This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to (...) innovate was “responsible.” A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed “Right to Try” laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access. (shrink)

This article considers procedural justice in the law, with specific reference to the adjudicative context of governmental officials applying legal standards to particular cases. We critically survey the three main accounts of procedural justice in the literature: utilitarian, outcome‐based, and dignitarian. Utilitarian and outcome‐based theories share the instrumental view that the only purpose of procedures is to lead to accurate legal outcomes. However, the former are willing to trade off the benefits of accuracy against its costs, whereas the latter hold (...) that procedural rights are necessary to guard against the injustice caused when individuals' legal rights are mistakenly denied. Dignitarian theories maintain that process matters apart from outcomes, because procedures should show respect for individuals' dignity in the Kantian sense of rational agency. We present a new perspective, drawing on relational theory. Relational theory holds that we are social creatures whose self‐identities and sense of self‐respect are bound up with the quality of our relationships with other individuals, groups, and institutions. Our relational account is informed by empirical research in social psychology which has found that people's evaluation of procedures is substantially influenced by relational concerns. (shrink)

Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

This book is a contribution both to analytical philosophy of mind, and to Marxist philosophy. Marxists see pervasive irrationality in the conduct of human affairs, and claim that people in a class-divided society are prone to a variety of misconceptions. They say that we can suffer from "false consciousness" in our views about what inspires our behavior and in our judgments as to what is good for us. Meyerson uses the techniques of analytic philosophy to investigate this picture and (...) argues that Marxism is committed to the idea of motivated belief, and that the idea is philosophically defensible. She shows that there are other philosophically defensible claims which are congenial to Marxism: that there are facts about interests, that interests are not based on wants, that a desire can be contaminated by its history, that our judgments about our interests do not automatically motivate us, and that beliefs can survive the evidence that they are false. Meyerson throws light on puzzling psychological phenomena which confront everyone in their everyday political experience. (shrink)

Demands for access to experimental therapies are frequently framed in the language of rights. This article examines the justifiability of such demands in the specific context of surgical innovations, these being promising but non-validated and potentially risky departures from standard surgical practices. I argue that there is a right to access innovative surgery, drawing analogies with other generally accepted rights in medicine, such as the right not to be forcibly treated, to buy contraceptives, and to choose to have an abortion, (...) including a post-viability abortion where the mother's life or health is threatened by the pregnancy. I argue that we accept these rights because we believe that people are entitled to try to preserve their lives and health and to make choices of an important and intensely personal kind, and I suggest that a person's choice of medical treatment should be seen in the same light. However, since few rights are absolute, I also consider the circumstances in which it may be justifiable to limit the right to access innovative surgery. In discussing this question, I apply the human rights standard of proportionality, comparing the importance of the reasons for limiting the right with the severity of the invasion on liberty. (shrink)

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and (...) other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice. (shrink)

Australian bills of rights are confined to the protection of civil and political rights. Economic, social and cultural rights were deliberately excluded from their coverage. This article draws on United Kingdom, Canadian and South African judgments with the aim of showing that the equality guarantees contained in these instruments can nevertheless be used as a vehicle for socio-economic claims. It further argues that there are sound moral and philosophical reasons that justify this approach.

Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.

Jurisprudence is an accessible and engaging text that brings alive the key concepts of this complex and often difficult subject. Covering all the traditional schools of thought, Jurisprudence first examines the issues then discusses the responses of theorists and their competing positions so that readers can relate the theories to everyday situations. The text also tackles the fluid nature of the subject, helping readers to understand how jurisprudence is constantly being modified and refined by contemporary theorists.

The idea that the exercise of state power should be limited so as to permit free choice in matters of personal conduct has been central to liberalism ever since John Stuart Mill defended the harm principle. However, this surface agreement conceals deeper disagreements. One disputed matter relates to the nature of the tolerant state: is it a state that refrains from improving our moral character by coercive means is it a state that takes no interest whatsoever in the moral character (...) of our lives? A second matter relates to the philosophical justification of tolerance. Should it be justified by relying on distinctively liberal values, such as personal autonomy and self-determination? Or is a less controversial justification available — one that can be endorsed by non-liberals as well as liberals? This article explores these issues. It examines the views of Ronald Dworkin, John Rawls and Joseph Raz, arguing that Rawls?s version of liberalism provides both the best conception and the best justification of the liberal ideal of tolerance. (shrink)

