The topic of abortion has been extensively researched, and the research has produced a large number of arguments and discussions. Missing in the literature, however, are discussions of practices in some areas of the Developing or Third World. In this paper, we examine the morality of sex selection abortions in Kazakhstan's Kazakh culture, and argue that such abortions can be ethically justified based, in part, on the unique perspectives of Kazakh culture.

It has been argued that, on Kantian grounds, pedophiles, rapists and murderers are morally obligated to take their own lives prior to committing a violent action that will end their moral agency. That is, to avoid destroying the agent's moral life by performing a morally suicidal action, the agent, while he still is a moral agent, should end his body's life. Although the cases of dementia and the morally reprehensible are vastly different, this Kantian interpretation might be useful in the (...) debate on the permissibility of suicide for those facing dementia's effects. If moral agents have a duty to act as moral agents, then those who will lose their moral identity as moral agents have an obligation to themselves to end their physical lives prior to losing their dignity as persons. (shrink)

This book brings together the relevant interdisciplinary and method elements needed to form a conceptual framework that is both pragmatic and rigorous. By using the best, and often the latest, work in thanatology, psychology, neuroscience, sociology, physics, philosophy and ethics, it develops a framework for understanding both what death is - which requires a great deal of time spent developing definitions of the various types of identity-in-the-moment and identity-over-time - and the values involved in death. This pragmatic framework answers questions (...) about why death is a form of loss; why we experience the emotional reactions, feelings and desires that we do; which of these reactions, feelings and desires are justified and which are not; if we can survive death and how; whether our deaths can harm us; and why and how we should prepare for death. Thanks to the pragmatic framework employed, the answers to the various questions are more likely to be accurate and acceptable than those with less rigorous scholarly underpinnings or which deal with utopian worlds.. (shrink)

Genetic engineering often generates fear of out of control scientists creating Frankenstein creatures that will terrorize the general populace, especially in the cases of human-animal chimeras. While sometimes an accurate characterization of some researchers, this belief is often the result of repugnance for new technology rather than being rationally justified. To facilitate thoughtful discussion the moral issues raised by human-animal chimeras, ethicists and other stakeholders must develop a rational ethical framework before raw emotion has a chance of becoming the dominating (...) justification for public opinion and policy. Derek Parfit’s work on lives worth living for human beings can provide valuable insight into the morality of creating chimeras. As long as their lives are overall good, then bringing them into existence does not harm them even if they are used for medical research or procedures, or they are created to carry on the homo sapiens’ “family” line. (shrink)

Over the past two years, much has been made by some governments and the media about the possible callous and racist distribution of Quinacrine by two Americans to sterilize women in the Third World. The main criticism of the practice is that though Quinacrine is unapproved by the developed world's health regulatory agencies for this particular use in the developed world due to inadequate testing for long-term side effects, it is used on defenseless women in the developing world.I argue that (...) the distribution of unapproved medical and other products is morally permissible if it satisfies two conditions: agent-centered utilitarianism and Kant's Categorical Imperative. Roughly, I contend that if the situation will probably improve and no one is treated as a mere means, then it is ethical either to give or to sell the products to those who choose to have them, regardless of where in the world they live. (shrink)

This is a dictionary of Descartes and Cartesian philosophy, primarily covering philosophy in the 17th century, with a chronology and biography of Descartes's life and times and a bibliography of primary and secondary works related to Descartes and to Cartesians.

If Solomon is correct in labeling businesses as community citizens because they “are part and parcel of the communities in which they live and flourish, and the responsibilities that they bear are ... intrinsic to their very existence as social entities,” then it follows that other community citizens have reciprocal duties toward them that they, as community citizens, have to any other community citizen. One of these duties is not to harm needlessly another community citizen without its permission. One issue (...) affecting business is genetically engineering children to have characteristics, e.g., deafness, which render them disabled in work environments. Since business is a very large part of society, citizen responsibilities toward it in regard to intentionally creating deaf children should be examined. It is my contention that designing disabled offspring is unethical on the grounds that it causes undue injury to businesses without their permission in any form. (shrink)

The topic of abortion has been extensively researched, and the research has produced a large number of arguments and discussions. Missing in the literature, however, are discussions of practices in some areas of the Developing or Third World. In this paper, we examine the morality of sex selection abortions in Kazakhstan's Kazakh culture, and argue that such abortions can be ethically justified based, in part, on the unique perspectives of Kazakh culture.

The A to Z of Descartes and Cartesian Philosophy includes a chronology, an introduction, a bibliography, and cross-reference dictionary entries Descartes's writings, concepts, and findings, as well as entries on those who supported him, those who criticized him, those who corrected him, and those who together formed one of the major movements in philosophy, Cartesianism.

