This study assessed the relationship between ethical reasoning and the decision to grant equitable relief using an innocent spouse vignette where a wife had partial knowledge of her husband''s tax fraud. A path model derived from various ethics theories was tested using a sample of 357 accounting, legal, and human resource professionals, and after careful examination of the measurement and structural relationships in the path model, the results provided partial support for the study''s hypotheses. Moral intensity was marginally (...) associated with an increased recognition of an ethical issue and positively related ethical judgments made in an innocent spouse situation, and moral intensity was also negatively related to the decision to grant relief. The ethical judgment variable was positively related to the decision to grant relief, while ethical issue awareness was marginally associated with the decision to deny relief. The implications of these findings are discussed, along with the limitations of the study and suggestions for future research. (shrink)

The present paper looks at the intersection of juridical and biopower in the U.S. Supreme Court’s school desegregation cases. These cases generally deploy “equitable relief” as a relay between the juridicially-specified injury of segregation and the biopolitical mandates of integration, allowing broad-based biopolitical remedies for juridically identified problems. This strategy enabled the Courts to negotiate between these forms of power. The analysis here thus suggests the continued relevance of juridical power, and also the limits of Foucault’s own analysis, (...) which suggested that biopower tended to fully colonize juridical power by way of norms. (shrink)

This study used a national sample of professionals and a questionnaire containing equitable relief vignettes to explore whether the new equitable relief subset of the revised innocent spouse rules is helpful to the IRS when making relief decisions. The study also addressed the ethical and gender issues associated with equitable relief innocent spouse cases. The results suggested that several equitable relief factors are useful as discriminators in the relief decision. The (...) results also demonstrated that the recognition of an ethical issue and perceptions of moral intensity affected the decision to grant relief in innocent spouse situations. Finally, women subjects were more ethical and more sympathetic toward the victim in an innocent spouse situation than were their male counterparts. These findings have numerous personal and societal implications for businesses, IRS agents, CPAs, and attorneys, as well as other nations wishing to reform their tax structures while assessing the tradeoff between equity and tax revenue generation. (shrink)

Background:To date, most research on aggression in mental disorders focused on active-aggressive behavior and found self-directed and other-directed active aggression to be a symptom and risk-factor of psychopathology. On the other hand, passive-aggressive behavior has been investigated less frequently and only in research on psychodynamic defense mechanisms, personality disorders, and dysfunctional self-control processes. This small number of studies primarily reflects a lack of a reliable and valid clinical assessment of passive-aggressive behavior. To address this gap, we developed the Test of (...) Passive Aggression (TPA), a 24-item self-rating scale for the assessment of self-directed and other-directed passive-aggressive behavior.Method:Study 1 examined the internal consistency and factorial validity of the TPA in an inpatient sample (N= 307). Study 2 investigated the retest-reliability, internal consistency, and construct validity (active aggression, personality traits, impulsivity) of the TPA in a student sample (N= 180).Results:In line with our hypothesis, Exploratory Structural Equation Modeling revealed an acceptable to good fit of a bi-factorial structure of the TPA (Chi-square-df-ratio= 1.98;RMSR= 0.05, fit.off = 0.96). Both TPA scales showed good to excellent internal consistency (α= 0.83–0.90) and 4-week retest-reliability (rtt= 0.86). Correlations with well-established aggression scales, measures of personality, and impulsivity support discriminant and convergent validity of the TPA.Conclusions:The TPA is a reliable and valid instrument for the assessment of self-directed and other-directed passive-aggressive behavior. (shrink)

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice (...) between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

In Lawrence v Gallagher, the issue as to what constitutes an equitable division of assets in the event of civil partnership dissolution arose for the first time. It had been hoped that the case would mark a break away from the heavy reliance upon heteronormativity that had been characteristic of the previous ancillary relief case law. However, it is argued here that what we see within the judgment is the Court of Appeal presenting the problem (and, so, the (...) parties) in Lawrence so as to ‘fit’ within the pre-existing framework. Even at this early stage, it seems that legal actors are approaching civil partnerships on the basis of gendered assumptions and expectations. There is a need to raise awareness of this inability to get past ideas about heteronormativity, and to highlight their possible incompatibility with the lives of lesbian and gay couples, before their radical potential is lost. (shrink)

