Herbert Spencer remains a significant but poorly understood figure in 19th century intellectual life. His ideas on evolution ranged across the natural sciences and philosophy, and he pioneered new ideas in psychology and sociology. This book comprehensively examines his work and strips away common misconceptions about his sociology" --Provided by publisher.

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust.Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and social commitment (...) is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being.The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust. Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and social (...) commitment is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being. The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

Previous research suggests that there are important gender disparities in the experience of leisure, but the issue of how mothers and fathers experience free time emotionally remains overlooked. The present study addressed this lacuna using the Experience Sampling Method and survey data from the 500 Family Study. Results showed that mothers and fathers spent the same amount of time on leisure activities. However, mothers had slightly less pure free time than fathers and were more likely to combine leisure with unpaid (...) work or spend time in leisure with children. Multilevel analyses showed that pure free time was associated with increased positive affect and engagement and decreased negative affect and stress, as was the combination of free time with unpaid work and personal care. These trends did not differ by gender. Adult leisure and free time with children were also beneficial to parents’ well-being. However, the relationship between free time with children and positive affect was stronger among fathers, whereas the association between adult leisure and engagement was stronger among mothers. These results suggest that mothers may feel more anxious about being criticized by others when engaging in leisure with their children, whereas spending time with adults alone may free them from the pressures of “good mothering.”. (shrink)

Adam Smith rejected Mandeville's invisible-hand doctrine of 'private vices, publick benefits'. In The Theory of Moral Sentiments his model of the 'impartial spectator' is driven not by sympathy for other people, but by their approbation. The innate capacity for sympathy makes approbation credible. Approbation needs to be authenticated, and in Smith's model authentication relies on innate virtue, which is not realistic. An alternative model of 'regard' makes use of signalling and is more pragmatic. Modern versions of the invisible hand in (...) rational choice theory and neo- liberalism are shown to be radical departures from the ethical legacy of Enlightenment and utilitarian economics, and are not consistent with Adam Smith's own position. (shrink)

This set traces Herbert Spencer's influence, from his contemporaries to the present day. Contributions come from across the social science disciplines and are often taken from sources which are difficult to access.

Following decades of silence about the involvement of doctors, medical researchers and other health professionals in the Holocaust and other National Socialist (Nazi) crimes, scholars in recent years have produced a growing body of research that reveals the pervasive extent of that complicity. This interdisciplinary collection of studies presents documentation of the critical role medicine played in realizing the policies of Hitler's regime. It traces the history of Nazi medicine from its roots in the racial theories of the 1920s, through (...) its manifestations during the Nazi period, on to legacies and continuities from the postwar years to the present. (shrink)

We suggest to define objective probabilities by similarity-weighted empirical frequencies, where more similar cases get a higher weight in the computation of frequencies. This formula is justified intuitively and axiomatically, but raises the question, which similarity function should be used? We propose to estimate the similarity function from the data, and thus obtain objective probabilities. We compare this definition to others, and attempt to delineate the scope of situations in which objective probabilities can be used.

We suggest to define objective probabilities by similarity-weighted empirical frequencies, where more similar cases get a higher weight in the computation of frequencies. This formula is justified intuitively and axiomatically, but raises the question, which similarity function should be used? We propose to estimate the similarity function from the data, and thus obtain objective probabilities. We compare this definition to others, and attempt to delineate the scope of situations in which objective probabilities can be used.

ABCP asset‐backed commercial paper ABS asset‐backed security ABX a source of price indices for MBSs and CDSs ARM adjustable‐rate mortgage B...

Currently, there are many advocacy interventions aimed at reducing animal consumption. We report results from a lab (N = 267) and a field experiment (N = 208) exploring whether, and to what extent, some of those educational interventions are effective at shifting attitudes and behavior related to animal consumption. In the lab experiment, participants were randomly assigned to read a philosophical ethics paper, watch an animal advocacy video, read an advocacy pamphlet, or watch a control video. In the field experiment, (...) we measured the impact of college classes with animal ethics content versus college classes without animal ethics content. Using a pretest, post-test matched control group design, humane educational interventions generally made people more knowledgeable about animals used as food and reduced justifications and speciesist attitudes supporting animal consumption. None of the interventions in either experiment had a direct, measurable impact on self-reported animal consumption. These results suggest that while some educational interventions can change beliefs and attitudes about animal consumption, those same interventions have small impacts on animal consumption. (shrink)

