This article addresses two areas of continuing controversy about consent in clinical research: the question of when consent to low risk research is necessary, and the question of when consent to research is valid. The article identifies a number of considerations relevant to determining whether consent is necessary, chief of which is whether the study would involve subjects in ways that would (otherwise) infringe their rights. When consent is necessary, there is a further question of under what conditions consent is (...) valid or successful in waiving a right. The most influential account of validity conditions is non-moralized, in the sense that the conditions make no essential reference to whether the researcher soliciting consent has obtained it in a way that wrongs the subject. The article examines the implications of this account, and compares it with recent accounts that moralize some of the validity conditions. -/- . (shrink)

New Blackfriars, Volume 103, Issue 1105, Page 322-325, May 2022.

This book is a readers' companion to Simone Weil's The Need for Roots. It includes comprehensive and illuminating essays from recognized Weil scholars from the United States, Canada, England, France, and Germany, addressing the most pressing historical and contemporary aspects of Weil's thought and striking proposals. These include her substituting obligations for rights as the moral basis of society, her critique of our uprootedness and her proposals for rootedness, her critique of our dangerous understanding of greatness, the importance of work (...) for society, and her critique of modern science. This companion reader relies on the latest and most reliable work on the history of the Weil manuscript as provided by French scholars. It is unique in its thorough examination of the book's issues, which center around a spiritual renewal, first of France, but more broadly of western democracies. It includes a comprehensive introduction to the issues important to understanding The Need for Roots. Also included in the appendices are a new translation of Weil's preliminary study of obligations that was meant as an introduction to her work (but always published separately) as well as a translation of an address by Free French leader Andre Philippe-an address that helped set the moral issues that Weil would come to address. The book is both a scholarly contribution to understanding Weil's book and a striking set of conversations about many of the most pressing contemporary issues surrounding the possibilities of a spiritual and moral renewal of Western norms. The ultimate point of this companion is to stress the importance of Weil's The Need for Roots. In a time of clashing ideologies, politics of identity, and a desire, somehow in all that, to find a path to community and a way of respecting all human beings, The Need for Roots is now, more than ever, a timely book and one that needs careful examination and reflection. (shrink)

Trust not only disposes us to feel betrayed, trust can be betrayed. Understanding what a betrayal of trust is requires understanding how trust can ground an obligation on the part of the trusted person to act specifically as trusted. This essay argues that, since trust cannot ground an appropriate obligation where there is no prior obligation, a betrayal of trust should instead be conceived as the violation of a trust-based obligation to respect an already existing obligation. Two forms of trust (...) are evaluated for their potential to ground such a second-order obligation. One form counts as a gift to the trusted person only because it does not involve an expectation of trustworthiness; the other form cannot count as a gift but confers an honor because it does include an expectation of trustworthiness. Only trust that confers an honor generates a second-order obligation whose violation would be a betrayal of trust. -/- . (shrink)

When a patient lacks sufficient capacity to make a certain treatment decision, whether because of deficits in their ability to make a judgement that reflects their values or to make a decision that reflects their judgement or both, the decision must be made by a surrogate. Often the best way to respect the patient’s autonomy, in such cases, is for the surrogate to make a ‘substituted’ judgement on behalf of the patient, which is the decision that best reflects the patient’s (...) values and identity-infused beliefs as they were when the patient last possessed capacity. It is by now well-known that there is troubling evidence that surrogates do only slightly better than chance at making accurate substituted judgements. The use of a patient preference predictor, an algorithm that predicts patient preferences based on characteristics like the patient’s age, gender, socioeconomic status and education level, could help. Rid and Wendler have done important work making a moral case for using the PPP.1 If it were shown to enhance accuracy, it is not at all obvious what objections there could be to its use. Yet several subtle criticisms of the PPP have emerged in the literature. In their feature article, Jardas, Wasserman and Wendler select six of the most prominent objections to the PPP in the literature and defend the PPP against them.2 Along the way they make significant contributions to broader issues concerning the proper uses of statistical evidence and limits on the kinds of preferences there can be reasons of autonomy to respect. Since I found the authors’ answers to the final two objections—that the PPP relies on naked statistical evidence and that it uses non-endorsed reasons—to be especially interesting and provocative, I will examine those answers and raise a few questions about …. (shrink)

