Although scholars have invoked the escalation framework as a means of explaining the occurrence of numerous organizationally undesirable behaviors on the part of decision makers, to date no empirical research on the potential influences of escalating commitment on the likelihood of unethical behavior at the individual level of analysis has been reported in either the escalation or the ethical decision-making literatures. Thus, the main purpose of this project is to provide a theoretical foundation and empirical support for the contention that (...) escalating commitment situations can induce unethical behavior in decision makers. An experimental research design utilizing a computerized investment task was administered to 155 undergraduate business majors as a means of assessing the hypotheses presented here. Results from a hierarchical logistic regression analysis found strong support for the contention that exposure to an escalation situation increases the likelihood of unethical behavior on the part of decision makers. Further, results also supported previous ethical decision-making findings by confirming the effects of locus of control (LOC) on ethical behavior. Specifically, the data indicated that individuals with an external LOC orientation were significantly more likely to select the unethical option than were individuals with an internal LOC orientation. Interestingly, support was not found for the effects of Machiavellianism or gender on ethical decision-making. (shrink)

Many arguments have been made against gene editing. This paper addresses the commonly invoked argument that gene editing violates human dignity and is ultimately a subversion of human nature. There are several drawbacks to this argument. Above all, the concept of what human dignity means is unclear. It is not possible to condemn a practice that violates human dignity if we do not know exactly what is being violated. The argument’s entire reasoning is thus undermined. Analyses of the arguments involved (...) in this discussion have often led to the conclusion that gene editing contravenes the principle of genetic identity (genetic immutability) thereby subverting a requisite of human dignity and ultimately threatening human nature. This paper refutes these arguments and shows that any opposition to gene editing cannot rely on the human dignity argument. (shrink)

Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in themselves they justify a (...) compensation within wrongful life actions. (shrink)

Although Chinese law imposes informed consent for medical treatments, the Chinese understanding of this requirement is very different from the European one, mostly due to the influence of Confucianism. Chinese doctors and relatives are primarily interested in protecting the patient, even from the truth; thus, patients are commonly uninformed of their medical conditions, often at the family’s request. The family plays an important role in health care decisions, even substituting their decisions for the patient’s. Accordingly, instead of personal informed consent, (...) what actually exists is ‘family informed consent’. From a Western perspective, these features of Chinese law and Chinese culture might seem strange, contradicting our understanding of doctor-patient relationship and even the very essence of self-determination and fundamental rights. However, we cannot forget the huge influence of cultural factors in these domains, and that ‘Western’ informed consent is grounded on the individualistic nature of Western culture. This article will underline the differences between the Western and the Chinese perspectives, clarifying how each of them must be understood in its own cultural environment. But, while still respecting Chinese particularities, this paper advocates that China adopt patient individual informed consent because this is the only solution compatible with human dignity and human rights. (shrink)

The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate measures that affect the (...) entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen. (shrink)

The events surrounding COVID-19, combined with the mandatory quarantines widely imposed in Asia and Europe since the virus outbreak, have reignited discussion of the balance between individual rights and liberties and public health during epidemics and pandemics. This article analyses this issue from the perspectives of precaution and necessity. There is a difficult relationship between these two seemingly opposite principles, both of which are frequently invoked in this domain. Although the precautionary principle encourages the use of quarantines, including mandatory quarantines, (...) and associated restrictive measures, the principle of necessity puts a break on such measures. The COVID-19 pandemic reveals once again the different interrelations between these two principles. However, the alleged conflict between the PN and the PP is based on a superficial analysis. The relation between these two principles is far more complex, as this article will demonstrate. (shrink)

The use of reproductive techniques and the eventual reproductive negligence from the provider of reproductive services gave rise to situations in which the intended parents are deprived of raising a child genetically connected to them. Courts have been dealing with cases of those for years, but have systemically denied claimants compensation, failing to recognise as damage the loss of genetic connection. In 2017, for the first time, the Singapore High Court provided compensation for that damage, labelled “loss of genetic affinity”. (...) This paper will argue that the damage in question is the loss of genetic connection and results from a violation of reproductive rights because a key element of reproductive rights is to have children with whom we keep a genetic bond and raise them. The paper will explain why the arguments classically argued against such compensation are unfounded and it will argue for a compensation covering both patrimonial and non-patrimonial damages. (shrink)

In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision (...) is not only remarkable in light of the fulfilling of migrants’ rights to health, as imposed by international commitments assumed by, but also in view of the fight against COVID-19. The decision is grounded both on human rights and in public health reasons. The paper is divided in two main parts. In the first one, it analyzes national State obligations with regard to healthcare provision to migrants in irregular situation. In the second part, it analyzes the Portuguese solution, using this case study to discuss the possible mechanisms to comply with such obligations. (shrink)

Facial recognition is an artificial intelligence-based technology that, like many other forms of artificial intelligence, suffers from an accuracy deficit. This paper focuses on one particular use of facial recognition, namely identification, both as authentication and as recognition. Despite technological advances, facial recognition technology can still produce erroneous identifications. This paper addresses algorithmic identification failures from an upstream perspective by identifying the main causes of misidentifications (in particular, the probabilistic character of this technology, its ‘black box’ nature and its algorithmic (...) bias) and from a downstream perspective, highlighting the possible legal consequences of such failures in various scenarios (namely liability lawsuits). In addition to presenting the causes and effects of such errors, the paper also presents measures that can be deployed to reduce errors and avoid liabilities. (shrink)