International research is an essential means of reducing health disparities between and within countries and should do so as a matter of global justice. Research funders from high-income countries have an obligation of justice to support health research in low and middle-income countries that furthers such objectives. This paper investigates how their current funding schemes are designed to incentivise health systems research in LMICs that promotes health equity. Semi-structured in-depth interviews were performed with 16 grants officers working for 11 funders (...) and organisations that support health systems research: the Alliance for Health Policy and Systems Research, Comic Relief, Doris Duke Foundation, European Commission, International Development Research Centre, Norwegian Agency for Development Cooperation, Research Council of Norway, Rockefeller Foundation, UK Department of International Development, UK Medical Research Council, and Wellcome Trust. Thematic analysis of the data demonstrates their funding schemes promote health systems research with five key features that advance health equity: being conducted with worst-off populations, focusing on research topics that advance equitable health systems, having LMIC ownership of the research agenda, strengthening LMIC research capacity, and having an impact on health disparities. The different types of incentives that encouraged proposed projects to have these features are identified and classified by their strength. It is suggested that research funders ought to create and maintain funding schemes with strong incentives for the features identified above in order to more effectively help reduce global health disparities. (shrink)

Large corporations are coming under intense pressure to act in a socially responsible manner. Corporations have accepted this notion provided that it is exercised voluntarily. It has also been argued that corporations can do well by doing good, and that good ethics is good business. This paper presents an alternative viewpoint by demonstrating that while voluntary socially responsible conduct is desirable, it plays a rather small role in inspiring good corporate conduct. Instead, (a) it is the external economic-competitive conditions that (...) define the parameters and opportunities for good corporate conduct; and (b) the values and traditions of the corporations, and their perceived risk in exploiting those opportunities, that influence the extent of a corporation's socially responsible conduct. The framework presented here analyzes certain market-competitive conditions, which determine the scope and direction of socially responsible corporate conduct, and the instruments available to society to enhance ethical corporate conduct. It suggests that from society's perspective, we should move away from the notion of corporate social responsibility and toward corporate social accountability. Most modern economies operate under conditions of imperfect competition where corporations gain above-normal profits, i.e., market rent, from market imperfections. Therefore, corporations should be held accountable for a more equitable distribution of these above-normal profits with other groups, e.g., customers, employees, etc., who were deprived of their market-based gains because of market imperfections and corporate power. Three approaches are suggested for measuring corporate accountability through corrections. These are: information imbalance, bargaining power imbalance, and, adjudication, remedy and relief imbalance. (shrink)

A story of rabbinic poverty relief serves as the fulcrum of this presentation of a rabbinic perspective on wealth and taxes. The rabbinic move, from biblical to Mishnaic law, places the obligation of poverty relief on the city and suggests that the institutions of the polis are the only way to achieve justice on this scale. However, the city must be aware of the individual Other in making policy. In essence the story suggests that when policies ignore the (...) face of an individual stranger, they do not fulfill the demands of justice. This is the rabbinic attempt at threading the needle by walking in the tension between the obsessive asymmetry of the obligation towards the other person and the need for a larger more equitable system of justice which must include others. (shrink)

The phenomenon of digital differentiation, or stark variations in ability to access Internet hardware and/or infrastructure, has been a feature of provision since its early days. This article explores the impact of digital differentiation on two groups of young people, in England and Germany. It is based on fieldwork that took place during the academic year 2018-2019, just before the global pandemic threw the issue of equality of Internet access into sharp relief. The article begins by describing the empirical (...) design of the My Life Online project, including background, sampling, instruments, ethical aspects and the initial data analysis approach taken to ensure reliability and validity. It then develops a further analysis drawing on Halford and Savage’s hybrid Bourdieu/Actor Network Theory model (2010) to map out the socio-technical network surrounding the young people in our study. In this way we identify areas of change and conflict that compound existing social deprivation. We conclude by making a case for a better education policy awareness of the key issues, and more equitable distribution of national infrastructure moving forwards. (shrink)

