What form does power take in situations of retaliation against whistleblowers? In this article, we move away from dominant perspectives that see power as a resource. In place, we propose a theory of normative power and violence in whistleblower retaliation, drawing on an in-depth empirical study. This enables a deeper understanding of power as it circulates in complex processes of whistleblowing. We offer the following contributions. First, supported by empirical findings we propose a novel theoretical framing of whistleblower retaliation and (...) the role of mental health, which draws upon poststructuralist psychoanalytic thinking. Specifically, we highlight how intra- and inter-psychic affective and ambivalent attachments to organizations influence the use of normative violence in cases of whistleblower retaliation. The second contribution is empirical and builds upon the existing literature on whistleblower retaliation by highlighting how organizations position whistleblower subjects as mentally unstable and unreliable individuals, to undermine their claims. We conclude by highlighting the implications of normative power for the outcomes of whistleblower struggles. (shrink)

A growing body of empirical literature challenges philosophers’ reliance on intuitions as evidence based on the fact that intuitions vary according to factors such as cultural and educational background, and socio-economic status. Our research extends this challenge, investigating Lehrer’s appeal to the Truetemp Case as evidence against reliabilism. We found that intuitions in response to this case vary according to whether, and which, other thought experiments are considered first. Our results show that compared to subjects who receive the Truetemp Case (...) first, subjects first presented with a clear case of knowledge are less willing to attribute knowledge in the Truetemp Case, and subjects first presented with a clear case of nonknowledge are more willing to attribute knowledge in the Truetemp Case. We contend that this instability undermines the supposed evidential status of these intuitions, such that philosophers who deal in intuitions can no longer rest comfortably in their armchairs. (shrink)

Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of the burgeoning neurotransdiscipline scholarship; that is, scholarship at (...) the interface of law and functional magnetic resonance imaging (fMRI). (shrink)

This article examines the privacy and security issues associated with mobile application-mediated health research, concentrating in particular on research conducted or participated in by independent scientists, citizen scientists, and patient researchers. Building on other articles in this issue that examine state research laws and state data protection laws as possible sources of privacy and security protections for mobile research participants, this article focuses on the lack of application of federal standards to mobile application-mediated health research. As discussed in more detail (...) below, the voluminous and diverse data collected by some independent scientists who use mobile applications to conduct health research may be at risk for unregulated privacy and security breaches, leading to dignitary, psychological, and economic harms for which participants have few legally enforceable rights or remedies under current federal law. Federal lawmakers may wish to consider enacting new legislation that would require otherwise unregulated health data holders to implement reasonable data privacy, security, and breach notification measures. (shrink)

Though stereotype threat is most well-known for its ability to hinder performance, it actually has a wide range of effects. For instance, it can also cause stress, anxiety, and doubt. These additional effects are as important and as central to the phenomenon as its effects on performance are. As a result, stereotype threat has more far-reaching implications than many philosophers have realized. In particular, the phenomenon has a number of unexplored “epistemic effects.” These are effects on our epistemic lives—i.e., the (...) ways we engage with the world as actual and potential knowers. In this paper I flesh out the implications of a specific epistemic effect: self-doubt. Certain kinds of self-doubt can deeply affect our epistemic lives by exacerbating moments of epistemic injustice and by interacting with pernicious ideals of rationality. In both cases, self-doubt can lead to a person questioning their own humanity or full personhood. Since we have reasons to believe that stereotype threat can trigger this kind of self-doubt, then stereotype threat can affect various aspects of ourselves besides our ability to perform to our potential. It can also affect our very sense of self. (shrink)

The popular media has repeatedly pointed to pride as one of the key factors motivating leaders to behave unethically. However, given the devastating consequences that leader unethical behavior may have, a more scientific account of the role of pride is warranted. The present study differentiates between authentic and hubristic pride and assesses its impact on leader ethical behavior, while taking into consideration the extent to which leaders find it important to their self-concept to be a moral person. In two experiments (...) we found that with higher levels of moral identity, authentically proud leaders are more likely to engage in ethical behavior than hubristically proud leaders, and that this effect is mediated by leaders’ motivation to act selflessly. A field survey among organizational leaders corroborated that moral identity may bring the positive effect of authentic pride and the negative effect of hubristic pride on leader ethical behavior to the forefront. (shrink)

Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging. Following a brief orientation to fMRI and an overview of some of its current (...) and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts of health care, research, employment, insurance, criminal justice, litigation, and cognitive privacy. (shrink)

