In H.M. Advocate v. Grimmond1 the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the (...) use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. (shrink)

This article explores some of the issues raised by Munchausen’s Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the ‘diagnosis’, and mothering (...) that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings. (shrink)

Macphail’s ‘null hypothesis’, that there are no differences in intelligence, qualitative or quantitative, between non-human vertebrates has been controversial. This controversy can be useful if it encourages interest in acquiring a detailed understanding of how non-human animals express flexible problem-solving capacity (‘intelligence’), but limiting the discussion to vertebrates is too arbitrary. As an example, we focus here on Portia, a spider with an especially intricate predatory strategy and a preference for other spiders as prey. We review research on pre-planned detours, (...) expectancy violation and a capacity to solve confinement problems where, in each of these three contexts, there is experimental evidence of innate cognitive capacities and reliance on internal representation. These cognitive capacities are related to, but not identical to, intelligence. When discussing intelligence, as when discussing cognition, it is more useful to envisage a continuum instead of something that is simply present or not; in other words, a continuum pertaining to flexible problem-solving capacity for ‘intelligence’ and a continuum pertaining to reliance on internal representation for ‘cognition’. When envisaging a continuum pertaining to intelligence, Daniel Dennett’s notion of four Creatures (Darwinian, Skinnerian, Popperian, Gregorian) is of interest, with the distinction between Skinnerian and Popperian Creatures being especially relevant when considering Portia. When we consider these distinctions, a case can be made for Portia being a Popperian Creature. Like Skinnerian Creatures, Popperian Creatures express flexible problem solving capacity, but the manner in which this capacity is expressed by Popperian Creatures is more distinctively cognitive. (shrink)

A July, 1990, controversy in British Columbia, Canada, involved a set of audiotapes detailing an apparent abuse of power by the province's attorney general and a relationship between the attorney general and a member of the press. The controversy was covered extensively in local media. A discussion of relevant ethical issues is followed by an analysis of their coverage in the press. Recommendations are made for more effective handling of ethical issues by media organizations and more meaningful reporting of such (...) issues. (shrink)

Although Archaea inhabit the human body and possess some characteristics of pathogens, there is a notable lack of pathogenic archaeal species identified to date. We hypothesize that the scarcity of disease‐causing Archaea is due, in part, to mutually‐exclusive phage and virus populations infecting Bacteria and Archaea, coupled with an association of bacterial virulence factors with phages or mobile elements. The ability of bacterial phages to infect Bacteria and then use them as a vehicle to infect eukaryotes may be difficult for (...) archaeal viruses to evolve independently. Differences in extracellular structures between Bacteria and Archaea would make adsorption of bacterial phage particles onto Archaea (i.e. horizontal transfer of virulence) exceedingly hard. If phage and virus populations are indeed exclusive to their respective host Domains, this has important implications for both the evolution of pathogens and approaches to infectious disease control. (shrink)

Abstract I argue for a new interpretation of the argument for the non-identity of Being and Difference at Sophist 255c-e, which turns on a distinction between modes of being a property. Though indebted to Frede (1967), the distinction differs from his in an important respect: What distinguishes the modes is not the subject's relation to itself or to something numerically distinct, but whether it constitutes or conforms to the specification of some property. Thus my view, but not his, allows self-participation (...) for Forms. Against Frede and the more traditional interpretation, I maintain that the distinction is not introduced by way of the pros alla / kath' hauta distinction, or by way of uses or senses of the verb `to be', but is established prior to the argument and is deployed in its frame. Moreover, since I read the argument's scope as restricted to properties in what I shall call the attribute mode, my interpretation can explain, as its rivals cannot, why the criterion of difference at 255d6-7 does not apply to the Form, Difference, itself. (shrink)

Patient outcome after serious brain injury is highly variable. Following a period of coma, some patients recover while others progress into a vegetative state (unresponsive wakefulness syndrome) or minimally conscious state. In both cases, assessment is difficult and misdiagnosis may be as high as 43%. Recent advances in neuroimaging suggest a solution. Both functional magnetic resonance imaging and electroencephalography have been used to detect residual cognitive function in vegetative and minimally conscious patients. Neuroimaging may improve diagnosis and prognostication. These techniques (...) are beginning to be applied to comatose patients soon after injury. Evidence of preserved cognitive function may predict recovery, and this information would help families and health providers. Complex ethical issues arise due to the vulnerability of patients and families, difficulties interpreting negative results, restriction of communication to “yes” or “no” answers, and cost. We seek to investigate ethical issues in the use of neuroimaging in behaviorally nonresponsive patients who have suffered serious brain injury. The objectives of this research are to: (1) create an approach to capacity assessment using neuroimaging; (2) develop an ethics of welfare framework to guide considerations of quality of life; (3) explore the impact of neuroimaging on families; and, (4) analyze the ethics of the use of neuroimaging in comatose patients. (shrink)

