Rothstein (2010) argues that groups may be harmed by research on deidentified data. He concludes that researchers are obligated to minimize group harms and demonstrate respect for a studied group t...

Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, (...) despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease. (shrink)

It is a welcome development when academic philosophy starts to concern itself with practical issues, in such a way as to influence people's lives. Recently this has happened with one moral issue in particular—but infortunately it is the wrong issue, and people's actions have been influenced in the wrong way. The issue is that of the moral status and treatment of animals. A number of philosophers have argued for what they call ‘animal liberation’, comparing it directly with egalitarian causes such (...) as women's liberation and racial equality and suggesting that, if racism and sexism are rationally indefensible, so is ‘speciesism’. If one ought to give equal consideration to the interests of all human beings, then, so they daim, one must on the same grounds and in the same way recognize that ‘all animals are equal’, be they human or non-human. We believe that this assimilation of ‘animal liberation’ to human liberation movements is mistaken. (shrink)

Peterson, Karlawish and Largent offer a defense of supported decision making in health care for people with dynamic and diminishing capacity. They are to be warmly commended for bringing sup...

The growing use of interoperable electronic health records is likely to have significant effects on the physician-patient relationship. This relationship involves two-way trust: of the physician in patients, and of the patients in their providers. Interoperable records opens up this relationship to further view, with consequences that may both enhance and undermine trust. On the one hand, physicians may learn that information from their patients is — or is not — to be trusted. On the other hand, patients may learn (...) from the increased oversight made possible by electronic records that their trust in their physicians is — or is not — warranted. Release of information through new methods of surveillance may also undermine patient trust. The article concludes that because trust is fragile, attention to transparency and confidentiality in the use of interoperable electronic records is essential. (shrink)

The United States, like other countries facing rising health care costs, is pursuing a commitment to interoperable electronic health records. Electronic records, it is thought, have the potential to reduce the risks of error, improve care coordination, monitor care quality, enable patients to participate more fully in care management, and provide the data needed for research and surveillance. Interoperable electronic health records on a national scale — the ideal of a national health information network — seem likely to magnify these (...) advantages. Thus, the recent economic stimulus package contains considerable funding for the development of “health information technology architecture that will support the nationwide electronic exchange and use of health information in a secure, private, and accurate manner.”. (shrink)

Defenders of patient autonomy have successfully supported the legal adoption of advance directives. More recently, some defenders of patient autonomy have also supported the legalization of voluntary active euthanasia. This paper explores the wisdom of combining both practices. If euthanasia were to become legal, should it be permitted by advance directives? The paper juxtaposes the most significant doubts about advance directives, with the most significant doubts about euthanasia. It argues that the doubts together raise more concern about the combined practices (...) than about either euthanasia or advance directives separately. Not all cases of voluntary euthanasia by advance directive are equally problematic, however. Advance directives can help in the defense of euthanasia for patients who make the request in advance and reaffirm it under circumstances of severe suffering. Keywords: advance directives, durable power of attorney, euthanasia, living will, patient interests CiteULike Connotea Del.icio.us What's this? (shrink)

Many problems in environmental ethics are what have been called “global systemic problems,” problems in which what happens in one part of the world affects preservationist efforts elsewhere. Restoration of the Everglades is one such example. If global warming continues, the Everglades may well be flooded within the next quarter to half century and all restoration efforts will be for naught. Yet, the United States government is both pursuing restorationist efforts and withdrawing from the Kyoto Protocol on emissions of greenhouse (...) gases. One aspect of global systemic problems concerns whether there are interconnections between the preservationist obligations of the locals and the duties of others. There are three main lines of arguments for concluding that there are, indeed, interconnected obligations in such cases. First, the consequentialist case for imposing duties on locals assumes that others do not have inconsistent consequentialist obligations. In addition, a related consequentialist case can be made that when problems are systemic, others have positive supportive duties. Second, a weak principle of reciprocity supports the interconnectedness of obligations. Insistence that someone has an obligation that benefits you implies the duty not to act to undermine the efforts of that person to fulfill that obligation. Third, a weak principle of fairness—that it is only fair to expect one person to bear the burdens of producinga collective good if others have obligations to do their cooperative part—supports interconnected obligations with regard to global systemic problems. Because all three arguments point to the same conclusion, there is a very strong case for interconnected obligations as part of the solution to global systemic problems—problems that are all too prevalent in our world today. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

The American Journal of Bioethics, Volume 12, Issue 4, Page 15-17, April 2012.