Comic Relief: A Comprehensive Philosophy of Humor develops an inclusive theory that integrates psychological, aesthetic, and ethical issues relating to humor Offers an enlightening and accessible foray into the serious business of humor Reveals how standard theories of humor fail to explain its true nature and actually support traditional prejudices against humor as being antisocial, irrational, and foolish Argues that humor’s benefits overlap significantly with those of philosophy Includes a foreword by Robert Mankoff, Cartoon Editor of The New Yorker.

As the technology for ectogenesis continues to advance, the ethical implications of such developments should be thoroughly and proactively explored. The possibility of full ectogenesis remains hypothetical at present, and myriad concerns regarding the safety and efficacy of the technology must be evaluated and addressed, while pressing moral considerations should be fully deliberated. However, it is conceivable that the technology may become sufficiently well established in the future and that eventually full ectogenesis might be deemed ethically acceptable as a reproductive (...) alternative to gestation within a human womb under certain circumstances. If the safety and efficacy of full ectogenesis are established, if ethical dilemmas are sufficiently well addressed, and if the technology is offered as a reproductive option to cisgender heterosexual individuals or couples desiring to become parents, there is a moral obligation grounded in social justice to ensure that full ectogenesis be made available to individuals or couples identifying as members of sexual‐ or gender‐minority groups who likewise seek to pursue parenthood. We examine the history of access to current family‐building options, including assisted reproductive technology, surrogacy and adoption, for these populations and conclude that in the absence of robust empirical evidence suggesting an increased risk of harm to children of individuals and couples who identify as members of sexual‐ or gender‐minority groups, equitable access to ectogenesis as a pathway to parenthood for sexual and gender minorities must be assured as a matter of reproductive justice. (shrink)

“Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the (...) international treaties. A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analyzing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers. (shrink)

Securing equitable antibiotic access as an essential component for health system resilience and pandemic preparedness requires a systems perspective. This article discusses key components that need to be coordinated and paired with adequate financing and resources to ensure antibiotic effectiveness as a global public good, which should be central while discussing a new global agreement.

This open access book offers insights into the development of the ground-breaking Global Code of Conduct for Research in Resource-Poor Settings (GCC) and the San Code of Research Ethics. Using a new, intuitive moral framework predicated on fairness, respect, care and honesty, both codes target ethics dumping – the export of unethical research practices from a high-income setting to a lower- or middle-income setting. The book is a rich resource of information and argument for any research stakeholder who opposes double (...) standards in research. It will be indispensable for applicants to European Union framework programmes, as the GCC is now a mandatory reference document for EU funding. (shrink)

In June 2020, Gilead agreed to provide the USA with 500 000 doses of remdesivir—an antiviral drug which at that time was percieved to show promise in reducing the recovery time for patients with COVID-19. This quantity represented Gilead’s then full production capacity for July and 90% of its capacity for August and September. Similar deals are evident around access to proposed vaccines for COVID-19, and such deals are only likely to increase. These attempts to secure preferential access to medicines (...) and vaccines, so-called vaccine/treatment nationalism, jeopardise supplies of life-saving treatments and vaccines available elsewhere, and jeopardise global equitable distribution of such vaccines/treatments more generally. Much of the focus to date has been on States’ role in negotiating such deals. However, such developments also demonstrate the power patent holders have in controlling access to life-saving healthcare, determining who obtains access first and at what price. This article argues that the extent of control currently given to patent holders for COVID-19 must be questioned. This article demonstrates that patents have significant implications for healthcare acting as private governance tools over patented inventions. It is only by greater probing of patent holders’ role in delivering access to medicines, diagnostics and vaccines for COVID-19 that equitable global equitable access can be achieved. (shrink)

COVID-19 vaccine research success and emergency use authorizations have shown the life sciences’ potential for positive health impact. But they also underscore potentially divergent and conf...