If asked whether stereotypes about people have the potential to help overcome injustice, I suspect that many think there is a clear-cut answer to this question, and that answer is “no.” Many stereotypes do have harmful effects, from the blatantly dehumanizing to the more subtly disruptive. Reasonably then, a common attitude toward stereotypes is that they are at best shallow, superficial assumptions, and at worst degrading and hurtful vehicles of oppression. I argue that on a broad account of stereotypes, this (...) is not is not an inherent feature of them nor a foregone conclusion about them. At least some positive stereotypes have the potential to help resist certain forms of epistemic injustice--though they likely can only play a limited or temporary role in this regard. The takeaway is that we should approach moral and epistemic analyses of stereotypes by thinking about them as (crude) cognitive tools, and as such, focus on what these tools are being used for, and what their actual impact is. (shrink)

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging. Following a brief orientation to fMRI and an overview of some of its current (...) and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts of health care, research, employment, insurance, criminal justice, litigation, and cognitive privacy. (shrink)

Changing the Wor(l)d draws on feminist publishing, postmodern theory and feminist autobiography to powerfully critique both liberal feminism and scholarship on the women's movement, arguing that both ignore feminism's unique contributions to social analysis and politics. These contributions recognize the power of discourse, the diversity of women's experiences, and the importance of changing the world through changing consciousness. Young critiques social movement theory and five key studies of the women's movement, arguing that gender oppression can be understood only in relation (...) to race, sexuality, class and ethnicity; and that feminist activism has always gone beyond the realm of public policy to emphasize improving women's circumstances through transforming discourse and consciousness. Young examines feminist discursive politics, critiques social science methodology, and proposes an alternative approach to understanding the women's movement. This approach explores feminist publishing and feminist autobiographical writing as examples of discursive activism with broadly subversive potential. (shrink)

Autonomy has recently become one of the central concepts in contemporary moral philosophy and has generated much debate over its nature and value. This 2005 volume brings together essays that address the theoretical foundations of the concept of autonomy, as well as essays that investigate the relationship between autonomy and moral responsibility, freedom, political philosophy, and medical ethics. Written by some of the most prominent philosophers working in these areas, this book represents research on the nature and value of autonomy (...) that will be essential reading for a broad swathe of philosophers as well as many psychologists. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...) dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

Symmetric informationally complete quantum measurements, or SICs, are mathematically intriguing structures, which in practice have turned out to exhibit even more symmetry than their definition requires. Recently, Zhu classified all the SICs whose symmetry groups act doubly transitively. I show that lattices of integers in the complex numbers, the quaternions and the octonions yield the key parts of these symmetry groups.

This paper aims to explain why people are motivated to contribute to the Wikipedia project. A comprehensive analysis of the motivations of Wikipedians is conducted using the iterative methodology developed by Batya Friedman and Peter Kahn in Value Sensitive Design and Information Systems and co-developed by Nissenbaum and Friedman in Bias in Computer Systems. The Value Sensitive Design approach consists of three stages: Empirical Investigation, Conceptual Investigation, and Technical Investigation. During the empirical phase, motivations of the contributors to Wikipedia are (...) identified through analysis of data from two published surveys and a pilot survey conducted at New York University. The underlying values behind these motivations are then defined in the conceptual phase of the study. Finally, a technical investigation is conducted in order to determine how features of the Wiki technology support and facilitate these values. (shrink)

BackgroundPersonal health information and biospecimens are valuable research resources essential for the advancement of medicine and protected by national standards and provincial statutes. Research ethics and privacy standards attempt to balance individual interests with societal interests. However these standards may not reflect public opinion or preferences. The purpose of this study was to assess the opinions and preferences of patients with kidney disease about the use of their health information and biospecimens for medical research.MethodsA 45-item survey was distributed to a (...) convenience sample of patients at an outpatient clinic in a large urban centre. The survey briefly addressed sociodemographic and illness characteristics. Opinions were sought on the research use of health information and biospecimens including consent preferences.ResultsTwo hundred eleven of 400 distributed surveys were completed. Respondents were generally supportive of medical research and trusting of researchers. Many respondents supported the use of their information and biospecimens for health research and also preferred consent be sought for use of health information and biospecimens. Some supported the use of their information and biospecimens for research without consent. There were significant differences in the opinions people offered regarding the research use of biospecimens compared to health information. Some respondent perspectives about consent were at odds with current regulatory and legal standards.ConclusionsClinical health data and biospecimens are valuable research resources, critical to the advancement of medicine. Use of these data for research requires balancing respect for individual autonomy, privacy and the societal interest in the greater good. Incongruence between some respondent perspectives and the regulatory standards suggest both a need for public education and review of legislation to increase understanding and ensure the public’s trust is maintained. (shrink)

