The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The (...) legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)

This article considers the claim that gender diverse minors and their families should not be able to consent to hormonal treatment for gender dysphoria. The claim refers particularly to hormonal treatment with so-called ‘blockers’, analogues that suspend temporarily pubertal development. We discuss particularly four reasons why consent may be deemed invalid in these cases: the decision is too complex; the decision-makers are too emotionally involved; the decision-makers are on a ‘conveyor belt’; the possibility of detransitioning. We examine each of these (...) reasons and we show that none of these stand up to scrutiny, and that some are based on a misunderstanding of the nature and purposes of this stage of treatment and of the circumstances in which it is usually prescribed. Moreover, accepting these claims at face value could have serious negative implications, not just for gender diverse youth, but for many other minors and families and in a much broader range of healthcare settings. (shrink)

The question of if, and under what conditions transsexuals should be allowed to participate in sports in their acquired sex is becoming increasingly relevant partly because the number of transsexuals is increasing partly because many countries now provide mechanisms for achieving legal recognition as belonging to the new acquired sex. This paper develops (1) an analysis of the justification for maintaining sex segregation in some sports and (2) an account of the rights of transsexuals to be recognised in their new (...) sex. On the basis of these two analyses it critically evaluates two set of rules for the participation of transsexuals in elite sports: the UK guidelines issued in pursuance of the Gender Recognition Act 2004 and the International Olympic Committee's guidelines. It is argued that these guidelines are conflicting and that a modified set of criteria is more justifiable. (shrink)

This paper considers the relation between medical ethics (ME) and common morality (CM), professional norms, and moral philosophy. It proceeds by analyzing two recent book-length critical analyses of this relationship by Bob Baker in “The Structure of Moral Revolutions—Studies of Changes in the Morality of Abortion, Death, and the Bioethics Revolution” and Rosamond Rhodes in “The Trusted Doctor—Medical Ethics and Professionalism.” It argues that despite the strengths of these critical arguments, there is nevertheless a relationship between ME, understood as the (...) professional ethics of the healthcare professions, and both CM and moral philosophy. It also argues that ME cannot and should not be understood purely as the internally developed professional norms of the medical or healthcare professions. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In this article we provide an in-depth description of a new model of informed consent called ‘meta consent’ and consider its practical implementation. We explore justifications for preferring meta consent over alternative models of consent as a solution to the problem of secondary use of health data for research. We finally argue that meta consent strikes an appropriate balance between enabling valuable research and protecting the individual.

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed (...) an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

First published in Great Britain in 1948, this book examines the definition of goodness as being distinct from the question of What things are good? Although less immediately and obviously practical, Dr. Ewing argues that the former question is more fundamental since it raises the issue of whether ethics is explicable wholly in terms of something else, for example, human psychology. Ewing states in his preface that the definition of goodness needs to be confirmed before one decides on the place (...) value is to occupy in our conception of reality or on the ultimate characteristics which make one action right and another wrong. This book discusses these issues. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

In an analysis of artificially intelligent systems for medical diagnostics and treatment planning we argue that patients should be able to exercise a right to withdraw from AI diagnostics and treatment planning for reasons related to (1) the physician’s role in the patients’ formation of and acting on personal preferences and values, (2) the bias and opacity problem of AI systems, and (3) rational concerns about the future societal effects of introducing AI systems in the health care sector.

BackgroundThe areas of Research Ethics (RE) and Research Integrity (RI) are rapidly evolving. Cases of research misconduct, other transgressions related to RE and RI, and forms of ethically questionable behaviors have been frequently published. The objective of this scoping review was to collect RE and RI cases, analyze their main characteristics, and discuss how these cases are represented in the scientific literature.MethodsThe search included cases involving a violation of, or misbehavior, poor judgment, or detrimental research practice in relation to a (...) normative framework. A search was conducted in PubMed, Web of Science, SCOPUS, JSTOR, Ovid, and Science Direct in March 2018, without language or date restriction. Data relating to the articles and the cases were extracted from case descriptions.ResultsA total of 14,719 records were identified, and 388 items were included in the qualitative synthesis. The papers contained 500 case descriptions. After applying the eligibility criteria, 238 cases were included in the analysis. In the case analysis, fabrication and falsification were the most frequently tagged violations (44.9%). The non-adherence to pertinent laws and regulations, such as lack of informed consent and REC approval, was the second most frequently tagged violation (15.7%), followed by patient safety issues (11.1%) and plagiarism (6.9%). 80.8% of cases were from the Medical and Health Sciences, 11.5% from the Natural Sciences, 4.3% from Social Sciences, 2.1% from Engineering and Technology, and 1.3% from Humanities. Paper retraction was the most prevalent sanction (45.4%), followed by exclusion from funding applications (35.5%).ConclusionsCase descriptions found in academic journals are dominated by discussions regarding prominent cases and are mainly published in the news section of journals. Our results show that there is an overrepresentation of biomedical research cases over other scientific fields compared to its proportion in scientific publications. The cases mostly involve fabrication, falsification, and patient safety issues. This finding could have a significant impact on the academic representation of misbehaviors. The predominance of fabrication and falsification cases might diverge the attention of the academic community from relevant but less visible violations, and from recently emerging forms of misbehaviors. (shrink)

