An increasing number of automated and artificially intelligent (AI) systems make medical treatment recommendations, including “personalized” recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI. However, such liability depends in part on lay judgments by jurors: When physicians use AI systems, in which circumstances would jurors hold physicians liable? To determine potential jurors’ judgments of liability, we conducted an online (...) experimental study of a nationally representative sample of 2,000 U.S. adults. Each participant read one of four scenarios in which an AI system provides a treatment recommendation to a physician. The scenarios varied the AI recommendation (standard or nonstandard care) and the physician’s decision (to accept or reject that recommendation). Subsequently, the physician’s decision caused a harm. Participants then assessed the physician’s liability. Our results indicate that physicians who receive advice from an AI system to provide standard care can reduce the risk of liability by accepting, rather than rejecting, that advice, all else equal. However, when an AI system recommends nonstandard care, there is no similar shielding effect of rejecting that advice and so providing standard care. The tort law system is unlikely to undermine the use of AI precision medicine tools and may even encourage the use of these tools. (shrink)

This study uses accounting professionals from an international setting to test the individualism and power distance cultural dimensions developed by Hofstede [Culture's Consequences 1980]. Six countries, which appropriately represented high and low values on the Hofstede dimensions, were chosen for the survey of ethical beliefs. Respondents from the six countries were requested to supply their agreement/disagreement with eight questionable behaviors associated with the work environment. Each of these behaviors contained an individualism and/or power distance cultural component for the responding accountants (...) to consider. The results of the cultural analysis indicated significance on five of the eight survey items. Results lend support for the presence of the individualism cultural element in the ethical responses of the accountants surveyed. (shrink)

This research presents findings from a study of gender-based differences in an ethical decision situation. The study focuses on gender as it relates to situational factors and accounting experience. The primary element of interest is how the gender of the actor (the person described in each vignette) influences the evaluation/assessment of the ethical/unethical decisions. While previous research has provided evidence of ethical differences relating to the gender of the responding subjects, limited evidence has been presented relating to situational issues that (...) may influence assessments of ethical decisions.This research uses four accounting environment vignettes to survey the responses of accountants and accounting students to the ethical/unethical nature of the actions that are taken. In addition, how likely the accountants believe they are to take the same actions is also surveyed. The subjects are a representative sample of practicing accountants in the U.S. and senior/graduate accounting majors at a state university in the southwestern United States. (shrink)

The algorithmic turn in photography raises the question of whether an algorithmically generated image is even a photograph at all. This paradox is abundant on India's urban streets, where the pedestrian or road user is met with giant photo saturated flex hoardings printed with political and community messages and photo-shopped portraits of gods, chief ministers and party workers. In this article, attention to photo-based political posters alongside art practices sharing common elements of digital capture and postproduction contextualizes a reading of (...) technologically produced visual landscapes in the South Indian city of Bangalore. Informed by Vilèm Flusser, the techno-materiality of hoardings are interpreted as visual practices whose reliance on Microsoft and Adobe softwares reveal more than the semiotic information that is ostensibly transmitted; in so doing the extent to which photography is a useful entry point for assessing the visuality in which we're currently living and how this gets locally inflected in the case of India is explored. (shrink)

In this chapter, I argue that one can articulate a historically attuned and analytically rich model for understanding jazz in its various inflections. That is, on the one hand, such a model permits us to affirm jazz as a historically conditioned, dynamic hybridity. On the other hand, to acknowledge jazz’s open and multiple character in no way negates our ability to identify discernible features of various styles and aesthetic traditions. Additionally, my model affirms the sociopolitical, legal (Jim Crow and copyright (...) laws), and economic structures that shaped jazz. Consequently, my articulation of bebop as an inflection of Afromodernism highlights the sociopolitical, and highly racialized context in which this music was created. Without a recognition of the sociopolitical import of bebop, one’s understanding of the music is impoverished, as one fails to grasp the strategic uses to which the music and discourses about the music were put. (shrink)

This paper considers the development and judicial application of the Public Sector Equality Duty now found in section 149 Equality Act 2010, previously in a variety of forms in the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975. It identifies a number of emerging themes in the jurisprudence concerned, in particular, with the relationship between the PSED and Wednesbury review, the extent of the information-gathering obligation it imposes, the delegability of PSED decision-making and (...) the timing of PSED challenge. It then considers the uncertainties which remain including, in particular, the application of the duty to various categories of decision-making, and concludes by assessing the impact of the PSED on challenges to ‘cuts’ cases arising from the reductions to public sector funding, and on domestic equality jurisprudence. (shrink)

