Margaret Otlowski investigates the complex and controversial issue of active voluntary euthanasia. She critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions, and carefully looks at the situation as handled in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients' requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands (where (...) active voluntary euthanasia is now openly practiced). (shrink)

This paper explores the legality and ethics of an individual securing insurance (life, disability or other forms of income protection insurance for which there is individual risk assessment) in anticipation of undergoing genetic testing. It also seeks to examine the situation from the perspective of genetic counsellors and the extent of their obligations in providing information and advice to individuals contemplating genetic testing. These are matters of importance for health care professionals, human research ethics committees as well, of course, as (...) individuals who may be contemplating undertaking genetic testing. (shrink)

The issue of genetic discrimination has attracted growing attention and has been the focus of a recent major Australian inquiry. It is, however, a complex and loaded notion, open to interpretation. This paper explores the concept of genetic discrimination in both its theoretical and practical dimensions. It examines its conceptual underpinnings, how it is understood, and how this understanding fits within the legal framework of disability discrimination. The paper also examines the phenomenon in practice, including the ‘fear factor’ and the (...) resulting implications for the development of regulatory policy. The paper argues that we need to be discerning in our interpretation of this term, and differentiate between discriminatory conduct which is legal and illegal. Further, it is argued that a concerted societal response to the ‘problem’ of genetic discrimination is needed involving targeted legal reforms as well as broader non-legal strategies. (shrink)

BackgroundThe use of genetic test results in risk-rated insurance is a significant concern internationally, with many countries banning or restricting the use of genetic test results in underwriting. In Australia, life insurers’ use of genetic test results is legal and self-regulated by the insurance industry (Financial Services Council (FSC)). In 2018, an Australian Parliamentary Inquiry recommended that insurers’ use of genetic test results in underwriting should be prohibited. In 2019, the FSC introduced an industry self-regulated moratorium on the use of (...) genetic test results. In the absence of government oversight, it is critical that the impact, effectiveness and appropriateness of the moratorium is monitored. Here we describe the protocol of our government-funded research project, which will serve that critical function between 2020 and 2023.MethodsA realist evaluation framework was developed for the project, using a context-mechanism-outcome (CMO) approach, to systematically assess the impact of the moratorium for a range of stakeholders. Outcomes which need to be achieved for the moratorium to accomplish its intended aims were identified, and specific data collection measures methods were developed to gather the evidence from relevant stakeholder groups (consumers, health professionals, financial industry and genetic research community) to determine if aims are achieved. Results from each arm of the study will be analysed and published in peer-reviewed journals as they become available.DiscussionThe A-GLIMMER project will provide essential monitoring of the impact and effectiveness of the self-regulated insurance moratorium. On completion of the study (3 years) a Stakeholder Report will be compiled. The Stakeholder Report will synthesise the evidence gathered in each arm of the study and use the CMO framework to evaluate the extent to which each of the outcomes have been achieved, and make evidence-based recommendations to the Australian federal government, life insurance industry and other stakeholders. (shrink)

In Australia, along with many other countries, limited guidance or other support strategies are currently available to researchers, institutional research ethics committees, and others responsible for making decisions about whether to return genomic findings with potential value to participants or their blood relatives. This lack of guidance results in onerous decision-making burdens—traversing technical, interpretative, and ethical dimensions—as well as uncertainty and inconsistencies for research participants. This article draws on a recent targeted consultation conducted by the Australian National Health and Medical (...) Research Council to put forward strategies for supporting return of finding decision-making. In particular, we propose a pyramid of decision-making support: decision-making guidelines, technical and interpretative assistance, and ethical assistance for intractable “tough” cases. Each step of the pyramid involves an increasing level of regulatory involvement and applies to a smaller subsection of genomic research findings. Implementation of such strategies would facilitate a growing evidence base for return of finding decisions, thereby easing the financial, time, and moral burdens currently placed on researchers and other relevant decision-makers while also improving the quality of such decisions and, consequently, participant outcomes. (shrink)

This paper provides a legal overview of key issues associated with donation of genetic samples and information from a donor perspective. In particular, it addresses the property status of samples as well as issues in respect of consent, privacy, commercialisation and benefit sharing. The paper highlights the need for appropriate protection and safeguards for individuals, but also, importantly, for understanding what donors actually think and want in terms of genetic research and the use of their samples and information. The paper (...) seeks to emphasise the importance of transparency and accountability in the conduct of research in order to maximise donor participation and confidence and public trust in general. (shrink)