This chapter contains sections titled: Understanding Disability in Relation to Social Justice Cognitive Disabilities and Equality Considering Disability under Conditions of Injustice.

Many problems in environmental ethics are what have been called “global systemic problems,” problems in which what happens in one part of the world affects preservationist efforts elsewhere. Restoration of the Everglades is one such example. If global warming continues, the Everglades may well be flooded within the next quarter to half century and all restoration efforts will be for naught. Yet, the United States government is both pursuing restorationist efforts and withdrawing from the Kyoto Protocol on emissions of greenhouse (...) gases. One aspect of global systemic problems concerns whether there are interconnections between the preservationist obligations of the locals and the duties of others. There are three main lines of arguments for concluding that there are, indeed, interconnected obligations in such cases. First, the consequentialist case for imposing duties on locals assumes that others do not have inconsistent consequentialist obligations. In addition, a related consequentialist case can be made that when problems are systemic, others have positive supportive duties. Second, a weak principle of reciprocity supports the interconnectedness of obligations. Insistence that someone has an obligation that benefits you implies the duty not to act to undermine the efforts of that person to fulfill that obligation. Third, a weak principle of fairness—that it is only fair to expect one person to bear the burdens of producinga collective good if others have obligations to do their cooperative part—supports interconnected obligations with regard to global systemic problems. Because all three arguments point to the same conclusion, there is a very strong case for interconnected obligations as part of the solution to global systemic problems—problems that are all too prevalent in our world today. (shrink)

Pickering et al. argue that judgments of competence should in part be based on the harm that could result from the decision. The centerpiece of their reasoning is that it is inconsistent...

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...) against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

The Novum Organum, (or Novum Organum Scientiarum - "New Instrument of Science"), is a philosophical work by Francis Bacon, originally published in 1620. The title is a reference to Aristotle's work Organon, which was his treatise on logic and syllogism. In Novum Organum, Bacon details a new system of logic he believes to be superior to the old ways of syllogism. This is now known as the Baconian method.

This qualitative study was positioned within an emerging scientific field concerned with the interaction between biblical text and the psychological profile of the preacher. The theoretical framework was provided by the sensing, intuition, feeling and thinking approach to biblical hermeneutics, an approach rooted in reader-perspective hermeneutical theory and in Jungian psychological type theory that explores the distinctive readings of sensing perception and intuitive perception, and the distinctive readings of thinking evaluation and feeling evaluation. The empirical methodology was provided by developing (...) a research tradition concerned with applying the SIFT approach to biblical text. In the present study, a group of 17 Anglican clergy were invited to work in psychological type-alike groups to explore two of the biblical passages identified by Year B of the Revised Common Lectionary for the Feast of Christ the King. Dividing into three workshops, according to their preferences for sensing and intuition, the clergy explored Psalm 93. Dividing into three workshops, according to their preferences for thinking and feeling, the clergy explored John 18:33–37. The rich data gathered from these workshops supported the hypothesis that biblical interpretation and preaching may be shaped by the reader’s psychological type preference and suggested that the passages of scripture proposed for the Feast of Christ the King may be a joy for intuitive thinking types, but a nightmare for sensing feeling types.Contribution: Situated within the reader perspective approach to biblical hermeneutics, the SIFT method is concerned with identifying the influence of the psychological type of the reader in shaping the interpretation of text. Employing this method, the present study contributes to the fields of homiletics and hermeneutics by demonstrating how some readers may struggle more than others to interpret the scripture readings proposed by the lectionary for the Feast of Christ the King. (shrink)

This study explores the connection between dominant psychological type preferences and reader interpretations of biblical texts. Working in type-alike groups, a group of 40 Anglican clergy were invited to employ their strongest function to engage conversation between Mark’s account of Jesus sending out the disciples and the experience of ministry in today’s world. The data supported the hermeneutical theory proposed by the SIFT approach to biblical interpretation and liturgical preaching by demonstrating the four clear and distinctive voices of sensing, intuition, (...) feeling and thinking. (shrink)

This study invited curates and training incumbents attending a 3-day residential programme to function as a hermeneutical community engaging conversation between the Lucan post-resurrection narrative concerning the Road to Emmaus and the learning relationship in which they were engaged. Building on the SIFT approach to biblical hermeneutics the participants were invited to work in type-alike groups, structured first on the basis of the perceiving process and second on the basis of the judging process. This approach facilitated rich and varied insights (...) into the Emmaus Road narrative and into the theme of learning relationships. (shrink)

