First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

Este artigo objetiva realizar uma revisão narrativa sobre a temática da branquitude, de modo a verificar suas definições presentes na literatura, assim como as maneiras como ela se expressa no cotidiano. As produções foram organizadas em um quadro segundo autor e data, discutindo os diferentes aspectos da raça, na realidade brasileira, em diferentes regiões e também da realidade de outros países. Os dados obtidos indicam que a branquitude, em suas diversas representações, configura-se um agente central na manutenção do racismo. Confirmaram-se (...) os problemas da não racialização e os prejuízos centenários dessa relação de poder. É um panorama diverso e complexo, que compreende pessoas com ou sem consciência de si, com variados níveis de privilégios, expressos territorialmente de maneira diferente. (shrink)

The assessment of nanotechnology applications such as nanocarrier-based targeted drug delivery has historically been based mostly on toxicological and safety aspects. The use of nanocarriers for TDD, a leading-edge nanomedical application, has received little study from the angle of experts’ perceptions and acceptability, which may be reflected in how TDD applications are developed. In recent years, numerous authors have maintained that TDD assessment should also take into account impacts on ethical, environmental, economic, legal, and social issues in order to lead (...) to socially responsible innovation. Semi-structured interviews were conducted with French and Canadian researchers and research trainees with diverse disciplinary backgrounds and involved in research related to emerging technologies. The interviews focussed on scenarios presenting two types of TDD nanocarriers in two contexts of use. Content and inductive analyses of interviews showed how facets of perceived impacts such as health, environment, social cohabitation, economy, life and death, representations of the human being and nature, and technoscience were weighed in acceptability judgments. The analyses also revealed that contextual factors related to device, to use, and to user influenced the weighting assigned to perceived impacts and thus contributed to variability in interviewees’ judgments of acceptability. Giving consideration to researchers’ perspective could accompany first steps of implementation and development of nanomedicine by producing a first, but wide, picture of the acceptability of nanocarrier-based TDD. (shrink)

This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal problems (...) which have been brought before the courts in the UK and other jurisdictions, something which wesuggest is likely to occur with increasing regularity oncethe Human Rights Act 1998 comes into force in October 2000.The issues are also considered on a more theoretical level with papers exploring the role of concepts such as property, donation, commodification and kinship in these debates.While the volume focuses principally upon the manner inwhich these issues have arisen in a UK context, though withreference to certain comparative examples, the concepts discussed here are of more general application acrossother jurisdictions. (shrink)

VANESSA ROUSSEAU. — Quelle est selon vous l’ampleur des risques que le changement technico-scientifique fait peser sur les sociétés humaines ?JEAN-JACQUES SALOMON. — Je m’interroge depuis longtemps sur les dérives de la rationalité qui éclairent en grande partie toutes les horreurs que le XXe siècle a connues : des totalitarismes..

Historically attempts to use the courts as a means of challenging decisions to refuse NHS resources have met with little success. However two recent developments, that of the Human Rights Act 1998 and the development of European Union law through the application of Article 49 of the EC Treaty have provided the prospect for a challenge to this position. This article examines the impact of a recent case that of Watts v Bedford PCT in which a woman sought to by-pass (...) NHS waiting lists by seeking treatment in France and then claimed reimbursement of the cost of the operation and the possible impact of this case in the context of patients’s rights and resource allocation. (shrink)

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code (...) of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

The use of traditional ethical methodologies is inadequate in addressing a constructed maternal–fetal rights conflict in a multicultural obstetrical setting. The use of caring ethics and a relational approach is better suited to address multicultural conceptualizations of autonomy and moral distress. The way power differentials, authoritative knowledge, and informed consent are intertwined in this dilemma will be illuminated by contrasting traditional bioethics and a caring ethics approach. Cultural safety is suggested as a way to develop a relational ontology. Using caring (...) ethics and a relational approach can alleviate moral distress in health-care providers, while promoting collaboration and trust between providers and their patients and ultimately decreasing reproductive disparities. This article examines how a relational approach can be applied to a cross-cultural reproductive dilemma. (shrink)

