This paper analyses the judgment of the Supreme Court of Canada in the case of R v Ryan, 2013 SCC 3. This is a very significant decision from a variety of perspectives. The judgment is an important addition to the Canadian criminal law jurisprudence as it clarifies the scope of the defence of duress. However, from a feminist perspective, the case also highlights issues relating to situations in which victims of domestic violence eventually kill their partners following long cycles of (...) abuse. In addition, the judgment serves as a reminder of the substantial problems which still exist regarding the responses of criminal justice systems to victims of domestic violence and the abuse they have suffered. (shrink)

The concept of instantiation is realized differently across a variety of metaphysical theories. A certain realization of the concept in a given theory depends on what roles are specified and associated with the concept and its corresponding term as well as what entities are suited to fill those roles. In this paper, the classic realization of the concept of instantiation in a one-category ontology of abstract particulars or tropes is articulated in a novel way and defended against unaddressed objections.

In this paper I examine Grace A. de Laguna’s theory of universals in its historical context and in relation to contemporary debates in analytic metaphysics. I explain the central features of her theory, arguing that her theory should be classified as a form of immanent realism and as a powers ontology. I then show in what ways her theory affords a theory of modality in terms of potentialities and discuss some of its consequences along the way.

The innovative field of Regenerative Medicine (RM) is expected to extend the possibilities of prevention or early treatment in healthcare. Increasingly, clinical trials will be developed for people at risk of disease to investigate these RM interventions. These individuals at risk are characterised by their susceptibility for developing clinically manifest disease in future due to the existence of degenerative abnormalities. So far, there has been little debate about the ethical appropriateness of including such individuals at risk in clinical trials. We (...) discuss three main challenges of selecting this participant model for testing RM interventions: the challenge of achieving a proportional risk–benefit balance; complexities in the trial design in terms of follow-up and sample size; and the difficulty of obtaining informed consent due to the many uncertainties. We conclude that selecting the model is not ethically justifiable for first-in-man trials with RM interventions due to the high risks and uncertainties. However, the model can be ethically appropriate for testing the efficacy of RM interventions under the following conditions: interventions should be low risk; the degenerative abnormalities (and other risk factors) should be strongly related with disease within a short time frame; robust preclinical evidence of efficacy needs to be present; and the informed consent procedure should contain extra safeguards with regard to communication on uncertainties. (shrink)

Tuberculosis (TB) is a potentially fatal infectious disease that, in Aotearoa New Zealand (NZ), inequitably affects Asian, Pacific, Middle Eastern, Latin American, and African (MELAA), and Māori people. Medical research involving genome sequencing of TB samples enables more nuanced understanding of disease strains and their transmission. This could inform highly specific health interventions. However, the collection and management of TB isolate samples for research are currently informed by monocultural biomedical models often lacking key ethical considerations. Drawing on a qualitative kaupapa (...) Māori–consistent study, this paper reports on preliminary discussions with groups of Māori, Pacific, and Afghan people in NZ, whose communities have been harmed by TB and TB stigma. Participants’ discussions highlight key concerns and meanings that ought to inform the development of guidelines and a more robust consultative process for the governance of how TB isolate samples are collected and used both retrospectively and in future research. We argue for ethical processes to be culturally nuanced and community-generated, flexible and meaningful, and situated in relation to the physical and symbolic effects of TB. We discuss the significance of Indigenous data sovereignty, rights, and kāwanatanga (governorship) in shaping a multicultural data sovereignty model. (shrink)

The language of “participant-driven research,” “crowdsourcing” and “citizen science” is increasingly being used to encourage the public to become involved in research ventures as both subjects and scientists. Originally, these labels were invoked by volunteer research efforts propelled by amateurs outside of traditional research institutions and aimed at appealing to those looking for more “democratic,” “patient-centric,” or “lay” alternatives to the professional science establishment. As mainstream translational biomedical research requires increasingly larger participant pools, however, corporate, academic and governmental research programs (...) are embracing this populist rhetoric to encourage wider public participation. We examine the ethical and social implications of this recruitment strategy. We begin by surveying examples of “citizen science” outside of biomedicine, as paradigmatic of the aspirations this democratizing rhetoric was originally meant to embody. Next, we discuss the ways these aspirations become articulated in the biomedical context, with a view to drawing out the multiple and potentially conflicting meanings of “public engagement” when citizens are also the subjects of the science. We then illustrate two uses of public engagement rhetoric to gain public support for national biomedical research efforts: its post-hoc use in the “care.data” project of the National Health Service in England, and its proactive uses in the “Precision Medicine Initiative” of the United States White House. These examples will serve as the basis for a normative analysis, discussing the potential ethical and social ramifications of this rhetoric. We pay particular attention to the implications of government strategies that cultivate the idea that members of the public have a civic duty to participate in government-sponsored research initiatives. We argue that such initiatives should draw from policy frameworks that support normative analysis of the role of citizenry. And, we conclude it is imperative to make visible and clear the full spectrum of meanings of “citizen science,” the contexts in which it is used, and its demands with respect to participation, engagement, and governance. (shrink)

