Company directors and executives seek legal advice outside the company on a regular basis. This advice is meant to be given within the context of the lawyers’ professional obligations and ethical practise. What clients may not appreciate is there is often a conflict of interest between the lawyers’ professional and ethical concerns and the legal advice business. If lawyers follow their business interests, their advice may be incomplete especially in relation to the ethical consequences of that advice. This could lead (...) to a compromise of the clients’ commercial interests and even raise doubts in relation to the legality of the clients’ proposed course of action. (shrink)

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal (...) ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal of ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies. (shrink)

This article presents a novel set of ten play scenarios for robot-assisted play for children with special needs. This set of scenarios is one of the key outcomes of the IROMEC project that investigated how robotic toys can become social mediators, encouraging children with special needs to discover a range of play styles, from solitary to collaborative play. The target user groups in the project were children with Mild Mental Retardation,1 children with Severe Motor Impairment and children with Autism. The (...) play scenarios were developed against specific educational and therapeutic objectives that were discussed with panels of experts in various countries, during several user panel meetings for each of the above mentioned target user groups. These objectives were classified with reference to the ICF-CY, the International Classification of Functioning – version for Children and Youth. The article presents a detailed description of the play scenarios, each with its relevant educational and therapeutic objectives in five key developmental areas. While the play scenarios described in this paper originally were developed for and tested with the above user groups and with the IROMEC robot, the play scenarios can potentially be applied to other user groups and to a wide range of other applications involving human-robot interaction using different robotic toys. Keywords: human-robot interaction; assistive technology; play scenarios; autism; mild mental retardation; sever motor impairment; assisted play. (shrink)

The use of social media as a recruitment tool for research with humans is increasing, and likely to continue to grow. Despite this, to date there has been no specific regulatory guidance and there has been little in the bioethics literature to guide investigators and institutional review boards faced with navigating the ethical issues such use raises. We begin to fill this gap by first defending a nonexceptionalist methodology for assessing social media recruitment; second, examining respect for privacy and investigator (...) transparency as key norms governing social media recruitment; and, finally, analyzing three relatively novel aspects of social media recruitment: the ethical significance of compliance with website “terms of use”; the ethics of recruiting from the online networks of research participants; and the ethical implications of online communication from and between participants. Two checklists aimed at guiding investigators and IRBs through the ethical issues are included as appendices. (shrink)

George Yancy gathers white scholarship that dwells on the experience of whiteness as a problem without sidestepping the question’s implications for Black people or people of color. This unprecedented reversion of the “Black problem” narrative challenges contemporary rhetoric of a color-evasive world in a critically engaging and persuasive study.

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

In this article, I trouble the pedagogical practice of comforting discomfort in the social-justice classroom. Is it possible to support white students, for instance, and not comfort them? Is it possible to support white students without recentering the emotional crisis of white students, without disregarding the needs and interests of students of color, and without reproducing the violence that students of color endure? First I address the dangers of comforting discomfort and discuss Robin DiAngelo's notion of white fragility, which (...) has been used to explain the tendency of white people to flee discomfort rather than tarry with it. Employing Erinn Gilson's work on vulnerability, I argue that white fragility is not a weakness but an active performance of invulnerability. I conclude by arguing that developing vulnerability is a counter to white fragility, and that one way such vulnerability can be encouraged is through offering critical hope, which I maintain is a type of support that does not comfort. (shrink)

An extended analysis and account of the psychological/social/cognitive dynamics of intellectual controversy. The immediate focus is the recurrent failure of intellectual engagement, in encounters having to do with with truth, knowledge, language, science, and/or objectivity, between, on the one hand, rationalist-realist-objectivist philosophers and/or those they have instructed and, on the other hand, constructivist-pragmatist ("postmodern") theorists and/or those persuaded by their critiques and/or alternative views. Individual chapters examine critiques and defenses of objectivist-rationalist views in law, politics, literary studies, ethics, communication theory, (...) and philosophy of science. Theorists whose views are discussed critically at some length include legal scholar Robin West and philosophers Jürgen Habermas, Karl-Otto Apel, and Philip Kitcher. (shrink)

Why do feminist philosophers read Kant? Because of his misogyny and his disdain for the body, Barbara Herman has described Kant as the modern moral philosopher whom feminists find most objectionable. But that unhappy status alone would not justify a separate entry on Kant in this volume. Immanuel Kant is the figure in modern philosophy who most clearly articulates the Enlightenment program that reason is the vehicle for humanity's progress towards emancipation from unjust authority, a program that epitomizes the (...) self‐understanding of the Western culture of modernity. Kant's paradigm of objectivity, which formalizes the universal and necessary conditions for knowledge, provides a philosophical justification for the view that cognitive and moral judgments must be disinterested and impartial. This assumption about the impartiality of knowledge is deeply entrenched in academic disciplines. The quest for objectivity undergirds prevailing methodologies in the natural and social sciences as well as in philosophy. The assumption that knowledge is impartial informs the practices of daily life as well – e.g., in how one evaluates newspaper reporting or jury decisions. Feminist philosophers seek to come to terms with these features of modernity. They debate whether Enlightenment conceptions of progress and rationality offer tools for women's emancipation and empowerment, or whether this philosophical inheritance itself has contributed to the historical subordination of women in Western society. (shrink)