Most bills of rights allow for the restriction of rights in the interests of the public. But how should courts decide when the public interest should prevail? This article draws on philosophical work on practical reasoning to argue against the popular view that courts should use a balancing test which weighs the consequences of protecting the right against the consequences of restricting it. It argues that there are good reasons to 'overprotect' rights: judges, in their reasoning, should assign more weight (...) to rights and less weight to the public interest than they would on an application of the balancing model. (shrink)

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. It will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

This study examines interactions in which students help each other with their learning during classroom instruction, forming groups in the process. From a conversation analytic perspective, helping is assumed to be a sequentially organized activity jointly accomplished by the participants. As an activity that proceeds alongside other ongoing classroom activities, helping can be conceived as part of a multiactivity that poses students with multi-faceted interactional and moral challenges. While previous research on helping in educational contexts has primarily focused on the (...) influence of helping on learning outcomes and social dynamics in helping interactions, the present study investigates how students cope with the intricacies of moral commitments inherent in helping as a concurrent activity. The aim of this paper is two-fold. First, we aim to elaborate on how students’ dual involvements – i.e., their involvement in classroom activities while simultaneously providing help – manifest in the ways in which groups are constituted, maintained, and dissolved. The analyses reveal that both the compatibility of helping with the activity already in progress as well as the students’ problem definition are consequential for the sequential and bodily-spatial unfolding of the help interaction, inducing different arrangements that constitute a continuum, at each end of which there is a dominant orientation toward the shared space of helping or toward the individual/collective space. Furthermore, from a methodological perspective, our study aims to demonstrate the extent to which multimodal interaction analysis is applicable when examining naturally occurring groups, in this case, in interactive processes of helping. The study is based on a data corpus that comprises video recordings of mathematics and German lessons from two fifth-grade classrooms. (shrink)

A new research area linked to ethics, virtues, and morality is servant leadership. Scholars are currently seeking publication outlets as critics debate whether this new leadership theory is significantly distinct, viable, and valuable for organizational success. The aim of this study was to identify empirical studies that explored servant leadership theory by engaging a sample population in order to assess and synthesize the mechanisms, outcomes, and impacts of servant leadership. Thus, we sought to provide an evidence-informed answer to how does (...) servant leadership work, and how can we apply it? We conducted a systematic literature review (SLR), a methodology adopted from the medical sciences to synthesize research in a systematic, transparent, and reproducible manner. A disciplined screening process resulted in a final sample population of 39 appropriate studies. The synthesis of these empirical studies revealed: (a) there is no consensus on the definition of servant leadership; (b) servant leadership theory is being investigated across a variety of contexts, cultures, and themes; (c) researchers are using multiple measures to explore servant leadership; and (d) servant leadership is a viable leadership theory that helps organizations and improves the well-being of followers. This study contributes to the development of servant leadership theory and practice. In addition, this study contributes to the methodology for conducting SLRs in the field of management, highlighting an effective method for mapping out thematically, and viewing holistically, new research topics. We conclude by offering suggestions for future research. (shrink)

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

An experiment was conducted to investigate the relative contributions of syntactic form and content to conditional reasoning. The content domain chosen was that of causation. Conditional statements that described causal relationships (if (cause>, then (effect>) were embedded in simple arguments whose entailments are governed by the rules -oftruth-functional logic (i.e., modus ponens, modus tollens, denying the antecedent, and affirming the consequent). The causal statements differed in terms ofthe number of alternative causes and disabling conditions that characterized the causal relationship. (A (...) disabling condition is an event that prevents an effect from occurring even though a relevant cause is present.) Subjects were required to judge whether or not each argument’s conclusion could be accepted. Judgments were found to vary systematically with the number of alternative causes and disabling conditions. Conclusions of arguments based on conditionals with few alternative causes or disabling conditionswerefoun~d:tobe-rnore accept~ able than cdnclusions based on those with many. (shrink)

This article explores the process and meaning of occupational mobility among a selected sample of 40 immigrant and nonimmigrant women of Mexican descent in the San Francisco Bay Area who entered the secondary labor market of semiskilled clerical, service, and operative jobs in 1978-1979 and 1980-1981. This labor market was segmented along race and gender lines with few promotional ladders available as the work force became more nonwhite and female. When Chicanas and Mexicanas obtained jobs with fewer Chicano coworkers and (...) greater avenues for advancement, they reported escalating conflictual social relations at work. Occupational mobility contained both objective and subjective dimensions for the respondents. Often a woman felt mobile in a job that lacked the means for advancement because she compared herself to a local Chicano or Mexicano working-class reference group and a self-concept rooted in her class, race, and gender. (shrink)