OBJECTIVES: To study whether linguistic analysis and changes in information leaflets can improve readability and understanding. DESIGN: Randomised, controlled study. Two information leaflets concerned with trials of drugs for conditions/diseases which are commonly known were modified, and the original was tested against the revised version. SETTING: Denmark. PARTICIPANTS: 235 persons in the relevant age groups. MAIN MEASURES: Readability and understanding of contents. RESULTS: Both readability and understanding of contents was improved: readability with regard to both information leaflets and understanding with (...) regard to one of the leaflets. CONCLUSION: The results show that both readability and understanding can be improved by increased attention to the linguistic features of the information. (shrink)

In a recent article in the Journal of Medical Ethics, Neil Manson sets out to show that the meta-consent model of informed consent is not the solution to perennial debate on the ethics of biobank participation. In this response, we shall argue that Manson’s considerations on the costs of a meta-consent model are incomplete and therefore misleading; his view that a model of broad consent passes a threshold of moral acceptability rests on an analogy that misconstrues how biobank research is (...) actually conducted and a model of meta-consent is more in tune with the nature of biobank research and enables autonomous choice. (shrink)

In the United Kingdom, there are moves to extend formal ethical review of research involving human subjects beyond the traditional oversight by NHS local or multi-centre research ethics committees of medical or clinical research, to also encompass all ‘non-clinical’ research involving human subjects. This paper describes and analyses the development and implementation of a model for ethical review within the university sector. At Cardiff University, a devolved or two-tiered system of ethics review has been created in which a top-level university (...) research ethics committee provides policy advice to and oversight of school-based research ethics committees that engage in formal ethics review of research conducted in their respective schools. We describe the system and reflect on the challenges and benefits of implementing such a coordinated and comprehensive university-wide system of ethics review. (shrink)

This paper discusses the use of the Milgram obedience experiments and the Tuskegee syphilis study in the bioethical literature. The two studies are presented and a variety of uses of them identified and discussed. It is argued that the use of these studies as paradigms of problematic research relies on a reduction of their complexity. What is discussed is thus often constructions of these studies that are closer to hypothetical examples than to the real studies.

Jean-Jacques Rousseau's main work in political philosophy, the _Social Contract_, contains two beginnings; on the one hand, it commences, quite conventionally, with a social contract between individuals, on the other hand it also states that a lawmaker needs to precede the agreement of such a contract. This curious co-existence of two beginnings in the text has usually been ignored or played down by interpreters. This article, on the other hand, presents a reading of their interplay inspired by Zizek's theory of (...) ideology. It demonstrates how one of the beginnings, if seen from this point of view, may be understood as the truth about the other, and how the figure of the lawmaker specifically reveals the text as torn apart by contradictory internal tendencies. (shrink)

In this response to Neil Manson’s latest intervention in our debate about the best consent model for biobank research we show, contra Manson that the ‘expiry problem’ that affects broad consent models because of changes over time in methods, purposes, types of data used and governance structures is a real and significant problem. We further show that our preferred implementation of meta consent as a national consent platform solves this problem and is not subject to the cost and burden objections (...) that Manson raises. (shrink)