A growing body of empirical literature challenges philosophers’ reliance on intuitions as evidence based on the fact that intuitions vary according to factors such as cultural and educational background, and socio‐economic status. Our research extends this challenge, investigating Lehrer’s appeal to the Truetemp Case as evidence against reliabilism. We found that intuitions in response to this case vary according to whether, and which, other thought‐experiments are considered first. Our results show that compared to subjects who receive the Truetemp Case first, (...) subjects first presented with a clear case of knowledge are less willing to attribute knowledge in the Truetemp Case, and subjects first presented with a clear case of non‐knowledge are more willing to attribute knowledge in the Truetemp Case. We contend that this instability undermines the supposed evidential status of these intuitions, such that philosophers who deal in intuitions can no longer rest comfortably in their armchairs. (shrink)

In recent years, there has been a considerable increase in the degree of philosophical attention devoted to the question of the morality of offering financial compensation in an attempt to increase the medical supply of human body parts and products, such as plasma. This paper will argue not only that donor compensation is ethically acceptable, but that plasma donors should not be prohibited from being offered compensation if they are to give their informed consent to donate. Regulatory regimes that prohibit (...) donor compensation thus unethically prevent the typical donor from being able to give her informed consent to donate. (shrink)

A common criticism of plurality voting is that it fails to reflect the degree of intensity with which voters prefer the candidate or policy that they vote for. To rectify this, many critics of plurality voting have argued that vote buying should be allowed. Persons with more intense preferences for a candidate could buy votes from persons with less intense preferences for the opposing candidate and then cast them for the candidate that they intensely support. This paper argues that instead (...) of better reflecting voters’ weighted preferences, vote buying will lead to electoral outcomes that reflect them less accurately. (shrink)

The Metaphysics and Ethics of Death brings together original essays that both address the fundamental questions of the metaphysics of death and explore the relationship between those questions and some of the areas of applied ethics in which they play a central role.

This reflection focuses on lived experience with the Technological Other (Quasi-Other) while pursuing creative video and film activities. In the last decade work in the video and film industries has been transformed through digital manipulation and enhancement brought about by increasingly sophisticated computer technologies. The rules of the craft have not changed but the relationship the artist/editor experiences with these new digital tools has brought about increasingly interesting existential experiences in the creative process. How might this new way of being (...) with technology change the craft and the crafter? Through a phenomenological understanding of Martin Heidegger, Maurice Merleau-Ponty, Don Ihde, and their contributions to the human-technology conversation, this essay moves to reveal the lived experiences of artists/editors who use computers to create by means of film and digital video formats. Exploring notions of lived space, lived body, lived time, and lived relation through the computer interface allows for digging deeper into inhabiting technology and experiencing the Technological Other. (shrink)

Many still oppose legalizing markets in human organs on the grounds that they are morally repugnant. I will argue in this paper that the repugnance felt by some persons towards sales of human organs is insufficient to justify their prohibition. Yet this rejection of the view that markets in human organs should be prohibited because some persons find them to be morally repugnant does not imply that persons’ feelings of distress at the possibility of organ sales are irrational. Eduardo Rivera-Lopez (...) argues that such instinctive distress is an appropriate response to the perception that certain kinds of arguments that are offered in favor of legalizing organ sales are “in an important sense, illegitimate.” Having argued that repugnance should not ground the prohibition of markets in human organs, I will also argue that the moral distress that some feel towards certain arguments that favor such markets is not rationally defensible, either. (shrink)

The United Network for Organ Sharing (UNOS) waiting list was designed as a just and equitable system through which the limited number of organs is allocated to the millions of Americans in need of a transplant. People have trusted the system because of the belief that everyone on the list has an equal opportunity to receive an organ and also that allocation is blind to matters of financial standing, celebrity or political power. Recent events have revealed that certain practices and (...) policies have the potential to be exploited. The policies addressed in this paper enable those on the list with the proper resources to gain an advantage over other less fortunate members, creating a system that benefits not the individual most in medical need, but the one with the best resources. These policies are not only unethical but threaten the balance and success of the entire UNOS system. This paper proposes one possible solution, which seeks to balance the concepts of justice and utility. (shrink)

