This article explores stories related by perioperative nurses when asked to describe ethical judgements and subsequent actions that affected patient outcomes. A total of 214 patient care situations were analysed for moral actions taken and moral outcomes achieved in the perioperative arena. Content analysis of the patient care situations revealed a wide variety of ethical issues. Concerns about informed consent and quality of care were the most frequently identified issues. Respondents reported that 7% of patients underwent unwanted procedures and that (...) positive moral outcomes were achieved in 65% of situations. It is of concern that, despite the fact that more than two-thirds (69%) of the respondents reported undergoing ethics education, only 27% could relate a story of an ethical situation. (shrink)
This study uses accounting professionals from an international setting to test the individualism and power distance cultural dimensions developed by Hofstede [Culture’s Consequences (Sage Publications, Beverly Hills, CA) 1980]. Six countries, which appropriately represented high and low values on the Hofstede dimensions, were chosen for the survey of ethical beliefs. Respondents (n = 249) from the six countries were requested to supply their agreement/disagreement with eight questionable behaviors associated with the work environment. Each of these behaviors contained an individualism and/or (...) power distance cultural component for the responding accountants to consider. The results of the cultural analysis indicated significance on five of the eight survey items. Results lend support for the presence of the individualism cultural element in the ethical responses of the accountants surveyed. (shrink)
The use of Big Data—however the term is defined—involves a wide array of issues and stakeholders, thereby increasing numbers of complex decisions around issues including data acquisition, use, and sharing. Big Data is becoming a significant component of practice in an ever-increasing range of disciplines; however, since it is not a coherent “discipline” itself, specific codes of conduct for Big Data users and researchers do not exist. While many institutions have created, or will create, training opportunities to prepare people to (...) work in and around Big Data, insufficient time, space, and thought have been dedicated to training these people to engage with the ethical, legal, and social issues in this new domain. Since Big Data practitioners come from, and work in, diverse contexts, neither a relevant professional code of conduct nor specific formal ethics training are likely to be readily available. This normative paper describes an approach to conceptualizing ethical reasoning and integrating it into training for Big Data use and research. Our approach is based on a published framework that emphasizes ethical reasoning rather than topical knowledge. We describe the formation of professional community norms from two key disciplines that contribute to the emergent field of Big Data: computer science and statistics. Historical analogies from these professions suggest strategies for introducing trainees and orienting practitioners both to ethical reasoning and to a code of professional conduct itself. We include two semester course syllabi to strengthen our thesis that codes of conduct can be harnessed to support the development of ethical reasoning in, and a sense of professional identity among, Big Data practitioners. (shrink)
This study uses accounting professionals from an international setting to test the individualism and power distance cultural dimensions developed by Hofstede [Culture's Consequences 1980]. Six countries, which appropriately represented high and low values on the Hofstede dimensions, were chosen for the survey of ethical beliefs. Respondents from the six countries were requested to supply their agreement/disagreement with eight questionable behaviors associated with the work environment. Each of these behaviors contained an individualism and/or power distance cultural component for the responding accountants (...) to consider. The results of the cultural analysis indicated significance on five of the eight survey items. Results lend support for the presence of the individualism cultural element in the ethical responses of the accountants surveyed. (shrink)
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)
This research presents findings from a study of gender-based differences in an ethical decision situation. The study focuses on gender as it relates to situational factors and accounting experience. The primary element of interest is how the gender of the actor (the person described in each vignette) influences the evaluation/assessment of the ethical/unethical decisions. While previous research has provided evidence of ethical differences relating to the gender of the responding subjects, limited evidence has been presented relating to situational issues that (...) may influence assessments of ethical decisions.This research uses four accounting environment vignettes to survey the responses of accountants and accounting students to the ethical/unethical nature of the actions that are taken. In addition, how likely the accountants believe they are to take the same actions is also surveyed. The subjects are a representative sample of practicing accountants in the U.S. and senior/graduate accounting majors at a state university in the southwestern United States. (shrink)
This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of Waldron's (...) claim that individuals are entitled to participate in decisions which affect their lives. Furthermore, I respond to his claim that justifications of constitutional judicial review rely on an objectionable distrust of democratic politics, and is inconsistent with a view of the person as a morally responsible, autonomous agent. Finally, I seek to show that judicial review can itself become a valuable channel of political participation, especially for those who are marginalized and disempowered in the normal political process. (shrink)
Current advances in connectivity, sensor technology, computing power and the development of complex algorithms for processing health-related data are paving the way for the delivery of innovative long-term health care services in the future. Such technological developments will, in particular, assist the elderly and infirm to live independently, at home, for much longer periods. The home is, in fact, becoming a locus for health care innovation that may in the future compete with the hospital. However, along with these advances come (...) valid privacy and security questions arising from the fact that the data collected and transmitted through these technologies could also allow for individual monitoring as well as unauthorized access to critical diagnostic and other health data. (shrink)
In The New Commonwealth Model of Constitutionalism Stephen Gardbaum defends a model of constitutionalism in which courts can review legislation for compliance with rights, but the legislature is given ‘the legislative last word’. Gardbaum argues that this new model offers a solution to the counter-majoritarian difficulty, and provides a stable, distinct and appealing ‘third way’ between the model of judicial supremacy on the one hand and legislative supremacy on the other. This review argues that the hope of solving the counter-majoritarian (...) difficulty by giving the legislature ‘the legislative last word’ has not been realised in practice, thus casting doubt on the stability and distinctiveness of the new model. It argues, further, that, by looking at the new model through the lens of the last word, Gardbaum obscures and overlooks key features of rights-based review in ‘new model’ systems—features which they share with the models of judicial and legislative supremacy he takes as his foils. (shrink)