Our emotional lives are full of temporal asymmetries. Salient among these is that we tend to feel differently about painful or unpleasant events depending on their temporal location: we feel anxiety or trepidation about painful events we anticipate in the future, and relief when they are over. One question, then, is whether temporally asymmetric emotions such as relief have any ramifications for the metaphysics of time. On what has become the standard way of finessing this question, the asymmetry (...) of relief is an instance of the phenomenon of future-bias, a tendency to prefer painful events to be located in the past than in the future. The main question then posed is whether this pattern of preferences can be justified in the light of different metaphysical theories of time. In this paper I argue that this whole dialectic is misconceived. While many people may have future-biased preferences and these are a legitimate object of psychological study, this should be distinguished from the more basic phenomenon of relief that an unpleasant experience is over. Acknowledging the distinctness of these phenomena has two main consequences. First, if relief is not a manifestation of a time-biased preference, it is unclear what it would be for it to be justified or unjustified. This, in turn, should lead us to reassess how the psychology of relief bears on our metaphysical commitments. As I shall suggest, the real significance of the temporally asymmetric emotions for the metaphysics of time is that they manifest, and so reflection on them serves to draw our attention to, a structural feature of our awareness of the passage of time that resists re-articulation in other terms. (shrink)

BackgroundRapid data sharing can maximize the utility of data. In epidemics and pandemics like Zika, Ebola, and COVID-19, the case for such practices seems especially urgent and warranted. Yet rapidly sharing data widely has previously generated significant concerns related to equity. The continued lack of understanding and guidance on equitable data sharing raises the following questions: Should data sharing in epidemics and pandemics primarily advance utility, or should it advance equity as well? If so, what norms comprise equitable (...) data sharing in epidemics and pandemics? Do these norms address the equity-related concerns raised by researchers, data providers, and other stakeholders? What tensions must be balanced between equity and other values?MethodsTo explore these questions, we undertook a systematic scoping review of the literature on data sharing in epidemics and pandemics and thematically analyzed identified literature for its discussion of ethical values, norms, concerns, and tensions, with a particular emphasis on equity. We wanted to both understand how equity in data sharing is being conceptualized and draw out other important values and norms for data sharing in epidemics and pandemics.ResultsWe found that values of utility, equity, solidarity, and reciprocity were described, and we report their associated norms, including researcher recognition; rapid, real-time sharing; capacity development; and fair benefits to data generators, data providers, and source countries. The value of utility and its associated norms were discussed substantially more than others. Tensions between utility norms and equity norms were raised.ConclusionsThis study found support for equity being advanced by data sharing in epidemics and pandemics. However, norms for equitable data sharing in epidemics and pandemics require further development, particularly in relation to power sharing and participatory approaches prioritizing inclusion. Addressing structural inequities in the wider global health landscape is also needed to achieve equitable data sharing in epidemics and pandemics. (shrink)

ArgumentThe article builds a case for the Society for the Protection of the Health of the Jewish Population (Obshchestvo Okhranenia Zdorov’ia Evreiskogo Naselenia [OZE]) as a project of medicalized modernity, a mass politics of Jewish self-help that relied on a racialized and medicalized vision of a future Jewish nation. Officially registered in 1912 in St. Petersburg, it created the space for a Jewish politics that focused on the state of the collective Jewish body as a precondition for Jewish participation in (...) any version of modernity. OZE futurism survived the years of World War I and the Russian Civil War, when the organization had to concentrate on rescue and relief rather than on facilitating the development of new bodies and souls. New archival evidence reveals how race science, medical statistics, and positive eugenics became composite elements of the Jewish anticolonial message and new subjectivity. (shrink)