Next SectionThe precise nature and scope of healthcare confidentiality has long been the subject of debate. While the obligation of confidentiality is integral to professional ethical codes and is also safeguarded under English law through the equitable remedy of breach of confidence, underpinned by the right to privacy enshrined in Article 8 of the Human Rights Act 1998, it has never been regarded as absolute. But when can and should personal information be made available for statistical and research purposes and (...) what if the information in question is highly sensitive information, such as that relating to the termination of pregnancy after 24 weeks? This article explores the case of In the Matter of an Appeal to the Information Tribunal under section 57 of the Freedom of Information Act 2000, concerning the decision of the Department of Health to withhold some statistical data from the publication of its annual abortion statistics. The specific data being withheld concerned the termination for serious fetal handicap under section 1(1)d of the Abortion Act 1967. The paper explores the implications of this case, which relate both to the nature and scope of personal privacy. It suggests that lessons can be drawn from this case about public interest and use of statistical information and also about general policy issues concerning the legal regulation of confidentiality and privacy in the future. (shrink)

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

" This book focuses on the relationship between human rights and nursing in these changing times.

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code (...) of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

Whistleblowing in the NHS engages the fundamental right to free speech and as the paper makes clear is a means of ensuring individual patient safety. The discourse around the whistleblower is not simply about individuals being safeguarded if they blow the whistle on poor standards of patient care but that they may indeed be obliged as healthcare professionals to positively make the decision to blow the whistle to raise concerns. As noted in the paper, the NHS is an organisation in (...) which many—though not all—individuals who work there are bound by their own professional codes of practice in addition to broader employment requirements in relation to ethical and safety issues. But having an obligation to raise concerns and actually doing so are very different things. Individuals who blow the whistle have often found that following their conscience comes with consequences. They may ultimately be vindicated, as, for example in the 1990s, Stephen Bolsin the anaesthetist who blew the whistle in relation to Bristol Royal Infirmary in the 1990s.1 But getting such vindication can in many instances be over a long and very painful period of time and be exceedingly costly in both financial and emotional terms. Does …. (shrink)

This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal problems (...) which have been brought before the courts in the UK and other jurisdictions, something which wesuggest is likely to occur with increasing regularity oncethe Human Rights Act 1998 comes into force in October 2000.The issues are also considered on a more theoretical level with papers exploring the role of concepts such as property, donation, commodification and kinship in these debates.While the volume focuses principally upon the manner inwhich these issues have arisen in a UK context, though withreference to certain comparative examples, the concepts discussed here are of more general application acrossother jurisdictions. (shrink)

The huge potential of biobanks/genetic databases for the research community has been recognised across jurisdictions in both publicly funded and commercial sectors. But although there is tremendous potential there are likewise potential difficulties. The long-term storage of personal health information and samples poses major challenges. This is an area is fraught with ethical and legal uncertainties. Biobanks raise many questions of the control of rights, of consent, of privacy and confidentiality and of property in human material. It is thus unsurprising (...) then that there has been a lively debate as to how biobanks should operate, the boundaries of participation and what governance structure, if any they should adopt, a debate which has been engaged in across the academic community and by funders and researchers alike. This paper asks despite the good intentions can ad hoc ethics and ethics and governance committees long term provide an effective solution to the legal and regulatory challenges arising from biobanks. (shrink)

This paper considers the way in which English law safeguards fundamental rights to respect for faith and belief in relation to the delivery of health care. It explores the implications of the Human Rights Act 1998 and the Equality Act 2010. It explores some of the challenges in attempting to reconcile fundamental rights to faith and belief and the delivery of health care, both now and in the future and whether this is a realistic aspiration in a state funded health (...) care service. (shrink)

The genetically manipulated organism crisis demonstrated that technological development based solely on the law of the marketplace and State protection against serious risks to health and safety is no longer a warrant of ethical acceptability. In the first part of our paper, we critique the implicitly individualist social-acceptance model for State regulation of technology and recommend an interdisciplinary approach for comprehensive analysis of the impacts and ethical acceptability of technologies. In the second part, we present a framework for the analysis (...) of impacts and acceptability, devised—with the goal of supporting the development of specific nanotechnological applications—by a team of researchers from various disciplines. At the conceptual level, this analytic framework is intended to make explicit those various operations required in preparing a judgement about the acceptability of technologies that have been implicit in the classical analysis of toxicological risk. On a practical level, we present a reflective tool that makes it possible to take into account all the dimensions involved and understand the reasons invoked in determining impacts, assessing them, and arriving at a judgement about acceptability. (shrink)

