Readers of this book are sure to view the ethics of incentives in a new light.

Calls are increasing for American health care to be organized as a learning health care system, defined by the Institute of Medicine as a health care system “in which knowledge generation is so embedded into the core of the practice of medicine that it is a natural outgrowth and product of the healthcare delivery process and leads to continual improvement in care.” We applaud this conception, and in this paper, we put forward a new ethics framework for it. No such (...) framework has previously been articulated. The goals of our framework are twofold: to support the transformation to a learning health care system and to help ensure that learning activities carried out within such a system are conducted in an ethically acceptable fashion. (shrink)

Incentives are typically conceived as a form of trade, and so voluntariness appears to be the only ethical concern. As a consequence, incentives are often considered ethically superior to regulations because they are voluntary rather than coercive. But incentives can also be viewed as one way to get others to do what they otherwise would not; that is, as a form of power. When incentives are viewed in this light, many ethical questions arise in addition to voluntariness: What are the (...) responsibilities of the powerful in using incentives? Can incentives be manipulative or exploitative, even if people are free to refuse them? Like all other forms of power, incentives can be abused. This paper develops criteria for distinguishing their legitimate from their illegitimate uses, viz. legitimacy of purpose, voluntariness, and effect on character. The criteria are then applied to three cases: plea bargaining, recruiting medical research subjects, and motivating children to learn. Thinking of incentives in terms of.. (shrink)

Groff defends 'realism about causality' through close discussions of Kant, Hilary Putnam, Brian Ellis and Charles Taylor, among others. In so doing she affirms critical realism, but with several important qualifications. In particular, she rejects the theory of truth advanced by Roy Bhaskar. She also attempts to both clarify and correct earlier critical realist attempts to apply realism about causality to the social sciences. By connecting issues in metaphysics and philosophy of science to the problem of relativism, Groff bridges the (...) gap between the philosophical literature and broader debates surrounding socio-political theory and poststructuralist thought. This unique approach will make the book of interest to philosophers and socio-political theorists alike. (shrink)

Talk of powers is muddled. Building upon Powers and capacities in philosophy: The new aristotelianism, Routledge, London, 2012a, pp 207–227), I disambiguate four senses of the term: powers construed as activity, as capacity/potentiality, as essence and as necessity, respectively, in an attempt to clarify what it is that realists about causal powers take themselves to be realists about.

In his essay "Consumers Need Information: Supplementing Teleosemantics with an Input Condition" (this issue) Nicholas Shea argues, with support from the work of Peter Godfrey-Smith (1996), that teleosemantics, as David Papinau and I have articulated it, cannot explain why "content attribution can be used to explain successful behavior." This failure is said to result from defining the intentional contents of representations by reference merely to historically normal conditions for success of their "outputs," that is, of their uses by interpreting or (...) consuming mechanisms, bypassing the more traditional focus, of those who would naturalize intentional content, on causal or informational inputs. Shea proposes to "add an input condition to teleosemantics," requiring that simple representations must carry "correlational information." I am grateful to Shea for his paper, as it presents me with an opportunity to clarify two fairly central features of my position on intentional content, one of which seems to have been overlooked in the literature (Millikan 1993a), the other of which I have stated previously only in a confusing way (Millikan 2004, Chapters 3-4). The first clarification concerns the general form that I take explanation by reference to intentional states to have. The second concerns my description of "locally recurrent natural information," why this kind of information is needed in place of Shea's "correlational information" to explain what feeds simple representational systems, and why no reference to natural information is needed to account for the success of behaviors by reference to the truth of representations that motivate them. (shrink)

I argue that realism about causal powers sublates the passivist, Humean-inflected free will problematic. In the first part of the paper I show that adopting what I call ‘powers-non-determinism’ reconfigures the conceptual terrain with respect to the causation component of the contemporary problematic. In part two I show how adopting ‘powers-non-determinism’ significantly alters the nature of the discussion with respect to the agency component of the problematic. In part three I compare ‘powers-non-determinism’ to an otherwise- Humean agent causal position.