Rare copy number variants have a prominent role in the aetiology of schizophrenia and other neuropsychiatric disorders. Substantial risk for schizophrenia is conferred by large CNVs at several loci, including microdeletions at 1q21.1, 3q29, 15q13.3 and 22q11.2 and microduplication at 16p11.2. However, these CNVs collectively account for a small fraction of cases, and the relevant genes and neurobiological mechanisms are not well understood. Here we performed a large two-stage genome-wide scan of rare CNVs and report the significant association of copy (...) number gains at chromosome 7q36.3 with schizophrenia. Microduplications with variable breakpoints occurred within a 362-kilobase region and were detected in 29 of 8,290 patients versus 2 of 7,431 controls in the combined sample. All duplications overlapped or were located within 89 kilobases upstream of the vasoactive intestinal peptide receptor gene VIPR2. VIPR2 transcription and cyclic-AMP signalling were significantly increased in cultured lymphocytes from patients with microduplications of 7q36.3. These findings implicate altered vasoactive intestinal peptide signalling in the pathogenesis of schizophrenia and indicate the VPAC2 receptor as a potential target for the development of new antipsychotic drugs. © 2011 Macmillan Publishers Limited. All rights reserved. (shrink)

The system of realist philosophy developed by John Anderson — situational realism — has recently been dismissed as ‘positivist’ by a prominent critical realist. The reason for this dismissal appears not to be the usual list of ideas deemed positivist, but the conviction that situational realism mistakenly defends a form of actualism, i.e. that to conceive of causal laws as constant conjunctions reduces the domain of the real to the domain of the actual. This is, in part, a misreading of (...) Anderson’s philosophy because, contrary to Hume’s constant conjunction account, Anderson viewed causation as pluralistic and non-linear. However, the critical realist charge does point to two important ontological differences between these realist philosophies — a levels-of-reality thesis and the notion of causal powers. Situational realism has always maintained that the arguments for both lead to difficulties that are logically insurmountable. Unfortunately, this is not addressed in the critical realists’ dismissal of Anderson’s philosophy. Regardless of who makes the charge of positivism, it frequently involves inattention to the real character of its target. (shrink)

Hope and Gabbert review and distil the relevant research examining the mnemonic consequences associated with conversations within an eyewitness context. In particular, they focus on how co‐witnesses’ retellings of witnessed events impair the quantity and quality of information subsequently reported to law enforcement authorities. Notably, they also provide interventions (e.g., careful witness management and post incident procedures, use of warnings, early individual accounts, etc.) to mitigate these negative, well‐documented mnemonic effects.

Food-specific inhibition training (FSIT) is a computerised task requiring response inhibition to energy-dense foods within a reaction-time game. Previous work indicates that FSIT can increase the number of healthy foods (relative to energy-dense foods) children choose, and decrease calories consumed from sweets and chocolate. Across two studies, we explored the impact of FSIT variations (e.g., different response signals, different delivery modes) on children’s food choices within a time-limited hypothetical food-choice task. In Study 1, we varied the FSIT Go/No-Go signals to (...) be emotive (happy vs. sad faces) or neutral (green vs. red signs). One-hundred-and-fifty-seven children were randomly allocated to emotive-FSIT, neutral-FSIT, or a non-food control task. Children participated in groups of 4–15. No significant FSIT effects were observed on food choices (all values ofp> 0.160). Healthy-food choices decreased over time regardless of condition (p 0.050). Healthy choices decreased over time in the control group (p= 0.001) but did not change in the two FSIT groups (bothp> 0.300) supporting previous evidence that FSIT may have a beneficial effect on children’s food choices. Ensuring that children perform FSIT with high accuracy (e.g., by using FSIT in quiet environments and avoiding group-testing) may be important for impacts on food choices though. Future research should continue to explore methods of optimising FSIT as a healthy-eating intervention for children. (shrink)

This study extends regulatory capture theory to investigate how and to what extent a firm’s political and nonpolitical ties jointly influence corporate regulatory participation. In the context of regulatory standards setting, although firms with political ties are better able to promote firm standards into industry regulations, it remains unclear whether the coexistence of firms’ nonpolitical ties (i.e., university ties and interlocked firms in our study) is more or less likely to reduce the effect of political ties. Although corporate leaders with (...) political and nonpolitical ties may provide complementary resources, they may follow different mechanisms to drive firm actions. We, thus, argue that nonpolitical ties likely reduce the effect of political ties on regulatory standards setting. Using a sample of public manufacturing firms in China, we find evidence that supports our predictions. Our study contributes to the regulatory capture literature by redirecting attention to the dynamics of political versus nonpolitical ties. (shrink)

