is an unusual phenomenon. The concern with rights different citizens have in different societies is legal rather than philosophical. It is frequently somewhat a technical matter for jurisprudence to decide exactly what rights a citizen has in a given situation and how he might best exercise his rights. Often, to be sure, the legal technicalities involve matters of principle, and if so these should be made explicit. For this, too, there is a need less for philosophy and more for jurisprudence, (...) for detailed legal study. For example, the problems concerning interests of third parties - related to the questions of when is a third party an aggrieved person, so-called, and what are the rights of the aggrieved third party - have been taken up, in the sixties, by diverse federal courts of the United States, with the aim of increasing individual rights when these are encroached upon by public agencies.1 Although this may call for much philosophical commentary, it is clearly more a legal matter than a philosophical concern. Even the broadly philosophical question of rights within a legal system requires a greater degree of legal than philosophical considerations. Recently H.L.A. Hart, the foremost living legal philosopher, has cited Sir Henry Maine (1891) and William Warwick Buckland (1950) approvingly to support his view that even "Roman law never achieved a clear concept of a legal right." 2 It is not clear to a philosopher what "a clear concept of legal rights" might be, and a philosopher like Hannah Arendt never. concerned herself with this matter when she expressed her admiration for the rights of a Roman citizen to his privacy.3 Regardless of whether we admire or deplore this, we can agree that at least in principle a Roman citizen had more rights and prerogatives within his family than any modern civilized law would ever permit. A philosopher with only a modicum of sensitivity can say that although Rome was not a democracy, and even though in Rome the rights of women and children (not to mention slaves) were not recognized, the rights of citizens to privacy and to be free of the need ever to prove their innocence have nevertheless become the foundation stones of modern liberal individualistic democracy.. (shrink)

This book explains why Tocqueville saw the central task of modern statesmanship as combating 'individualism,' a type of civic apathy that he thought capable of robbing modern citizens of human virtue and issuing in a historically unprecedented form of despotism. It looks in depth at the mechanisms he proposed for avoiding the perils and securing the promise of democracy in his own day, and discusses how Tocqueville's insights might be applied in our own time.

This paper argues that the mode of statesmanship recommended in Utopia provides the framework for the Epigrams. While Utopia demonstrates the need for artful indirection by exposing the vices of a man too proud to adopt it, the Epigrams exhibit More's preparation for and practice of a tactfully philosophic statesmanship.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

The Internet furore over Intel’s flawed Pentium chip provides an important case study of the ethical ambiguity of internet communications and the legitimacy of certain forms of “electronic activism”. Joseph Badaracco, Jr., is John Shad Professor of Business Ethics at the Harvard Business School and his co‐author is a former Research Associate at Harvard and currently on the editorial staff of Inc. magazine.

Everyone has mistaken one thing for another, such as a stranger for an acquaintance. A person who has mistaken two things, Joseph Camp argues, even on a massive scale, is still capable of logical thought. In order to make that idea precise, one needs a logic of confused thought that is blind to the distinction between the objects that have been confused. Confused thought and language cannot be characterized as true or false even though reasoning conducted in such language (...) can be classified as valid or invalid. To the extent that philosophers have addressed this issue at all, they take it for granted that confusion is a kind of ambiguity. Camp rejects this notion; his fundamental claim is that confusion is not a mental state. To attribute confusion to someone is to take up a paternalistic stance in evaluating his reasoning. Camp proposes a novel characterization of confusion, and then demonstrates its fruitfulness with several applications in the history of philosophy and the history of science. (shrink)

Although clinical ethics consultation is a high-stakes endeavor with an increasing prominence in health care systems, progress in developing standards for quality is challenging. In this article, we describe the results of a pilot project utilizing portfolios as an evaluation tool. We found that this approach is feasible and resulted in a reasonably wide distribution of scores among the 23 submitted portfolios that we evaluated. We discuss limitations and implications of these results, and suggest that this is a significant step (...) on the pathway to an eventual certification process for clinical ethics consultants. (shrink)

Traditional approaches to measurement of violations of academic integrity may overestimate the magnitude and severity of cheating and confound panic with planned cheating. Differences in the severity and level of premeditation of academic integrity violations have largely been unexamined. Results of a study based on a combined sample of business students showed that students are more likely to commit minor cheating offenses and engage in panic-based cheating as compared to serious and planned cheating offenses. Results also indicated there is a (...) significant interaction between severity and type of cheating. We hypothesized serious and planned cheating offenses would be related to justifications and found the largest differences were between panic and planned. Finally, panic and minor cheating were associated with two self-control-related personality traits. Implications for cheating research are discussed. (shrink)

A donation paradox occurs when a player gives an apparently valuable prerogative to another player, but ‘does better’, according to some criterion. Peremptory challenges, used in choosing a American jury, permit each side to veto a certain number of potential jurors. With even a very simple model of jury selection, it is shown that for one side to give a peremptory challenge to the other side may lead to a more favorable jury, an instance of the donation paradox. Both a (...) theorem and examples are given concerning the existence of the donation paradox in the optimal use of peremptory challenges. (shrink)