Many people, such as Adam Smith, Milton Friedman, Irving Fisher, and William Sharpe, assume that free markets full of rational people automatically lead to ethical actions and outcomes. After all, at its equilibrium point, a perfectly competitive free market maximizes utility, respects autonomy, and fulfills justice’s dictates. Unfortunately, in some technology markets, there are a significant number of people who have undergone epistemic closure. Epistemic closure entails that all reliable evidence that would challenge deeply held beliefs is dismissed as corrupted, (...) whereas all supporting evidence, no matter how unreliable, is accepted as incontrovertible. Those who have the condition act irrationally within that domain. As a result, business decisions become much more difficult than they would be in a rational market. In this article, epistemic closure’s ethical issues are developed. First, although they are acting irrationally within the closure’s domain, those with epistemic closure can still be held accountable for their actions. Second, to deal ethically with epistemic closure and its consequences, then it is vital to know what it is and its root causes, as well as to have a practical principle that can assist in making pragmatic decisions. Because some new technologies face epistemic closure, then focusing on a particular representative case of it will help to illustrate the issue’s ethical dimensions. (shrink)

It has been argued that, on Kantian grounds, pedophiles, rapists and murderers are morally obligated to take their own lives prior to committing a violent action that will end their moral agency. That is, to avoid destroying the agent's moral life by performing a morally suicidal action, the agent, while he still is a moral agent, should end his body's life. Although the cases of dementia and the morally reprehensible are vastly different, this Kantian interpretation might be useful in the (...) debate on the permissibility of suicide for those facing dementia's effects. If moral agents have a duty to act as moral agents, then those who will lose their moral identity as moral agents have an obligation to themselves to end their physical lives prior to losing their dignity as persons. (shrink)

Despite the best efforts of utilitarians, justice remains a serious problem for consequentialism. Many counterexamples have been described which show that an agent may be obligated to do a gross injustice, according to hedonic utilitarianism, just because it maximizes utility. Fred Feldman attempts to avoid this result by adjusting utility for justice.In this paper, I examine Feldman’s axiology and his normative theory of world utilitarianism, and show that, ultimately, he is not successful in his endeavor. Though Feldman’s theories may not (...) fall prey to exactly the same counterexamples that others do, they are still susceptible to versions of them. (shrink)

Despite the best efforts of utilitarians, justice remains a serious problem for consequentialism. Many counterexamples have been described which show that an agent may be obligated to do a gross injustice, according to hedonic utilitarianism, just because it maximizes utility. Fred Feldman attempts to avoid this result by adjusting utility for justice.In this paper, I examine Feldman’s axiology and his normative theory of world utilitarianism, and show that, ultimately, he is not successful in his endeavor. Though Feldman’s theories may not (...) fall prey to exactly the same counterexamples that others do, they are still susceptible to versions of them. (shrink)

No one would deny that sustainability is necessary for individual, business, and national survival. How this goal is to be accomplished is a matter of great debate. In this article I will show that the United States and other developed countries have a duty to create sustainable cities, even if that is against a notion of private property rights considered as an absolute. Through eminent domain and regulation, developed countries can fulfill their obligations to current and future generations. To do (...) so, the governments must reject perfectly competitive free market capitalism and the absolute right to private property, and more fully adopt social welfare capitalism as their economic system. The result will be a sustainable society that balances democracy, individual rights and individual flourishing with the community’s flourishing. (shrink)

In his article, “The Logic of Liberty” (Journal of Ayn Rand Studies 12, no. 1), Roger Bissell uses an analytical diagram to show that Ayn Rand was wrong to characterize the differences between liberals and conservatives in terms of the mind-body dichotomy. Bissell claims that the key philosophical difference is not the mind-body dichotomy, but the malevolent universe premise. However, the diagram Bissell uses to discredit Rand’s position exhibits a serious design flaw: it presumes the mind-body split by implying (...) the metaphysical superiority of one over the other. This fundamental flaw in his analysis renders his criticism of Rand invalid. (shrink)

We argue that neural networks for semantic cognition, as proposed by Rogers & McClelland (R&M), do not acquire semantics and therefore cannot be the basis for a theory of semantic cognition. The reason is that the neural networks simply perform statistical categorization procedures, and these do not require any semantics for their successful operation. We conclude that this has severe consequences for the semantic cognition views of R&M.