The earthquakes which struck Nepal’s capital in 2015 were humanitarian disasters. Not only did they inflict tragic loss of life and livelihoods, they also destroyed parts of the Kathmandu Valley’s unique UNESCO World Heritage site. These monuments were not just ornate structures but living monuments playing central roles in the daily lives of thousands, representing portals where the heavens touch earth and people commune with guiding deities. Their rehabilitation was also of economic importance as they represent a major source of (...) tourist income and employment. Unfortunately, the social and political desire for rapid reconstruction resulted in the swift removal of many traditionally constructed foundations and their replacement with modern materials without assessments of whether they contributed towards the collapse of individual monuments. These actions, combined with the wholesale removal, mixing and dumping of modern and historic debris, contributed to a second, equally destructive, cultural catastrophe – irreversible damage to Kathmandu’s Medieval fabric, in a process which frequently excluded local communities and custodians. This case study draws from our collective reflections and lessons learned from our attempts to enable equitable and ethical research partnerships between UK and Nepali colleagues as well as local communities in the debris of the Kasthamandap, Kathmandu’s eponymous monument. After briefly describing the potential of mobilising archaeologists in post-disaster contexts and outlining the challenges of undertaking research in such a setting, our case study utilises the TRUST Code to assess the character and success of our multidisciplinary collaboration in a time of crises. (shrink)

The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources (...) are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: - Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. - With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). - Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement. (shrink)

Artworks at Lascaux and other late Palaeolithic caves integrate geological features or “relief” of the cave wall in a way that suggests a symbiotic relation between nature and culture. I argue this qualifies as “receptivity to a situation,” which is neither fully active nor merely passive and emerges as a necessary element of the intentions made apparent by such cave art. I argue against prominent interpretations of cave art, including the shamanist account and propose a structural interpretation attentive to (...) particular cases. Seen in this way, cave art displays intentions that are analyzable as having a tripartite structure: mentally directed, embedded in actions and receptive to a situation. Moreover, the latter is the medium through which the other two elements are conjoined. Drawing on a range of archaeological and philosophical resources from both analytical philosophy and phenomenology, I argue that what I call cave art’s “intentional story” is important for the philosophy of intentions more generally. (shrink)

Despite projected devastating impacts on human communities, the US still lacks comprehensive national policies aimed at reducing greenhouse gas emissions. This vacuum has provided the space for a surge of promising sustainability and climate action planning efforts at the state and local level. Meanwhile, according to the National Low Income Housing Coalition’s (2015) Out of Reach Report, ‘there is no state in the US where a minimum wage worker working full time can afford a one-bedroom apartment at the fair market (...) rent’. We are calling for a reimagining of local climate action planning that encourages policies and programs designed to reduce GHG emissions from the built environment while explicitly and comprehensively addressing the affordability component. With equitable local climate action planning, we can address both environmental and social justice issues. (shrink)

This paper presents a procedure to select equitable stable allocations in two-sided matching markets without side payments. The Equitable set is computed using the Equitable algorithm. The algorithm limits the set of options available for each agent throughout the procedure. The stable matchings selected are generally not extreme, form a lattice and satisfy the condition of being “Ralwsian” in each partition of the market. The Equitable algorithm can also be used to select a particular matching from (...) the Equitable Set favoring particular agents independent of the side of the market to which they belong. (shrink)