Rather than the art of putting forward logically valid arguments leading to Truth, argumentation is here viewed as the use of verbal means ensuring an agreement on what can be considered reasonable by a given group, on a more or less controversial matter. What is acceptable and plausible is always coconstructed by subjects engaging in verbal interaction. It is the dynamism of this exchange, realized not only in natural language, but also in a specific cultural framework, that has to be (...) accounted for. From this perspective, it is not enough to reconstruct patterns of reasoning. As logos is by definition both Reason and Language, abstract schemata have to be examined in their verbal realization in a given situation of discourse. Such an approach to arguments allows for a “thick” description taking into account their discursive and communicational aspects, as well as argumentation’s constitutive dialogism and its inscription in a set of common representations, opinions and beliefs (a doxa). This approach, exemplified by the analysis of a short text on stock options borrowed from the French newspaper Libération, is an attempt at establishing a dialogue between disciplines like argumentation theories, rhetorical criticism and discourse analysis. (shrink)

The commitment to evidence-based practice in clinical psychology requires scientific investigation of the effects of treatment and mechanisms of change. Empirical evidence suggests that mindfulness-based treatments provide clinically meaningful improvement for people suffering from many important problems, including depression, anxiety, pain, and stress. However, the processes of change that produce these beneficial outcomes are not entirely clear. Central questions include whether mindfulness training leads to increases in the general tendency to respond mindfully to the experiences of daily life, and if (...) so, whether these changes are responsible for the improvements in mental health that are often observed. Answering these questions requires methods for assessing mindfulness. Several tools for this purpose are now available and early evidence suggests that they are useful and informative, despite shortcomings that require additional work. This paper summarizes the rationale for mindfulness questionnaires, the methods used to construct them, and research findings on their utility. Challenges related to maintaining consistency with Buddhist conceptions of mindfulness while applying psychological research methods to the study of its assessment are discussed. (shrink)

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

Ontology. Revisited. Groff's argument cuts against a familiar anti-metaphysical grain. Social and political philosophy, she maintains, is not as metaphysically neutral as it may seem. Even the most deontological of theories connects up with a ...

Rhodes seeks to defend her ‘conclusion that everyday ethics and medical ethics [are] incompatible’.1 She challenges ‘views that medical ethics is nothing more than common morality applied to clinical matters’.1 Beauchamp and Childress explicate the term ‘common morality’ at length.2 Nowhere do they claim that medical ethics is ‘nothing more than common morality applied to clinical matters’. Here is what they do say: “The origin of the norms of the common morality is no different in principle from the origin of (...) the norms of a particular morality for a medical or other profession … The primary difference is that the common morality has authority in all communities, whereas particular moralities are authoritative only for specific groups”.2 This critique discusses the seven examples Rhodes uses to illustrate her main point: that common morality and medical ethics are radically different. I contend that common morality accounts for the purported differences she cites. In ordinary life, people can simply mind their own business, whereas physicians have a duty to act in their professional setting. On this view, common morality cannot explain the moral obligation people have to prevent easily avoidable harm to others. A bystander …. (shrink)

I argue that a powers-based metaphysics radically reconfigures the existing free will problematic. This is different from claiming that such an approach solves the ill-conceived problems that emerge from Humean-Kantian default commitments.

