deep sympathy for the parental and family perspectives. As such, the book proposes a new way of evaluating parental and state interventions in children's’ healthcare: a refreshing approach and a useful addition to the literature. (shrink)

Female genital alteration is any cutting, removal or destruction of any part of the external female genitalia. Various FGA practices are common throughout the world. While most frequent in Africa and Asia, transglobal migration has brought ritual FGA to Western nations. All forms of FGA are generally considered undesirable for medical and ethical reasons when performed on minors. One ritual FGA procedure is the vulvar nick. This is a small laceration to the vulva that does not cause morphological changes. Besides (...) being performed as a primary ritual procedure it has been proposed as a substitute for more extensive forms of FGA. Measures advocated or taken to reduce the burden of FGA can be punitive or non-punitive. Even if it is unethical to perform VN, we argue that it also is unethical to attempt to suppress it through punishment. First, punishment of VN is likely to cause more harm than good overall, even to those ostensibly being protected. Second, punishment is likely to exceed legitimate retributive ends. We do not argue in favor of performing VN. Rather, we argue that non-punitive strategies such as education and harm reduction should be employed. (shrink)

The justification for restrictive state intervention (RSI) such as criminal punishment or state reversal of parental decisions is called a limiting, or intervention (Buchanan and Brock 1989, 10), p...

In lieu of an abstract, here is a brief excerpt of the content:Circumcision:Ordinary and Universal in My CommunityAllan J. JacobsMy1 circumcision experiences are remarkable mostly for their ordinariness. My wife Danaë gave birth to our son Perseus2 while I was a resident in obstetrics and gynecology in a city where we had no family. Perseus was circumcised in a Jewish brit milah3 ceremony on the eighth day of his life, as were my wife's and my male ancestors back into ancient (...) times. We were relieved because Perseus had just recovered from a potentially serious condition. After a difficult forceps delivery, his blood bilirubin rose almost to the point where he might have developed the dreaded kernicterus syndrome. Kernicterus can cause permanent severe motor, intellectual and visual impairment. It was unclear whether he would be discharged from the hospital in time. He had to spend a week in restraints under a bright light whose frequency degraded bilirubin. Happily, he came home the day before the scheduled brit.Our four parents attended the brit. Danaë's father was the sandek,4 being granted the honor of holding our son on his lap during the circumcision ceremony. The mohel, or circumciser, was the local Conservative rabbi. We were mildly anxious because he didn't do many circumcisions in this city with few Jews. Perseus cried briefly after he was circumcised. The circumcision undoubtedly was far less stressful than treatment of elevated bilirubin. The circumcision certainly was less painful than the prodding and sticks for the many blood tests he had to undergo in the hospital, not to mention the pain of his difficult forceps delivery. Perseus did not seem to have much discomfort in his penis afterward, and had no circumcision complications.After the brit, our parents and my resident colleagues ate refreshments and chatted for an hour or so. A brit milah is a happy occasion, but not an elaborate one. It marks the end of the joy, anxiety, and excitement of the child's birth and its aftermath and is followed by the less exalted rhythm of feedings, diaper changes, and sleep deprivation.At the brit, our boys are assigned Hebrew names and confirmed in the Biblical covenant between God and the Hebrew people established between God and Abraham, and reaffirmed between God and Moses. Regardless of the historical truth of the formation of the covenant, it is accepted as a myth tantamount to [End Page 71] truth. In other words, regardless of its literal truth, such a myth is to be regarded as true because it concretizes God's demands or a moral truth. The covenant is real for me whether or not there was a historical Abraham. As with other religious commitments, the obligation to circumcise our sons is unprovable, but binding. On this basis, Perseus's ancestors on both sides were circumcised in brit milah ceremonies for many centuries into the past.My two grandsons were circumcised as well. Achilles was circumcised among friends and relatives. The mohel was an experienced obstetrician who was certified to officiate at a brit milah following the practices of Conservative Judaism. He administered adequate analgesia with topical local anesthetic cream followed by an injected regional block. Achilles slept through his circumcision, suffered no complications, and had little discomfort afterward. My other grandson had a circumcision performed as an infant outside the context of Judaism and is not being raised as a Jew.The two brit milah in my family were beautiful, dignified ceremonies, welcoming the infants into the Jewish fold, and bestowing their Hebrew names.5 Some of my relatives, including Perseus's son, had circumcisions performed in a medical setting without a ceremony. None of the many boys in my family had obvious short- or long-term problems with their circumcisions. My social circle has many Reform and Conservative Jews. I have never heard any Jewish man in my circle of acquaintances complain about his circumcision. Circumcision is a given. Problems are rare, and an exposed glans is the norm. Our men typically enjoy sex and have no difficulty in fathering children. Circumcision is part of the comforting cocoon of custom and tribe that helps to protect us as a group. It also reinforces Jewish endogamy... (shrink)