The syllogistic mnemonic known by its first two words Barbara Celarent introduced a constellation of terminology still used today. This concatenation of nineteen words in four lines of verse made its stunning and almost unprecedented appearance around the beginning of the thirteenth century, before or during the lifetimes of the logicians William of Sherwood and Peter of Spain, both of whom owe it their lasting places of honor in the history of syllogistic. The mnemonic, including the theory or theories (...) it encoded, was prominent if not dominant in syllogistics for the next 700 years until a new paradigm was established in the 1950s by the great polymath Jan Łukasiewicz, a scholar equally at home in philosophy, classics, mathematics, and logic. Perhaps surprisingly, the then-prominent syllogistic mnemonic played no role in the Łukasiewicz work. His 1950 masterpiece does not even mention the mnemonic or its two earliest champions William and Peter. The syllogistic mnemonic is equally irrelevant to the post-Łukasiewicz paradigm established in the 1970s and 1980s by John Corcoran, Timothy Smiley, Robin Smith, and others. Robin Smith’s comprehensive 1989 treatment of syllogistic does not even quote the mnemonic’s four verses. Smith’s work devotes only 2 of its 262 pages to the mnemonic. The most recent translation of Prior Analytics by Gisela Striker in 2009 continues the post-Łukasiewicz paradigm and accordingly does not quote the mnemonic or even refer to the code—although it does use the terminology. Full mastery of modern understandings of syllogistic does not require and is not facilitated by ability to decode the mnemonic. Nevertheless, an understanding of the history of logic requires detailed mastery of the syllogistic mnemonic, of the logical theories it spawned, and of the conflicting interpretations of it that have been offered over the years by respected logicians such as De Morgan, Jevons, Keynes, and Peirce. More importantly, an understanding of the issues involved in decoding the mnemonic might lead to an enrichment of the current paradigm—an enrichment so profound as to constitute a new paradigm. After presenting useful expository, bibliographic, hermeneutic, historical, and logical background, this paper gives a critical exposition of Smith’s interpretation. (shrink)

Alex Byrne’s article, “Are Women Adult Human Females?”, asks a question that Byrne treats as nearly rhetorical. Byrne’s answer is, ‘clearly, yes’. Moreover, Byrne claims, 'woman' is a biological category that does not admit of any interpretation as (also) a social category. It is important to respond to Byrne’s argument, but mostly because it is paradigmatic of a wider phenomenon. The slogan “women are adult human females” is a political slogan championed by anti-trans activists, appearing on billboards, pamphlets, and anti-trans (...) online forums. In this paper, I respond to Byrne’s argument, revealing significant problems with its background assumptions, content, and methodology. (shrink)

In her provocative discussion of the challenge posed to the traditional impartialist, justice-focused conception of morality by the new-wave care perspective in ethics, Annette Baier calls for ‘a “marriage” of the old male and newly articulated female... moral wisdom,’ to produce a new ‘cooperative’ moral theory that ‘harmonize[s] justice and care.’ I want in this paper to play matchmaker, proposing one possible conjugal bonding: a union of two apparently dissimilar modes of what Nel Noddings calls ‘meeting the other morally,’ a (...) wedding of respect and care. (shrink)

Science is not a great way to make money, or these days, even a job. But there are great riches in it, and in this book too. Tim Bradford, 'New Scientist'.

In 1928, Friedrich Solmsen argued that Aristotle'sPosterior Analyticswas largely composed before thePrior Analytics. Ross rejected Solmsen's position in 1939, and a rather lengthy series of rebuttals and counter-attacks between the two scholars followed. Quite recently, Jonathan Barnes has revived this issue with arguments in favour of something very close to Solmsen's thesis: that Aristotle first developed a theory of demonstration (‘apodeictic’) before he had worked out the syllogistic, and that thePosterior Analyticswas originally conceived against this background. Subsequently, when Aristotle formulated (...) a syllogistic, he is supposed by Barnes to have revised or added to the contents of thePosterior Analyticsso as to make syllogistic the logic of Aristotelian science. Thus, Barnes says: ‘the syllogism is in fact an incidental adjunct to the theory of demonstration: the theory can be formulated without reference, explicit or implicit, to Syllogistic, and itcould havebeen discovered by someone who knew nothing whatever about the Syllogism’ (pp. 33–4). (shrink)