_BMC Medical Ethics_ is an open access journal publishing original peer-reviewed research articles in relation to the ethical aspects of biomedical research and clinical practice, including professional choices and conduct, medical technologies, healthcare systems and health policies. _BMC __Medical Ethics _is part of the _BMC_ series which publishes subject-specific journals focused on the needs of individual research communities across all areas of biology and medicine. We do not make editorial decisions on the basis of the interest of a study or (...) its likely impact. Studies must be scientifically valid; for research articles this includes a scientifically sound research question, the use of suitable methods and analysis, and following community-agreed standards relevant to the research field. Specific criteria for other article types can be found in the submission guidelines. _BMC series - open, inclusive and trusted_. (shrink)

BackgroundBiobanks provide an important foundation for genomic and personalised medicine. In order to enhance their scientific power and scope, they are increasingly becoming part of national or international networks. Public trust is essential in fostering public engagement, encouraging donation to, and facilitating public funding for biobanks. Globalisation and networking of biobanking may challenge this trust.MethodsWe report the results of an Australian study examining public attitudes to the networking and globalisation of biobanks. The study used quantitative and qualitative methods in conjunction (...) with bioethical analysis in order to determine factors that may contribute to, and threaten, trust.ResultsOur results indicate a generally high level of trust in biobanks and in medical research more broadly. Key factors that can reduce perceived trustworthiness of biobanks are commercialisation and involvement in global networking.ConclusionsWe conclude that robust ethical oversight and governance standards can both promote trust in global biobanking and ensure that this trust is warranted. (shrink)

Anti-selection occurs when information asymmetry exists between insurers and applicants. When an applicant knows they are at high risk of loss, but the insurer does not, the applicant may try to use this knowledge differential to secure insurance at a lower premium that does not match risk.

The central problem of social theory is 'structure and agency'. How do the objective features of society influence human agents? Determinism is not the answer, nor is conditioning as currently conceptualised. It accentuates the way structure and culture shape the social context in which individuals operate, but it neglects our personal capacity to define what we care about most and to establish a modus vivendi expressive of our concerns. Through inner dialogue, 'the internal conversation', individuals reflect upon their social situation (...) in the light of current concerns and projects. On the basis of a series of unique, in-depth interviews, Archer identifies three distinctive forms of internal conversation. These govern agents' responses to social conditioning, their individual patterns of social mobility and whether or not they contribute to social stability or change. Thus the internal conversation is seen as being the missing link between society and the individual, structure and agency. (shrink)

Cognitive science is the project of understanding the mind by modelling its workings. Its development is one of the most remarkable and fascinating intellectual achievements of the modern era. Mind as Machine is a masterful history of cognitive science, told by one of its most eminent practitioners.

At least some of these commentators have then, rather naturally, taken a step which it will be the business of this essay to criticize. They have suggested that Leibniz’s "counter-part theory" can be understood as providing an interpretation of counter-factuals and certain forms of modal discourse within his system. For example, Mondadori writes.

This interdisciplinary collection of classical and contemporary readings provides a clear and comprehensive guide to the many hotly-debated philosophical issues at the heart of artificial intelligence.

An invaluable complement to the standards works in early modern philosophy, this anthology introduces an important selection from the largely unknown writings of women philosophers of the early modern period. Readings comment on major works of the period and are easily integrated into courses in the history of modern philosophy. Included are letters to prominent philosophers, philosophical tracts arguing a particular view, and comments on controversies of the day. Each section is prefaced by a headnote giving a biographical account of (...) its author and setting the piece in historical context. Atherton's introduction provides a solid framework for assessing these works and their place in modern philosophy. -- from back cover. (shrink)

Moral virtue is, for Aristotle, a state to which an agent’s motivation is central. For anyone interested in Aristotle’s account of moral development this invites reflection on two questions: how is it that virtuous motivational dispositions are established? And what contribution do the moral learner’s existing motivational states make to the success of her habituation? I argue that views which demand that the learner act with virtuous motives if she is to acquire virtuous dispositions misconstrue the nature and structure of (...) the habituation process, but also obscure Aristotle’s crucial insight that the very practice of virtuous actions affords a certain discovery and can be transformative of an agent’s motivational states. Drawing attention, in Aristotle’s account, to an asymmetry between the agential perspective and the observation of others, I consider what the agential perspective affords the learner, and offer a novel interpretation of the role a learner’s existing motives play in her habituation. (shrink)

Introduction In 1709 George Berkeley published his first substantial work, An Essay towards a New Theory of Vision. As a contribution to the theory of ...

