BackgroundThe amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and (...) biobanks.MethodsChairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were interviewed. Interviews consisted of structured questions dealing with diabetes-related scenarios, with open-ended responses and probing for rationales. The two scenarios involved the development of a diabetes registry using clinical encounter data across several physicians' practices, and the addition of biological samples to the registry to create a biobank.ResultsThere was a wide range of responses given for the questions raised in the scenarios, indicating a lack of clarity about the role of REBs in registries and biobanks. With respect to the creation of a registry, a minority of sites felt that consent was not required for the information to be entered into the registry. Whether patient consent was required for information to be entered into the registry and the duration for which the consent would be operative differed across sites. With respect to the creation of a biobank linked to the registry, a majority of sites viewed biobank information as qualitatively different from other types of personal health information. All respondents agreed that patient consent was needed for blood samples to be placed in the biobank but the duration of consent again varied.ConclusionParticipants were more attuned to issues surrounding biobanks as compared to registries and demonstrated a higher level of concern regarding biobanks. As registries and biobanks expand, there is a need for critical analysis of suitable roles for REBs and subsequent guidance on these topics. The authors conclude by recommending REB participation in the creation of registries and biobanks and the eventual drafting of comprehensive legislation. (shrink)

Introduction: Variation across research ethics boards in conditions placed on access to medical records for research purposes raises concerns around negative impacts on research quality and on human subject protection, including privacy.Aim: To study variation in REB consent requirements for retrospective chart review and who may have access to the medical record for data abstraction.Methods: Thirty 90-min face-to-face interviews were conducted with REB chairs and administrators affiliated with faculties of medicine in Canadian universities, using structured questions around a case study (...) with open-ended responses. Interviews were recorded, transcribed and coded manually.Results: Fourteen sites required individual patient consent for the study to proceed as proposed. Three indicated that their response would depend on how potentially identifying variables would be managed. Eleven sites did not require consent. Two suggested a notification and opt-out process. Most stated that consent would be required if identifiable information was being abstracted from the record. Among those not requiring consent, there was substantial variation in recognising that the abstracted information could potentially indirectly re-identify individuals. Concern over access to medical records by an outside individual was also associated with requirement for consent. Eighteen sites required full committee review. Sixteen allowed an external research assistant to abstract information from the health record.Conclusions: Large variation was found across sites in the requirement for consent for research involving access to medical records. REBs need training in best practices for protecting privacy and confidentiality in health research. A forum for REB chairs to confidentially share concerns and decisions about specific studies could also reduce variation in decisions. (shrink)

What do we do when a beloved comedian known as "America's Dad" is convicted of sexual assault? Or when we discover that the man who wrote "all men are created equal" also enslaved hundreds of people? Or when priests are exposed as pedophiles? From the popular to the political to the profound, each day brings new revelations that respected people, traditions, and institutions are not what we thought they were. Despite the shock that these disclosures produce, this state of affairs (...) is anything but new. Facing the concrete task of living well when our best moral resources are not only contaminated but also potentially corrupting is an enduring feature of human experience. In this book, Karen V. Guth identifies "tainted legacies" as a pressing contemporary moral problem and ethical challenge. Constructing a typology of responses to compromised thinkers, traditions, and institutions, she demonstrates the relevance of age-old debates in Christian theology for those who confront legacies tarnished by the traumas of slavery, racism, and sexual violence. (shrink)

John Howard Yoder's reclamation of Christ's law of love as normative for Christian ethics makes important contributions to the field, but this pacifist legacy is tainted by his sexual violence against women. Prominent "witness" and "feminist" ethicists either defend or condemn Yoder, reflecting retributive approaches to wrongdoing. Restorative justice models—with their emphasis on truth-telling, particularity, and communal responses to violence—illuminate common ground between these often antagonistic groups of ethicists, whose specific resources are needed to "do justice" to Yoder's legacy. Yoder (...) claimed that "Christian identity itself calls for feminist engagement," but he failed to fully develop this claim in his theology or embody it in his life. By collaborating in such a truly feminist pacifist politics, witness and feminist ethicists not only strengthen their own internal projects with respect to the church's mission and the promotion of women's flourishing but also more effectively address sexual violence. (shrink)