This paper will discuss the correlation between the world of everyday life, finite provinces of meaning, and religion. To this end, the paper will start out by explaining Schutz’ considerations on “paramount reality” of the world of everyday life as well as the theory of “multiple realities” and “finite provinces of meaning”. Schutz’ considerations will then be elaborated upon and taken a step further in a discussion of the various ‘realnesses’ of the multiple realities. Special attention will be paid to (...) a finite province of meaning only mentioned in passing by Schutz: religion. The paper will first analyze the special features of religion as a finite province of meaning and highlight the correlation it enters with the world of everyday life. Subsequently, hereafter and paradise conceptions will be described as “ultimate provinces of meaning,” and it will be shown how their realnesses connect to the world of everyday life. Finally, the “fundamental anxiety” will be studied as the motor of the relevance structures of the world of everyday life, the finite provinces of meaning as well as the hereafter conceptions. (shrink)

This article discusses work on implementing emotional and cultural models into synthetic graphical characters. An architecture, FAtiMA, implemented first in the antibullying application FearNot! and then extended as FAtiMA-PSI in the cultural-sensitivity application ORIENT, is discussed. We discuss the modelling relationships between culture, social interaction, and cognitive appraisal. Integrating a lower level homeostatically based model is also considered as a means of handling some of the limitations of a purely symbolic approach. Evaluation to date is summarised and future directions discussed.

This article discusses the status of transcripts in Conversation Analysis. Repeatedly, the function and the epistemic state of transcripts have been the subject of discussions and reflections in Conversation Analysis. Drawing on a range of empirical examples taken from various authors, this article discusses the question of how present forms of visuality and multi-modality in the data material or the handling of artifacts can be captured in transcripts and how the problem of ‘representation’ of complex and interactive situations can be (...) solved. It turns out that the evolution of recording media along with the medium shift in Conversation Analysis has altered the status of transcripts, effecting a twofold ‘in-between-ness’: transcripts inhabit the conceptual space between orality and literacy on the one hand and between artwork and figure on the other hand. This oscillating hybrid nature proves to be the central property of transcripts in present-day Conversation Analysis. Transcripts are described as scientific ‘objects of knowledge’ and discussed with respect to their methodological and epistemic status. (shrink)

Where we once spoke in military terms, we now often wield the language of the market: health care is a “product” and we are its “providers” and “consumers.” The market metaphor constrains in various ways our vision of the goals we pursue in making health policy, of the options available to us in pursuing them, indeed—because policy implies a certain view of moral agency—of the way we relate to each other.

Connected Lives examines the account of human nature that is implicit in an ethics of care, a picture of human lives that emphasizes interdependency, embodiment, and social connectedness. The book makes important connections to the picture of human life found in theorists of love such as St. Augustine and Emmanuel Levinas, and shows that when care theory is articulated clearly, it provides resources for thinking through some of the difficult moral issues we face in the contemporary world, issues such as (...) assisted reproduction and the new genetic technologies. (shrink)

This editorial explains the themes of the forthcoming FLaK seminar and how those themes draw on the collective and individual contributions of the articles, interviews and commentaries presented in this issue. At FLaK, we propose to think with others about the kind of ‘kitchen table’ that FLS might provide into the future. How might feminist legal studies—the approach and the journal—best use its food, equipment, techniques, time, space, mood, energy and commitment? How shall FLS scholars and associates make the most (...) of what we have in a room that can sometimes be confining and confusing, yet also exciting and sustaining? How do others engage with the processes and products of our kitchen table? In considering these issues and more, we propose to draw reflexively on feminist legacies of praxis, internationalism and openness, as we stock up and critically reflect on decolonizing techniques, legal know-how, protest and publishing practices. (shrink)

Locke often writes that our knowledge is the perception of the agreement or disagreement of ideas. For example, he refers to “our Knowledge consisting in the perception of the Agreement, or Disagreement of any two Ideas” in the second chapter of the Essay's book on knowledge. Similarly, at the beginning of this book he characterizes knowledge as “the perception of the connexion and agreement, or disagreement and repugnancy of any of our Ideas”. Since commentators remark on this formula so frequently, (...) one would expect that major questions about its interpretation would have been settled long ago. But not so. Controversy still prevails about Locke's intent, and especially about his assumption that the knowledge of the existence of real things counts as an instance of the perception of the agreement or disagreement of ideas.Scholars have put forward two sorts of problems about the attempted assimilation of knowledge of real existence to Locke's formula. (shrink)