Moral or ethical questions are vital because they affect our daily lives: what is the best choice we can make, the best action to take in a given situation, and ultimately, the best way to live our lives? Health ethics has contributed to moving ethics toward a more experience-based and user-oriented theoretical and methodological stance but remains in our practice an incomplete lever for human development and flourishing. This context led us to envision and develop the stance of a “living (...) ethics”, described in this inaugural collective and programmatic paper as an effort to consolidate creative collaboration between a wide array of stakeholders. We engaged in a participatory discussion and collective writing process known as instrumentalist concept analysis. This process included initial local consultations, an exploratory literature review, the constitution of a working group of 21 co-authors, and 8 workshops supporting a collaborative thinking and writing process. First, a living ethics designates a stance attentive to human experience and the role played by morality in human existence. Second, a living ethics represents an ongoing effort to interrogate and scrutinize our moral experiences to facilitate adaptation of people and contexts. It promotes the active and inclusive engagement of both individuals and communities in envisioning and enacting scenarios which correspond to their flourishing as authentic ethical agents. Living ethics encourages meaningful participation of stakeholders because moral questions touch deeply upon who we are and who we want to be. We explain various aspects of a living ethics stance, including its theoretical, methodological, and practical implications as well as some barriers to its enactment based on the reflections resulting from the collaborative thinking and writing process. (shrink)

L'espere humaine est conflictuelle et gregaire, menacee de toutes parts par la montee aux extremes de la violence. Aussi se trouve-t-elle confrontee a ce probleme urgent: comment vivre ensemble sans s'entre-tuer? Le politique est l'ordre humain en charge de ce probleme, et son objectif est la paix par la justice. Dans ce bref precis didactique, Jean Baechler prouve que le seul moyen d'eviter la guerre et de resoudre des problemes communs dans un monde dangereux et imprevisible est de s'efforcer (...) a l'union politique, meme si celle-ci est bien evidemment extremement difficile a realiser. (shrink)

The Human Tissue Act 2004 presents a radical change to the legal regulation of the use of human material in England and Wales. The Act presents a broad regulatory framework but much in the practical operation of the legislation will depend upon regulations to be enacted and a new Code of Practice. This article examines 'appropriate consent' for the use of human tissue for research purposes in the context of the living competent adult. It examines the provision of information as (...) part of the consent process for the use of human materials for research purposes, the question of when consent can be withdrawn, and the controversial exception enabling the use without consent of anonymized material for research purposes where the research has been ethically approved. The paper concludes by highlighting some of the problems which may remain after the legislation comes into force. (shrink)

ABSTRACT This article invites us to consider the task of education as we face the end of the world as we have known it. The first part of the article gives an overview of global and educational challenges, drawing attention to how formal education has been complicit in the reproduction of historical and systemic violence, as well as unsustainability. This section also offers a distinction between educational approaches that focus on personal empowerment and the mastery of knowledge and skills, and (...) educational approaches that see the role of education in association with the non-coercive re-arrangement of desires and with responsibility before will. The second part of the paper presents a psychoanalytic experiment that attempts to create a space and the dispositions necessary for difficult conversations about the role of education in preparing us all to confront the potential for social and ecological collapse in our lifetime. (shrink)

Moral distress has been well reviewed in the literature with established deleterious side effects for all healthcare professionals, including nurses, physicians, and others. Yet, little is known about the quality and effectiveness of interventions directed to address moral distress. The aim of this integrative review is to analyze published intervention studies to determine their efficacy and applicability across hospital settings. Of the initial 1373 articles discovered in October 2020, 18 were appraised as relevant, with 1 study added by hand search (...) and 2 after a repeated search was completed in January and then in May of 2021, for a total of 22 reviewed articles. This review revealed data mostly from nurses, with some studies making efforts to include other healthcare professions who have experienced moral distress. Education-based interventions showed the most success, though many reported limited power and few revealed statistically lowered moral distress post intervention. This may point to the difficulty in adequately addressing moral distress in real time without adequate support systems. Ultimately, these studies suggest potential frameworks which, when bolstered by organization-wide support, may aid in moral distress interventions making a measurable impact. (shrink)