Scholars celebrate Dietrich Bonhoeffer as a "prophet of justice for the oppressed" who identified the need "to see the great events of world history from below." But few address the thorniest aspect of Bonhoeffer's ethics for the marginalized: the mandates or divine commissions in church, marriage, work, and government made concrete within certain orders of relationship and authority. Bonhoeffer's marriage mandate poses particular problems as it reinforces unjust social structures. Fortunately, striking similarities between Bonhoeffer's ethics and feminist thought—attention to concrete (...) contexts, the role of emotion in moral reasoning, opposition to harmful dualisms, and emphasis on relationality—suggest that feminists are well-placed to critique and reconstruct Bonhoeffer's account. Construing the mandates as contexts for "genuine communities of argument" repurposes them to combat rather than condone injustice. (shrink)

This essay reflects on the role academic journals like the JRE can play in facilitating and addressing tainted legacies. As an institution in religious ethics, the journal not only determines whose work is important, but it also replicates such judgments, passing certain sets of issues, concerns, and methods down from the past to the present, shaping future work. Journals highlight the systemic, structural elements of legacies that we often neglect in heated debate over how to respond to them. Consequently, they (...) illuminate the complexity of the problems tainted legacies present. I first discuss three ways a journal like the JRE facilitates the structural features of tainted legacies in religious ethics. I then suggest how the JRE might implement a position I call the “reformer” in response to such legacies. This position emphasizes practices of moral repair designed to challenge the systemic injustices that underlay tainted legacies. (shrink)

In contemporary reflection on Christianity and politics, the work of realist, witness, and feminist theologians has been done in isolation--that is, each school has largely pursued its projects without incorporating the insights of others. Christian Ethics at the Boundary offers the first approach to public and political theology developed at the boundaries that separate these approaches.

This essay assesses the oft‐made link between Walter Rauschenbusch and Martin Luther King Jr. Denying neither Rauschenbusch’s influence on King nor King’s social gospel status, it nevertheless questions the way historians locate Rauschenbusch’s legacy in King and the civil rights movement. This strategy, however unintentionally, reproduces the white social gospel’s “astigmatism” on race and undermines the contributions of black social gospel (and other neglected) leaders even as revised histories affirm them. After exploring King’s references to Rauschenbusch and Rauschenbusch’s reflections on (...) race, the paper compares their theologies. This comparison reveals key differences on race and economic justice that ramify across Rauschenbusch’s and King’s distinctive articulations of social gospel categories, further complicating historians’ claims on King. Oversimplifying the connection between these important figures in religious ethics distorts theological understanding of social gospel legacies and compromises their power for future generations. (shrink)

The prevalence of tainted legacies within Christian ethics, across the academy, and in contemporary public debate raises difficult questions about handling legacies implicated in traumatic pasts. This essay uses the concept of moral injury to illuminate the moral complexities of tainted religious legacies and employs feminist and womanist ethics to provide strategies for moral repair in the wake of these and other such legacies. It first argues that, despite significant limitations, moral injury provides purchase on the experience of encountering tainted (...) religious legacies by naming the type of agency involved, describing the moral harm tainted legacies cause, and highlighting the social and institutional context of that harm. It then argues that feminist and womanist responses to morally injurious forms of Christianity—particularly explorations of redemptive suffering—not only resonate with responses to Yoder’s case and other tainted legacies current in public debate but also provide criteria for assessing those responses. (shrink)

SCHOLARS OFTEN VIEW MARTIN LUTHER KING JR.'S CONTRIBUTIONS TO political theology in the context of his philosophy of nonviolence. Drawing on feminist and womanist thought, I reconstruct King's theopolitical practice to construe nonviolence more broadly as including any "agapic activity" that forms and sustains community. In doing so, I uncover in King's thought a conception of agape that resonates with feminist emphasis on the relational and community-oriented nature of love, and I draw on womanist thought to highlight the role of (...) creativity, not solely love or justice, to King's ethical thinking. Both emphases suggest a vision of churches as communities of creativity with community-creating practices at the heart of their political roles. (shrink)

This paper explores the power of womanist ethics to illuminate the Confederate monuments debate. First, I draw on Emilie Townes’s analysis of the “cultural production of evil” to construe Confederate monuments as products of the “fantastic hegemonic imagination” that render visible for whites the invisibility of “whiteness.” Second, I argue that Angela Sims’s work on lynching provides a vivid example of how “countermemory” functions as an antidote to the fantastic hegemonic imagination. Finally, I argue that Delores Williams’s re-evaluation of the (...) cross as a sacred symbol enables a reading of Confederate monuments as realist symbols of violence that require displacement from the center to the periphery of national sacred space. I conclude that although the debate on Confederate monuments is important, womanist analysis warns against an overly-narrow focus on this issue, lest we neglect the already obscured gendered, classist, homophobic, and xenophobic dimensions of structural injustice that the monuments represent. (shrink)