Among the various methods of deceit, lying is often thought to be a special affront on the grounds that it invites the victim’s trust. Such an explanation is incomplete without an account of the moral significance of trust. This article distinguishes two morally problematic relations to trust, betrayals and abuses, and, appealing to the idea that we should be grateful to be trusted, attempts to explain these wrongs as violations of distinct demands of gratitude for trust. Only the wrong of (...) abuse, not betrayal, is useful for distinguishing methods of deceit. Although lying commits an abuse of trust, it turns out that it is really the broader category of deceit by means of communication that is special in this way. -/- . (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Deception is a useful methodological device for studying attitudes and behavior, but deceptive studies fail to fulfill the informed consent requirements in the U.S. federal regulations. This means that before they can be approved by Institutional Review Boards, they must satisfy the four regulatory conditions for a waiver or alteration of these requirements. To illustrate our interpretation, we apply the conditions to a recent study that used deception to show that subjects judged the same wine as more enjoyable when they (...) believed it had a higher price. (shrink)

Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)

O'Collins, Gerald Where was Christology, as developed not only by Roman Catholics but also by other Christians, heading when the Second Vatican Council closed on 8 December 1965? Any adequate stocktaking should take note of what was ending and what had already begun and would affect the future path of Christology.

O'Collins, Gerald Different templates are available for assessing where Pope Francis has been leading the church since his election on 13 March 2013. The fiftieth anniversary of the closing of the Second Vatican Council on 8 December 1965 suggests one broad template for interpreting and evaluating the Pope's continuing contribution. It is not that Francis has been beating the drum about the teaching of Vatican II and how he wants to put it into practice. Yet much of what he has (...) already taught and done shows him picking up themes of the council's teaching and taking them further. He is faithful to Vatican II, with a fidelity that is properly creative. (shrink)

O'Collins, Gerald As far as I know, very little research indeed has focused on how particular journals, whether they were scholarly quarterlies, monthlies, or weekly papers, first followed and interpreted the proceedings of the Second Vatican Council and then did the same for the implementation of the council in succeeding years. Beyond question, journals played a subordinate role when compared with the world's bishops and, of course, with the popes and their collaborators in Rome. Nevertheless, Catholic and other journals were (...) and often remain significant in the story of Vatican II's reception. They deserve more historical and theological attention. Let me offer one sample of what I have in mind, the way in which the London 'Tablet' covered the opening session of the council. (shrink)

Despite an enormous amount of literature on St Augustine of Hippo, this work provides the first examination of what he taught about the resurrection of Jesus Christ. Augustine expounded Christ's resurrection in his sermons, letters, Answer to Faustus the Manichean, the City of God, Expositions of the Psalms, and the Trinity. Saint Augustine on the Resurrection of Christ: Teaching, Rhetoric, and Reception explores what Augustine held about the centrality of Christ's resurrection from the dead, the agency of Christ's resurrection, and (...) the nature of his risen existence. Leading scholar, Gerald O'Collins, investigates the impact of his resurrection on others and his mediatory role as the risen High Priest. O'Collins then unpicks Augustine's rhetorical justification for the resurrection of Christ: evidence from creation, human history, and the desires of all human beings. This groundbreaking study illustrates the enduring significance of Augustine's teaching on and apologetic for the resurrection, and updates, augments, and corrects what Augustine held. (shrink)

L'A. présente, décrit et commente le contenu d'un récent ouvrage collectif axé sur la question christologique de la résurrection : The Resurrection : an Interdisciplinary Symposium on the Resurrection of Jesus sous la direction de Stephen T. Davis, Daniel Kendall et Gerald O'Collins . L'intérêt indiscutable de ce colloque est de renouveler la conception de la résurrection du Christ par une approche interdisciplinaire.