What was once the factory is now the university. As deindustrialization spreads and the working class is decentralized, new means of social resistance and political activism need to be sought in what may be the last places where they are possible: the university and the art world. Gerald Raunig's new book analyzes the potential that cognitive and creative labor has in these two arenas to resist the new regimes of domination imposed by cognitive capitalism. Drawing on Gilles Deleuze's concept of (...) "modulation" as the market-driven imperative for the constant transformation and reinvention of subjectivity, in Factories of Knowledge, Industries of Creativity, Raunig charts alternative horizons for resistance. Looking at recent social struggles including the university strikes in Europe, the Spanish ¡Democracia real YA! organization, the Arab revolts, and the Occupy movement, Raunig argues for a reassessment of the importance of cultural and knowledge production. The central role of the university, he asserts, is not as a factory of knowledge but as a place of creative disobedience. (shrink)

Paul of Aegina's (fl.c. 630)Pragmateiais the only extant Greek medical text from antiquity that discusses the extraction of arrows and small missiles. In his book on surgery, Paul details how to extract arrows according to their properties and the parts of the body which they have wounded (6.88). He prefaces his instructions by describing how arrows differ in their material, figure, size, number, mode, and power. Paul's account of arrow varieties appears to reflect the environment of his medical practice, seventh-century (...) Alexandria, for he refers to Egyptian arrow types when listing the material composition and sizes of different arrows. (shrink)

In this "concise philosophy of the machine," Gerald Raunig provides a historical and critical backdrop to a concept proposed forty years ago by the French philosophers Félix Guattari and Gilles Deleuze: the machine, not as a technical device and apparatus, but as a social composition and concatenation. This conception of the machine as an arrangement of technical, bodily, intellectual, and social components subverts the opposition between man and machine, organism and mechanism, individual and community. Drawing from an unusual range of (...) films, literature, and performance--from the role of bicycles in Flann O'Brien's fiction to Vittorio de Sica's Neorealist film The Bicycle Thieves, and from Karl Marx's "Fragment on Machines" to the deus ex machina of Greek drama--Raunig arrives at an enhanced conception of the machine as a social movement, finding its most apt and concrete manifestation in the Euromayday movement, which since 2001 has become a transnational activist and discursive practice focused upon the precarious nature of labor and lives. (shrink)

ABSTRACTUsing a frame analysis approach this paper examines how The Irish Times and the Irish Independent portrayed public sector workers during Ireland's economic crisis. Using a sample of coverage from 2009 and 2010 it discusses the five media frames identified in this analysis, three of which were hegemonic and two of which were counter hegemonic. In this paper, I argue that coverage of the public sector by each newspaper was imbalanced and inaccurate. This paper also finds that both newspapers were (...) strong advocates of austerity cutbacks in the public service as a solution to Ireland's financial crisis, frequently representing this idea as ‘fact’ while simultaneously delegitimising those opposing this viewpoint. (shrink)

Abstract:It is a common belief that obesity is wholly or partially a question of personal choice and personal responsibility. It is also widely assumed that when individuals are responsible for some unfortunate state of affairs, society bears no burden to compensate them. This article focuses on two conceptualizations of responsibility: backward-looking and forward-looking conceptualizations. When ascertaining responsibility in a backward-looking sense, one has to determine how that state of affairs came into being or where the agent stood in relation to (...) it. In contrast, a forward-looking conceptualization of responsibility puts aside questions of the past and holds a person responsible by reference to some desirable future state of affairs and will typically mean that he or she is subjected to criticism, censure, or other negative appraisals or that he or she is heldcost-responsible in some form, for example, in terms of demanded compensation, loss of privileges, or similar. One example of this view is the debate as to whether the obese should be denied, wholly or partially, free and equal access to healthcare,notbecause they are somehow personally responsible in the backward-looking sense but simply because holding the obese responsible will have positive consequences. Taking these two conceptions of responsibility into account, the authors turn their analysis toward examining the relevant moral considerations to be taken into account when public policies regarding obesity rely on such a conception of responsibility. (shrink)

