Is there something special about group rights? Many would say "yes". For some, only certain kinds of groups---ones that are oppressed, or play a special role in well-being---may have rights. For others, the kind of group is not as important as the group's culture and internal structure. At the very least, many argue, group rights ought to be more restricted than individualistic ones. For these reasons, arguing the merits of a (...) class='Hi'>group right is often thought to require a theory of groups or of group identity. If only certain kinds of groups may have rights then one has to identify the roles that various groups and/or identities play in personal well-being. If a group's culture or internal structure must meet certain standards then one must develop a theory of how culture or the internal organization of a minority influences people. ;I argue that it is a mistake to think that arguing a group right requires a theory of groups. This mistake reflects a tendency to think about group membership as a kind of good and to focus on its internal, psychological significance. But if one thinks about group membership as a vehicle of action, and focuses on the concrete effects it may have, it becomes apparent that arguing for a group right does not require a theory of groups, group identity or culture. For in the end, the issues that one must address in arguing a group rights are issues about groups. Rather, they are issues about political and moral authority, and about the extent to which moral and political norms ought to recognize and reinforce the ways that people depend upon one another. These are important issues and they raise pressing questions for political philosophy. But they are not about groups. (shrink)

Meet the Sorbs. They are a Slavic people in Germany who number around sixty thousand. They are not mistreated or oppressed by the German government. They live in two German states, but they are interspersed with other Germans. Do the Sorbs deserve special, group rights to help maintain their culture? The recent arguments of many theorists suggest that they do. Iris Marion Young has recently argued that all marginalized groups should have group rights. Avishai Margalit (...) and Moshe Halbertal maintain that all cultural groups have certain rights. Will Kymlicka suggests that all ‘societal cultures’ have group rights, which might include the Sorbs. (shrink)

This article analyzes how the development of the European Union (EU) fundamental rights policy feeds Euroscepticism—and notably political Euroscepticism—within segments of national political elites in EU Member States. More specifically, it argues that this relatively new policy also gives rise to a new form of political Euroscepticism, which has been defined as “value-based Euroscepticism,” e.g., the perception that the EU via its fundamental rights policy, unduly interferes in matters where value systems and core domestic preferences on ethical issues (...) are at stake. This happens in a context where the EU is resented, by some segments of political elites, for allegedly empowering diverse groups (such as ethnic minorities, immigrants' associations, judges, and so on) at the expense of popular sovereignty. This resentment is exacerbated by the fact that national governments are increasingly submitted to the critical assessment of EU-level actors (e.g., the European Parliament or the European Commission) in terms of democratic credentials. (shrink)

Linda Krieger's paper in this volume relies on the concepts of "equal" and "special" rights, and I focus my attention upon the bivalent view of equality which justifies the creation of special rights. Krieger argues, I point out, that equality of effect is a fundamentally more just consideration than equality of treatment, and special rights allow disadvantaged groups to achieve this equality of effect.

This article analyzes how the development of the European Union fundamental rights policy feeds Euroscepticism—and notably political Euroscepticism—within segments of national political elites in EU Member States. More specifically, it argues that this relatively new policy also gives rise to a new form of political Euroscepticism, which has been defined as “value-based Euroscepticism,” e.g., the perception that the EU via its fundamental rights policy, unduly interferes in matters where value systems and core domestic preferences on ethical issues are (...) at stake. This happens in a context where the EU is resented, by some segments of political elites, for allegedly empowering diverse groups at the expense of popular sovereignty. This resentment is exacerbated by the fact that national governments are increasingly submitted to the critical assessment of EU-level actors in terms of democratic credentials. (shrink)

Cerebral lateralization is associated with differences in brain organization and handedness is seen as its main marker. In order to verify the hypothesis that differences in brain organization tend to be associated with different patterns of interests and abilities, 379 normal left-handed subjects (221 women, aged 18 – 72 years) and 366 normal right-handed subjects (256 women, aged 18 – 72 years) were interviewed about their interests and special abilities. The following interests and special abilities were studied: singing, (...) playing an instrument, dancing, painting, acting, foreign language skills, sports skills, and writing poetry.The results in the left-handers group showed that there is a significantly higher percentage of subjects with a pronounced interest in playing an instrument. In the group of right-handers, the study demonstrated a significantly higher percentage of subjects specifically interested in learning foreign languages. With respect to the abilities, a significantly higher incidence of participants with vocal, instrumental, sports, and foreign language skills was found in the left-handers’ group. Differences in functional cerebral organization between left- and right-handers were suggested as possible explanation for the relationship of handedness with special abilities. (shrink)

'This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter - for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers' arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.' - Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on (...) the right to food. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. (...) Lukas Meyer investigates the applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

While in recent years new charters and government actions have boosted the collective and individual rights enjoyed by “Fourth-World” indigenous peoples such as the Inuit, another set of indigenous peoples has not experienced such protection: “self-delimiting” peoples. Their rights go largely unprotected because of deliberate ambiguities in the word “indigenous”; because these peoples generally avoid all contact with the larger society, and so are unknown by it and have no voice in it; and because charters and institutions generally (...) require validation of an indigenous people as bona fide—such as a history of contact and of evident land occupation—in order for the group to enjoy full rights protections. Both practice and theory may militate against the extension of full protection. This paper argues that theory, institutions building upon it, and practice realizable from theory and institutions must be reconsidered in terms of the particular circumstances and needs of these peoples if their rights are to be fully respected and maintained. Clear, special protection for these peoples’ rights to their culture must be established. (shrink)