By examining the case of one man in the early nineteenth century, this article challenges the assumptions of separate work and emotional lives for men and women and raises questions for the study of gender. The experience of Brigham Nims, as revealed in his diaries and letters, demonstrates that men and women did not live their lives in completely separate spheres during this period. Men could ignore the prescriptive adages of advice manuals and ministers, and regularly break gender-role stereotypes, yet (...) still be honored in their communities. They also engaged in special intimate friendships. If the separation of spheres was observed by individuals as rigidly as it was advocated in prescriptive literature, then it is unlikely that Brigham Nims would have sewed, cooked, ironed, and quilted with womenfolk. (shrink)

This contributions tests the hypotheses that women MPs have a specific potential to 'construct' the represented female citizen. This ste rns from the combination of two theoretical propositions: the thesis that representatives 'create' the represented in the course of the representational process and the statement that women MPs might contribute in a unique way to the substantive representation of women due to a 'shared' life experience. A detailed reading of the interventions of women and men MPs in favour of women (...) over eighty years of budget debates in the Belgian Lower House, learns that women MPs indeed did broaden the construction of the represented women. lndependently from the dominant vision with in the parliament or their parliamentary party, they contributed to the construction of the female citizen as mother and wife, with a female specific role in society, and in particular to the construction of women as individuals with equal rights. (shrink)

Justified trust is rationally permitted trust; wise trust is excellent trust. Excellent (dis)trust is always justified (dis)trust, but the reverse is not true. You can be justified in distrusting someone and yet it be wise for you to trust. Contrary to folk saying, wisdom does not favour distrust ahead of trust. This paper explores what it takes to be wise in entering, maintaining, modifying and exiting trust relations. Wisdom is socially scaffolded, including by distributed networks of distrust that make local (...) trust wise. (shrink)

An important but unstudied event in US legal institutions is when judges question plaintiff and defense attorneys about the issue that brings them to an appeals hearing before a state supreme court. In this article I analyze judges' questioning during the oral argument phase of the New York Court of Appeals' hearing of Hernandez v. Robles, a case concerning whether the state was violating same-sex couples' constitutional rights by denying them access to marriage. The article's purpose is to show how (...) the content, format, and language style of judges' questioning turns constructs the judges as persons possessing particular attitudes, judicial philosophies, political leanings, and personalities. The article provides a quantitative overview of the 186 questioning turns and analyzes the discourse in selected episodes to evidence how features of questioning generate identity inferences. The conclusion considers how the oral argument phase of Appeals Court proceedings contributes to larger discourses of the law. (shrink)

After Roe v. Wade was overturned by the Supreme Court, pregnant people lost their Constitutional protection of abortion. The new, visible politics of susceptibility have invited a revisitation to the psychoanalytic work of Sigmund Freud. This article examines the trauma narrative of Freud’s Beyond the Pleasure Principle and the theory of the death drive in elaborating the enduring cultural investment in protecting fetal life while examining its implications for pregnant subjects.

In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the (...) ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive. (shrink)

In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the (...) ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive. (shrink)