Knowledge of human uses of animals is an important, but understudied, aspect of how humans treat animals. We developed a measure of one kind of knowledge of human uses of animals – knowledge of factory farming. Studies 1 (N = 270) and 2 (N = 270) tested an initial battery of objective, true or false statements about factory farming using Item Response Theory. Studies 3 (N = 241) and 4 (N = 278) provided evidence that responses to a 10-item Knowledge (...) of Factory Farming Scale predicted a reduction in consumption of animal products (rs = −.17- −.27) and approval of political actions aimed at factory farming (rs = .2 – .24). Path models from Studies 3 and 4 suggested that different kinds of knowledge uniquely predicted different outcomes. The Knowledge of Factory Farming scale was a unique predictor of approval of political actions concerning factory farmed animals but not animal consumption. Knowledge of Animals Used as Food predicted animal consumption but not political actions concerning farmed animals. These results highlight that different kinds of knowledge can be relevant for different animal related outcomes. (shrink)

This paper has aimed to remedy a neglect of multi-party disputes by addressing how those involved in a two-party argument may collaborate with others who are co-present. Collaboration is a complex phenomenon. In the first place, we have seen that disputes, although initially produced by two parties, do not consist simply of two sides. Rather, given one party's displayed position, stance, or claim, another party can produce opposition by simply aligning against that position or by aligning with a counterposition. This (...) means that parties can dispute a particular position for different reasons and by different means. It is therefore possible for several parties to serially oppose another's claim without achieving collaboration. A second complexity, then, is just that collaboration is a negotiated phenomenon. For example, while it is possible for an outside party to produce an uninvited alignment display that is sympathetic to an already-stated position in a two-party dispute, the party whose position it supports can agree or disagree with that display. Thus, outsiders' uninvited alignment displays that occur subsequent to those of the insiders or principals in a two-party dispute must be considered as collaboration offers, which can be accepted or rejected. But that is not the end of it, for an outside party can offer alignments that now align with a principal party's position and then, addressing a different aspect of the principal's talk, align against it. Finally, in addition to being offered, collaboration can also be solicited. A principal in a two-party dispute solicits collaboration by inviting an outsider to display an alignment favorable to inviter's own position or to participate in a joint activity that supports that stance. Such solicits can be accepted, rejected, or, again, handled in such a way as to exhibit neutrality. Argumentative collaboration, in short, is a specific, momentary, and delicate state of affairs that is also an organized, technical achievement.The fact that the subjects for this study were children has become submerged in the formal analysis of alignment structures and collaboration. Thus, following this research, two directions can be pursued. One would be to ask how children's arguments differ from those occurring among adults. A reasoned answer would be that matters of substance or content may distinguish disputes among youthful persons from those occurring among older ones, while the forms of disputing remain relatively invariant (Maynard, 1985a, 1985b). In other words, by studying multi-party disputes among first-grade children, we learn about the structure of collaboration as a generic phenomenon among at least practitioners of standard English no matter what their age. This claim can be sustained in part because the analysis presented here depends upon deriving a priori conventional relations between utterances, rather than statistical relations between variables (Coulter, 1983). We have not examined exogenous influences — which would include the age characteristics of participants — on disputes, but rather the endogenously-produced structure of argumentative discourse. Still, the claim that patterns of collaboration are generic to children and adults can be examined with further research on multi-party disputes among different age groups.Another, more radical, research orientation, would be to consider, in any social arena where the members are identified as children, how it is that such a ‘membership category’ (Sacks, 1972) is relevant. If that query is made, then research on ‘children's arguments’ would involve investigating formal practices for exhibiting the accountable category ‘children’ as much as it would mean describing the ways that disputing is done. Those who have studied children's arguments, in Pollner's (1979) terms, have treated ‘children’ as a social fact, a ‘thing,’ rather than as a socially organized meaning, or ‘ing.’To attend to the -ing of things involves a radical modification of the attitude of daily life, for it requires attending to the processes of constitution in lieu of the product thus constituted (Pollner, 1979: 253, fn. 11).In short, we have treated arguments as the important event without also seeing how it is that the category ‘children’ is constituted as a recognizable feature of and within the research setting. (shrink)