Over the last 50 years, there has been significant development of qualitative research and related methods in healthcare. Theoretical frameworks support researchers in selecting appropriate research approaches, procedures and analytical tools. However, the implications of the choice of theory are sparsely elucidated. Based on a text excerpt from a public debate article, the study aimed to show how different theory‐inspired analytical perspectives produced varied understandings of the same text. The study presented three subanalyses inspired by Bourdieu's sociological theory, Lazarus and (...) Folkman's psychological theory and utilitarian ethics, respectively. The analyses showed that by using different theoretical analytical perspectives in inductive processes, an immediate interpretation of the text was not obvious. It became possible to spot the underlying meta‐theoretical assumptions, as the interpretations were not taken for granted or indisputable. Our analyses suggest that different theoretical lenses lead to different interpretations of the same empirical material, recognising the existence of multiple truths or realities. Thus, utilising a theoretical perspective in inductive analyses can enhance transparency and rigour because the analytical optics are made explicit to the reader. This allows the reader to follow the analysis processes and comprehend from which theoretical starting point a truth arises. (shrink)

ABSTRACT In this paper we attempt to sharpen and to provide an answer to the question of when human beings first become conscious. Since it is relatively uncontentious that a capacity for raw sensation precedes and underpins all more sophisticated mental capacities, our question is tantamount to asking when human beings first have experiences with sensational content. Two interconnected features of our argument are crucial. First, we argue that experiences with sensational content are supervenient on facts about electrical activity in (...) the cerebral cortex which can be ascertained through EEG readings. Second, we isolate from other notions of a‘functioning brain’that which is required to underpin the view that a cortex is functioning in a way which could give rise to rudimentary conscious experiences. We investigate the development in the human fetus of the anatomical and chemical pathways which underpin (immature) cortical activity and the growth and maturation of the electrical circuitry specifically associated with sensational content in adult experience. We conclude (tentatively) that a fetus becomes conscious at about 30 to 35 weeks after conception; an answer based on a careful analysis of EEG readings at various stages of cortical development. Finally, we survey the possible ethical ramifications of our answer. (shrink)

Purdue University and Syracuse University.

Threat themes are clearly over-represented in dreams. Threat is, however, not the only theme with potential evolutionary significance. Even for hypnagogic and hypnopompic hallucinations during sleep paralysis, for which threat themes are far commoner than for ordinary dreaming, consistent non-threat themes have been reported. Revonsuo's simulation hypothesis represents an encouraging initiative to develop an evolutionary functional approach to dream-related experiences but it could be broadened to include evolutionarily relevant themes beyond threat. It is also suggested that Revonsuo's evolutionary re-interpretation of (...) dreams might profitably be compared to arguments for, and models of, evolutionary functions of play. [Revonsuo]. (shrink)

AimThe neurocognitive basis of Developmental Coordination Disorder remains an issue of continued debate. This combined systematic review and meta-analysis provides a synthesis of recent experimental studies on the motor control, cognitive, and neural underpinnings of DCD.MethodsThe review included all published work conducted since September 2016 and up to April 2021. One-hundred papers with a DCD-Control comparison were included, with 1,374 effect sizes entered into a multi-level meta-analysis.ResultsThe most profound deficits were shown in: voluntary gaze control during movement; cognitive-motor integration; practice-/context-dependent (...) motor learning; internal modeling; more variable movement kinematics/kinetics; larger safety margins when locomoting, and atypical neural structure and function across sensori-motor and prefrontal regions.InterpretationTaken together, these results on DCD suggest fundamental deficits in visual-motor mapping and cognitive-motor integration, and abnormal maturation of motor networks, but also areas of pragmatic compensation for motor control deficits. Implications for current theory, future research, and evidence-based practice are discussed.Systematic Review RegistrationPROSPERO, identifier: CRD42020185444. (shrink)