Background:The right of children to have their voice heard has been accepted by researchers, and there are increasing numbers of qualitative health studies involving children. The ethical and methodological issues of including children in research have caused worldwide concerns, and many researchers have published articles sharing their own experiences.Objectives:To systematically review and synthesise experts’ opinions and experiences about ethical and methodological issues of including children in research, as well as related solution strategies.Research design:The research design was a systematic review of (...) opinion-based evidence, based on the guidelines by Joanna Briggs Institute.Methods:A search of five computerised databases has been conducted in April 2014 and 2271 articles were found. After screening the titles, abstracts, full texts and appraising the quality, 30 articles were finally included in the review. A meta-aggregative approach was applied in the data analysis and synthesis process.Ethical considerations:Ethical approval is not needed as it is a systematic review of published literature.Results:Six themes were identified, including evaluating potential risks and benefits, gaining access, obtaining informed consent/assent, protecting confidentiality and privacy, building rapport and collecting rich data. The similarities and differences between research involving children and that involving adults were indicated.Conclusion:All potential incentives should be justified when designing the study. Further studies need to research how to evaluate individual capacity of children and how to balance protecting children’s right to participate and their interests in the research. Cultural differences related to researching children in different regions should also be studied. (shrink)

The Ethics of Nationalism blends philosophical discussion of the ethical merits and limits of nationalism with a detailed understanding of nationalist aspirations and a variety of national conflict zones. The author discusses the controversial and contemporary issues of rights of secession, the policies of the state in privileging a particular national group, the kinds of accommodations of minority national, and multi cultural identity groups that are justifiable and appropriate.

" Reflexivity" is defined as the regular exercise of the mental ability, shared by all normal people, to consider themselves in relation to their contexts and vice versa. In addition to this sociological interest, it allows us to hold idle or trivial internal conversations. Focussing fully on this phenomenon, this book discusses the three main questions associated with this subject in detail. Where does the ability to be "reflexive" comes from? What part do our internal reflexive deliberations play in designing (...) the courses of action we take: subordinate to habitual action or not? Is "reflexivity" a homogeneous practice for all people and invariant over history? In addressing these questions, contributors engage critically with the most relevant studies by luminaries such as G.H Mead, C.S. Pierce, Habermas, Luhmann, Beck, Giddens and Bourdieu. Most contributors are leading Pragmatists or Critical Realists, associated with the "Reflexivity Forum" an informal, international and inter-disciplinary group. This combination of reference to influential writers of the past, and the best of modern theory has produced a fascinating book that is essential reading for all students with a serious interest in social theory or critical realism. (shrink)

Seneca stands apart from other philosophers of Greece and Rome not only for his interest in practical ethics, but also for the beauty and liveliness of his writing. These twelve in-depth essays take up a series of interrelated topics in his works, from his relation to Stoicism, Epicureanism, and other schools of thought; to the psychology of emotion and action and the management of anger and grief; to letter-writing, gift-giving, friendship, and kindness; to Seneca's innovative use of genre, style, and (...) humor. Recalling Socrates's critique of philosophical writing in Plato's Phaedrus, this volume gives particular attention to Seneca's ideas about the techniques of reading, writing, and study that make philosophy beneficial to the individual and to society. Clear explanations and careful translations make the volume accessible to a wide range of readers. (shrink)

By transcendental aesthetic, Kant means “the science of all principles of a priori sensibility” (A 21/B 35). These, he argues, are the laws that properly direct our judgments of taste (B 35 – 36 fn.), i.e. our aesthetic judgments as we ordinarily understand that notion in the context of contemporary art. Thus the first part of the Critique of Pure Reason, entitled the Transcendental Aesthetic, enumerates the necessary presuppositions of, among other things, our ability to make empirical judgments about particular (...) works of art. These presuppositions are sensible rather than intellectual because on Kant’s view, all intellection that considers objects of any kind, whether abstract or concrete, must at base connect to actual, material objects with which we come into direct contact; and this we can do only through sensibility (A 19/B 33). Thus the following discussion explores what Kant claims must be true of us in order to make the sorts of aesthetic judgments we make, rather than any particular class or quality of aesthetic judgments itself. On Kant’s view, what must be true of us in order to make aesthetic judgments is not different from what must be true of us in order to make any other kind of judgment about empirical objects. (shrink)

In Culture and Agency, I distinguished between the ‘Cultural System', namely all items logged into the universal cultural archive, and ‘Socio-Cultural' interaction, na...