The Action Theory of Exchanges is based on three main assumptions: i) an exchange is motivated by people having convergent preferences, ii) people exchange actions, and iii) offers and acceptances are crucial parts of an exchange and they bring about rights and obligations. The main aim of this paper is to discuss three aspects of this theory to better understand its ontological implications and, possibly, improve it. I first examine the expression “transferring the ownership” by showing an ontological issue (...) behind it; after that, I propose an interpretation that might solve this issue. I then show that convergent preferences are not enough to motivate an exchange; accordingly, one has to introduce two more preferences possessed by the agents. I finally propose a characterization of buying and selling (and buyer and seller) which, in addition to being compatible with the Action Theory of Exchanges, has the advantage of accounting for both monetary and non-monetary exchanges. (shrink)

This chapter contains sections titled: Introduction A Brief History of Developmental Explanations of Phenotypic Evolution Research Questions of Evo‐Devo Unifying Themes of the Conceptual Basis of Evo‐Devo Conclusion: A Mechanistic Theory of Evo‐Devo Challenges the Modern Synthesis Postscript: Counterpoint References.

Concepts such as ‘coercion’ and ‘inducement’ are often used within bioethics without much reflection upon what they mean. This is particularly so in research ethics where they are assumed to imply that payment for research participation is unethical. Wertheimer and Miller advance our thinking about these concepts and research ethics in a significant way, specifically by questioning the possibility of genuine offers ever being coercive. This commentary argues that they are right to question this assumption, however, more needs to (...) be said about the plausible coercive offer cases and to explain the normativity of these cases. (shrink)

The use of genomic testing in pregnancy is increasing, giving rise to questions over how the information that is generated should be offered and returned in clinical practice. While these tests provide important information for prenatal decision-making, they can also generate information of uncertain significance. This paper critically examines three models for approaching the disclosure of variants of uncertain significance (VUS), which can arise from forms of genomic testing such as prenatal chromosomal microarray analysis (CMA). Contrary to prevailing arguments, we (...) argue that respect for reproductive autonomy does not justify adopting a model on which an offer to disclose VUS is a routine part of genetic counselling. Instead, we contend that a commitment both to solidarity between healthcare providers and pregnant women and to the acceptance of a novel principle of caution under normative uncertainty means that we should instead adopt a model of VUS disclosure that imposes a strong presumption against offering to disclose VUS. The upshot of this is that it should be standard practice to only offer to disclose VUS when this is requested by the woman undergoing CMA. We defend our position against claims that arise from an alleged right to such information and that a presumption against an offer will lead to inequity. (shrink)

:A common justification offered for unequal pay is that it encourages socially beneficial productivity. G. A. Cohen famously criticizes this argument for not questioning the behaviour and attitudes that make those incentives necessary. I defend the communal status of incentives against Cohen's challenge. I argue that Cohen's criticism fails to appreciate two different contexts in which we might grant incentives. We might grant unequal payment to someone because they demand it. However, unequal payment might be an offer instead. I claim (...) that incentives as offers promote the ideal of society as a cooperative venture for mutual advantage. (shrink)

This paper reconsiders Rubinstein's alternating-offer bargaining game with complete information. We define rationalizability and trembling- hand rationalizability (THR) for multi-stage games with observed actions. We show that rationalizability does not exclude perpetual disagreement or delay, but that THR implies a unique solution. Moreover, this unique solution is the unique subgame perfect equilibrium (SPE). Also, we reconsider an extension of Rubinstein's game where a smallest money unit is introduced: THR rules out the non-uniqueness of SPE in some particular case. Finally, we (...) investigate the assumption of boundedly rational players. Perpetual disagreement is excluded, but not delay. Furthermore, we cannot use the asymmetric Nash bargaining solution as an approximation of the alternating-offer bargaining model once the players are boundedly rational ones. (shrink)