The political system adopted by Restoration France seemed to call for opposition, and possibly even parties, on the model of Britain. The French, however, remained deeply divided by the Revolution, such that the civilities of parliamentary government developed only with difficulty. Reflecting the distrust inherited from the Revolution, deputies favoured a secret ballot for votes in the chambers and this alone made it easy to disguise political loyalties or to change them. Those who resisted the British model emphasized the virtues (...) of political choices that responded only to one's conscience and sense of honour. On that basis, party seemed inconsistent both with French individualism and with a sense of delicacy. Supporting the claims for indig- enous political mores were perceptions of British politics that exaggerated the discipline of their parties. Though party bonds in France remained very loose — and understanding of the logic of parliamentary government less than perfect — those now deemed the important political thinkers of the time were, in the main, admirers of the politics of party. (shrink)

The parodos of the Frogs is one of the most controversial passages in Aristophanes. Was it intended to parody the Eleusinian Mystery procession—or some other ritual? A writer wishing to discuss any part of the parodos must first outline his position with regard to this basic problem. I shall therefore as simply and briefly as possible state my own view and the reasons for it before dealing with the specific question posed by the title of the article.

August Wilhelm von Schlegel, who did so much to rend the already torn artistic reputation of Euripides in the early nineteenth century, is singularly lenient in his criticism of the Hecuba. His adverse comment is limited to three points only: The first, that ‘the two actions of this piece—the sacrifice of Polyxena and the revenge on Polymestor on account of the murder of Polydorus—have nothing in common with each other but their connexion with Hecuba’; the second, that ‘the second half (...) destroys the soft impressions of the first in a highly repulsive manner’; and the third, that it is ‘not very suitable that Hecuba should display such presence of mind in her revenge.’ In this leniency he differs from one of the latest modern English critics, Professor G. Norwood,2 who does not hesitate to condemn the play as ‘on the whole poor and uninteresting,’ ‘far below the best of Euripides' work’; and from his great predecessor, J. J. Reiske, who condemned the play on ten distinct counts, all different from those that form the basis of SchlegeFs own argument. (shrink)

La parole est l'entre-deux qui sépare et unit moi et le monde, moi et toi, moi et moi-même. On se demande quelle est la relation entre moi et ma parole, si la parole découle de l'essence même de mon être. Une analyse phénoménologique, qui partirait du dialogue comme d'un donné indubitable, ne suffit pas tout à fait, puisqu'il il s'agit d'un sens éventuel du dialogue pour le tout de mon être. Il faut donc aborder la question d'un point de vue (...) d'où le dialogue lui-même est mis en suspens. Commençons par l'indubitable absolu : l'être. Il y a quelque chose, quoi que ce soit, il y a au moins la question même de l'être. Mais cette question qui se met elle-même en question, se sait être. Et qu'est cela sinon moi-même, pas encore opposé, il est vrai, à toi, à lui, à nous ? Pourtant je ne suis pas l'être ; il y a en moi une dualité entre essence et être, et une dualité entre être et penser. Je sais que je suis, je cherche encore qui je suis. Eh bien, je suis « ici et maintenant » , c. à. d. je suis dans un ordre spatio-temporel, par mon corps, qui est donc ce qui m'exprime à moi-même, ma parole. Mais mon corps est originellement en commerce avec les êtres du monde, et j'ai le sentiment de cette situation par la perception et le comportement. En révélant le sens des êtres du monde, en leur donnant des noms de mon point de vue, je me nomme moi-même. En revenant sur la voie parcourue jusqu'ici, l'article démontre que ce n'est pas seulement mon monde que je nomme. Le « moi » de la certitude absolue est un « nous » pas encore détaillé. Et à l'intérieur de ce « nous » jaillit, par ta foi en moi, l'opposition communicative entre moi et toi, que j'expérimente surtout dans la corrélation de la voix et de l'ouïe. La parole fonde la communauté, puisqu'en exprimant mon être elle s'adresse à vous, et manifeste ainsi mon être comme « être-avec » . L'être même est infini, et donc communicabilité pure, et donc parole. Mais notre parole humaine n'est que participation déficiente de la communication immédiate qui serait l'identité de l'être, le connaître et l'aimer. Elle reste moyen, et donc succédané de l'immédiat, et donc ambigue. Notre dialogue doit se transcender dans l'inexprimable, dans le silence. La parole essentielle, la parole de l'amour, est pour les hommes la parole la plus dangereuse et la plus incertaine. Elle ne se prouve que par la fidélité. Mais tout ce que nous disons et faisons est destiné à devenir l'incarnation de cette parole. (shrink)