The alienation of body parts and their transformation into commodities raises questions about ownership, property rights, and about possible violation of the moral order. This article focuses on the `social life' of objects, including body parts, and the multiple meanings attached to them that are made visible in systems of exchange. The transformation of DNA obtained in blood samples into immortalized cell lines for use in the Human Genome Diversity Project is introduced as an illustration of contested commodification. The meanings (...) attached to the blood samples by those from whom they are procured and their worth to the scientists who create the cell lines are of an entirely different order. Disputes about the HGDP that have erupted since it was first planned are presented in detail, followed by a discussion of the ethics of gene prospecting and the associated politics of biocapitalism currently proliferating in the private sector. (shrink)

This book, the last volume in the Social Morphogenesis series, examines whether or not a Morphogenic society can foster new modes of human relations that could exercise a form of 'relational steering', protecting and promoting a nuanced version of the good life for all. It analyses the way in which the intensification of morphogenesis and the diminishing of morphostasis impact upon human flourishing. The book links intensified morphogenesis to promoting human flourishing based on the assumption that new opportunities open up (...) novel experiences, skills, and modes of communication that appeal to talents previously lacking any outlet or recognition. It proposes that equality of opportunity would increase as ascribed characteristics diminished in importance, and it could be maintained as the notion of achievement continued to diversify. Digitalization has opened the cultural 'archive' for more to explore and, as it expands exponentially, so do new complementary compatibilities whose development foster yet further opportunities. If more people can do more of what they do best, these represent stepping stones towards the 'good life' for more of them. (shrink)

This paper provides an overview of corporate social responsibility in Brazil, a country of vast regional and economic differences. Despite abundant natural resources and centers of advanced technology, large numbers of Brazilians live in poverty. Historical factors, which to some extent explain Brazil’s social and economic inequalities – a long period of colonialism, followed by populist reform, repressive military measures, foreign debt, unfair trade agreements, and problems of corruption – have persisted into the current period of democratic reform, marked by (...) economic and political trends toward democratization and corporate social responsibility. This paper considers the civic and business organizations that have been developing strategies to encourage social responsibility and government policies aimed at alleviating poverty. Despite progress, the complexity of the Brazilian context presents challenges for social and economic equality. (shrink)

ABSTRACTThe role of Concrete Utopias in the works of Roy Bhaskar are contrasted with the ‘Real Utopias’ of Erik Olin Wright. Critical Realism treats them as ‘possibilities’ that are real because re...

In recent years numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This ambitious study brings together for the first time a series of original essays on the ethics of secession. A host of leading figures explore key issues in this important debate, including, what is `a people' and what gives them a right to secede? And is national self-determination consistent with liberal and democratic principles or is it a dangerous doctrine?

A philosophy of management that incorporates the big picture of human experience, all levels, and degrees of awareness in relationship with the world, will better develop and sustain an environment conducive to creative contributions that meet organizational goals. Quantum physics reveals the nature of reality to be connection and creativity engaged in a process of actualizing possibilities. Human beings participate in this process of actualization, as both observer-creator and experiencer of the universe through multiple domains of knowing – a collaborator (...) in Alfred North Whitehead’s panexperientialism. Whitehead’s God of process, the primordial field of creative possibilities, and the consequent nature which holds all the experiences of every actualization, supports human consciousness, as it self-actualizes by engaging and integrating the experience of external and internal events and their effects on awareness. Through understanding the participatory nature of consciousness with God and the world as experienced, deep meaning emerges for human life. Tapping into this deeper meaning through a philosophy of management that acknowledges the full human experience, including the embedded spiritual connection to the creative energy that is God, strengthens an organization’s vision, mission and contributions to a community. This brief overview traces a path toward a preliminary framework for a philosophy of management based on God and the ideas of connection, creativity and process. (shrink)

Philosophy and Phenomenological Research, Volume 99, Issue 3, Page 720-725, November 2019.