While all states in the United States require certain vaccinations for school attendance, all but three allow for religious exemptions to receiving such vaccinations, and 18 allow for exemptions on the basis of other deeply held personal beliefs. The rights of parents to raise children as they see fit may conflict with the duty of the government and society to protect the welfare of children. In the U.S., these conflicts have not been settled in a uniform and consistent manner. We (...) apply a test that provides a concrete and formal rubric to evaluate such conflicts. For some vaccinations, based on the individual medical characteristics of the disease and the risks of being unvaccinated, the test would suggest that permitting conscientious exemptions is ethical. However, for vaccinations protecting against other diseases that are more severe or easily transmitted, the test would suggest that the federal government may ethically impose laws that deny such exemptions. (shrink)

Health care workers or others may wish to override parental decisions because of their impact on the health or safetySafety of a child or others. Justification of such an action requires two types of principle: an authorityAuthority principle that designates the process for reversal, and anPrincipal, interventionintervention principleIntervention principle that specifies the grounds for reversal. It is generally accepted that states may overruleOverruleparentsParents’ decisions for good cause. I argue that the role of the state is to provide sufficient protection against (...) parental malfeasance. Parental malfeasance can be construed as either exposing a child to harmHarm or as insufficient defense of the child’s interestsChild's interests. I propose a test to determine what sorts of parental decisions might trigger intervention. I also propose constraints on government action to minimize government unfairness in applying the test. I show how this plays out in application. (shrink)

Buzz marketing has emerged as a popular, viable adjunct to traditional marketing communication, yet has received little critical scrutiny from an ethical perspective. This investigation represents an initial excursion into the public mind regarding the acceptability of buzz marketing techniques. One hundred thirty-one participants evaluated scenarios descriptive of actual live buzz campaigns varying in degree of transparency and deception. More negative perceptions were associated with deceptive approaches than overt ones, and participants were less accepting of peer-to-peer campaigns than performance-to-peer campaigns. (...) Respondents classified as moral idealists evaluated live buzz campaigns more negatively than moral relativists. The author discusses the implications of these findings for connected marketing strategies and public policy and offers recommendations for connected marketing practitioners. (shrink)

Despite significant ethical advances in recent years, including professional developments in ethical review and codification, research deception continues to be a pervasive practice and contentious focus of debate in the behavioral sciences. Given the disciplines' generally stated ethical standards regarding the use of deceptive procedures, researchers have little practical guidance as to their ethical acceptability in specific research contexts. We use social contract theory to identify the conditions under which deception may or may not be morally permissible and formulate practical (...) recommendations to guide researchers on the ethical employment of deception in behavioral science research. (shrink)

In contrast to the behavioral sciences, the nature and impact of ethical procedures such as informed consent and constraints on the use of deception have been addressed infrequently in the marketing discipline. This article describes an initial investigation into the methodological and ethical practices reported in published marketing research articles since the mid-1970s. Empirical articles appearing in the Journal of Marketing Research and the Journal of Consumer Research between 1975 and 1976, 1989 and 1990, and 1996 and 1997 were coded (...) according to methodological and ethical practices employed and compared with recent trends in the social psychological research literature. The marketing findings revealed an increase over time in laboratory experimentation, the utilization of active deception and debriefing, and the use of university student samples. Although the results suggest that marketing researchers use deception with less frequency and intensity overall than social psychologists, the observed rise in deception procedures in marketing investigations stands in stark contrast to the situation in social psychology, where deception rates have been declining along with a corresponding increase in nonexperimental methodologies and nonstudent samples. The article concludes with a call for greater attention to the ethical, methodological, and disciplinary consequences of the increasing use of deception in marketing research and emphasizes the need for more complete reporting of ethical procedures in published research. (shrink)

In this article the author reviews the recent exchange in this Journal between David Dyzenhaus and Matthew Kramer on the merits of legal positivism. He then offers his own modest proposal regarding future debates on that topic.

O idealismo transcendental anunciado por Husserl como idêntico à própria fenomenologia nunca deixou de ser um dos pontos mais polêmicos de sua filosofia. A esse respeito, um dos primeiros críticos da posição filosófica esposada publicamente por Husserl a partir de Ideias para uma fenomenologia pura foi seu outrora aluno Roman Ingarden. Seu denso e resoluto criticismo em relação à perspectiva idealista de Husserl é amparado por minuciosas investigações de ordem ontológica, contidas sobretudo em seu magnum opus, Controvérsia acerca da existência (...) do mundo. Contudo, algumas das discussões aí indicadas já se faziam presentes em seu famoso escrito A obra de arte literária, de 1929. Com efeito, neste texto, que busca demarcar o estatuto ontológico das obras literárias, Ingarden já empreende análises que lhe permitem questionar alguns dos pressupostos centrais ao idealismo transcendental advogado por Husserl. A proposta do presente trabalho é apresentar algumas das noções básicas da ontologia ingardeniana, bem como sua visão acerca do modo de ser da obra literária, e tentar compreender como estes elementos se coordenam a fim de fornecer a Ingarden alguns dos elementos que lhe permitem ensaiar uma resposta realista à perspectiva de Husserl. (shrink)