In the current research landscape, there are increasing demands for research to be innovative and cutting-edge. At the same time, concerns are voiced that as a consequence of neoliberal regimes of research governance, innovative research becomes impeded. In this paper, I suggest that to gain a better understanding of these dynamics, it is indispensable to scrutinise current demands for innovativeness as a distinct way of ascribing worth to research. Drawing on interviews and focus groups produced in a close collaboration with (...) three research groups from the crop and soil sciences, I develop the notion of a project-innovation regime of valuation that can be traced in the sphere of research. In this evaluative framework, it is considered valuable to constantly re-invent oneself and take ‘first steps’ instead of ‘just’ following up on previous findings. Subsequently, I describe how these demands for innovativeness relate to and often clash with other regimes of valuation that matter for researchers’ practices. I show that valuations of innovativeness are in many ways bound to those of productivity and competitiveness, but that these two regimes are nevertheless sometimes in tension with each other, creating a complicated double bind for researchers. Moreover, I highlight that also the project-innovation regime as such is not always in line with what researchers considered as a valuable progress of knowledge, especially because it entails a de-valuation of certain kinds of long-term epistemic agendas. I show that prevailing pushes for innovativeness seem to be based on a rather short-sighted temporal imaginary of scientific progress that is hardly grounded in the complex realities of research practices, and that they can reshape epistemic practices in potentially problematic ways. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

The study draws attention to the transfer of management theories and practices from traditional capitalist countries such as the USA and UK to post-socialist countries that are currently experiencing radical change as they seek to introduce market reforms. It is highlighted that the efficacy of this transfer of management theories and practices is, in part, dependent upon the extent to which work-related attitudes and values vary between traditional capitalist and former socialist contexts. We highlight that practices such as Human Resource (...) Management (HRM) and Organization Development (OD) are inextricably associated with conceptions surrounding culture and society, as well as to variables such as job satisfaction and organisational commitment. The main aim of this study is to compare various attitudes and values of employees in traditional capitalist countries and post-socialist countries. On the basis of the findings of an attitudinal survey of (N = 5914) workers in 15 countries we conclude that certain aspects of the attitudes and values of workers in post-socialist countries and traditional capitalist countries differ significantly. Specifically, these differences were found in respect of context-related and job-related attitudes, and also in relation to the importance that the respondents attached to the subject of ethics more generally. The implications of the study are discussed particularly in relation to the transfer of management theory and practices between traditional capitalist and post-socialist contexts. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

The goal of this article is to explore how a social justice framework can help illuminate the role that consent should play in health and science policy. In the first section, we set the stage for our inquiry with the important case of Henrietta Lacks. Without her knowledge or consent, or that of her family, Mrs. Lacks’s cells gave rise to an enormous advance in biomedical science—the first immortal human cell line, or HeLa cells.

A realist, powers‐based metaphysics is very much on the table in contemporary metaphysics, and is beginning to take hold in philosophy of mind and philosophy of science. On this picture, causality is (roughly) a matter of the powers that things have to effect change(s) in other things. The realist view is at odds with every version of Humeanism, according to all of which causation is not, in the end, about the exercise of powers, but rather, in one way or another, (...) about regular sequences. The chapter has two parts. In the first part the chapter considers how it is that analytic philosophers of social science have been able thus far to side‐step the critique of Humeanism. In the second part, the chapter considers how analytic philosophy of social science might look different, were Humeanism no longer to be its tacit metaphysics. (shrink)