PURPOSE: The offer to return a summary of results to participants after the conclusion of clinical research has many potential benefits. The authors determined current practice and attitudes and needs of researchers in establishing programs to return results to research participants. METHODS: An Internet survey of all 236 principal investigators (PIs) of the Children's Oncology Group in May 2002 recorded PI and institutional demographics, current practice, and perceived barriers to and needs of PIs for the creation of research results programs. (...) RESULTS: One hundred fifty (63.8%) PIs responded. Few institutions (n = 5) had established, comprehensive programs to offer the return of results. PIs indicated that major impediments to the implementation of such programs are the preparation of lay summaries, time constraints, the task of contacting participants, and potential distress for the participants. PIs identified the following facilitators to the establishment of a program in their own institution: lay summaries, web site, preparation of an oncologist's summary, and financial credits. There was no clear consensus as to when the results should be shared: 30% indicated after the study was closed and 24% indicated at the time of publication of results. A substantial proportion of respondents opposed or strongly opposed the implementation of a universal offering of results to research participants. CONCLUSIONS: Few Children's Oncology Group institutions have programs that offer the return of results to research participants. Significant barriers and facilitators to this process have been identified. (shrink)

You are offered one billion dollars to 'simply' produce a proof-of-concept robot that has phenomenal consciousness -- in fact, you can receive a deliciously large portion of the money up front, by simply starting a three-year work plan in good faith. Should you take the money and commence? No. I explain why this refusal is in order, now and into the foreseeable future.

This paper makes a case for why philosophy would be beneficial if promoted among the subjects offered to secondary students in Aotearoa New Zealand. Philosophical inquiry in the form of Philosophy for Children (P4C) has made some inroads at the primary level, but currently very few students are offered philosophy as a subject at the secondary level. Philosophy is suited to be offered as a standalone subject and incorporated into the National Certificates of Educational Achievement (NCEA) system. Philosophy has been (...) shown to benefit students in numerous ways, including the development of their critical thinking. Critical thinking is a focus of education around the world, including in the New Zealand Curriculum, and this focus on critical thinking could precipitate a focus on philosophy. (shrink)

How do politicians engage with and offer to assist their constituents: the people who vote them into power? We address the question by analysing a corpus of 80 interactions recorded at the office of a Member of Parliament in the United Kingdom, and comprising telephone calls between constituents and the MP’s clerical ‘caseworkers’ as well as face-to-face encounters with MPs in their fortnightly ‘surgeries’. The data were transcribed, and then analysed using conversation analysis, focusing on the design and placement of (...) offers of assistance. We identified three types of offers within a longer ‘offering’ sequence: ‘proposal offers’, which typically appear first in any offering sequence, in which politicians and caseworkers make proposals to help their constituents using formats that request permission to do so, or check that the constituent does indeed want help ; ‘announcement offers’, which appear second, and indicate that something has been decided and confirm the intention to act and ‘request offers’, which appear third, and take for form ‘let me do X’. Request offers indicate that the offer is available but cannot be completed until the current conversation is closed; they also appear in environments in which the constituent reissues their problems and appears dissatisfied with the offers so far. The article contributes to what we know about making offers in institutional settings, as well as shedding the first empirical light on the workings of the constituency office: the site of engagement between everyday members of the public and their elected representatives. (shrink)

Sometimes, offering someone beneficial care is likely to thwart the similar or more serious medical needs of more people. For example, when acute shortage is strongly predicted to persist, providing the long period on scarce intensive care that a certain COVID‐19 patient needs is sometimes projected to block several future COVID‐19 patients from receiving the shorter periods on intensive care that they will need. Expected utility is typically higher if the former is denied intensive care. A tempting initial account of (...) such cases is that consequentialism supports denying care to that patient and nonconsequentialism supports providing that care. This paper argues that the consequentialist case is more complicated than it may initially seem and that nonconsequentialism sides more readily with denial of the beneficial treatment. It also shows that when denying it would directly enhance public health by a lot, either ethical approach would normally recommend denying it. Practical implications are discussed, including how to address conscientious objection to this shared recommendation. (shrink)

Cellular and sub-cellular material become creative medium across a range of disciplines that engage with biotechnology, from medicine to art practice. Historically, these practices complicated the boundaries of the body through patriarchal and colonial narratives of abstraction and extraction. In contrast to the ethical requirements of anonymity in medical research, this article suggests that material culture has a duty to know the body it works with. Three brief histories of bodily donation are recounted and aspects of these are contrasted with (...) contemporary approaches to the use of bodily material within art practice. The developing project, Offering the Body, is offered as an example of performative practice that reintroduces a proximity to the body in biotechnological practices and begins to question whether through art practice, the biological body can move from commodity to be considered as a more-than-human resource. (shrink)