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard liberal model, while providing (...) a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

The prototypes of definiteness and indefiniteness in English are the definite article the and the indefinite article a/an, and singular noun phrases (NPs)1 determined by them. That being the case it is not to be predicted that the concepts, whatever their content, will extend satisfactorily to other determiners or NP types. However it has become standard to extend these notions. Of the two categories definites have received rather more attention, and more than one researcher has characterized the category of definite (...) NPs by enumerating NP types. Westerståhl (1985), who is concerned only with determiners in the paper cited, gives a very short list: demonstrative NPs, possessive NPs, and definite descriptions. Prince (1992) lists proper names and personal pronouns, as well as NPs with the, a demonstrative, or a possessive NP as determiner. She notes, in addition, that “certain quantifiers (e.g. all, every) have been argued to be definite” (Prince 1992: 299). This list, with the quantifiers added, agrees with that given by Birner & Ward (1998, 114). Ariel (1988, 1990) adds null anaphoric NPs. (shrink)

Within the relevant semantics and pragmatics literature the terms “presupposition” and “conventional implicature” are used in a variety of different, but frequently overlapping, ways. The overlaps are perhaps not surprising, given that the two categories of conveyed meaning share the property of remaining constant in the scope of other operators—the property usefully characterize as projectivity. One of my purposes in this paper will be to try to clarify these different usages. In addition to that we will explore two additional properties (...) which are shared by some of these projective contents—strong contextual felicity, and neutralizability. The idea is to try to explain all three properties by taking into account information packaging. (shrink)

Background While most countries that allow abortion on women’s request also grant physicians a right to conscientious objection (CO), this has proven to constitute a potential barrier to abortion access. Conscientious objection is regarded as an understudied phenomenon the effects of which have not yet been examined in Germany. Based on expert interviews, this study aims to exemplarily reconstruct the processes of abortion in a mid-sized city in Germany, and to identify potential effects of conscientious objection. Methods Five semi-structured interviews (...) with experts from all instances involved have been conducted in April 2020. The experts gave an insight into the medical care structures with regard to abortion procedures, the application and manifestations of conscientious objection in medical practice, and its impact on the care of pregnant women. A content analysis of the transcribed interviews was performed. Results Both the procedural processes and the effects of conscientious objection are reported to differ significantly between early abortions performed before the 12th week of pregnancy and late abortions performed at the second and third trimester. Conscientious objection shows structural consequences as it is experienced to further reduce the number of possible providers, especially for early abortions. On the individual level of the doctor-patient relationship, the experts confirmed the neutrality and patient-orientation of the vast majority of doctors. Still, it is especially late abortions that seem to be vulnerable to barriers imposed by conscientious objection in individual medical encounters. Conclusion Our findings indicate that conscientious objection possibly imposes barriers to both early and late abortion provision and especially in the last procedural steps, which from an ethical point of view is especially problematic. To oblige hospitals to partake in abortion provision in Germany has the potential to prevent negative impacts of conscientious objection on women’s rights on an individual as well as on a structural level. (shrink)

This article draws insights from a case study examining unanswered health questions of residents in two polluted towns in an industrial region in southern France. A participatory health study, as conducted by the author, is presented as a way to address undone science by providing the residents with relevant data supporting their illness claims. Local residents were included in the health survey process, from the formulation of the questions to the final data analysis. Through this strongly participatory science process, the (...) townspeople offered many creative ideas in the final report for how the data could be used to assist in improving their health and environment and policy work is already in evidence, resulting from the study. Drawing from the literature on participatory science and expertise as well as from the initial outcomes of the local health study, I propose that SPS produces a form of knowledge justice. Understanding knowledge and its making as part of a social justice agenda aligns well with environmental justice frames. Through SPS, local residents have a hermeneutical resource to make sense of their embodied lives and augment their claims with strong data supporting actions for improving their health and environment. (shrink)