Followers’ perceptions of their leaders’ ethics have the potential to impact the way they react to the influence of these leaders. The present study of 365 U.S. Air Force Academy Cadets examined how followers’ perceptions of their leaders’ ethics moderated the relationships found between the leaders’ use of power, as conceptualized by French and Raven, and the followers’ contextual performance. Our results indicated that leaders’ use of expert, referent, and reward power was associated with higher levels of organizational citizenship behaviors (...) among their followers when the followers perceived these leaders to be more ethical. Moreover, when followers perceived their leaders to be less ethical, these followers reported lower levels of OCBs when their leaders’ utilized referent power. Practical implications, limitations, and future research are also discussed. (shrink)

Georg Simmel developed a "form" method for the newly revived field of sociology, drawing on the subjectivity/objectivity dialectic. While his book's organization differs from that of contemporary texts, his method remains implicit in the field to this day.

Last year, we reported a new mechanism of DNA replication in mammals. It occurs inside mitochondria and entails the use of processed transcripts, termed bootlaces, which hybridize with the displaced parental strand as the replication fork advances. Here we discuss possible reasons why such an unusual mechanism of DNA replication might have evolved. The bootlace mechanism can minimize the occurrence and impact of single‐strand breaks that would otherwise threaten genome stability. Furthermore, by providing an implicit mismatch recognition system, it should (...) limit the occurrence of replication‐dependent deletions and insertions, and defend against invading elements. Such a mechanism may also limit attempts to manipulate the mammalian mitochondrial genome. (shrink)

Book reviewed in this article: Ethical Issues in Social Research. Edited by Tom L. Beauchamp, Ruth R. Faden, R. Jay Wallace, Jr., and LeRoy Walters. Baltimore: The Johns Hopkins University Press, 1982. xii + 436 pp. $25.00 (hardcover); $8.95 (paper). Ethics of Human Subject Research. Edited by Allan J. Kimmel, Jr. San Francisco: Jossey‐Bass, 1981. 106 pp. $6.95 (paper). Social Research Ethics. Edited by Martin Bulmer. New York: Holmes & Meier, 1982. xiv + 284 pp. $39.50 (hardcover); $14.50 (paper). (...) The Ethics of Social Research: Field‐work, Regulation and Publication. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. x + 187 pp. $23.50 (hardcover). The Ethics of Social Research: Surveys and Experiments. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. xii + 249 pp. $23.50 (hardcover). (shrink)

This paper argues that in modern biotechnology, naturalness as an argument contributed to a stalemate in public debate about innovative technologies. Naturalness in this is often placed opposite to human disruption. It also often serves as a label that shapes moral acceptance or rejection of agricultural innovative technologies. The cause of this lies in the use of nature as a closed, static reference to naturalness, while in fact ‘‘nature’’ is an open and dynamic concept with many different meanings. We propose (...) an approach for a dynamic framework that permits an integrative use of naturalness in debate, by connecting three sorts of meaning that return regularly in the arguments brought forward in debate; cultural, technological, and ecological. We present these as aspects of nature that are always present in the argument of naturalness. The approach proposes a dynamic relation between these aspects, formed by gradients of naturalness, which in turn are related to ethical concerns. In this way we come to an overview that makes it possible to give individual arguments a relative place and that does justice to the temporality of the concept of nature and the underlying ethical concerns stakeholders have in respect to innovation in agriculture. (shrink)

A 'sensed presence' often accompanies hypnagogic and hypnopompic hallucinations associated with sleep paralysis. Qualitative descriptions of the sensed presence during sleep paralysis are consistent with the experience of a monitoring, stalking predator. It is argued that the sensed presence during sleep paralysis arises because of REM-related endogenous activation of a hypervigilant and biased attentive state, the normal function of which is to resolve ambiguities inherent in biologically relevant threat cues. Given the lack of disambiguating environmental cues, however, the feeling of (...) presence persists as a protracted experience that is both numinous and ominous. This experience, in turn, shapes the elaboration and integration of the concurrent hallucinations that often take on supernatural and daemonic qualities. The sense of presence considered here is an 'other' that is radically different from, and hence more than a mere projection of, the self. Such a numinous sense of otherness may constitute a primordial core consciousness of the animate and sentient in the world around us. (shrink)