Zusammenfassung Die Rhetorica ad Alexandrum gilt allgemein als ausnehmend praxisorientierte rhetorische Schrift. Im Unterschied zur bisherigen Forschung sucht der Beitrag zu zeigen, dass ihr Praxisbezug nicht vorrangig am zeitgenössischen Athen orientiert ist, sondern eher am Typus einer gemäßigt demokratisch verfassten Polis. Entsprechend vermag die Schrift uns wichtige Hinweise auf die rhetorische Praxis gerade auch außerhalb Athens zu geben.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christian Ethics at the Boundary: Feminism and Theologies of Public Life by Karen V. GuthJulie Hanlon RubioChristian Ethics at the Boundary: Feminism and Theologies of Public Life Karen V. Guth MINNEAPOLIS: FORTRESS PRESS, 2015. 231 pp. $39.00In her promising first book, Karen Guth does "ethics at the boundary," reading the central figures of Martin Luther King Jr., John Howard Yoder, and Reinhold Niebuhr with an (...) uncommon generosity that allows for synthesis and opens up new potential for collective action. She challenges the Christian realists, witness theologians, and liberationists in contemporary Christian ethics to see overlap in their theologies, hear the questions that others bring to their work, and join together in bringing theology to the public square.This moment in politics and political theology seems to call for the kind of argument that Guth wants to make. Polarization in the academy mirrors that of the church and society, and potential for moving beyond it seems more elusive than ever.The key contribution of the book is shedding light on what is often overlooked in three key figures who continue to influence Christian ethics. At the "boundaries" or edges of their work, Guth retrieves Niebuhr's attention to ecclesiology as an essential part of his realist ethic; Yoder's willingness to learn from liberalism and translate theology for a diverse audience; and King's liberation theology of the streets, which enacted transcendence of the witness/realist divide.Equally significant is attention to overlooked feminist themes in all three thinkers. Guth argues that Yoder has the most developed feminist theology (especially evident in unpublished memos, 138–40), whereas King and Niebuhr, though often rightly criticized by feminist thinkers, have in their writings and sermons significant overlap with central feminist themes. By reading King and Niebuhr alongside feminist thinkers, we can begin to see King's "'feminist' and 'womanist' politics of love," which inspires a view of "churches as potential sites of divine creation" (183), and Niebuhr's call for the church to "confess its complicity with the world" for its failures, which coheres with feminist insistence that the church must "confess its complicity in women's [End Page 196] oppression" (111). In retrieving feminist themes, Guth offers a corrective to political theology's frequent lack of attention to sexism.Guth is careful to note that, in their personal lives, all three theologians failed to live up to their professed concern for gender justice. Despite this qualification, it is particularly difficult to read of Yoder's professed feminism in light of the overwhelming allegations of sexual abuse against him by over one hundred women. His perverse theological justification of the abuse and the ongoing tension among Christian ethicists about how to respond compound the problem. In 2017, SCE members held a prayer service to honor the testimony of Yoder's victims and to address the SCE's complicity in the harm done by him. Guth's response is that it is now even more important to correct misperceptions and uphold feminist themes in Yoder's work. However, it seems all but impossible to redeem his thought in this area. Yoder justified his abuse by melding together themes from scripture and liberalism. In light of what we know now, his justification of "revolutionary subordination" (even in the 1994 version of Politics of Jesus) is even more troubling. In these times, silence about Yoder may be the more appropriate way to honor his victims.Still, Guth's emphasis on intellectual charity, her articulation of the desire for beloved community as essential to the ethicist's task, and her willingness to risk standing at the boundary in order to illuminate the common concerns of those who see themselves as opponents are great gifts to Christian ethics. By complicating the reader's location of Yoder, Niebhur, and King, Guth makes a strong case that ethicists can form a better "community of argument" (190). In a course on social ethics, or in public or political theology, reading Guth would provide a way for students to synthesize the contributions of key thinkers, grapple with both personal and theoretical limitations, and think creatively about how to do their work with generosity and humility.Julie... (shrink)

According to Margaret Cavendish the entire natural world is essentially rational such that everything thinks in some way or another. In this paper, I examine why Cavendish would believe that the natural world is ubiquitously rational, arguing against the usual account, which holds that she does so in order to account for the orderly production of very complex phenomena (e.g. living beings) given the limits of the mechanical philosophy. Rather, I argue, she attributes ubiquitous rationality to the natural world in (...) order to ground a theory of the ubiquitous freedom of nature, which in turn accounts for both the world's orderly and disorderly behavior. (shrink)

Over 700,000 copies of the original hardcover and paperback editions of this stunningly popular book have been sold. Karen Armstrong's superbly readable exploration of how the three dominant monotheistic religions of the world—Judaism, Christianity, and Islam—have shaped and altered the conception of God is a tour de force. One of Britain's foremost commentators on religious affairs, Armstrong traces the history of how men and women have perceived and experienced God, from the time of Abraham to the present. From classical (...) philosophy and medieval mysticism to the Reformation, the Enlightenment, and the modern age of skepticism, Armstrong performs the near miracle of distilling the intellectual history of monotheism into one compelling volume. (shrink)

A theoretical physicist and feminist theorist, Karen Barad elaborates her theory of agential realism, a schema that is at once a new epistemology, ontology, and ethics.