In this study we compared the ethical attitudes of a group of experienced, predominantly female, registered nurses (n = 67) with those of a group of final year, mixed sex, medical students (n = 125). The purpose was to determine the basis of differences in attitudes that could lead to ethical disagreements between these two groups when they came to work together. A questionnaire developed to explore ethical attitudes was administered and the responses of the two groups were compared using (...) t-tests. Because of the preponderance of females among the nurses an analysis of variance of the gender-adjusted scores for each group was also carried out. On comparing the responses, the nurses differed significantly from the medical students in a number of ethical domains. A potential source of conflict between these two groups is that the nurses were inclined to adopt the perspective of patients but the medical students identified with their profession. When corrected for the effects of gender, the differences persisted, indicating that it was discipline that determined the differences. We recommend that students of nursing and medicine receive ethics education together, and that more open dialogue between doctors and nurses with respect to their different ethical viewpoints is needed in the work setting. This article will be of interest to educators of students of medicine and nursing, as well as to doctors and nurses who are eager to improve their professional relations and thereby improve patient care. (shrink)

Sexual abuse by clergymen, poisoned water, police brutality—these cases each involve two wrongs: the abuse itself and the attempt to avoid responsibility for it. Our focus is this second wrong—the cover up. Cover ups are accountability failures, and they share common strategies for thwarting accountability whatever the abuse and whatever the institution. We find that cover ups often succeed even when accountability mechanisms are in place. Hence, improved institutions will not be sufficient to prevent accountability failures. Accountability mechanisms are tools (...) that people must be willing to use in good faith. They fail when people are complicit. What explains complicity? We identify certain human proclivities and features of modern organizations that lead people to become complicit in the wrongdoing of others. If we focus exclusively on the design of institutions, we will fail to constrain the perpetrators of wrongdoing. Understanding complicity is key to understanding accountability failures. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 57 Heft: 3 Seiten: 342-367.

The study of landscape and place has become an increasingly fertile realm of inquiry in the humanities and social sciences. In this new book of essays, selected from presentations at the first annual meeting of the Society for Philosophy and Geography, scholars investigate the experiences and meanings that inscribe urban and suburban landscapes. Gary Backhaus and John Murungi bring philosophy and geography into a dialogue with a host of other disciplines to explore a fundamental dialectic: while our collective and personal (...) activity modifies the landscape, in turn, the landscape modifies human identities, and social and environmental relations. Whether proposing a peripatetic politics, conducting a sociological analysis of building security systems, or critically examining the formation of New York City's municipal parks, each essay sheds distinctive light on this fascinating and engaging aspect of contemporary environmental studies. (shrink)

John Locke's Some Thoughts Concerning Education began as a series of letters to his friend, Sir Edward Clarke. Written during the same period he was writing the final draft of An Essay Concerning Human Understanding, the Thoughts was first published in 1693. Locke was as concerned with cultivating the minds of adults as he was with childhood education. Of the Conduct of the Understanding addresses this concern. Locke's thoughts on education are part of his comprehensive epistemological, moral, and political reflections. (...) For this reason, this chapter begins by considering the Thoughts and the Conduct in turn for what they reveal of Locke's educational principles and recommended practices. Then, it turns to address the ways in which these writings on education can deepen our understanding of unresolved theoretical problems in Locke's thought, of key concepts such as freedom and reasonableness, and of the degree of coherence of his philosophy altogether. (shrink)

Is it more dangerous to call something evil or not to? This fundamental question deeply divides those who fear that the term oversimplifies grave problems and those who worry that, to effectively address such issues as terrorism and genocide, we must first acknowledge them as evil. Recognizing that the way we approach this dilemma can significantly affect both the harm we suffer and the suffering we inflict, a distinguished group of contributors engages in the debate with this series of timely (...) and original essays. Drawing on Western conceptions of evil from the Middle Ages to the present, these pieces demonstrate that, while it may not be possible to definitively settle moral questions, we are still able—and in fact are obligated—to make moral arguments and judgments. Using a wide variety of approaches, the authors raise tough questions: Why is so much evil perpetrated in the name of good? Could evil ever be eradicated? How can liberal democratic politics help us strike a balance between the need to pass judgment and the need to remain tolerant? Their insightful answers exemplify how the sometimes rarefied worlds of political theory, philosophy, theology, and history can illuminate pressing contemporary concerns. (shrink)