OBJECTIVE: To ascertain attitudes to different methods of obtaining informed consent for randomised clinical trials (RCTs). DESIGN: Structured interviews with members of the public, medical secretaries and medical students. SETTING: The public were approached in a variety of public places. Medical secretaries and students were approached in their place of work. SUBJECTS: Fifty members of the public, 25 secretaries and 25 students. MAIN OUTCOME MEASURES: Views on RCTs were elicited, with particular emphasis on how subjects thought the concept of randomisation (...) should be explained. Each participant was presented with descriptions of proposed clinical trials and asked to select his or her preference from a range of options. RESULTS: Written information was preferred over verbal information in 91% of replies. Most respondents (86%) would prefer to sign a consent form. Of the seven statements explaining randomisation, a significant difference was found in favour of explanations that were less explicit about the play of chance (ANOVA; p = 0.0004). Eighty-three per cent of participants thought that randomised trials were morally acceptable when there was no prior medical preference between treatments. However, over half (55%) thought they would find it upsetting to be offered entry in such a trial and a quarter thought the outcome of treatment might be adversely affected. CONCLUSIONS: Our results offer some support for the idea that "economy with truth" is less unsettling than a frank description of the stark reality of what randomisation means. It is a matter of debate as to whether, if we are correct, autonomy should have precedence over beneficence. The offer of entry in a clinical trial is likely to affect the experience of care for many people, especially if the process of randomisation is described explicitly. Potential participants should be given a detailed written explanation of the rationale for the trial and be asked to sign a consent form if they agree to take part. (shrink)

In his thought-provoking article, John McMillan argues that the moral acceptability of offering surgical castration to imprisoned sex offenders depends partly on the state's intentions when making the offer.1 McMillan considers the situation where the prisoner will be detained for public protection for as long as he is considered dangerous and where the state and the offender both know that he may become non-dangerous sooner and qualify for early release if he accepts the offer of castration. Does the state, when (...) presenting the offender with the option of castration, intend him to choose this alternative? Does the state intend that the possibility of being released earlier from prison will induce him to accept castration? For McMillan, it seems that if the answer to either of these questions is ‘yes’ then the offer is morally unacceptable. However, McMillan maintains that ‘the state need not intend that sex offenders are castrated’, and need not intend offenders to accept castration because of the prospect of early release .1 He concludes that castration may be ethically defensible provided other conditions are also met .1While I am sympathetic to McMillan's claim that the state's intentions are morally significant, I believe that this claim requires more justification than he provides. McMillan argues that …. (shrink)

When asked to explain their solutions to a problem, both adults and children gesture as they talk. These gestures at times convey information that is not conveyed in speech and thus reveal thoughts that are distinct from those revealed in speech. In this study, we use the classic Tower of Hanoi puzzle to validate the claim that gesture and speech taken together can reflect the activation of two cognitive strategies within a single response. The Tower of Hanoi is a well‐studied (...) puzzle, known to be most efficiently solved by activating subroutines at theoretically defined choice points. When asked to explain how they solved the Tower of Hanoi puzzle, both adults and children produced significantly more gesture‐speech mismatches—explanations in which speech conveyed one path and gesture another—at these theoretically defined choice points than they produced at non‐choice points. Even when the participants did not solve the problem efficiently, gesture could be used to indicate where the participants were deciding between alternative paths. Gesture can, thus, serve as a useful adjunct to speech when attempting to discover cognitive processes in problem‐solving. (shrink)

The philosopher Enrique Dussel offers a critical analysis of European construction of indigenous peoples which he calls "transmodern." His theory is especially relevant to feminist and other concerns about the potential disabling effects of postmodern approaches for political action and the development of theory. Dussel divides modernity into two concurrent paradigms. Reflection on them suggests that modernism and postmodernism should not be too strongly distinguished. In conclusion, his approach is compared with that of Mohanty.

