La presente investigación tuvo como objetivo realizar un análisis del procedimiento abreviado contemplado en el Código Orgánico Integral Penal (COIP), partiendo del criterio de que ciertos aspectos de este procedimiento vulneran derechos fundamentales del investigado. Se destaca particularmente el requisito para el procesado de admitir los hechos que se le imputan para acceder a este procedimiento, lo cual, según la opinión mayoritaria de doctrinarios, compromete el principio de no autoincriminación, la presunción de inocencia y el derecho a un juicio con (...) todas sus fases. El objetivo de esta investigación fue analizar el procedimiento abreviado establecido en el Código Orgánico Integral Penal (COIP), con el propósito de identificar posibles vulneraciones de derechos fundamentales del investigado. Se buscó específicamente evaluar cómo el requisito de admitir los hechos imputados para acceder a este procedimiento podría afectar principios como el de no autoincriminación y la presunción de inocencia. A través de un enfoque cualitativo y utilizando diferentes métodos de análisis, se procuró determinar si el procedimiento abreviado, tal como está configurado, garantiza un debido proceso conforme a los estándares de derechos humanos y constitucionales. La metodología aplicada se sustentó en un enfoque cualitativo, utilizando los métodos inductivo, analítico, sintético y exegético. Se llevó a cabo un análisis documental de la bibliografía relacionada con el tema investigado, así como de instrumentos internacionales de Derechos Humanos, la Constitución de la República de Ecuador, el COIP y jurisprudencia vinculada a la materia. Los resultados de la investigación determinaron que el procedimiento abreviado tal como se encuentra regulado en el COIP beneficia al Estado y al sistema de justicia al agilizar ciertos procesos legales. Sin embargo, se evidenció que este procedimiento puede vulnerar derechos esenciales del procesado, como el principio de no autoincriminación y la presunción de inocencia. Por lo tanto, se concluye que el procedimiento abreviado afecta el debido proceso al comprometer garantías fundamentales. La investigación señala que el procedimiento abreviado regulado en el COIP, si bien puede ser beneficioso para la eficiencia del sistema de justicia, también conlleva riesgos significativos de vulnerar derechos fundamentales del procesado. Por lo tanto, se destaca la necesidad de revisar y modificar este procedimiento para garantizar el respeto absoluto al debido proceso y a las garantías individuales del investigado. (shrink)

A debate over the possibilities for foundations of knowledge has been a key feature of theoretical discussions in the discipline of International Relations. A number of recent contributions suggest that this debate is still active. This article offers a contribution to this debate by suggesting that the study of complexity may provide a contingent foundation for the study of international relations. We examine the grounds on which such a claim might be made, and examine the implications for taking complexity as (...) a foundational claim. (shrink)

This paper focuses on Confucian formulations of personhood and the implications they may have for bioethics and medical practice. We discuss how an appreciation of the Confucian concept of personhood can provide insights into the practice of informed consent and, in particular, the role of family members and physicians in medical decision-making in societies influenced by Confucian culture. We suggest that Western notions of informed consent appear ethically misguided when viewed from a Confucian perspective.

This chapter contains sections titled: Early Life and Thought The Middle Period The Final Period and Late Writings.

Previous research has established that the success of strikes, and social movements more broadly, depends on their ability to garner support from the public. However, there is scant published research investigating the response of the public to strike action by healthcare workers. In this study, we address this gap through a study of public responses to UK nursing strikes in 2022–2023, using a data set drawn from Twitter of more than 2300 publicly available tweets. We focus on negative tweets, investigating (...) which societal discourses social media users draw on to oppose strike action by nurses. Using a combination of corpus‐based approaches and discourse analysis, we identified five categories of opposition: (i) discourse discrediting nurses; (ii) discourse discrediting strikes by nurses; (iii) discourse on the National Health System; (iv) discourse about the fairness of strikers' demands and (v) discourse about potential harmful impact. Our findings show how social media users operationalise wider societal discourses about the nursing profession (e.g., associations with care, gender, vocation and sacrifice) as well as recent crises such as the Covid‐19 pandemic to justify their opposition. The results also provide valuable insights into misconceptions about nursing, strike action and patient harm, which can inform strategies for public communication. (shrink)