One effect of modern journal publishing is that you may already have read all the papers published in this issue because they have all been available on the JME web-site for some time; and some of them have already generated discussion both on the web-site and in the public media. But just in case you do not visit the web-site every day the Concise Argument will continue to guide you to some interesting items in the print journal. Wilful neglect in (...) English law If you live in the UK you have probably already heard Professor Margot Brazier discuss the paper by Alghrani et al on the radio . The paper points to a glaring inconsistency in English law. If a healthcare professional kills a patient by neglect the healthcare professional can be convicted of the serious criminal offence of gross negligence manslaughter and a conviction does not depend …. (shrink)

With the increasing use of algorithms in high-stakes areas such as criminal justice and health has come a significant concern about the fairness of prediction-based decision procedures. In this article I argue that a prominent class of mathematically incompatible performance parity criteria can all be understood as applications of John Broome’s account of fairness as the proportional satisfaction of claims. On this interpretation these criteria do not disagree on what it means for an algorithm to be _fair_. Rather they express (...) different understandings of what grounds a claim to a good being allocated by an algorithmic decision procedure. I then argue that an important implication of the Broomean interpretation is that it strengthens the case for outcome-based criteria. Finally, I consider how a version of the levelling-down objection to performance parity criteria arises within the Broomean account. (shrink)

Die „seelische Krankheit Friedlosigkeit“ ist der Ausgangspunkt für die psychologische Begründung einer Streitkultur, die auf Dialog und nicht auf Durchsetzung aufbaut. Intimität und intimer Dialog sind Schlüsselbegriffe zur Formulierung eines „Lernmodell Liebe“ , das einerseits die psychische Funktionalität von Streit betont und andererseits die Konfliktlogik paardynamischer Verflechtungen als Anstoß für ein sinnbezogenes dyadisches Lernen voneinander hervorhebt. C. F. v. Weizsäcker’s notion of a „mental illness of peacelessness“ is the starting point for a psychological theory of a „culture of constructive debates“ (...) based on dialogue as well as resonance instead of enforcement. Intimacy and intimate dialogue are keywords for formulating a “paradigm of love” . On the one hand this emphasises the psychological functionality of disagreements and on the other hand it highlights the logic of conflicts in relationships as an impulse for meaningful dyadic learning. (shrink)

First published in 1934, this book evaluates the characteristic doctrines of the idealism which dominated philosophy during the last century. It seeks to combine realism, as to epistemology and physical objects, with a greater appreciation of views which emphasize the unity and rationality of the universe. This work is not a history and does not try to compete with any histories of idealism but it instead reaches an independent conclusion on certain philosophical problems by criticising what others have said. The (...) book considers differing arguments in order to determine their validity. (shrink)

Research ethics committees and institutional review boards spend considerable time developing, scrutinising, and revising specific consent processes and materials for survey-based studies conducted on crowdsourcing and online recruitment platforms such as MTurk and Prolific. However, there is evidence to suggest that many users of ICT services do not read the information provided as part of the consent process and they habitually provide or refuse their consent without adequate reflection. In principle, these practices call into question the validity of their consent. (...) In this paper we argue that although the ‘no read problem’ and the routinisation of consent may apply to research participants’ consent practices for studies on crowdsourcing platforms, this is not a serious problem. Furthermore, given that the informational requirements for informed consent in these contexts are minimal, we argue that these participants are, nevertheless, sufficiently informed to give valid consent. We conclude that research ethics committees and institutional review boards should only agonise over the precise details of the informed consent process and materials in those rare cases where appreciable risks to research participants need to be managed. (shrink)

In this paper we analyse the degree to which a distinction between social science and public health research and other non-research activities can account for differences between a number of large scale social surveys performed at the national and European level. The differences we will focus on are differences in how participation is elicited and how data are used for government, research and other purposes. We will argue that the research / non-research distinction does not account for the identified differences (...) in recruitment or use and that there are no other convincing justifications. We argue that this entails that eliciting participation by coercion or manipulation becomes very difficult to justify. (shrink)

This concise volume is at once an excellent introduction to Kant'sCritique of Pure Reasonand an original analysis of Kant's ideas.

Novelty is neither necessary nor sufficient to link curiosity and creativity as stated in the target article. We point out the article's logical shortcomings, outline preconditions that may link curiosity and creativity, and suggest that curiosity and creativity may be expressions of a common epistemic drive.

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

This volume examines the poetics of bird mimicry: the way birds mimic humans, and the way humans mimic birds. Drawing from 18th-century studies, romantic studies, American studies, 20th-century studies, and postcolonial studies, the collection offers new models for combining comparative and global studies of literature and culture.