Quelle place les ordres juridiques romanistes et de common law réservent-ils au sentiment d'équité du juge? Confronté à la rigueur du droit strict, le juge belge, français ou québécois jouit-il de la même latitude que ses confrères anglais ou canadiens pour imposer malgré tout la décision qu'il estime la plus juste? Afin de prendre la mesure de ces diverses "équités judiciaires", l'originalité de la démarche comparative adoptée par l'auteur consiste à prendre appui sur un microphénomène appelant une analyse juridique multidimensionnelle: (...) l'empiétement immobilier, entendu très largement comme l'atteinte au droit réel d'autrui par une construction quelconque. Autour de ce noyau factuel gravite une double démonstration de portée très générale. La première se concentre sur la comparaison approfondie des manifestations du sentiment d'équité des juges romanistes et de common law dans les arcanes du droit positif, au moyen d'instruments aussi divers que l'injonction, l'estoppel, l'abus de droit... Telle était bien l'interrogation de départ. Mais cette première démonstration en appelle une autre, à l'effet que la logique caractérisant le droit des biens décline au profit de logiques propres à des domaines juridiques concurrents. Parmi ceux-ci figurent au premier chef le droit des obligations et plus particulièrement, le droit de la responsabilité civile quasi-délictuelle. Ainsi, sous l'éclairage de la comparaison, l'examen des manifestations de l'équité judiciaire face à la problématique de l'emprise immobilière permet d'aborder sous un angle neuf des thèmes plus vastes comme la théorie des sources du droit, le rapport du juge à la norme ou encore l'antagonisme entre souci de prévisibilité et pouvoir judiciaire discrétionnaire. (shrink)

Accelerated COVID-19 vaccine development represents an important accomplishment and a milestone in the history of vaccine evolution. However, the vaccine’s scarcity made its equitable global allocation and distribution ambiguous. Despite the initial pledges from wealthy countries for fairness and inclusivity towards the poorer ones, the policies followed diverged significantly. Wealthy countries have vastly superior access to vaccines in a reality likened to an ethical disaster. This paper calls for the need for fair global vaccine allocation and distribution and examines (...) the barriers that were met along the way, originating from different points, such as the nationalistic approach on the matter that most wealthy countries have adopted or the inability of poor countries to purchase or manufacture vaccines. Further, a suggestion regarding the ethical principles and values that ought to guide global vaccine allocation and distribution is provided with a higher priority given to helping the worst-off, saving the most lives, protecting people in high risk, such as frontline healthcare professionals, and minimising social gaps, along with an ethical theoretical background for each prioritisation. It is not too late for wealthy countries to realise that vaccine inequity prolongs pandemics, so that they change their policies in favour of the global common good that will not only provide immediate universal benefits but will also serve as a guide for future pandemic crises. (shrink)

Objectives: To describe the concerns and priorities of key stakeholders in a developing country regarding ethical obligations held by researchers and perceptions of equity or “what is fair” for study participants in an HIV/AIDS clinical drug trial. Design: Qualitative study with focus groups. Setting: Teaching and referral hospital and rural health centre in western Kenya. Participants: Potential HIV/AIDS clinical trial participants, clinician researchers, and administrators. Results: Eighty nine individuals participated in a total of 11 focus groups over a four month (...) period. The desire for continued drug therapy, most often life long, following an HIV/AIDS clinical trial was the most common priority expressed in all focus groups. Patients with and without HIV/AIDS also thought subsidisation of drug therapies and education were critical forms of compensation for clinical trial participation. Financial incentives were considered important primarily for purchasing drug therapy as well as obtaining food. Patients noted a concern for the potential mismanagement of any money offered. Clinician researchers and administrators felt strongly that researchers have a moral obligation to participants following a trial to provide continued drug therapy, adverse event monitoring, and primary care. Finally, clinician researchers and administrators stressed the need for thorough informed consent to avoid coercion of study participants. Conclusions: Kenyan patients, clinician researchers, and administrators believe that it would be unfair to stop antiretroviral therapy following an HIV/AIDS clinical trial and that researchers have a long term obligation to participants. (shrink)

L’article se propose de montrer que le principe d’équité, formulé dans le cadre de l’hermeneutica generalis du XVIIe et du XVIIIe siècle, a été anticipé par la pratique philologique des humanistes italiens du XVe siècle, et notamment par les stratégies élaborées pour combattre le mauvais interprète, le « calomniateur ». Toutefois on met en avant les différences théoriques majeures entre l’humanisme et l’hermeneutica generalis, entre une perspective historique et grammaticale, soulignant le caractère individuel de tout acte de parole, et une (...) perspective logique, fondée sur la conviction du caractère universel de la raison. (shrink)