Annotation. There has never been a writer quite like Christopher Pearson. A BETTER CLASS OF SUNSET brings together Pearson's enduring columns and essays, chronicling the twists and turns of Australian cultural life over three intriguing decades. From climate change to homosexuality and the welfare of Indigenous Australians, Pearson was an unflagging champion of unfashionable causes, a conscientious objector to political correctness and a skilled dissector of muddle-headed arguments. They reveal a true man of letters with a rare (...) literary voice; passionate, moving and often very funny, Pearson's thinking seldom strays from his abiding principles. For all those who aspire to be members of what Pearson called Club Sensible, A BETTER CLASS OF SUNSET is an indispensible addition to the bookshelf. (shrink)

In this paper, I will argue that a prominent theory of rationality could ground an argument for the existence of a self. Specifically, a self that is only captured in first- personal beliefs, and which is hence distinct from the physical body, in so far as the latter can be captured in third-personal beliefs. First-personal beliefs are beliefs characteristically expressed with first-personal utterances. Perry has argued that first- personal beliefs are necessary for certain actions. On closer examination, the appropriate conclusion (...) of Perry's arguments is that first-personal beliefs are necessary for rational actions. If one adopts a popular view of rationality according to which it consists in the coherence of one's attitudes, one can give first-personal beliefs a unique role in rationality without giving them a unique content. However, recently it has been argued that rationality consists in responding appropriately to the world. According to this latter theory of rationality, a belief is only necessary for a rational action in so far as one must have a belief in order to be aware of and respond to the world. On this latter theory, if first-personal beliefs are to have a unique role in rationality, first-personal beliefs must capture something unique about the world. The conclusions of the paper are twofold. Firstly, we ought to see the problems surrounding essential first-personal beliefs as bound up with rationality. Secondly, if we follow current trends in the philosophical study of rationality we could be led into conflict with common responses to these problems and towards the existence of a non-physical self. (shrink)

This chapter contains sections titled: The Weightiest Knowledge Truth and its Incorporation Knowledge and Self‐Knowledge.

This paper is going to explore the adverse effects of exposure to combat death on medics’ holistic well-being, which, if ignored could decrease individual readiness and negatively impact the mission. We rely on the experience of United States Air Force Special Operation Surgical Teams (AF SOST) whose exposure to mass casualty scenarios in austere environments could serve as approximations of conditions of future battlefields. Over the past two decades, the ability to deliver advanced medical care on and off the battlefield (...) along with a rapid casualty evacuation platform has allowed for unprecedented survival rates exceeding 90%. While laudable, these medical achievements have also set up a casualty management paradigm in which medical decision-making singularly focuses on life-saving care. Confronting peer-peer adversaries in large scale combat operations (LSCO) on a multi-domain battlefield will make casualty management frighteningly more complex by introducing major infrastructural, personnel, and resource constraints. When considering the high number of casualties expected in LSCO alongside enormous limitations in medical resource and resupply capability, the current casualty management paradigm will not be sustainable. The resource constrained environment in LSCO will shift medical decision-making away from a singular focus on life-saving care to triage, which hinges on the ability to determine futile medical interventions—a skill that has been lost in the past two generation of combat medics. As such, a broad ethical challenge that arises in preparation for LSCO is the need to set new expectations concerning dying and death. However, medical decision-making focused on death and dying has not been explicitly addressed in military medical training, research, or policy. Relying on a body of literature known as terror management theory (TMT) and ethnographic data from our study with AF SOST medics, we are going to argue that it is important to expose medics to death in mass casualty and triage training. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 1-2, Page 164-188, June 2022.