If I promise to pick you up at the airport, I thereby become obligated to do so. But this is not the only way I could undertake this obligation. If I offer to pick you up, and you accept my offer, I become obligated to pick you up in much the same way. I would also undertake similar obligations if you asked me to pick you up and I accepted your request, or if we made an agreement that I will (...) pick you up at the airport and in exchange you’ll buy me dinner. Why are the normative effects of accepted offers, accepted requests, and agreements so similar to those of promises? I argue that theorists of promising need to answer this question, and so they need to pay attention to offers, requests, and agreements. On the theory I defend, promises, offers, requests, and agreements have such similar normative effects because they all result in joint decisions between the relevant parties. I argue that this ‘joint decision view’ provides an attractive explanation of the similarities and differences between promises, offers, requests, and agreements. (shrink)

Probably no part of the Iliad has given rise to more discussion than the apparent contradiction between Books 9 and 16. In the former, Agamemnon's embassy offers Achilles the restoration of Briseis and ‘handsome gifts’ in recompense for taking her: in the latter Achilles tells Patroklos to obey his battle-orders exactly, ‘so that you may win me great renown and glory from all the Danaans, and they shall restore the lovely damsel and also give splendid gifts’ —just as though (...) he had not refused precisely these things only the night before. (shrink)

As both priest and victim, Christ offered himself through sacrificial actions involving death, entry into the heavenly sanctuary, and cleansing by blood. Hebrews highlights the soteriological, psychological, and social benefits of this sacrifice.

The Chinese writing system is unique in its implementation of graphemic, phonological, morphological, and semantic features. We add nuances to its portrait in the target article and highlight research on radically different timelines of phonological and semantic activation during reading of Chinese and alphabetic script, paving the way for the identification of universal and culture-specific cognitive processing.

A common sales tactic is for a seller to encourage a potential customer to make her purchase decision quickly. We consider a market with sequential consumer search in which firms often encourage first-time visitors to buy immediately, either by making an “exploding offer” (which permits no return once the consumer leaves) or by offering a “buy-now discount” (which makes the price paid for immediate purchase lower than the regular price). Prices often increase when these policies are used. If firms cannot (...) commit to their sales policy, the outcome depends on whether consumer incur an intrinsic cost of returning to a firm: if there is no such return cost, it is often an equilibrium for firms to offer a uniform price to both first-time and returning visitors; if the return cost is positive, however, firms are forced to make exploding offers. (shrink)

Futures contracts in agricultural commodities are an agreement to buy or sell a predetermined amount of agricultural commodities (such as wheat, corn, cotton, soybeans, live pork, live cattle, cocoa, etc.) at a specific price depending on the price on a specific date in the future. Futures contracts in agricultural commodities are carried out under “commodity futures contracts” on the futures exchange. These contracts are executed in two ways in terms of the delivery of the contract subject; physical delivery and cash (...) settlement. In the physical delivery, the underlying asset is physically received at the end of maturity. In our country, physical delivery method is used in futures contracts made on commodities. In the second contract method that results in cash settlement, there is no physical delivery of the underlying asset at the end of maturity. The transaction takes place over the settlement price at the end of maturity. Futures contracts in agricultural commodities can be analyzed in two categories in terms of Islamic law. First, within the scope of sales where both the goods and the price are on credit; the second is a combined contract that includes a promise to sell and a contract of sale when due. It is more convenient to analyze in the former because the agricultural commodities in the warehouse are kept ready to be delivered when due and the commodities price is also delivered on time. In this category, it resembles the sale of a credit on credit, which is prohibited in Islamic law. We can see that there are five parties within the exchange organization regarding the futures contracts in agricultural commodities; futures and options exchange, clearing house, brokerage houses, market participants, supervisory institutions. When the transactions of the related parties are examined in terms of legal capacity and power of representation; it is observed that brokerage houses transacting on behalf of sellers and customers operate by proxy. On the other hand, the Exchange, the Clearinghouse (Takasbank) and the custody warehouse within the scope of the exchange system; carries out transactions on behalf of the parties both as a proxy and a guarantor. Therefore, this futures transaction has the nature of containing more than one contract. When analyzed in terms of the establishment of the contract; if there are agricultural commodities that are considered as legitimate property of the Islamic law (mütekavvim), there is no objection regarding the parties and the offer-acceptance. In addition the delivery time of the commodity subject to the contract must be equal to the amount sold and the amount in the warehouse, which is guaranteed to be in the warehouse. In terms of invalid condition, one-sided benefit causing conflict for the parties contains something prohibited by the legal order. It is seen that it does not contain conditions contrary to the content of the contract and established practices. However, except for the condition that the collateral is retained with interest income in direct proportion to the period of stay in the Clearinghouse (Takasbank), in order to obtain the highest return. In terms of enforcement conditions, after the approval of the buyer and seller, transactions are carried out within the exchange system without asking for the right and approval of another person. Therefore, this contract can be considered as a running contract. In terms of the bindingness of this contract; at first glance, it can be seen as a mutual promise and non-obligatory promise based on the fact that the commodity and its price are not cash. But when the subject is examined in depth, it turns out to be a different situation. Because both parties are under mutual obligation by paying the guarantee stipulated by the Exchange, one party is obliged to deliver the commodity on time and the other party to deliver the price. In addition, the contract does not allow the parties to imagine the right. So, this contract can be considered as an obligatory contract. However, based on the current functioning futures contracts in agricultural commodities as a whole, it is considered unappropriate to Islamic law. In this study, first, the nature of futures contracts in agricultural commodities that are not deemed suitable for Islamic law in its current form are determined. Then, an analysis from the point of view of Islamic law was made and some offers were made for a model that was reconfigurated according to Islamic law. (shrink)