During his pontificate John Paul II received the teaching of Nostra Aetate: by interpreting the mystery of human suffering in the light of Christ; by linking religions and cultures; by recognizing the universal activity of the Holy Spirit; by constantly showing his friendship for Jews; by encouraging Catholics to collaborate with all people in the defence of life and all moral values. Nostra Aetate speaks of the revelatory and salvific dimensions of the divine self-communication , and pushes us into confessing (...) Christ not only as universal Saviour but also as universal Revealer. (shrink)

Une Vie de Jésus par Karl Heinrich Venturini développait deux hypothèses : Jésus était en rapport avec les Esséniens, et il avait survécu à la crucifixion. Dans son Geschichte der Leben-Jesu Forschung, A. Schweitzer montre que Venturini a été plagié durant tout le XIXe siècle. Le présent article passe en revue douze auteurs du XXe siècle qui ont reproduit les thèses de Venturini. L'article évalue ensuite de façon critique la dernière version de Venturini, le Jesus and the Riddle of the (...) Dead Sea Scrolls de Barbara Thiering. (shrink)

Dès le Ier siècle, quantité d'objections ont été soulevées contre la foi en l'Incarnation, c'est-a-dire contre le dogme selon lequel le Fils éternel de Dieu a vraiment assumé une existence humaine, pour apporter le salut à l'humanité. L'article examine et répond à certaines des objections soulevées d'un point de vue biblique, théologique et philosophique par une version révisionniste récente de la foi en l'Incarnation, à savoir le livre de John Hick : The Metaphor of God Incarnate.

Après un séminaire international, interdisciplinaire et oecuménique sur la résurrection de Jésus à Pâques 1996 à New York, l'A. et deux autres participants en ont édité les travaux . Depuis, les critiques n'ont cessé de passer du rejet du livre comme «difficile à commenter» et «plutôt décevant» et «avec rien de très neuf à dire» à sa reconnaissance comme «remarquable» ou «la meilleure théologie chrétienne». Ici l'A. engage un dialogue avec quelques-uns des critiques et ajoute des points à l'oeuvre publiée (...) précédemment. (shrink)

Bioethics is the study of ethical issues arising out of advances in the life sciences and medicine. Historically, bioethics has been associated with issues in research ethics and clinical ethics as a result of research scandals such as the Tuskegee Syphilis Study and public debates about the definition of death, medical paternalism, health care rationing, and abortion. As biomedical technologies have advanced, challenging new questions have arisen for bioethics and new sub-disciplines such as neuroethics and public health ethics have entered (...) the scene. This volume features ten original essays on five cutting-edge controversies in bioethics written by leading philosophers. I. Research Ethics: How Should We Justify Ancillary Care Duties? II. Clinical Ethics: Are Psychopaths Morally Accountable? III. Reproductive Ethics: Is There A Solution to the Non-Identity Problem? IV. Neuroethics: What is Addiction and Does It Excuse? V. Public Health Ethics: Is Luck Egalitarianism Implausibly Harsh? S. Matthew Liao and Collin O’Neil’s concise introduction to the essays in the volume, the annotated bibliographies and study questions for each controversy, and the supplemental guide to additional current controversies in bioethics give the reader a broad grasp of the different kinds of challenges in bioethics. (shrink)

A review of the strategic management, policy, information management, and the marketing literature reveals that many large and medium sized companies now collect and use business intelligence. The number of firms engaging in these activities is increasing rapidly.While the whys and hows of this practice have been discussed in the academic and professional literature, the ethics of intelligence gathering have not been adequately discussed in a public forum. This paper is intended to generate discussion by advancing criteria which could be (...) used as the basis for judging actions of those involved in business intelligence and for creating reasonable policies in this sensitive area of practice. (shrink)