Abstract It would be puzzling if the morally best agents were not so good after all. Yet one prominent account of the morally best agents ascribes to them the exact motivational defect that has famously been called a “fetish.” The supposed defect is a desire to do the right thing, where this is read de dicto . If the morally best agents really are driven by this de dicto desire, and if this de dicto desire is really a fetish, then (...) the morally best agents are moral fetishists. This is puzzling. I resolve the puzzle by showing that on a proper understanding of the interaction between de dicto and de re moral motivation, it is not only not fetishistic, but quite possibly desirable, to be motivated by a de dicto desire to do the right thing. My argument relies partly on an appeal to a non-buck-passing account of moral rightness, according to which rightness is itself an additional reason-giving property over and above the right-making properties of an action. If this account of moral rightness is correct, then we would expect the morally best agents to exhibit de dicto moral motivation. However, since their de dicto desire acts in concert with de re desires, there is no reason to consider it a fetish. Content Type Journal Article Pages 1-19 DOI 10.1007/s11098-011-9825-z Authors Vanessa Carbonell, Philosophy Department, University of Cincinnati, P.O. Box 210374, Cincinnati, OH 45221-0374, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116. (shrink)

The moral community is a social community, and as such it is vulnerable to social problems and pathologies. In this essay I identify a particular way in which participation in the moral community can be constrained by social factors. I argue that features of the social world—including power imbalances, oppression, intergroup conflict, communication barriers, and stereotyping—can make it nearly impossible for some members of the moral community to hold others responsible for wrongdoing. Specifically, social circumstances prevent some marginalized people from (...) engaging in what Stephen Darwall calls “felicitous moral address” (Darwall 2006). We should think of some members of the moral community as having “second-class moral citizenship” in ways that parallel second-class political citizenship. The injustice of second-class moral citizenship can be understood by drawing an analogy with Miranda Fricker’s notion of “epistemic injustice” (Fricker 2007). Fricker’s account of how people can be undermined in their capacity as knowers can be extended to show how people can be undermined in their capacity as makers of moral claims, which can be called “claimant injustice”. (shrink)

Here is something puzzling. Still Lifes can be expressive. Expression involves movement. Hence, (some) Still Lifes move. This seems odd. I consider a novel explanation to this ‘static-dynamic’ puzzle from Mitchell Green (2007). Green defends an analysis of artistic expressivity that is heavily indebted to work on intermodal perception. He says visual stimuli, like colours and shapes, can elicit experienced resemblances to sounds, smells and feelings. This enables viewers to know how an emotion feels by looking at the picture. The (...) hypothesis is intriguing, but I show that his suggestion that we empathize with the pictorial content is implausible and that this exposes a flaw in the way his argument moves from experiential mappings to experiential-affective mappings. Consequently, I register some reservations about the way Green supposes we detect these cross-modal qualities. (shrink)

There is a persisting debate about what chemical bonds are and whether they exist. I argue that chemical bonds are real patterns of interactions between subatomic particles. This proposal resolves the problems raised in the context of existing understandings of the chemical bond and provides a novel way to defend the reality of chemical bonds.

One of the most plausible and widely discussed examples of strong emergence is molecular structure. The only detailed account of it, which has been very influential, is due to Robin Hendry and is formulated in terms of downward causation. This paper explains Hendry’s account of the strong emergence of molecular structure and argues that it is coherent only if one assumes a diachronic reflexive notion of downward causation. However, in the context of this notion of downward causation, the strong emergence (...) of molecular structure faces three challenges that have not been met and which have so far remained unnoticed. First, the putative empirical evidence presented for the strong emergence of molecular structure equally undermines supervenience, which is one of the main tenets of strong emergence. Secondly, it is ambiguous how the assumption of determinate nuclear positions is invoked for the support of strong emergence, as the role of this assumption in Hendry’s argument can be interpreted in more than one way. Lastly, there are understandings of causation which render the postulation of a downward causal relation between a molecule’s structure and its quantum mechanical entities, untenable. (shrink)

In this paper, I discuss Jenefer Robinson’s personalist account of pictorial expression. [1] According to personalism, a picture possesses the expressive properties we attribute to it because we take it that someone expresses E in the work. Robinson’s particular strategy exploits the concept of an implied persona who ‘unifies’ and ‘specifies’ what is expressed. [2] Dominic Lopes challenges this view by attacking what he takes to be a flawed assumption motivating the personalist account: the priority of figure expression. [3] Once (...) we acknowledge this flaw, he argues, there is no good reason to prefer personalism to an impersonalist theory. I will argue that Robinson qua personalist can pre-empt this strike by clarifying the relation between (a) what a picture expresses and (b) what is depicted as expressing in the picture. Rather than leading with the idea that personalism unifies or determines the meaning, I argue that impersonalism diminishes it and that, should it be accepted, we would be left with an impoverished view of what specific art pieces can mean. (shrink)