Since the introduction of the concept of brain death by the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death in 1968, the validity of this concept has been challenged by medical scientists, as well as by legal, philosophical, and religious scholars. In light of increased criticism of the concept of brain death, Stephen Napier, a staff ethicist at the National Catholic Bioethics Center, set out to prove that the whole-brain death criterion serves as (...) good evidence for death in the Catholic bioethical framework, on the grounds that when whole-brain death has occurred the soul has already departed from the body. Opponents have argued that (1) brain death does not disrupt the somatic integrative unity and coordinated biological functioning of a living organism and (2) clinical tests outlined in the practice guidelines for determining brain death lack sufficient power to exclude persisting function and fail to detect elements of the brain that, although currently functionless, may retain potential for recovery under conditions of optimal medical care. It is therefore possible that heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of active euthanasia and physician-assisted death, both of which, either concealed or overt, the Catholic Church opposes. (shrink)

How are we to understand the role of bioethics in the health care system, government, and academe? This collection of original essays raises these and other questions about the nature of bioethics as a discipline.

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...) health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)

Recent, well-publicized scandals, involving unethical conduct have rekindled interest in academic misconduct. Prior studies of academic misconduct have focussed exclusively on situational factors (e.g., integrity culture, honor codes), demographic variables or personality constructs. We contend that it is important to also examine how␣these classes of variables interact to influence perceptions of and intentions relating to academic misconduct. In a sample of 217 business students, we examined how integrity culture interacts with Prudence and Adjustment to explain variance in estimated frequency of (...) cheating, suspicions of cheating, considering cheating and reporting cheating. Age, integrity culture, and personality variables were significantly related to different criteria. Overall, personality variables explained the most unique variance in academic misconduct, and Adjustment interacted with integrity culture, such that integrity culture had more influence on intentions to cheat for less well-adjusted individuals. Implications for practice are discussed and future research directions are offered. (shrink)

Our research’s aim is to assess the effect of cultural factors on business ethical decision-making process in a Western cultural context and in a non-Western cultural context. Specifically, this study investigates ethical perceptions, religiosity, personal moral philosophies, corporate ethical values, gender, and ethical intentions of U.S. and Moroccan business managers. The findings demonstrate that significant differences do exist between the two countries in idealism and relativism. Moroccan managers tend to be more idealistic than the U.S. managers. There is a strong (...) positive relationship between religiosity and idealism. There were mixed findings in examining the correlates of religiosity and various components of ethical intentions. Moroccan managers were more homogenous in their corporate ethical values than were the U.S. managers. The results demonstrate that (in general) idealism is a good predictor of ethical intentions and behaviors. Additionally, managers from the two countries differed in the degree of relationship between perceptions and intentions in three of the four scenarios. This study’s results confirm other research findings that, in general, female business managers have higher ethical sensitivity in terms of their ethical judgment than their male counterparts. Managerial implications are also discussed. (shrink)

Analyzes Schelling's arguments for his idealism and pieces together a description of his theory of nature from among the large number of his writings in this area. It also traces the influence of Naturphilosophie on 19th-century science and connects it with recent System Theory.

The Johns Hopkins-Fogarty African Bioethics Training Program (FABTP) has offered a fully-funded, one-year, non-degree training opportunity in research ethics to health professionals, ethics committee members, scholars, journalists and scientists from countries across sub-Saharan Africa. In the first 9 years of operation, 28 trainees from 13 African countries have trained with FABTP. Any capacity building investment requires periodic critical evaluation of the impact that training dollars produce. In this paper we describe and evaluate FABTP and the efforts of its trainees.Our data (...) show that since 2001, the 28 former FABTP trainees have authored or co-authored 105 new bioethics-related publications; were awarded 33 bioethics-related grants; played key roles on 78 bioethics-related research studies; and participated in 198 bioethics workshops or conferences. Over the past nine years, trainees have collectively taught 48 separate courses related to bioethics and have given 170 presentations on various topics in the field. Many former trainees have pursued and completed doctoral degrees in bioethics; some have become editorial board members for bioethics journals. Female trainees were, on average, less experienced at matriculation and produced fewer post-training outputs than their male counterparts. More comprehensive studies are needed to determine the relationships between age, sex, previous experience and training program outputs. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

While positive information in the context of clinical care can lead to placebo effects, negatively framed information can have negative or nocebo effects. Extant literature documents how doctor–patient encounters are fertile ground for suboptimal interactions leading to negative experiences for ethnoracial minority patients. In their _JME_ paper, Blease presents a critical perspective on the potential for patients’ access to their doctors’ clinical notes, ‘open notes’, to engender nocebo effects. 1 In this commentary, we affirm the central claim that nocebo effects (...) could emerge ‘via negative wording or framing of health information expressed by clinicians in documentation’. The advent of electronic health records (EHR) allowed patients the unprecedented opportunity to access personal clinical documentation, giving them a window into decision making around their health. This shift is undoubtedly complex, and thus warrants a more fulsome rendering of the unique challenges faced by ethnoracial minority patients. Herein, we highlight three... (shrink)