Between 1653 and 1655 Margaret Cavendish makes a radical transition in her theory of matter, rejecting her earlier atomism in favour of an infinitely-extended and infinitely-divisible material plenum, with matter being ubiquitously self-moving, sensing, and rational. It is unclear, however, if Cavendish can actually dispense of atomism. One of her arguments against atomism, for example, depends upon the created world being harmonious and orderly, a premise Cavendish herself repeatedly undermines by noting nature’s many disorders. I argue that her supposed difficulties (...) with atomism expose a deeper tension in her work between two fundamental metaphysical commitments each of which has substantial philosophical support: her monist theory of the material world (which maintains that there exists just one natural substance which is the single principal cause) and her occasional theory of causation (which requires multiple finite principal causes in nature -- causes that might be considered individual substances). Her monism undermines atomism while her theory of occasional cause seems to rest on a conception of nature that would be especially friendly to atomism. I argue further that we can solve this tension within a Cavendishian framework in such a way as to preserve her theory of causation and her monism, but that this solution depends upon our taking her monism in a particular (and weak) form. I finally note that we can best make sense of her unique and interesting form of monism by acknowledging her social-political motivations in addition to her motivations in natural philosophy. (shrink)

We frequently speak of certain things or phenomena being built out of or based in others. Making Things Up concerns these relations, which connect more fundamental things to less fundamental things: Karen Bennett calls these 'building relations'. She aims to illuminate what it means to say that one thing is more fundamental than another.

Recently much has been made of the grounding relation, and of the idea that it is intimately tied to fundamentality. If A grounds B, then A is more fundamental than B (though not vice versa ), and A is ungrounded if and only if it is fundamental full stop—absolutely fundamental. But here is a puzzle: is grounding itself absolutely fundamental?

In the ninth century BCE, the peoples of four distinct regions of the civilized world created the religious and philosophical traditions that have continued to nourish humanity to the present day: Confucianism and Daoism in China, Hinduism and Buddhism in India, monotheism in Israel, and philosophical rationalism in Greece. Later generations further developed these initial insights, but we have never grown beyond them. Rabbinic Judaism, Christianity, and Islam, for example, were all secondary flowerings of the original Israelite vision. Now, in (...) The Great Transformation , Karen Armstrong reveals how the sages of this pivotal “Axial Age” can speak clearly and helpfully to the violence and desperation that we experience in our own times. Armstrong traces the development of the Axial Age chronologically, examining the contributions of such figures as the Buddha, Socrates, Confucius, Jeremiah, Ezekiel, the mystics of the Upanishads, Mencius, and Euripides. All of the Axial Age faiths began in principled and visceral recoil from the unprecedented violence of their time. Despite some differences of emphasis, there was a remarkable consensus in their call for an abandonment of selfishness and a spirituality of compassion. With regard to dealing with fear, despair, hatred, rage, and violence, the Axial sages gave their people and give us, Armstrong says, two important pieces of advice: first there must be personal responsibility and self-criticism, and it must be followed by practical, effective action. In her introduction and concluding chapter, Armstrong urges us to consider how these spiritualities challenge the way we are religious today. In our various institutions, we sometimes seem to be attempting to create exactly the kind of religion that Axial sages and prophets had hoped to eliminate. We often equate faith with doctrinal conformity, but the traditions of the Axial Age were not about dogma. All insisted on the primacy of compassion even in the midst of suffering. In each Axial Age case, a disciplined revulsion from violence and hatred proved to be the major catalyst of spiritual change. (shrink)

A variety of relations widely invoked by philosophers—composition, constitution, realization, micro-basing, emergence, and many others—are species of what I call ‘building relations’. I argue that they are conceptually intertwined, articulate what it takes for a relation to count as a building relation, and argue that—contra appearances—it is an open possibility that these relations are all determinates of a common determinable, or even that there is really only one building relation.

In this paper I describe and defend an account of virtuous motivation that differs from what we might call ordinary moral motivation. It is possible to be morally motivated without being virtuously motivated. In the first half of the essay, I explore different senses of moral motivation and the philosophical puzzles and problems it poses. In the second half, I give an account of virtuous motivation that, unlike ordinary moral motivation, requires the motivational structure characteristic of a fully virtuous person. (...) I draw on Aristotle's account of virtuous action to argue that a fully virtuous agent's judgment reflects a robust form of moral knowledge about what features of an action render it virtuous and hence, choiceworthy. Virtuously motivated actions are chosen in light of those features and are accompanied by the affective state appropriate to the overall moral landscape in which the judgment is made. (shrink)