This first full-length study of the Arabic reception of Plato's Timaeus considers the role of Galen of Pergamum in shaping medieval perceptions of the text as transgressing disciplinary norms. It argues that Galen appealed to the entangled cosmological scheme of the dialogue, where different relations connect the body, soul, and cosmos, to expand the boundaries of medicine in his pursuit for epistemic authority – the right to define and explain natural reality. Aileen Das situates Galen's work on disciplinary boundaries (...) in the context of medicine's ancient rivalry with philosophy, whose professionals were long seen as superior knowers of the cosmos vis-à-vis doctors. Her case studies show how Galen and four of the most important Christian, Muslim, and Jewish thinkers in the Arabic Middle Ages creatively interpreted key doctrines from the Timaeus to reimagine medicine and philosophy as well as their own intellectual identities. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is argued (...) that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through judgments in the (...) HRA case-law. (shrink)

A central principle of bioethics is “subject autonomy,” the acknowledgement of the primacy of the informed consent of the subject of research. Autonomy requires informed consent — the assurance that the research participant is informed about the possible risks and benefits of the research. In fact, informed consent is difficult when a single drug is being tested, although subjects have a baseline understanding of the testing of a pharmacological agent and the understanding that they can stop taking the drug if (...) there were an adverse event. However, informed consent is even less easily achieved in the modern arena of complex new molecular and cellular therapies. In this article, we argue that as science confronts new issues such as transplantation of stem cell products, which may live within the participant for the rest of their lives, researchers must carefully consider and constantly re-examine how they properly inform subjects considering participation trials of these novel therapeutic strategies.For example, the manufacture of a vial of a cell product that consists of a collection of growing cells is very different than the production of a vial of identical pills, which can be presumed to be identical. The scientific concepts on which these cellular approaches are based may seem alien and incomprehensible to a research subject, who thinks of a clinical trial as simply the selection and testing of the most efficacious pharmaceutical agent already proven to work in preclinical animal studies. The research subject would be wrong. (shrink)

This article investigates the textual strategies with which Maeve Murphy's Silent Grace addresses viewers in contemporary Northern Ireland. Borrowing Eric Santner's concept of `narrative fetishism', the analysis examines how the film's representation of the past obscures the historical realities experienced by female political prisoners in Armagh jail in the late 1970s and early 1980s. From this standpoint, its ethical relation to historical `truth' and responsibilities to its local audience are debated.

Cheyne and Girard characterize felt presence during sleep paralysis attacks as a pre-hallucinatory expression of a threat-activated vigilance system. While their results may be consistent with this interpretation, they are nonetheless correlational and do not address a parsimonious alternative explanation. This alternative stipulates that FP is a purely spatial, hallucinatory form of a common cognitive phenomenon—social imagery—that is often, but not necessarily, linked with threat and fear and that may induce distress among susceptible individuals. The occurrence of both fearful and (...) non-fearful FPs in a multiplicity of situations other than sleep paralysis attacks supports the notion that FPs are hallucinatory variants of social imagery and that they are not necessarily bound to threat-activated vigilance. Evidence linking FPs with anxiety disorders supports the notion that the distress they evoke may be mediated by a more general affective distress personality factor. To illustrate the predominantly spatial character of FP hallucinations, similarities between FP and phantom limbs are summarized and the possibility that these two phenomena are parallel expressions of a mirror neuron system is considered. (shrink)

The past decade has seen an explosion of work on the history of the human sciences during the Cold War. This work, however, does not engage with one of the leading human sciences of the period: linguistics. This article begins to rectify this knowledge gap by investigating the influence of linguistics and its concept of study, language, on American public, political and intellectual life during the postwar and early Cold War years. I show that language emerged in three frameworks in (...) this period: language as tool, language as weapon, and language as knowledge. As America stepped onto the international stage, language and linguistics were at the forefront: the military poured millions of dollars into machine translation, American diplomats were required to master scores of foreign languages, and schoolchildren were exposed to language-learning on a scale never before seen in the United States. Together, I argue, language and linguistics formed a critical part of the rise of American leadership in the new world order — one that provided communities as dispersed as the military, the diplomatic corps, scientists and language teachers with a powerful way of tackling the problems they faced. To date, linguistics has not been integrated into the broader framework of Cold War human sciences. In this article, I aim to bring both language, as concept, and linguistics, as discipline, into this framework. In doing so, I pave the way for future work on the history of linguistics as a human science. (shrink)