Recently, the term ‘aphantasia’ has become current in scientific and public discourse to denote the absence of mental imagery. However, new terms for aphantasia or its subgroups have recently been proposed, e.g. ‘dysikonesia’ or ‘anauralia’, which complicates the literature, research communication and understanding for the general public. Before further terms emerge, we advocate the consistent use of the term ‘aphantasia’ as it can be used flexibly and precisely, and is already widely known in the scientific community and among the general (...) public. (shrink)

While every health care system stakeholder would seem to be concerned with obtaining the greatest value from a given technology, there is often a disconnect in the perception of value between a technology’s promoters and those responsible for the ultimate decision as to whether or not to pay for it. Adopting an empirical ethics approach, this paper examines how five Canadian medical device manufacturers, via their websites, frame the corporate “value proposition” of their innovation and seek to respond to what (...) they consider the key expectations of their customers. Our analysis shows that the manufacturers’ framing strategies combine claims that relate to valuable socio-technical goals and features such as prevention, efficiency, sense of security, real-time feedback, ease of use and flexibility, all elements that likely resonate with a large spectrum of health care system stakeholders. The websites do not describe, however, how the innovations may impact health care delivery and tend to obfuscate the decisional trade-offs these innovations represent from a health care system perspective. Such framing strategies, we argue, tend to bolster physicians’ and patients’ expectations and provide a large set of stakeholders with powerful rhetorical tools that may influence the health policy arena. Because these strategies are difficult to counter given the paucity of evidence and its limited use in policymaking, establishing sound collective health care priorities will require solid critiques of how certain kinds of medical devices may provide a better (i.e., more valuable) response to health care needs when compared to others. (shrink)

En s'interrogeant sur les enjeux philosophiques, littéraires, culturels et linguistiques des notions de libéralité et de libéralisme, dans leur lien avec l'adjectif "libéral", cet ouvrage collectif suggère l'existence d'une généalogie commune à ces trois notions. Il dessine ainsi les rapports unissant ce qui convient à l'homme libre et par extension à ce qui permet de l'éduquer et d'élargir ses vues (arts libéraux et éducation libérale), la libéralité entendue comme largesse et générosité mais aussi comme vertu d'user avec mesure de l'argent, (...) et enfin le libéralisme propre aux sociétés commerçantes, mais dont l'appel au seul marché ne suffit pas à préserver la liberté et la civilisation. Philosophes, littéraires, historiens des idées et sociologues se sont réunis pour interroger les liens du libéralisme avec la libéralité et pour cerner de l'antiquité au XIXe siècle ce que recouvrait l'appellation "être libéral"."--Page 4 of cover. (shrink)

This symposium discusses J.-L. Dessalles's account of the evolution of language, which was presented in Why we Talk (OUP 2007).

Care ethics is often criticized for being incapable of outlining what responsibilities we have to persons beyond our personal relations, especially toward distant others. This criticism centres on care theorists’ claim that the concerns of morality emerge between people, generated through our relations of interdependent care: it is difficult to see how moral duties can be applied to those with whom we do not forge a relationship. In this article, I respond to this criticism by outlining a care ethical justification (...) for an interest theory of human rights. This theory will argue that the demands of global justice include various positive actions that aim toward ensuring the conditions for good caring relations to flourish, which in turn protect and promote the vital interests of all persons. In doing so, I aim to concurrently advance the sparse work on human rights within the care literature, systematizing the ideas of care theorists such as Daniel Engster, Virginia Held, and Fiona Robinson. (shrink)

How would you feel about your husband, wife, or partner masturbating using pornography or erotica? For many, this would be a betrayal – a kind of cheating. I explore whether monogamous relationships should forbid solo masturbation using erotica and pornography, considering two possible objections: (1) the objection that such activity is a kind of infidelity; (2) the objection that such activity involves attitudes, usually attitudes towards women that are incompatible with an equal, loving relationship. I argue that the use of (...) erotic material in solo masturbation should not count as cheating. Solo use of pornography differs significantly from interpersonal sexual activity. Thus, unlike causal interpersonal sex, it does not undermine the role of sex within the relationship. Additionally, freedom to explore sexual fantasy through masturbation is an important element of sexual autonomy. Objection (2) holds against some but not all erotic material. Sexual enjoyment of pornography that depicts, or is produced by, suffering or degradation involves a way of seeing others that has implications for the user’s relationships with others, particularly sexual relationships. However, not all erotic material involves objectionable attitudes towards others. Thus partners should allow moderate use of some types of erotica in solo-masturbation. (shrink)