Dominance hierarchies are ubiquitous in the societies of human and non-human animals. Evidence from comparative, developmental, and cognitive psychological investigations is presented that show how social dominance hierarchies shaped the evolution of the human mind, and hence, human social institutions. It is argued that the pressures that arise from living in hierarchical social groups laid a foundation of fundamental concepts and cognitive strategies that are crucial to surviving in social dominance hierarchies. These include recognizing and reasoning transitively about dominance relations, (...) fast-track learning of social norms (permissions, prohibitions, and obligations), detecting violations of social norms (cheating), monitoring reciprocal obligations, and reading the intentions of others. (shrink)

Job burnout, organizational commitment, and work environment continue to be important areas of research to be studied in the realm of company employment and employee retention. Job burnout is the state of physical and emotional exhaustion and perceiving one’s profession as dull or overwhelming. Meanwhile, organizational commitment refers to the company’s attitude towards the organization and their employees, encompassing loyalty, moral responsibility, and their willingness to work. And lastly, work environment provides opportunities for employees to establish connections, develop skills, and (...) maximize their full potential in performing tasks. For the current study, researchers utilized descriptive-correlational research design to investigate the influence of Work Environment towards the job burnout and organizational commitment of BPO agents in selected companies in Bulacan, Philippines. Hence, Danish Psychosocial Work Environment Questionnaire (DPQ), Maslach Burnout Inventory - General Survey (MBI-GS), and the Three-Dimensional Model of Organizational Commitment Scale (ACS, NCS, CCS) were employed to properly assess the study's objectives. Multiple Linear Regression Analysis was performed to analyze the collected data. Based on the analysis, findings show that work environment has no significant influence on the job burnout and organizational commitment of BPO Agents. Furthermore, the results of this study were thoroughly evaluated, leading to an in-depth discussion. Based on the findings, recommendations were made to benefit the stakeholders of the study and contributeto the existing body of knowledge. (shrink)

Institutional Review Boards have expressed concern that research into sensitive topics such as mental disorder will cause participants undue distress. This study investigated the emotional responses of 5,220 Australians to a survey on mental-health-related discrimination. Participants were interviewed about their mental health and experiences of discrimination across 10 life domains and then the emotional impacts of the survey. Results suggested that a minority experienced a negative reaction in contrast to 88% reporting positive experiences. A mental health problem was associated with (...) both negative and positive reactions. (shrink)

Radical Feminism Today offers a timely and engaging account of exactly what feminism is, and what it is not. Author Denise Thompson questions much of what has come to be taken for granted as `feminism' and points to the limitations of implicitly defining feminism in terms of `women', `gender', `difference' or `race//gender//class'. She challenges some of the most widely accepted ideas about feminism and in doing so opens up a number of hitheto closed debates, allowing for the possibility of (...) moving those debates further. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.2 (2000) 88-112 [Access article in PDF] Milton's Aesthetics Of Eating Denise Gigante It is not a little curious that, with the exception of Ben Jonson (and he did not speak gravely about it so often), the poet in our own country who has written with the greatest gusto on the subject of eating is Milton. He omits none of the pleasures of the palate, great or (...) small. In his Latin poems, when young, he speaks of the pears and chestnuts which he used to roast at the fire with his friend Diodati. Junkets and other "country-messes" are not forgotten in his "Allegro." The simple Temptation in the Wilderness, "Command that these stones be made bread" (which was quite sufficient for a hunger that had fasted "forty days"), is turned, in Paradise Regained, with more poetry than propriety, into the set out of a great feast, containing every delicacy in and out of season. The very "names" of the viands, he says, were "exquisite." And in Paradise Lost, Eve is not only described as being skilful in paradisaical cookery ("tempering dulcet creams"), but the angel Raphael is invited to dinner, and helped by his entertainers to a series of tid-bits and contrasted relishes--Taste after taste, upheld with kindliest change. --Leigh Hunt, "Eating Songs" The title of an old play gives us a direct taste and surmise of its inwards, as the first lines of the Paradise Lost smack of the great Poem. --John Keats, "On 'Retribution, or the Chieftain's Daughter'" That Milton's Romantic readers should invoke the "taste" of his epic poetry suggests an awareness beyond the anecdotal. For as this essay will show, Milton complicates the category of physiological taste in such a manner as to form the ground for the possibility of aesthetic taste, which emerges as a distinct discourse in the early years of the eighteenth century. This is not to say that Milton is the only source for this dubious meaning-in-transition. But precisely how, prior to the interventions of Shaftesbury, Hutcheson, Hume, and the entire tradition of post-Miltonic theorists of taste, is one to read Adam's darkly sardonic postlapsarian remark: "Eve, now I see thou art exact of taste... And Palate call judicious" [PL IX.1017-20]? Critics have observed Milton's "ruthless and relentless pressure on 'taste,'" the fact that the word and its variants appear thirty times in Book IX of Paradise Lost alone [Ricks 69]. What I would like to suggest is that just as Milton is a seminal figure for the eighteenth-century aesthetic preoccupation with the sublime, 1 he is theoretically situated at the origins of the more generic thing called taste as well. [End Page 88]Of course Milton himself was aware of the epistemological implications of taste, whereby the Latin sapere can mean both "to taste" and "to know." 2 The fruit whose "mortal taste" was the source of all our woe did, after all, grow on the tree of knowledge, knowingly described by Satan as "precious of all Trees / In Paradise, of operation blest / To Sapience" [PL I.2, IX.795-97]. So too, when Adam calls Eve "exact of taste," he adds "of Sapience no small part" [PL IX.1018]. Throughout Paradise Lost and Paradise Regained, Milton plays with the epistemological connotation of taste, incorporating it even into the 1671 companion piece of the latter, Samson Agonistes, whose blind hero declares, "The way to know were not to see but taste" [1091]. At the time Milton was writing, however, taste was philosophically connected not only to knowledge and pleasure, but to morality as well. At the origins of the British empirical discourse of taste, Anthony Ashley Cooper, third Earl of Shaftesbury, inheriting this link between epistemology, aesthetics, and ethics, inquires: "Will it not be found... that what is beautiful is... true; and what is at once both beautiful and true is, of consequence, agreeable and good?" [2: 268-69]. For Milton as for Shaftesbury, the beautiful was the true was the good, and access to these ideals was bound up with the philosophic complexity... (shrink)