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)

This study uses accounting professionals from an international setting to test the individualism and power distance cultural dimensions developed by Hofstede [Culture’s Consequences (Sage Publications, Beverly Hills, CA) 1980]. Six countries, which appropriately represented high and low values on the Hofstede dimensions, were chosen for the survey of ethical beliefs. Respondents (n = 249) from the six countries were requested to supply their agreement/disagreement with eight questionable behaviors associated with the work environment. Each of these behaviors contained an individualism and/or (...) power distance cultural component for the responding accountants to consider. The results of the cultural analysis indicated significance on five of the eight survey items. Results lend support for the presence of the individualism cultural element in the ethical responses of the accountants surveyed. (shrink)

RésuméLe « Synopsis du Timée de Platon » de Galien, ouvrage clé pour l’étude du platonisme prémoderne, survit uniquement dans une édition dite « imparfaite » de 1951 qui présente pour la première fois le texte arabe survivant accompagné de sa traduction en latin. Les rédacteurs de la série « Plato Arabus » du Corpus Platonicum, à laquelle l’édition appartient, ont attribué les défauts de cette édition à la mort inopportune de Paul Kraus, qui l'a préparée, aidé par un autre (...) réfugié juif, Richard Walzer, pendant la période de la seconde guerre mondiale. Notre analyse de sources tirées d'archives démontrera que le travail sur ce volume était majoritairement celui de Kraus. Qui plus est, nous démontrons que Walzer et le rédacteur du Corpus Platonicum Raymond Klibansky ont marginalisé le travail de Kraus sur le projet dans l'optique d'avancer leurs propres carrières universitaires en tant que Juifs réfugiés en Grande-Bretagne. Nous allons également examiner la manière dont Walzer et Klibansky ont remanié le projet initial de Kraus – celui d'un corpus sémitique du platonisme – en un « Plato Arabus » plus étroit qui s'alignerait sur une étude du platonisme latin, projet qu'ils présumaient plus susceptible d'intéresser leurs mécènes britanniques. (shrink)

As his writings tend to prioritize the incorporeal over the corporeal, Plato seems an unlikely authority on medicine. He does not appear to have engaged in any systematic investigation of the body through direct examination of animal anatomy, like his pupil Aristotle. Notwithstanding Plato's apparent lack of interest in anatomical research, modern scholars view his dialogues as valuable witnesses for earlier and contemporary theories about the body. Famously, thePhaedrus(270c–e) mentions Hippocrates’ holistic approach to studying the body. Out of all his (...) dialogues, theTimaeusoffers the most extensive comments about the nature of the body and its functions. Many of its physiological ideas, however, seem to derive from earlier medical and philosophical authorities such as Alcmaeon of Croton (fifth century), Empedocles (fifth century) and Philistion of Locri (fourth century) rather than from Plato himself. (shrink)

This article offers the first edition and translation of two heretofore unpublished pharmacological treatises by Abū Bakr al-Rāzī, namely Fī ittikhādh māʾ al-jubn and Fī manāfiʿ māʾ al-jubn, which seem to have formed part of a lost volume on dairy products. As it demonstrates, al-Rāzī’s examination of whey is connected to his philosophical interest in the complex nature of simple substances such as milk. The article also highlights how these two treatises built on the Greek pharmacological tradition by incorporating ingredients (...) from Persia and India. (shrink)

The vital status of patients who are a part of controlled donation after circulatory death (cDCD) is widely debated in bioethical literature. Opponents to currently applied cDCD protocols argue that they violate the dead donor rule, while proponents of the protocols advocate compatibility. In this article, we argue that both parties often misinterpret the moral implications of the dead donor rule. The rule as such does not require an assessment of a donor’s vital status, we contend, but rather an assessment (...) of whether procurement of organs in cDCD cause the death of the donor or not. We then argue that commonly practiced cDCD protocols do not violate the dead donor rule, since the donation does not trigger or cause the death of the donors. (shrink)