For the past three decades philosophical discussions of both personal autonomy and what it is for a person to “identify” with her desires have been dominated by the “hierarchical” analyses of these concepts developed by Gerald Dworkin and Harry Frankfurt. The longevity of these analyses is owed, in part, to the intuitive appeal of their shared claim that the concepts of autonomy and identification are to be analyzed in terms of hierarchies of desires, such that it is a necessary condition (...) for a person to be autonomous with respect to a desire that moves her to act, that she desires that this desire so move her. Despite the intuitive appeal of these analyses, however, Irving Thalberg has argued that they should be rejected. This is because, he argues, a person who is forced to perform an action by being subjected to duress of a certain degree of harshness will desire to be moved by her desire to submit. Thus, he continues, the proponents of hierarchical analyses of autonomy and identification will be forced to hold that such a person acted willingly, and did not suffer from any impairment in her autonomy. This, Thalberg concludes, is so counterintuitive as to justify rejecting hierarchical analyses. (shrink)

: The nature/culture dualism has long been criticized for constructing social beliefs, attitudes, and behaviors that fail to respect and value the natural world. One possible way to bridge the divide between the human and non-human worlds is the process of identification. Orangutans, an endangered species found in Indonesia and Malaysia, enable individuals to bridge, connect, and identify with a seemingly separate natural world. Through identification with orangutans, humans come to reevaluate their own perspectives and dichotomous ways of thinking about (...) their relationships with nature. (shrink)

Throughout the Middle Ages the expectation of eventual Jewish conversion lay at the center of traditional Christian justifications for protecting the Jewish populations which lived within their midst. St. Augustine and later Pope Gregory the Great enunciated a rationale for Christian protection of Jews, based loosely on Romans 11.25–29, that stressed the historical importance of the Jews as living witnesses to the Old Testament prophecies that confirmed Jesus' messiahship and that foresaw the Jews' eventual conversion to Christianity as a harbinger (...) of the end of days. As has been frequently pointed out, however, this was a theological view formulated much more for a Christian audience than a Jewish one. Nor was it a view that encouraged general campaigns directed at converting Jews en masse to Christianity. (shrink)

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. Autonomy is of great moral value; removing options from a person's choice set would compromise her ability to exercise her autonomy; hence, there should be a prima facie presumption against removing options from persons’ choice sets; thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend (...) markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments. (shrink)

The Western focus on personal autonomy as the normative basis for securing persons’ consent to their treatment renders this autonomy-based approach to informed consent vulnerable to the charge that it is based on an overly atomistic understanding of the person. This leads to a puzzle: how does this generally-accepted atomistic understanding of the person fits with the emphasis on familial consent that occurs when family members are provided with the opportunity to veto a prospective donor’s wish to donate after she (...) has died and her organs are being considered for harvesting? It is argued in this paper that this charge can be met and this puzzle dissolved once it is recognized that autonomy is an inherently social concept. (shrink)

Jacob Sparks has developed a semiotic critique of markets that is based on the fact that “market exchanges express preferences.” He argues that some market transactions will reveal that the purchaser of a market good inappropriately prefers it to a similar non-market good. This avoids Brennan and Jaworski’s criticism that semiotic objections to markets fail as the meaning of market transactions are contingent social facts. I argue that Sparks’ argument is both incomplete and doomed to fail. It can only show (...) that some preferences are morally problematic, not that the transactions that they lead to are immoral. (shrink)

The UCLA Medical Center has initiated a “voucher program” under which a person who donated a kidney would receive a voucher that she could provide to someone of her choosing who could then use it to move to the top of the renal transplantation waiting list. If the use of such vouchers as incentives for donors is morally permissible, then cash payments for kidneys are also morally permissible. But, that argument faces five objections. First, there are some goods whose nature (...) allows them to be exchanged for similar goods but renders them monetarily inalienable. Hence, kidneys might be exchanged for kidneys but not sold for cash. Second, voucher programs respect donor autonomy, whereas the offer of cash payments does not. Third, the burden of proof lies with the advocates of cash payments for kidneys to show that their benefits would outweigh the costs of their legalization. Fourth, allowing cash payments for kidneys would stifle medical innovation. Fifth, allowing cash payments for kidneys would result in these organs being used as collateral to secure loans—and that this would disadvantage potential borrowers who did not want to risk their kidneys in this way. This paper will rebut all these objections. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

This indispensible collection brings together feminist theory and cultural studies, looking at issues such as pop culture and the media, science and technology, ...