Depuis un peu plus de cinq ans, il existe dans le nord du Brésil des tensions sociales autour de la construction d’un projet de développement. La construction du barrage hydroélectrique de Belo Monte est un parfait exemple, à la fois pour illustrer la relation confuse entre le pouvoir public et les entreprises privées, durant la réalisation d’un ouvrage d’infrastructures et pour étudier comment cette relation influence l’« acceptabilité sociale » du projet. Pour Belo Monte, le gouvernement a mis en place (...) une politique d’investissements locaux par l’intermédiaire d’un plan de développement durable, parallèle à la construction de l’ouvrage civil. Le plan, pionnier dans son format, est financé par des ressources publiques et privées et distribue des financements pour divers projets proposés par la société civile et les gouvernements locaux. Il vise une meilleure insertion sociale du projet et son acceptation à l’échelle locale. Néanmoins, ce plan est aussi accusé, par les opposants au barrage, d’être une tentative de coopter la population locale. La situation que nous exposons vise à remettre en question le rôle de l’État dans l’acceptabilité sociale. Nous proposons d’aborder le croisement entre les sphères publiques et privées en ce qui concerne l’implémentation de services et de projets d’intérêts publics, en nous posant plusieurs questions : comment la gestion de l’acceptabilité sociale se fait-elle au Brésil, dans un cadre officiellement démocratique, mais où les pratiques sont historiquement populistes? Quelle place reste-t-il pour les populations locales et leurs représentants et comment survivent les mouvements sociaux désireux de faire entendre leur voix dans le débat et la gestion du projet? Les questions démontrent la nécessité d’inclure le rôle central de l’État et son influence dans les débats sur l’« acceptabilité sociale », élargissant la littérature, jusqu’alors trop souvent exclusivement centrée sur le binôme entreprise-population concernée. (shrink)

Holobionts are symbiotic assemblages composed by a macrobe host plus its symbiotic microbiota. In recent years, the ontological status of holobionts has created a great amount of controversy among philosophers and biologists: are holobionts biological individuals or are they rather ecological communities of independent individuals that interact together? Chiu and Eberl have recently developed an eco-immunity account of the holobiont wherein holobionts are neither biological individuals nor ecological communities, but hybrids between a host and its microbiota. According to their account, (...) the microbiota is not a proper part of the holobiont. Yet, it should be regarded as a set of scaffolds that support the individuality of the host. In this paper, we approach Chiu and Eberl’s account from a metaphysical perspective and argue that, contrary to what the authors claim, the eco-immunity account entails that the microorganisms that compose the host’s microbiota are proper parts of the holobiont. Second, we argue that by claiming that holobionts are hybrids, and therefore, not biological individuals, the authors seem to be assuming a controversial position about the ontology of hybrids, which are conventionally characterized as a type of biological individual. In doing so, our paper aligns with the contemporary tendency to incorporate metaphysical resources to shed light on current biological debates and builds on that to provide additional support to the consideration of holobionts as biological individuals from an eco-immunity perspective. (shrink)

I argue for the existence of a ‘ratcheting-up effect’: the behavior of moral saints serves to increase the level of moral obligation the rest of us face. What we are morally obligated to do is constrained by what it would be reasonable for us to believe we are morally obligated to do. Moral saints provide us with a special kind of evidence that bears on what we can reasonably believe about our obligations. They do this by modeling the level of (...) sacrifice a person can realistically bear. Exposure to moral saints thus ‘ratchets-up’ our obligations by combating a type of ignorance that would otherwise defeat those obligations. (shrink)

This book illustrates how postcolonial theory can be put to work in education. It offers an accessible and handy overview and comparison of postcolonial theory and other theoretical debates related to critiques of Western ethnocentrism and hegemony. It also offers examples that illustrate how a discursive strand of postcolonial theory has been applied successfully in the contexts of educational research/critique and in pioneering pedagogical projects. This book supports educators and researchers in education to engage with postcolonial theoretical frameworks and their (...) implications for research and educational practice. (shrink)

This study tests how various kinds of trust impact attitudes toward euthanasia among the general public. The indication that trust might have an impact on euthanasia attitudes is based on the slippery slope argument, which asserts that allowing euthanasia might lead to abuses and involuntary deaths. Adopting this argument usually leads to less positive attitudes towards euthanasia. Tying in with this, it is assumed here that greater trust diminishes such slippery slope fears, and thereby increases euthanasia acceptance.