While Nietzsche's works and ideas are relevant across the many branches of philosophy, the themes of contest and conflict have been mostly overlooked. Conflict and Contest in Nietzsche's Philosophy redresses this situation, arguing for the importance of these issues throughout Nietzsche's work. The volume has three key lines of inquiry: Nietzsche's ontology of conflict; Nietzsche's conception of the agon; and Nietzsche's warrior-philosophy. Under these three umbrellas is a collection of insightful and provocative essays considering, among other topics, Nietzsche's understanding of (...) resistance; his engagement with classical thinkers alongside his contemporaries, including Jacob Burckhardt; his views on language, metaphor and aphorism; and war, revolt and terror. In bringing together such topics, Conflict and Contest in Nietzsche's Philosophy seeks to correct the one-sided tendencies within the existing literature to read simply 'hard' and 'soft' analyses of conflict. Written by scholars across the Anglophone and the European traditions, within and beyond philosophy, this collection emphasises the entire problematic of conflict in Nietzsche's thought and its relation to his philosophical and literary practice. (shrink)

Once common, therapeutic privilege—the practice whereby a physician withholds diagnostic or prognostic information from a patient intending to protect the patient—is now generally seen as unethical. However, instances of therapeutic privilege are common in some areas of clinical psychiatry. We describe therapeutic privilege in the context of borderline personality disorder, discuss the implications of diagnostic non-disclosure on integrated care and offer recommendations to promote diagnostic disclosure for this patient population. There are no data in this work.

Existing whistle-blowing models rely on “cold” economic calculations and cost-benefit analyses to explain the judgments and actions of potential whistle-blowers. I argue that “hot” cognitions – value conflict and emotions – should be added to these models. I propose a model of the whistle-blowing decision process that highlights the reciprocal influence of “hot” and “cold” cognitions and advocate research that explores how value conflict and emotions inform reporting decisions. I draw on the cognitive appraisal approach to emotions and on the (...) social-functional value pluralism model to generate propositions. (shrink)

The increasing concern about ethics and integrity in research communities has brought attention to how students and junior academics can be trained on this regard. Moreover, it is known that ethical behaviour and integrity not only involve individual but also group norms and considerations. Thus, through action research and participant observation, this research investigates the learning processes through which 64 students collaboratively develop research ethics and integrity competencies. The aim was to understand how bachelor, master and PhD students approach ethical (...) dilemma cases through a collaborative process. The data consisted of recorded group work on ethics cases, student group reports, and post-training questionnaires. Later, the analyses considered groups as the unit of analysis. These data were analysed through content analysis utilizing the SOLO taxonomy to identify levels of understanding and assess evolvement of ethical sensitivity during a case-based training session. The results show that all groups reached the level of understanding where the groups demonstrated that concepts had been understood appropriately, but occasionally struggled to make connections between them. Students perceived working collaboratively as beneficial. The results help teachers of research ethics and integrity to make pedagogically justified choices in their teaching. Drawing on the results of this study, we propose a tool for the formative assessment of student learning of research ethics and integrity. (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not (...) responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

Consequentialism is a moral philosophy that maintains that the moral worth of an action is determined by the consequences it has for the welfare of a society. Consequences of model design are a part of the model lifecycle that is often neglected. This paper investigates the issue using system dynamics modeling as an example. Since a system dynamics model is a product of the modeler’s design decisions, the modeler should consider the life cycle consequences of using the model. Seen from (...) a consequentialist perspective, the consequences of policies developed from system dynamics models determine the model’s moral value. This concept is explored by discussing model uncertainty from an engineering perspective. In this perspective, the ethical considerations shift from the behavior of the modeler to the model itself and the model’s inherent uncertainty. When the ethical considerations are taken away from the modeler and directed to what the model does, the ethical boundaries extend beyond the proximity of the model. This discussion renews the ethics conversation in system dynamics by considering this shift in philosophical perspective, and investigates how consequentialist moral philosophy applies to the modeling process and in communicating with decision-makers. A model of social assistance in Norway in the context of immigration pressures illustrates some possibilities for addressing these ethical concerns. This paper argues for an ethical framework, or at the very least, an ethical conversation within the field of system dynamics.Article first published online: 25 FEB 2017. (shrink)

The focus of this article is university teachers’ and students’ views of plagiarism, plagiarism detection, and the use of plagiarism detection software as learning support. The data were collected from teachers and students who participated in a pilot project to test plagiarism detection software at a major university in Finland. The data were analysed through factor analysis, T-tests and inductive content analysis. Three distinct reasons for plagiarism were identified: intentional, unintentional and contextual. The teachers did not utilise plagiarism detection to (...) support student learning to any great extent. We discuss the pedagogical implications and suggest that the contextual reasons for plagiarism require focus primarily on study strategies, whereas the intentional reasons require profound discussion about attitudes and conceptions of good learning and university-level study habits. (shrink)