This paper seeks to analyse small‐ and medium‐sized enterprise (SME) managers' representations of corporate social responsibility (CSR) and CSR communication in a corporate communication perspective. The basic question is: how strategic is CSR communication in SMEs? Corporate communication and CSR theories are used to establish an ideal typology of CSR concepts informing an analysis of qualitative data in the form of interviews with three middle managers in two Danish SMEs. A CSR communication model published earlier by the authors is challenged (...) from a SME perspective. Results from an Internet‐based questionnaire survey of 1071 SMEs pave the way for the analysis. Our analysis shows that SME managers clearly have an inside‐out approach to CSR, with a strong emphasis on the internal (corporate culture) dimension. However, SMEs and/or SME managers tend not to communicate externally about the CSR activities of the company. Based on these findings, the paper argues that CSR communication in SMEs is challenged by the global economy and is under revision. The contribution of the paper is to provide an insight into SMEs' present stage in relation to a possible future approach to strategic CSR communication. The paper also reminds us that SMEs have no interest in turning their local and authentic practice into a forced marketing and branding exercise, leaving them with an artificial picture of who they are and strive to be in the future. They should keep on acting locally but force themselves to think globally. (shrink)

Summary The recovery of the Camp Century deep ice core in 1966 – the first ice core to reach all the way through a polar ice sheet to bedrock – marked a shift from an era of United States military dominated glaciological research in Greenland to an era of climate oriented research on the island. This paper aims to provide an understanding of this shift. I show that the Camp Century ice core was at the heart of a complex blend (...) of environmental, military and scientific interests. By deconstructing these interests, I ultimately show that the island of Greenland underwent two reimaginings during the early Cold War. First, the island was reimagined as part of the US Cold War military sphere: driven by the need to secure the North American continent, the US established a hegemonic military colonization of Greenland. In the second reimagining of the island, environmental geography led the way: the scientific results of the Camp Century ice core and political concern about climatic change converged in the early 1970s to build Greenland into a unique location for pursuing research on climate questions. This paper adds to the literature by contextualizing the Camp Century ice core at the interface between the history of science, environmental history and Cold War history, and thereby illuminating Greenland as a dual geopolitical entity and environmental space. By highlighting the interaction of climatic change, geophysical sciences and national security narratives, it responds to recent historiographic calls to unite a set of narratives which, too often, talk past one another. (shrink)

This article explores stories related by perioperative nurses when asked to describe ethical judgements and subsequent actions that affected patient outcomes. A total of 214 patient care situations were analysed for moral actions taken and moral outcomes achieved in the perioperative arena. Content analysis of the patient care situations revealed a wide variety of ethical issues. Concerns about informed consent and quality of care were the most frequently identified issues. Respondents reported that 7% of patients underwent unwanted procedures and that (...) positive moral outcomes were achieved in 65% of situations. It is of concern that, despite the fact that more than two-thirds (69%) of the respondents reported undergoing ethics education, only 27% could relate a story of an ethical situation. (shrink)

Crisis management can be simultaneously a content specific problem solving process and an opportunity for stimulating and enabling an organization's ethical tradition. Crisis can be an opportunity for ethical organizational development. Kierkegaardian "upbuilding" dialog method builds from within the internal ethical tradition of an organization to respond to crises while simultaneously adapting and protecting the organization's tradition. The crisis itself may not be a directly ethical crisis, but the method of responding to the crisis is built upon the ethical foundations (...) of an organization's tradition. A limitation of this method is that it may be less applicable to organizations with questionably ethical traditions. The concept of "upbuilding" dialog is derived from Kierkegaard, but here is applied to organizational crisis management. The method is illustrated and discussed in the context of a wrongful death crisis of the Dana- Farber Cancer Institute, a non-profit organization, and an economic survival crisis at Ben and Jerry's, a business organization. (shrink)

ABSTRACT I argue that people have a right to self‐determination when they are plainly predominant in a certain territory and do not violate the civil liberties of minorities. But there is no self‐determination without the preservation of self‐identity and the cultural preservation that goes with its secure existence. So to preserve autonomy and self‐determination people must preserve their cultural identity and this cannot be securely sustained in modern conditions without a nation‐state concerned to nourish that identity. Such considerations support a (...) right to secession when certain conditions are met. The conditions are that the people in question have a cultural identity, live in a distinct territory which they have inhabited for a long time, form an extensive majority, and respect the civil liberties of the minorities living in that territory (as well as elsewhere). Where they are such a group they have a right to secede from a larger state to which they are historically attached. These conditions, I argue, are met in Quebec. (shrink)