The phrase "natural kind term" has come into the linguistic and philosophical literature in connection with well-known work of Kripke (1972) and Putnam (1970, 1975a). I use that phrase here in the sense it has acquired from those and subseqnent works on related topics. This is not the transparent sense of the phrase. That is, if I am right in what follows there are words for kinds of things existing in nature which are not natural kind terms in the current (...) sense - e.g. planet, woman, and weed. I use the term "nondescriptional", following Salmon (1981), to mean "lacking a Fregean sense", where a Fregean sense is taken to be a property or group of properties semantically associated with an expression which determines its denotation. I hope that the term "nondescriptional" will be clarified in subsequent discussion, but perhaps a few words about it and its opposite, "descriptional", would be useful here. These terms (as Salmon notes (p.15, n. 11)) should be taken as technical terms. The idea is that descriptional words, of which bachelor is the overwhelmingly favorite example, express a semantic content, or sense, which is what mediates their denotation. Entities fall in their denotation in virtue of possessing the property or properties expressed as their sense. (It is not necessary, however, that this sense be as easily paraphrasable with descriptive synonyms as it is typically held to be in the case of bachelor, or even that it be paraphrasable at all.) In the case of nondescriptional words there is no Fregean sense to mediate the link between word and object. Hence such terms are described by what Salmon, following Kaplan, calls "the theory of direct reference". What it is that does associate such terms with their denotations is another question which will be touched on briefly at the end. I have several aims in this paper. The first is to defend a conservative position on nondescriptionality. I will argue that relatively few natural language words have this property. My other aims are primarily clarificatory. Among the issues I would like to clarify are those connected with the determination of this property and flae explanation of why it exists, its relationship with other properties such as rigid designation and essentiality, and its significance for lexical semantics. The organization of the paper is as follows. The first section identifies the position taken here on the question of which expressions are nondescriptional and provides a general defense of it. The second section is a critical examination of criteria associated with nondescriptionality. In the third section provide further defense for the conservative position, and in the fourth section we turn to related issues in lexical semantics. (shrink)

When the social sciences parted company from evolutionary biology almost exactly a century ago, they did so at a time when evolutionary biology was still very much in its infancy and many key issues were unresolved. As a result, the social sciences took away with them an understanding of evolution that was in fact based on 18th- rather than 19th-century biology. I argue that contemporary evolutionary thinking has much more to offer the social sciences than most people have assumed. Contemporary (...) evolutionary research on human behaviour focuses on two main issues at the micro-social scale: understanding the trade-offs in individual decision-making and understanding the cognitive constraints that limit flexibility of decisions. I offer examples of both of these approaches. Finally, I consider the broader question of the macro-social scale. (shrink)

This article reports some findings from a study of verbal interaction from sittings between members of the public and mediums: people who claim to be able to talk to the dead on behalf of the living. Instead of trying to debunk the ontological status of the mediums' claimed powers and the existence of the afterlife, the article examines mediums' discourse as a form of institutional interaction. It focuses on instances in which mediums report the words of their spirit contacts in (...) their sittings with clients. It is argued that this is a key practice by which mediums establish the basis of a favourable assessment of the authenticity of their powers. The analysis examines the recurrent organizational properties of utterances in which the spirits' words are introduced into the sitting, and describes some of the inferential or rhetorical tasks addressed by these reports. (shrink)

Background Citizen science and models for public participation in health research share normative ideals of participation, inclusion, and public and patient engagement. Academic researchers collaborate in research with members of the public involved in an issue, maximizing all involved assets, competencies, and knowledge. In citizen science new ethical issues arise, such as who decides, who participates, who is excluded, what it means to share power equally, or whose knowledge counts. This article aims to present an ethics framework that offers a (...) lens of understanding and heuristic guidelines to deal with ethical issues in citizen science. -/- Methods We conducted seven case studies between 2015 and 2021 to attune and validate the ethics framework for the context of citizen science. The cases related to studies with older adults, people with a psychiatric vulnerability, people dependent on community care, people who are unemployed or living in poverty or both, and young adults with respiratory disease. -/- Results Ethics in citizen science reaches beyond the ethical issues in traditional biomedical and health research. It entails more than following procedures about informed consent and privacy and submitting a proposal to a Medical Research Ethics Committee. Ethics in citizen science relates to everyday ethical issues during the study, including relational and moral complexities concerning collaboration, sharing power, and democratic decision-making. Dealing with these issues requires ethics work of researchers. This entails seeing ethically salient issues and reflecting on everyday ethical issues. Ethics work consists of seven features: framing work, role work, emotion work, identity work, reason work, relationship work, and performance work. All are relevant for researchers in citizen science. -/- Conclusions Ethical issues in citizen science often relate to power differentials, partnership, and collaboration between academics and non-academics. The ethics framework prepares researchers for the work needed in citizen science to act responsibly and offers a heuristic guide to reflect on ethics. Reflection on ethics is a pathway towards ethical citizen science, especially if researchers collaboratively reflect in partnership with non-academics who are subject to the moral issue. (shrink)

It is generally thought that truthmaking has to be an internal relation because if it weren’t, then, as David Armstrong argues, “everything may be a truthmaker for any truth”. Depending on whether we take an internal relation to be one that is necessitated by the mere existence of its terms or one that supervenes on the intrinsic properties of its relata, the truthbearers involved in the truthmaking relation must either have their contents essentially or intrinsically. In this paper, I examine (...) Armstrong’s account, according to which what is made true at the fundamental level are mental state tokens. The conclusion is reached that such tokens have their contents neither essentially nor intrinsically, and so, are simply the wrong kind of entities to be made true internally. (shrink)