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

The author reiterates his thesis that the motivation for power lust in liberals, conservatives, and totalitarians cannot be explained by “metaphysical importance” of economic or noneconomic activity per se, but only by the metaphysical fear that voluntary action in one or both of these realms evokes in statists of whatever stripe. Rand actually made both of these arguments, but only the latter has psychological explanatory power and plausibility in terms of Rand's discussion of the benevolent and malevolent universe premises, and (...) thus is to be preferred over the former. (shrink)

This essay examines the possibility of developing a more complete evolutionary aesthetics that can be used to appraise both natural landscapes and works of landscape architects. For the purpose of this essay, an “evolutionary aesthetics” is an aesthetic theory that is closely connected to Darwin’s theory of evolution. Two types of Darwinian evolutionary aesthetics seem possible; a theory of evolved tastes, such as that developed by Dennis Dutton, and an aesthetics of evolving nature based on Carlson’s positive aesthetics. After, (...) exploring both theories, I argue that, while the two positions approach aesthetics from different directions, they support similar aesthetic judgments concerning landscapes, and this suggests that the two positions might be incorporated into a broader theory of evolutionary aesthetics. That theory is briefly outlined and applied to both natural landscapes and parks. (shrink)

Roger Ariew, Descartes and the Last Scholastics (Ithaca and London: Cornell University Press, 1999), pp. 256 + ills. $ 45.00. ISBN 0801436036. -/- Roger Ariew, John Cottingham, and Tom Sorrell (eds.), Descartes' "Meditations. Background Source Materials (Cambridge Philosophical Texts in Context) (Cambridge: Cambridge University Press, 1998), pp. xviii +270 £45.00. ISBN 0521481260 (hardback); £ 16.95 ISBN 0521485797.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Ethics of Death: Religious and Philosophical Perspectives in Dialogue by Lloyd Steffen and Dennis R. CooleySarah MosesThe Ethics of Death: Religious and Philosophical Perspectives in Dialogue Lloyd Steffen and Dennis R. Cooley MINNEAPOLIS: FORTRESS PRESS, 2014. 318 PP. $34.00In The Ethics of Death, religious studies scholar Lloyd Steffen and philosopher Dennis Cooley offer ethical analysis of a variety of topics with an (...) approach they refer to as "dialogic engagement," modeled upon their own interdisciplinary exchange with one another (4). In fact, each of the seven main chapters is explicitly structured as a dialogue: each author laying out his particular approach in two separate sections, which are then followed by a question-and-answer section where the authors pose questions to one another and provide brief responses. Intending to address death as it relates to the moral lives of the living, the chapters cover topics that are of enduring interest to students, scholars, and the general public: abortion, the death penalty, war, suicide, physician-assisted suicide, and euthanasia. To distinguish it from other recent titles that explore the dying experience in contemporary medical contexts, the book might be more accurately described as addressing the ethics of killing. [End Page 218]To set the stage for subsequent topical chapters, the book's first chapter provides a basic introduction to ethics, including outlining prominent ethical theories such as Kantian, utilitarian, virtue, and natural law approaches. Readers will find clear descriptions of key terms such as consequentialism, deontology, and pragmatism. In his section Steffen also addresses the contrast between religious and secular ethics, noting how religious ethical traditions are potentially distinctive (such as divine command theories or use of sacred texts) and potentially overlapping (such as similar practical judgments). In this chapter, the authors also indicate their own preferred normative approach: Steffen identifying with a "natural law hybrid ethic," a natural law approach that "allows the other ethical theories a part but says none has the final say" (22), and Cooley advocating what he calls the "Pragmatic Principle" approach, combining what he considers plausible and helpful from both deontology and consequentialism (32–33). The authors' normative approaches reveal the strengths and limitations of various ethical theories, and the practical usefulness of theoretical hybridity.Each of the topical chapters provides readers with relevant background information, such as the legal and policy history of particular issues. Given the flexible normative approaches taken by the authors, not surprisingly each chapter provides a nonabsolutist position on each form of killing (although Cooley's evaluation of war is strongly negative: "Some may be justified, whereas the vast majority cannot be" [165]). The chapters also provide balanced, thoughtful sections that outline major arguments on opposite sides of ethical debate, sometimes in the form of enumerated "for and against" lists. The chapters thus familiarize readers with important dimensions of contemporary debates, such as just war theory, pacifism, human rights theory, definitions of personhood, and the determination of medical futility. Chapters include useful references to thinkers who have shaped ethical debate such as Don Marquis and Judith Thompson on abortion and Mahatma Gandhi and Douglas Lackey on war and violence. Students of religious ethics will find the sections by Steffen particularly helpful in reviewing various ethical positions from religions such as Buddhism, Islam, Christianity, and Judaism.The book could certainly be effective in a topical survey course at the undergraduate or graduate level, with a major strength that the book's structure illustrates theoretical connections between philosophy and religious studies regarding ethical inquiry. The dialogue questions that conclude each chapter could be used to frame class discussion or even as prompts for student writing assignments. However, for a course focused on comparative religious ethics, instructors would want to supplement with more in-depth ethical analysis from particular religious ethical traditions. [End Page 219]Sarah MosesUniversity of MississippiCopyright © 2017 Society of Christian Ethics... (shrink)