While different positions on the permissibility of organ markets enjoy support, there is widespread agreement that some benefits to living organ donors are acceptable and do not raise the same moral concerns associated with organ markets, such as exploitation and commodification. We argue on the basis of two distinctions that some benefit packages offered to donors can defensibly surpass conventional reimbursement while stopping short of controversial cash payouts. The first distinction is between benefits that defray the costs of donating an (...) organ and benefits that incentivize donation by offer- ing something in excess of defraying. The second distinction is between benefits that compensate donors and benefits that are non-compensating. We argue that non-compensating benefits are innocent of moral concerns typically associated with controversial cash payouts, and thus may be a morally promising avenue for increasing rates of kidney donation to address the tragic results of undersupply. (shrink)

Background There is ongoing debate regarding whether and under which circumstances secondary findings (SF) should be offered in the pediatric context. Although studies have examined patient perspectives on receiving SF, little research has been conducted examining the experiences of clinicians offering SF to parents of newborns receiving genomic sequencing for a recently diagnosed medical condition.Methods To address this, we conducted qualitative interviews exploring the views and experiences of 12 clinicians who offered SF to parents of infants who had diagnostic exome (...) sequencing (ES) to identify the cause of their hearing loss. Interviews explored clinicians’ accounts of parents’ choices and decision-making about receiving SF, their views on whether and when to offer SF, their experiences returning SF, and any ethical challenges they encountered. Interviews were audio-recorded, transcribed and analyzed using inductive content analysis.Results Clinicians reported parents who declined all SF often felt finding out about future conditions unrelated to their child’s hearing loss may be unhelpful, or even harmful, or were overwhelmed by their child’s diagnosis. Clinicians also reported that some parents chose SF because they felt obliged to, even if they did not want to receive them. They explained that while some parents experienced decision-making regarding SF as positive, for others, this process was challenging or distressing. While clinicians generally agreed SF should be offered, mainly to promote parental choice, most felt SF should be offered after disclosing diagnostic results, primarily to avoid overwhelming parents. Clinicians encountered several ethical challenges, including balancing parental autonomy with non-maleficence, wanting to report or not report certain SF, and questioning whether parents can make an autonomous choice regarding SF.Conclusions Our findings, which are novel as they relate to parents of young infants with a recent diagnosis of hearing loss, add new insights into clinicians’ and parents’ decision-making regarding SF in pediatrics. (shrink)

Ross’s argument against the best interest standard (BIS) makes a clear case for the problems of the BIS, and she also notes challenges with such notions as the harm principle. In light of these critiques, Ross champions her longstanding pediatric moral norm for decision making, constrained parental autonomy (CPA). This article argues that while Ross’s critique of the traditional accounts of the BIS is correct, her solution still raises some concerns. As such, I offer the “reasonable interests standard” as a (...) way of addressing what I see as weaknesses in both the BIS and CPA. (shrink)