Psalm 73 is a challenging Psalm in which the Psalmist draws on rich imagery to juxtapose doctrine and experience and to juxtapose the goodness of God with divine retribution. Drawing on data provided by 15 theological educators within the Anglican Diocese of Cyprus and the Gulf, this study tests the thesis that the imagery of Psalm 73 will be perceived differently by sensing types and by intuitive types and that the issue ‘Is God really good to the upright?’ will be (...) judged differently by feeling types and by thinking types. The findings from this study are consistent with the broader hermeneutical theory that the psychological type profile of the reader, in terms of perceiving preference and judging preference, plays a formative part in shaping the interpretation of biblical material.Contribution: Situated within the reader-perspective approach to biblical hermeneutics, the SIFT method is concerned with identifying the influence of the psychological type of the reader in shaping the interpretation of text. The present study demonstrates that this theory holds true for the way in which theological educators read Psalm 73. (shrink)

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

This study is situated within the newly emerging interest in the concept of grace as a legitimate topic for empirical enquiry, and draws on the theoretical framework provided by the SIFT approach to biblical hermeneutics, an approach rooted in reader-perspective hermeneutical theory and in Jungian psychological type theory. Data were draw from two one-day workshops with Anglican Readers (lay ministers). On each occasion the participants were invited to divide into three separate groups according to their preferences for sensing or intuition (...) (the two perceiving functions) and within these groups to explore the messages of grace in Matthew 6: 25–30 (Jesus’ invitation to look at the birds and to consider the lilies). The rich data gathered from these workshops generated insights into contemporary theologies of grace and also confirmed the hypothesis that biblical interpretation is shaped by the reader’s psychological type preference for sensing or for intuition. (shrink)

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

This chapter contains sections titled: Introduction: Liberalism and Inclusiveness Liberalism: Political and Metaphysical Collaborating on Ideas of the Good Powers of Self‐Control Conclusion References.

A persistent paradox apparently infects disability civil rights claims. On the one hand, these rights claims are often understood to apply only to those who are sufficiently impaired in body or in mind to qualify for them because of the disadvantage they endure. On the other hand, asserting significant impairments threatens to undermine the plausibility of these claims as civil rights rather than as welfare for those who are dependent and in need of extra help. Behind this paradox lies a (...) type of categorical understanding of disability civil rights: that disability civil rights are only for those who fall into a category of disability and that this category should be defined in a particular way, in terms of disadvantaging disablement. In this article, I dispel this paradox by deploying a critical analysis of Elizabeth Barnes’s account of physical disability in her recent book, The Minority Body. In her book, Barnes makes the important critical point that disability is not “bad” difference. Instead, she argues that physical disability is a physical condition that the disability rights community is working to promote justice for. I argue that this account fails as a project of ameliorative social metaphysics because it fails to understand the role of impairment in the construction of disability antidiscrimination law. I also argue that her account risks privileging physical disability and is thus problematic as a starting place for examining disability justice. (shrink)

People with cognitive impairments often have difficulties formulating, understanding, or articulating decisions that others judge reasonable. The frequent response shifts decision-making authority to substitutes through advance directives of the person or guardianship orders from a court. The Convention on the Rights of People with Disabilities defends supported decision-making as an alternative to such forms of supplanted decision-making. But supported decision-making raises both metaphysical questions—what is required for a decision to be the person’s own?—and epistemological questions: how do we know what (...) persons judge to be their good, when they have difficulty conceptualizing and articulating? It raises practical questions, too, such as protection against risks of exploitation. This article uses a non-discrimination account of legal personhood drawn from the CRPD to explore how common features of decisions employed by people without cognitive disabilities are important in supported decision-making too. These features include prostheses, guardrails, relationships, and social contexts. (shrink)

A group of 20 Muslim educators participating in an M-level module on Islamic Education were invited to explore their preferences for sensing and intuition. They were then invited to work in three groups to discuss Psalm 73:1–10, specifically addressing two distinctive perceiving questions: What do you see in this description and what ideas does this passage set running in your mind? Clear differences emerged between the ways in which sensing types and intuitive types handled these two questions. The intuitive types (...) relished the opportunity to chase after ideas and to make connections. The sensing types stuck more closely to a literal analysis of the text and felt much less confident in chasing after ideas and making connections. These findings support the thesis that scriptural interpretation is shaped, at least to some extent, by the psychological type preferences of the reader.Contribution: Situated within the reader-perspective approach to biblical hermeneutics, the SIFT method is concerned with identifying the influence of the psychological type of the reader in shaping the interpretation of text. The present study demonstrates that this theory holds true for the way in which Muslim educators read Psalm 73. (shrink)