Recent studies highlight the need for ethical and equitable digital health research that protects the rights and interests of racialized communities. We argue for practices in digital health that promote data self-determination for these communities, especially in data collection and management. We suggest that researchers partner with racialized communities to curate data that reflects their wellness understandings and health priorities, and respects their consent over data use for policy and other outcomes. These data governance approach honors and builds on (...) Indigenous Data Sovereignty (IDS) decolonial scholarship by Indigenous and non-indigenous researchers and its adaptations to health research involving racialized communities from former European colonies in the global South. We discuss strategies to practice equity, diversity, inclusion, accessibility and decolonization (EDIAD) principles in digital health. We draw upon and adapt the concept of Precision Health Equity (PHE) to emphasize models of data sharing that are co-defined by racialized communities and researchers, and stress their shared governance and stewardship of data that is generated from digital health research. This paper contributes to an emerging research on equity issues in digital health and reducing health, institutional, and technological disparities. It also promotes the self-determination of racialized peoples through ethical data management. (shrink)

Scholarship has intrinsic value, of course; but when good scholarship can stimulate change for the better in an area as fundamental to human dignity as health care and the relief of suffering, there is a special satisfaction. This has been our experience since 1996, when the first of now four special issues of this journal focused on legal, regulatory, ethical, professional, and financial issues in medical treatment for pain.With the generous and steadfast support of the Mayday Fund, the American (...) Society of Law, Medicine & Ethics has generated a significant body of scholarship published in the Journal of Law, Medicine & Ethics. This research has proven absolutely essential in changing public policy to support better care for those who suffer pain.Over these years, the Mayday Project at ASLME has tackled many of the real and perceived barriers to effective pain relief. In pain management, both real and perceived obstacles can have a powerful negative effect. (shrink)

Scholarship has intrinsic value, of course; but when good scholarship can stimulate change for the better in an area as fundamental to human dignity as health care and the relief of suffering, there is a special satisfaction. This has been our experience since 1996, when the first of now four special issues of this journal focused on legal, regulatory, ethical, professional, and financial issues in medical treatment for pain.With the generous and steadfast support of the Mayday Fund, the American (...) Society of Law, Medicine & Ethics has generated a significant body of scholarship published in the Journal of Law, Medicine & Ethics. This research has proven absolutely essential in changing public policy to support better care for those who suffer pain.Over these years, the Mayday Project at ASLME has tackled many of the real and perceived barriers to effective pain relief. In pain management, both real and perceived obstacles can have a powerful negative effect. (shrink)

Moral extremists argue for highly demanding duties of beneficence on the ground that accepting a more moderate position commits us to denying the common-sense moral intuition elicited by easy rescue cases. I argue that a moderate duty of beneficence is consistent with this intuition in light of what I call aggregationism, the view that the large aggregate cost of performing many low-cost acts of beneficence is relevant to what moral agents may do in cases where they face multiple low-cost occasions (...) to rescue. After demonstrating how the debate between moderates and extremists turns on the truth of aggregationism, I defend aggregationism against the challenge that it is inconsistent with respecting the separateness of persons. (shrink)

McGovern, Kevin Physician and ethicist Professor Paul Komesaroff and former judge Stephen Charles QC have proposed legislation to protect health professionals from the risk of criminal prosecution when in appropriate circumstances they provide pain relief which may shorten a patient's life. For this protection, they recommend that four conditions must all be satisfied: the patient has a terminal illness; the intention is to relieve pain and suffering; the treatment is reasonable in terms of current medical practice; and the treatment (...) is necessary to relieve pain and suffering. This article examines their proposal, supports it, and joins in the call for Victorian legislation which achieves this purpose. (shrink)