What was once the factory is now the university. As deindustrialization spreads and the working class is decentralized, new means of social resistance and political activism need to be sought in what may be the last places where they are possible: the university and the art world. Gerald Raunig's new book analyzes the potential that cognitive and creative labor has in these two arenas to resist the new regimes of domination imposed by cognitive capitalism. Drawing on Gilles Deleuze's concept of (...) "modulation" as the market-driven imperative for the constant transformation and reinvention of subjectivity, in Factories of Knowledge, Industries of Creativity, Raunig charts alternative horizons for resistance. Looking at recent social struggles including the university strikes in Europe, the Spanish ¡Democracia real YA! organization, the Arab revolts, and the Occupy movement, Raunig argues for a reassessment of the importance of cultural and knowledge production. The central role of the university, he asserts, is not as a factory of knowledge but as a place of creative disobedience. (shrink)
In this article we use a hybrid methodology to better understand the skilful performance of sports teams as an exemplar of distributed cognition. We highlight key differences between a team of individual experts and an expert team, and outline the kinds of shared characteristics likely to be found in an expert team. We focus on the way that shared knowledge contributes to expert team performance. In particular, we suggest that certain kinds of shared knowledge and shared skill, potentially developed through (...) a team’s history of playing and training together, facilitate successful coordination. These kinds of shared knowledge and skill may be less developed in a team of experts without a shared history. Exploring the expert performance of sports teams informs our understanding of distributed cognition and collaboration more generally and creates avenues for further philosophical and empirical investigation. (shrink)
There is no satisfactory account for the general phenomenon of confabulation, for the following reasons: (1) confabulation occurs in a number of pathological and non-pathological conditions; (2) impairments giving rise to confabulation are likely to have different neural bases; and (3) there is no unique theory explaining the aetiology of confabulations. An epistemic approach to defining confabulation could solve all of these issues, by focusing on the surface features of the phenomenon. However, existing epistemic accounts are unable to offer sufficient (...) conditions for confabulation and tend to emphasise only its epistemic disadvantages. In this paper, we argue that a satisfactory epistemic account of confabulation should also acknowledge those features which are (potentially) epistemically advantageous. For example, confabulation may allow subjects to exercise some control over their own cognitive life which is instrumental to the construction or preservation of their sense of self. (shrink)
Some photographs, more than mere representations, are ethical commands, calling us to respond to human suffering. Photos of Abu Graib, like iconic photos of Vietnam, called us to a posture of care, and confronted us with ourselves, with our national domination, and with how we represent ourselves to the world. This article, drawing on Kittay (1999), Butler (2004), and Levinas (1961, 1974, 1985), attempts to untangle the relation among care, domination, and representation. Implications for philosophers and journalists are suggested.
This first full-length study of the Arabic reception of Plato's Timaeus considers the role of Galen of Pergamum in shaping medieval perceptions of the text as transgressing disciplinary norms. It argues that Galen appealed to the entangled cosmological scheme of the dialogue, where different relations connect the body, soul, and cosmos, to expand the boundaries of medicine in his pursuit for epistemic authority – the right to define and explain natural reality. Aileen Das situates Galen's work on disciplinary boundaries (...) in the context of medicine's ancient rivalry with philosophy, whose professionals were long seen as superior knowers of the cosmos vis-à-vis doctors. Her case studies show how Galen and four of the most important Christian, Muslim, and Jewish thinkers in the Arabic Middle Ages creatively interpreted key doctrines from the Timaeus to reimagine medicine and philosophy as well as their own intellectual identities. (shrink)
Clinical delusions are difficult to investigate in the laboratory because they co-occur with other symptoms and with intellectual impairment. Partly for these reasons, researchers have recently begun to use hypnosis with neurologically intact people in order to model clinical delusions. In this paper we describe striking analogies between the behavior of patients with a clinical delusion of mirrored self misidentification, and the behavior of highly hypnotizable subjects who receive a hypnotic suggestion to see a stranger when they look in the (...) mirror. Based on these analogies, we argue that the use of hypnosis is a reliable method to investigate the surface features of clinical delusions. But to what extent can hypnosis successfully recreate delusions? Can it also contribute to a better understanding of delusion formation? Although clinical delusions and hypnotically induced beliefs are different in etiology, some analogies can be identified in the underlying processes that characterise them, based on the two-factor theory of delusion formation. (shrink)
Although ethics is an essential component of undergraduate medical education, research suggests current medical ethics curricula face considerable challenges in improving students’ ethical reasoning. This paper discusses these challenges and introduces a promising new mode of graduate and professional ethics instruction for overcoming them. We begin by describing common ethics curricula, focusing in particular on established problems with current approaches. Next, we describe a novel method of ethics education and assessment for medical students that we have devised, the Medical Ethics (...) Bowl. Finally, we suggest pedagogical advantages to MEBs when compared to other ethics curricula. (shrink)
Morality has two key features: moral judgments are not solely determined by what your group thinks, and moral judgments are often applied to members of other groups as well as your own group. Cooperative motives do not explain how young children reject unfairness, and assert moral obligations, both inside and outside their groups. Resistance and experience with conflicts, alongside cooperation, is key to the emergence and development of moral obligation.
Developmental perspectives on prejudice provide a fundamental and important key to the puzzle for determining how to address prejudice. Research with historically disadvantaged and advantaged groups in childhood and adolescence reveals the complexity of social cognitive and moral judgments about prejudice, discrimination, bias, and exclusion. Children are aware of status and hierarchies, and often reject the status quo. Intervention, to be effective, must happen early in development, before prejudice and stereotypes are deeply entrenched.