Which objects and properties are represented in perceptual experience, and how are we able to determine this? The papers in this collection address these questions together with other fundamental questions about the nature of perceptual content. The book draws together papers by leading international philosophers of mind, including Alex Byrne (MIT), Alva Noë (University of California, Berkeley), Tim Bayne (St Catherine’s College, Oxford), Michael Tye (University of Texas, Austin), Richard Price (All Souls College, Oxford) and Susanna Siegel (Harvard University) Essays (...) address the central questions surrounding the content of perceptual experience Investigates how are we able to determine the admissible contents of experience Published in association with the journal Philosophical Quarterly . (shrink)

Scientific and philosophical perspectives on hallucination: essays that draw on empirical evidence from psychology, neuroscience, and cutting-edge philosophical theory.

Introduction -- The ethics of care and global politics -- Rethinking human security -- 'Women's work' : the global care and sex economies -- Humanitarian intervention and global security governance -- Peacebuilding and paternalism : reading care through postcolonialism -- Health and human security : gender, care and HIV/AIDS -- Gender, care, and the ethics of environmental security -- Conclusion. Security through care.

Many philosophers believe that God has been put to rest. Naturalism is the default position, and the naturalist can explain what needs to be explained without recourse to God. This book agrees that we should be naturalists, but it rejects the more prevalent scientific naturalism in favour of an 'expansive' naturalism inspired by David Wiggins and John McDowell. Fiona Ellis draws on a wide range of thinkers from theology and philosophy, and spans the gulf between analytic and continental philosophy. (...) She tackles various philosophical problems including the limits of nature and the status of value; some theological problems surrounding the natural/ supernatural relation, the Incarnation, and the concept of myth; and offers a model to comprehend the relation between philosophy and theology. (shrink)

This powerfully iconoclastic book reconsiders the influential nativist position toward the mind. Nativists assert that some concepts, beliefs, or capacities are innate or inborn: "native" to the mind rather than acquired. Fiona Cowie argues that this view is mistaken, demonstrating that nativism is an unstable amalgam of two quite different--and probably inconsistent--theses about the mind. Unlike empiricists, who postulate domain-neutral learning strategies, nativists insist that some learning tasks require special kinds of skills, and that these skills are hard-wired into (...) our brains at birth. This "faculties hypothesis" finds its modern expression in the views of Noam Chomsky. Cowie, marshaling recent empirical evidence from developmental psychology, psycholinguistics, computer science, and linguistics, provides a crisp and timely critique of Chomsky's nativism and defends in its place a moderately nativist approach to language acquisition. Also in contrast to empiricists, who view the mind as simply another natural phenomenon susceptible of scientific explanation, nativists suspect that the mental is inelectably mysterious. Cowie addresses this second strand in nativist thought, taking on the view articulated by Jerry Fodor and other nativists that learning, particularly concept acquisition, is a fundamentally inexplicable process. Cowie challenges this explanatory pessimism, and argues convincingly that concept acquisition is psychologically explicable. What's Within? is a clear and provocative achievement in the study of the human mind. (shrink)

This book challenges readers to rethink rural health ethics. Traditional approaches to health ethics are often urban-centric, making implicit assumptions about how values and norms apply in health care practice, and as such may fail to take into account the complexity, depth, richness, and diversity of the rural context. There are ethically relevant differences between rural health practice and rural health services delivery and urban practice and delivery that go beyond the stereotypes associated with rural life and rural health services. (...) This book examines key values in the rural context that have not been fully explored or taken into account when we examine health ethics issues, including the values of community and place, and a need to “revalue” relationships. It also advocates for a greater attention to meso and macro level analysis in rural health ethics as being critical to ethical analysis of rural health care. This book is essential reading for those involved in health ethics, rural health policy and governance, and for rural health providers. (shrink)

Can the phenomenal character of perceptual experience be altered by the states of one's cognitive system, for example, one's thoughts or beliefs? If one thinks that this can happen then one thinks that there can be cognitive penetration of perceptual experience; otherwise, one thinks that perceptual experience is cognitively impenetrable. I claim that there is one alleged case of cognitive penetration that cannot be explained away by the standard strategies one can typically use to explain away alleged cases. The case (...) is one in which it seems subjects' beliefs about the typical colour of objects affects their colour experience. I propose a two-step mechanism of indirect cognitive penetration that explains how cognitive penetration may occur. I show that there is independent evidence that each step in this process can occur. I suspect that people who are opposed to the idea that perceptual experience is cognitively penetrable will be less opposed to the idea when they come to consider this indirect mechanism and that those who are generally sympathetic to the idea of cognitive penetrability will welcome the elucidation of this plausible mechanism. (shrink)

Fiona Woollard presents an original defence of the Doctrine of Doing and Allowing, according to which doing harm seems much harder to justify than merely allowing harm. She argues that the Doctrine is best understood as a principle that protects us from harmful imposition, and offers a moderate account of our obligations to offer aid to others.