Un relief mélien en terre cuite a été trouvé lors de la fouille d'un cimetière d'époque classique à Trézène. Mesurant 0,218 x 0,185 m, il est bien conservé et garde des traces d'engobe blanc et de polychromie. Il représente Héraklès, Déjanire et le centaure Nessos, à l'instant où la femme est sauvée du rapt dont elle était menacée, sur le bord du fleuve Euhénos en Étolie, selon une version du mythe transmise par un fragment de poème lyrique attribué avec (...) beaucoup de vraisemblance à Bacchylide. Cette œuvre en terre cuite, petite mais néanmoins ambitieuse, allie la difficile réalisation d'une composition à trois personnages conforme aux habitudes des 2e et 3e quarts du Ve siècle av. J.-C, à un rendu iconographique des figures qui renvoie à une esthétique plus ancienne : celle de la fin de l'archaïsme et de la lre moitié du Ve s. av. J.-C. (shrink)

The aim of this paper is to present and evaluate a specific critical discussion of Peter Singer's view on philanthropy. This critique of Singer's position takes several forms, and here we focus on only two of these. First of all, it is claimed that philanthropy (based upon the giving up of luxury goods) should be avoided, because it harms the poor. As we shall see this is a view defended by Andrew Kuper. However, philanthropy is also accused of harming the (...) poor by being sub-optimal and standing in the way of the more effective and lasting poverty relief brought about by changes in the political and economic system. This second complaint is defended by, among others, Paul Gomberg, Anthony Langlois and David Schweickart, as well as Kuper. To our knowledge, little systematic work has been done on the presentation and evaluation of theses objections to philanthropy. In what follows, the objections are dealt with in connection with private donations made by individuals, as this is the focus, and target, of the philosophers/scientists we wish to discuss. (shrink)

"Relief. Some Un-theory of Categories," given as one of two Hanna Lectures at Hamline University, April 22, 1999.

Relief after Hardship: The Ottoman Turkish Model for The Thousand and One Days. By Ulrich Marzolph. Series in Fairy-Tale Studies. Detroit: Wayne State University Press, 2017. Pp. viii + 151. $39.99.

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

The present study proposes a new reconstruction and a new interpretation of a quite singular piece of sculpture with relief decoration, discovered on Melos at the beginning of the last century. It belongs to the permanent collection of Roman sculpture of the National Archaeological Museum of Athens. After a detailed presentation and iconographical analysis of its relief decoration, we proceed to a new interpretation of its function, always in connection with the social, historical and artistic context of the (...) Cyclades in Late Antiquity. (shrink)

The present paper explores the moral psychology of fiction conceptually through the paired concepts ‘fictional relief’ and ‘reality check’. I suggest that the spectator of fictional films and television series sees himself as relieved from some of the moral obligations the spectator of nonfiction films sees himself as subject to, such as considering the consequences of a character's actions and attitudes. A fictional attitude is disturbed when elements of nonfiction are inserted into the fiction, such as the documentary photographs (...) in Dogville (Lars von Trier, 2003), or when the fiction otherwise reminds the spectator of the moral and political consequences of his engagement. I call this reality check, and explore how Dr Melfi often reminds the spectator of The Sopranos (HBO, 1999–2007) of the consequences of having a sympathetic attitude towards the main character and gangster Tony Soprano. The related notion fictional relief captures the relief from considering such consequences, and finally I discuss how Omar Little exemplifies fictional reliefs at work in a socially realistic setting in The Wire (HBO, 2002–08). (shrink)

Thomas Pogge and Andrew Kuper suggest that we should promote an ‘institutional’ solution to global poverty. They advocate the institutional solution because they think that non-governmental organizations (NGOs) can never be the primary agents of justice in the long run. They provide several standard criticisms of NGO aid in support of this claim. However, there is a more serious problem for institutional solutions: how to generate enough goodwill among rich nation-states that they would be willing to commit themselves to supranational (...) institutional reforms. In the current international political climate, the implementation of such institutional reforms introduces several intractable problems, including difficulties of global coordination and enforcement. I defend the solution of NGO aid from the criticisms presented by Pogge and Kuper, and propose how it might be reformed. My main suggestion is that all practising NGOs should be required to be ‘accountable for reasonableness’ in the sense that Norman Daniels and James Sabin have outlined. (shrink)