Over several articles, John McDowell sketches an analogy between virtue and perception, whereby the virtuous person sees situations in a distinctive way, a way that explains her virtuous behavior. Central to this view is his notion of silencing, a psychological phenomenon in which certain considerations fail to operate as reasons in a virtuous person's practical reasoning. Despite its influence on many prominent virtue ethicists, McDowell's ‘silencing view’ has been criticized as psychologically unrealistic. In this article, I defend a silencing view (...) of practical reasoning. I argue that the phenomenon of silencing has a narrower scope than is typically acknowledged. As a result, the view does not require the virtuous to be detached, unfeeling, or unpalatably stoic. Furthermore, I offer a psychologically plausible interpretation of McDowell's claim that the virtuous see situations in a distinctive sort of way. The salient fact at which the virtuous arrive in their view of a situation should be understood, I argue, in terms of subjective construal. (shrink)

In many eighteenth‐century agricultural texts, peasants were depicted as an impediment to agrarian improvement, superstitious and resistant to novelty. That was the stereotype one often encountered, in any case, in more programmatic writing about agriculture from this period. A closer look at the era's technical literature tells a more complicated story, however. Much as traveling European naturalists relied on local intermediaries in far corners of the globe, elite agricultural improvers back home relied on local rural knowledge as they drafted a (...) new technical literature on farming. This article looks at Jacob Guyer (also known as Kleinjogg), a Swiss farmer who became an enlightened celebrity after the Zurich doctor Hans Caspar Hirzel published a biography of him in 1761. Hirzel called Kleinjogg a “philosophical farmer”; the article explores the implications of this title, and examines the various ways that elite eighteenth‐century authors used contact with rural people and direct experience of farming as a source of authority. (shrink)

Women in corporate-government affairs are involved in work networks at all levels; yet, there are significant differences in the character of ties by gender. This article challenges claims that women's work connections are not instrumental, and hence not powerful, relative to men's. The author argues that, although limited, women are in key positions to influence business-government relations and their own situations.

In 2011, the Secretariat on Responsible Conduct of Research launched a set of educational opportunities to facilitate and enhance the dissemination of TCPS 2, the 2nd edition of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans, which guides Canadian research ethics. Three educational modalities were implemented to aid participants in developing or refining their ethical understanding and practice: Regional Workshops, which brought together diverse disciplinary perspectives; the CORE tutorial, which enabled individuals to discover the various aspects and applications (...) of the Policy; and Webinars, which provided participants with the opportunity to explore deeper dimensions of research ethics. This article reports on the findings of a national program evaluation team which measured the effectiveness of the educational program and provided recommendations for future opportunities. (shrink)