One of the hottest topics in business today is competitive intelligence, the effort by a company to obtain enough information about its competitors to give it a strategic edge over them in the marketplace. During the past decade, a number of books have been written in this country advising business managers on how to mine various sources of public information for this purpose: trade shows, public speeches by company executives, articles in obscure journals, and government agencies like the Food and (...) Drug Administration. Some large companies have even hired former FBI and CIA personnel to help them develop more effective in-house intelligence-gathering capabilities. (shrink)

L'examen du parcours personnel et littéraire d'Assia Djebar, femme, écrivain et algérienne, est l'axe de l'approche de Vera Lucia Soares. Pour analyser les différentes composantes de son objet d'étude Soares a recours à quelques-uns des théoriciens les plus renommés ­ Roger Chartier, Paul Ricoeur, Todorov, entre autres ­ et les utilise de façon magistrale pour disséquer l'oeuvre d'Assia Djebar, sous les angles les plus divers. Il faut aussi signaler la bibliographie spécialisée sur laq..

L’indagine condotta su alcuni personaggi finora rimasti nell’ombra, ma che ebbero un peso notevole, se non determinante, sul destino del filosofo, permette di ricostruire il complotto ordito dall’Inquisizione Cattolica per arrivare a mettere le mani su Giordano Bruno. La minuziosa e circostanziata ricostruzione dei fatti si integra perfettamente con altre recenti ricerche dello stesso genere.

The aim of the present paper is to reinforce some of the affirmations made by Vera Lucia Raposo in a recent paper published by the Journal of Bioethical Inquiry. According to her, germline gene editing does not violate human dignity at all. This article offers some complementary ideas supporting her statement. In particular, four main arguments are stressed. Firstly, not only is the idea of human dignity unclear, but the idea of the human genome suffers from a general (...) lack of concreteness, which has dramatic consequences for the debate. Secondly, it is highlighted that if we believe that the immutability of the human genome underpins human dignity, then it should be our duty to use the tools of genetic modification to reverse any accidental changes that occur in nature. Thirdly, it is showed that if the alteration of germline constitutes an attack on human dignity, then we should also refrain from performing medical practices such as chemotherapy, which cause precisely this effect. Finally, we argue that modification of germline is not contrary to human dignity but an excellent expression of our autonomy. (shrink)

With each projective geometry we can associate a Lyndon algebra. Such an algebra always satisfies Tarski's axioms for relation algebras and Lyndon algebras thus form an interesting connection between the fields of projective geometry and algebraic logic. In this paper we prove that if G is a class of projective geometries which contains an infinite projective geometry of dimension at least three, then the class L of Lyndon algebras associated with projective geometries in G has an undecidable equational theory. In (...) our proof we develop and use a connection between projective geometries and diagonal-free cylindric algebras. (shrink)

L.A. Paul has recently defended the methodology of metaphysics on the grounds that it is continuous with the sciences. She claims that both scientists and metaphysicians use inference to the best explanation to choose between competing theories, and that the success of science vindicates the use of IBE in metaphysics. Specifically, the success of science shows that the theoretical virtues are truth-conducive. I challenge Paul’s claims on two grounds. First, I argue that, at least in biology, scientists adhere to the (...) vera causa ideal, which allows the theoretical virtues to play a much more limited role in scientific reasoning than Paul requires for metaphysical reasoning. The success of biology thus does not vindicate the methodology of metaphysics. Second, I argue that, at least in many cases, the successful reliance on the theoretical virtues in scientific contexts shows only that the theoretical virtues are truth-conducive within those local contexts, and not that they are truth-conducive generally. The upshots are that Paul’s defense of the methodology of metaphysics fails, and that any attempt to rescue her defense must pay more careful attention to what precisely is vindicated by successful science. (shrink)

With each projective geometry we can associate a Lyndon algebra. Such an algebra always satisfies Tarski's axioms for relation algebras and Lyndon algebras thus form an interesting connection between the fields of projective geometry and algebraic logic. In this paper we prove that if G is a class of projective geometries which contains an infinite projective geometry of dimension at least three, then the class L(G) of Lyndon algebras associated with projective geometries in G has an undecidable equational theory. In (...) our proof we develop and use a connection between projective geometries and diagonal-free cylindric algebras. (shrink)

Dans le cadre de ce numéro thématique de Clio, nous avons recueilli les propos de Laure Ledoux, artiste et photographe. Née en 1986, elle vit et travaille à Paris. Après avoir étudié à l’école supérieure d’art et céramique de Tarbes, elle est diplômée de l’École européenne supérieure de l’image de Poitiers en 2008 et de l’École nationale supérieure de la photographie d’Arles en 2012. Ses travaux ont été présentés lors d’expositions dans des galeries, musées et centres d’art, mais aussi édité...

Quando, nel 1935, venne pubblicato il famoso articolo chiamato poi “EPR Paper” per le iniziali dei suoi autori - Einstein, Podolsky, Rosen -, la comunità scientifica dovette confrontarsi non solo con le manifeste provocazioni che il suo argomento voleva mostrare, ma anche con latenti problemi che sarebbero sbocciati più avanti in tutti i loro stridenti contrasti. L’incompletezza della meccanica quantistica, che l’“articolo EPR” si proponeva di dimostrare, poggiava infatti su un principio molto problematico, quello della località, che sarebbe esploso nell’esperimento (...) prima concettuale di Bohm e poi sperimentale di Aspect. Ciò che questo articolo vuole delineare è lo sviluppo del problema della nonlocalità, dai suoi albori fino alla prova della sua effettiva esistenza nel mondo quantistico, dove, come ben ha dimostrato Bell, nulla possono fare le variabili nascoste per dissolvere la realtà nonlocale di alcuni fenomeni. (shrink)