The display of artefacts always implies an external mediation that influences, and often codifies, the reception of the exhibits. Objects are manipulated, restored, appropriated, staged, in short displayed, through various representational strategies that include pedestals, labels, and showcases. These elements, that we could define as parerga, are often ignored because of their utilitarian function. Yet, they play an important role in the history of the artefacts and define the setting in which the objects can exert their agency. They not only (...) shape their meaning, but also determine the effect that these artefacts have on their viewers. Framing devices create the conditions for interactions between the individual and the object to take place. This publication aims to explore the relation between artefacts and viewers as they are manifested in framing devices, and to develop a new theoretical framework for thinking about the power of objects on display. (shrink)

This paper discusses the provocative views of Skene and Parker as to the role of religious or other ideologically based interest groups in law and policy making. We draw distinctions between doctrine and prejudice and between argument and ideology which we trust take the debate further. Finally we recommend an ethereal, democratic, and populist partial solution.

This article discusses the classical problem of zero probability of universal generalizations in Rudolf Carnap’s inductive logic. A correction rule for updating the inductive method on the basis of evidence will be presented. It will be shown that this rule has the effect that infinite streams of uniform evidence assume a non-zero limit probability. Since Carnap’s inductive logic is based on finite domains of individuals, the probability of the corresponding universal quantification changes accordingly. This implies that universal generalizations can receive (...) positive prior and posterior probabilities, even for (countably) infinite domains. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

'The VILE MULTITUDE' - MARX AND THE PARIS COMMUNEThe entire purpose of Marx’s work is to enable the working class to act as a revolutionary subject, i.e. as its own liberator, destined to overthrow capitalism. However, this paper demonstrates that this view, which has political validity, is supplemented by another more nuanced and more theoretically interesting understanding of revolutionary upheavals in Marx’s work. This more subtle approach is found particularly in his political analyses, and the paper specifically interprets his writings (...) on the Paris Commune in this light. It is argued that in Marx’s analysis of the actual events, it is not the working classes of Paris that make the revolution. Rather, the revolution is triggered by a series of extraordinary circumstances, and by external agents. It produces an undecidedness, here referred to as a multitude, which is only après coup seized and defined by the working classes. Finally, the paper details how this reading has consequences for a Marxist understanding of politics in general and revolutionary upheavals in particular. (shrink)

In this book, the authors’ aim is to assess the evidence for the positive effects of market practices in healthcare and to provide an ethical evaluation of these market practices. It is clear from the beginning that the authors are not setting up a simple, and thereby false, dichotomy between market provision and equity in ….

The Precautionary Principle is a highly influential feature of an extensive body of environmental law, and is also highly controversial and continues to generate scholarly debates along several dim...

Philosophical Perspectives on the Engineering Approach in Biology provides a philosophical examination of what has been called the most powerful metaphor in biology: The machine metaphor. The chapters collected in this volume discuss the idea that living systems can be understood through the lens of engineering methods and machine metaphors from both historical, theoretical, and practical perspectives. In their contributions the authors examine questions about scientific explanation and methodology, the interrelationship between science and engineering, and the impact that the use (...) of engineering metaphors in science may have for bioethics and science communication, such as the worry that its wide application reinforces public misconceptions of the nature of new biotechnology and biological life. The book also contains an introduction that describes the rise of the machine analogy and the many ways in which it plays a central role in fundamental debates about e.g. design, adaptation and reductionism in the philosophy of biology. The book will be useful as a core reading to professionals as well as graduate and undergraduate students in courses of philosophy of science and for life scientists taking courses in philosophy of science and bioethics. (shrink)

Organ transplantation and donation has been a perennial topic of discussion in medical ethics since transplantation first became possible. In this issue there are two articles discussing ways in which the number of organ donations could be increased in an ethically acceptable way. De Wispelaere and Stirton identify the de facto ‘family veto’ as one major problem in cadaveric organ donation . They suggest that one way of overcoming this problem would be through a specific advance commitment device which can (...) increase the chance that a person's prior commitment to donate is actually acted upon when the person has died. Their concrete suggestion is that potential donors who register with organ donor registries should not only register their intention to donate but should also appoint a designated second consenter . The DSC would be a person that was committed to upholding the donor's decision after the death of the donor. The …. (shrink)