Ethical perspectives on regional, rural, and remote healthcare often, understandably and importantly, focus on inequities in access to services. In this commentary, we take the opportunity to examine the implications of normalizing metrocentric views, values, knowledge, and orientations, evidenced by the recent (2022) New South Wales inquiry into health outcomes and access to hospital and health services in regional, rural and remote New South Wales, for contemporary rural governance and justice debates. To do this, we draw on the feminist inspired (...) approach to rural health ethics involving analysis of power relationships developed by Simpson and McDonald and related ideas from critical health sociology. In presenting this analysis, we extend contemporary thought about spatial health inequities and structural violence. (shrink)

What does it mean to understand the world religiously? How is such understanding to be distinguished from scientific understanding? What does it have to do with religious practice, transfiguring love, and spiritual well-being? New Models of Religious Understanding investigates these questions to set a new and exciting agenda for philosophy of religion. Featuring contributions from leading scholars in the field, the volume cuts across the supposed divide between analytic and continental approaches to the subject and engages the interest of a (...) broad range of philosophical and theological readers. (shrink)

Research ethicists have recently declared a new ethical imperative: that researchers should communicate the results of research to participants. For some analysts, the obligation is restricted to the communication of the general findings or conclusions of the study. However, other analysts extend the obligation to the disclosure of individual research results, especially where these results are perceived to have clinical relevance. Several scholars have advanced cogent critiques of the putative obligation to disclose individual research results. They question whether ethical goals (...) are served by disclosure or violated by non-disclosure, and whether the communication of research results respects ethically salient differences between research practices and clinical care. Empirical data on these questions are limited. Available evidence suggests, on the one hand, growing support for disclosure, and on the other, the potential for significant harm. (shrink)

It is a philosophy of patient care, and is therefore open to critique and evaluation.Using the Oxford Textbook of Palliative Medicine Third Edition as their ...

In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and (...) subtler forms of discrimination and exclusion. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, women remain on the margins of power and privilege in law practice. Our analysis of contemporary official data on the Canadian legal profession demonstrates that women are under-represented in private practice, have reduced chances for promotion, and are excluded from higher echelons of authority, remuneration, and status in the profession. Yet, the contemporary picture of the legal profession also reveals that women are having an important impact on the profession of law in Canada by introducing policy reforms aimed at creating a more humane legal profession. (shrink)

This paper explores the potential for an international political theory of care as an alternative to liberalism in the context of contemporary global politics. It argues that relationality and interdependence, and the responsibilities for and practices of care that arise therewith, are fundamental aspects of moral life and sites of political contestation that have been systematically denied and obfuscated under liberalism. A political theory of care brings into view the responsibilities and practices of care that sustain not just ‘bare life’ (...) but all social life, from nuclear and extended families to local, national and transnational communities. It disrupts and challenges the individualism of liberalism, and the associated valorization of ‘freedom’, ‘autonomy’, and ‘toleration’. Instead, it emphasizes an ontology of relationality and interdependence that accepts the existence of vulnerability without reifying particular individuals, groups or states as ‘victims’ or ‘guardians’. Furthermore, by demonstrating the gendered and raced nature of caring in the contemporary world—from the household to the transnational level—an international political theory of care challenges our received assumptions about ‘dependence’ in world politics, and opens up space to interrogate politically not only gender but race and other aspects of inequality in the global political economy. (shrink)

If beliefs and desires affect perception—at least in certain specified ways—then cognitive penetration occurs. Whether it occurs is a matter of controversy. Recently, some proponents of the predictive coding account of perception have claimed that the account entails that cognitive penetrations occurs. I argue that the relationship between the predictive coding account and cognitive penetration is dependent on both the specific form of the predictive coding account and the specific form of cognitive penetration. In so doing, I spell out different (...) forms of each and the relationship that holds between them. Thus, mere acceptance of the predictive coding approach to perception does not determine whether one should think that cognitive penetration exists. Moreover, given that there are such different conceptions of both predictive coding and cognitive penetration, researchers should cease talking of either without making clear which form they refer to, if they aspire to make true generalisations. (shrink)