In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human death. Brain death does not disrupt somatic (...) integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)

Local food systems can have economic and social benefits by providing income for producers and improving community connections. Ongoing global climate change and the acute COVID-19 pandemic crisis have shown the importance of building equity and resilience in local food systems. We interviewed ten stakeholders from organizations and institutions in a U.S. midwestern city exploring views on past, current, and future conditions to address the following two objectives: 1) Assess how local food system equity and resilience were impacted by the (...) COVID-19 pandemic, and 2) Examine how policy and behavior changes could support greater equity and resilience within urban local food systems. We used the Community Capitals Framework to organize interviewees’ responses for qualitative analyses of equity and resilience. Four types of community capital were emphasized by stakeholders: cultural and social, natural, and political capital. Participants stated that the local food system in this city is small; more weaknesses in food access, land access, and governance were described than were strengths in both pre- and post-pandemic conditions. Stakeholder responses also reflected lack of equity and resilience in the local food system, which was most pronounced for cultural and social, natural and political capitals. However, local producers’ resilience during the pandemic, which we categorized as human capital, was a notable strength. An improved future food system could incorporate changes in infrastructure (e.g., food processing), markets (e.g., values-based markets) and cultural values (e.g., valuing local food through connections between local producers and consumers). These insights could inform policy and enhance community initiatives and behavior changes to build more equitable and resilient local food systems in urban areas throughout the U.S. Midwest. (shrink)

Coexistence between livestock grazing and carnivores in rangelands is a major challenge in terms of sustainable agriculture, animal welfare, species conservation and ecosystem function. Many effective non-lethal tools exist to protect livestock from predation, yet their adoption remains limited. Using a social-ecological transformations framework, we present two qualitative models that depict transformative change in rangelands grazing. Developed through participatory processes with stakeholders from South Africa and the United States of America, the models articulate drivers of change and the essential pathways (...) to transition from routine lethal management of carnivores towards mutually beneficial coexistence. The pathways define broad actions that incorporate multiple values in grazing systems including changes to livestock management practices, financial support, industry capacity building, research, improved governance and marketing initiatives. A key finding is the new concept of ‘Predator Smart Farming’, a holistic and conscientious approach to agriculture, which increases the resilience of landscapes, animals and rural livelihoods. Implementation of these multiple pathways would lead to a future system that ensures thriving agricultural communities, secure livelihoods, reduced violence toward animals, and landscapes that are productive and support species conservation and coexistence. (shrink)

The contributors to the volume discuss various approaches to bioethical thinking and the political and institutional contexts of bioethics, addressing underlying concerns about the purposes of its practice.

The application of neuroimaging technology to the study of the injured brain has transformed how neuroscientists understand disorders of consciousness, such as the vegetative and minimally conscious states, and deepened our understanding of mechanisms of recovery. This scientific progress, and its potential clinical translation, provides an opportunity for ethical reflection. It was against this scientific backdrop that we convened a conference of leading investigators in neuroimaging, disorders of consciousness and neuroethics. Our goal was to develop an ethical frame to move (...) these investigative techniques into mature clinical tools. This paper presents the recommendations and analysis of a Working Meeting on Ethics, Neuroimaging and Limited States of Consciousness held at Stanford University during June 2007. It represents an interdisciplinary approach to the challenges posed by the emerging use of neuroimaging technologies to describe and characterize disorders of consciousness. (shrink)

In psychoanalysis, enlivenment is seen as residing in a sense of self, and this sense of self is drawn from and shaped by lived experience. _Enlivening the Self: The First Year, Clinical Enrichment, and the Wandering Mind _describes the vitalizing and enrichment of self-experience throughout the life cycle and shows how active experience draws on many fundamental functional capacities, and these capacities come together in support of systems of motivation; that is, organized dynamic grouping of affects, intentions, and goals. The (...) book is divided into three essays: Infancy – _Joseph Lichtenberg_ presents extensive reviews of observation and research on the first year of life. Based on these reviews, he delineates twelve foundational qualities and capacities of the self as a doer doing, initiating and responding, activating and taking in. Exploratory therapy – _James L. Fosshage _looks where therapeutic change is entwined with development. There are many sources illustrated for enhancing the sense of self, and _Frank M. Lachmann _pays particular attention to humor and to the role that the twelve qualities and capacities play in the therapeutic process. The wandering mind – _Frank M. Lachmann _covers the neuroscience and observation that "mind wandering" is related to the immediacy of the sense of self linking now with past and future. Throughout the book the authors’ arguments are illustrated with rich clinical vignettes and suggestions for clinical practice. This title will be a must for psychoanalysts, including trainees in psychoanalysis, psychiatry residents and candidates at psychoanalytic institutes and also graduate students in clinical and counselling psychology programs. (shrink)