​Wie ist das diskursfähige Subjekt im Sinne Habermas zu denken? Unter welchen Bedingungen und Modalitäten entwickelt das Subjekt seine Diskursfähigkeit? Erika Edelmayer arbeitet die Denkfigur des diskursfähigen Subjekts aus der Grundlegung der soziologischen Theorie als „Theorie des kommunikativen Handelns“ heraus. Sie untersucht, was Diskursfähigkeit im Rahmen einer deliberativ verstandenen Demokratie bedeutet und zeigt die Konsequenzen auf, die sich daraus für die Pädagogik ergeben.

The study focused on university students' understanding and conceptions of ethical issues in research. Domain-specific and domain-transcending measures were developed to gauge the students' awareness of ethical issues. Responses were obtained from 269 undergraduate and graduate students at a U.S. regional university. Participant withdrawal, the debriefing of research participants, the dissemination of findings, and giving credit to co-contributors were the most challenging ethical issues for the students. Ethical awareness was predicted by professional and organizational socialization, and perspective taking. Contextualization greatly (...) improved the students' ability to recognize ethical issues. Simulations and role-taking are suggested as the means with which to teach students about the ethical issues perceived as challenging. (shrink)

: The main contribution of this paper to current philosophical and sociological studies on modeling is to analyze modeling as an object-oriented interdisciplinary activity and thus to bring new insights into the wide, heterogeneous discourse on tools, forms and organization of interdisciplinary research. A detailed analysis of interdisciplinarity in the making of models is presented, focusing on long-standing interdisciplinary collaboration between specialists in infectious diseases, mathematicians and computer scientists. The analysis introduces a novel way of studying the elements of the (...) models as carriers of interdisciplinarity. These elements, being functionally interdependent building blocks, evolve during the modeling work and carry the disciplinary tensions in the process. This shows how the long and challenging process of defining and reformulating the object of research is crucial for understanding the dynamics of interdisciplinarity in the making. (shrink)

In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s pioneering work, we suggest that ‘revenge porn’ should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising (...) as the ‘continuum of image-based sexual abuse’. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies. (shrink)

An absolute decline in US life expectancy in low education whites has alarmed policy makers and attracted media attention. Depending on which studies are correct, low education white women have lost between 3 and 5 years of lifespan; men, between 6 months and 3 years. Although absolute declines in life expectancy are relatively rare, some commentators see the public alarm as reflecting a racist concern for white lives over black ones. How ought we ethically to evaluate this lifespan contraction in (...) low education whites? Should we care, or is it racist to care? Does it constitute an injustice or reflect justice being done? I argue that the lifespan contraction in low education whites violates key normative criteria used to make determinations of health justice, and that these judgments do not vitiate concerns about racism. I conclude with reflections on US population health policy and building an inclusive health equity movement. (shrink)

Current advances in assisted reproductive technologies aim to promote the health and well-being of future children. They offer the possibility to select embryos with the greatest potential of being born healthy (eg, preimplantation genetic testing) and may someday correct faulty genes responsible for heritable diseases in the embryo (eg, human germline genome modification (HGGM)). Most laws and policy statements surrounding HGGM refer to the notion of ‘serious’ as a core criterion in determining what genetic diseases should be targeted by these (...) technologies. Yet, this notion remains vague and poorly defined, rendering its application challenging and decision making subjective and arbitrary. By way of background, we begin by briefly presenting two conceptual approaches to ‘health’ and ‘disease’: objectivism (ie, based on biological facts) and constructivism (ie, based on human values). The basic challenge under both is sorting out whether and to what extent social and environmental factors have a role in helping to define what qualifies as a ‘serious’ disease beyond the medical criteria. We then focus on how a human rights framework (eg, right to science and right to the highest attainable health) could integrate the concepts of objectivism and constructivism so as to provide guidance for a more actionable consideration of ‘serious’. Ultimately, it could be argued that a human rights framework, by way of its legally binding nature and its globally accepted norms and values, provides a more universal foundation for discussions of the ethical, legal and social implications of emerging or disruptive technologies. (shrink)