The essays in Part III of the book, on liberal constraints and traditionalist education, argue for a more regulatory conception of liberal education and emphasize the need for some controls over cultural and religious educational authority. In the last chapter, on liberalism and group rights, according to Stephen Macedo, while the commitment of liberalism to individual freedom and equality is far more easily reconciled with group-based remedies for group-based inequalities than the critics of liberalism allow, the (...) liberal commitment to freedom of association imposes limits on group recognition by insisting on intragroup openness and diversity. The chapter has two main parts. Section 15.1, Liberalism, Education, and Group Identities, rebuts the charge that a liberal public philosophy embraces a narrow individualism that is incompatible with tackling group-based forms of inequality, and surveys some of the myriad liberal reforms of the 1950s, 1960s, and 1970s that promoted more equal respect for differing group identities, especially in schools. Section 15.2, Special Exemptions and the Rights of Traditional Communities, focuses on the difficulties raised by “traditionalistic” groups that seek special accommodations in part because they reject liberal values of equal freedom for all, and makes the point that a liberal regime should not seek to be equally hospitable or accommodating to groups that accept and those that reject educational policies designed to promote the equal freedom of all persons; various examples are presented and discussed. (shrink)

This paper examines the position of international human rights law towards missionary or proselytizing activities with a special focus on the American context. By evaluating UN legal acts such as the 1948 Universal Declaration of Human Rights, the 1960 Arcot Krishnaswami Study and the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the American Convention of Human Rights, it investigates the extent to which such activities fall (...) within the scope of the right to free speech and to freedom of religion for religious organizations. This is exemplified by looking at two Evangelical religious organizations founded for the purpose of luring away groups of believers from their original religious communities: “Mission to Amish People”, targeting the Amish People, and “Jews for Jesus”, aimed at the Jewish community. The clash of one religious community which considers mission a fundamental element of its religion with a religious community who is highly skeptical about mission constitute the extreme test case of the right to free speech and to corporate freedom of religion. Given the highly various importance which mission can play in different religions, the article suggests to solve each case individually by carefully examining the content of each religious doctrine. (shrink)

The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory (...) of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part, I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: that having culture is an essential part of individual autonomy; that people have morally significant interests qua members of particular cultures; and that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that is correct, I argue that both and are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part, I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

Background: The conditions of the emergency create an unprecedented, but legitimate approach, when the rights and freedoms of the individual can be limited in the public interest. From the first days of the pandemic, a special social group of the population began to stand out, with the code name "65+". Aim: to give an ethical assessment of the attitude of society to the population group "65+", to show the contradiction between medical and bioethical approaches to the (...) criteria for selecting a group. Materials and methods: The review of fundamental and modern works in the problem field was carried out. The empirical basis of the work was the materials of a sociological survey using Google forms. Results: According to the analysis of statistical indicators of employment in the Russia before the pandemic, the share of employees aged 60–64 years was 32,4 %, in the range of 65–69 years – 13,7% of the size of the age group, which indicates the high social activity of the 65+ group and demonstrates the labor potential of the group. At the same time, anti-epidemic measures related to restrictions on labor and social activity primarily affected this group, which led to stigmatization based on the age criterion. The long-term confrontation with the pandemic has weakened the psychological tactics of treating older patients that have not been fully developed in the national health care, based on the ethics of care. A survey of medical students conducted in March 2021 showed that the majority of respondents viewed restrictions as unacceptable discrimination. Conclusion: The review of updated research and the analysis of the current situation have shown that the phenomenon of the aging of the nation and the vulnerability of the older age group of the population to a new coronavirus infection have led to a contradiction in approaches to the considered age group from the standpoint of medicine and bioethics. The inherently humane measure of protection for a group that is especially vulnerable in terms of medical indicators began to be perceived by the society as a reason for stigmatization. The solution to the dilemma is possible in the context of the convergence of medical and human sciences in the interdisciplinary problem field of gerontology and geriatrics. (shrink)

This article examines the issues raised by recent legislation proscribing incitement to religious hatred. In particular, it examines how far arguments for prohibiting racist hate speech apply also to the prohibition of religious hate speech. It identifies a number of significant differences between race and religion. It also examines several questions raised by the prohibition of religious hate speech, including the meaning and scope of religious identity, why that identity should receive special protection, and whether protection should be directed (...) to religious groups as groups or to their individual members. The central argument of the article is that the distinction between protecting religious groups from vilification and protecting their beliefs and practices from criticism—a distinction on which the British Government placed great emphasis in defending its legislation—is unsustainable. That conclusion is supported by the reasoning of the European Court of Human Rights in cases in which it has upheld the curtailing of freedom of expression for the sake of protecting religion. (shrink)

We study type-definable subgroups of small index in definable groups, and the structure on the quotient, in first order structures. We raise some conjectures in the case where the ambient structure is o-minimal. The gist is that in this o-minimal case, any definable group G should have a smallest type-definable subgroup of bounded index, and that the quotient, when equipped with the logic topology, should be a compact Lie group of the "right" dimension. I give positive answers to (...) the conjectures in the special cases when G is 1-dimensional, and when G is definably simple. (shrink)

Among the more significant developments of the twentieth century, the widespread attention given to 'rights issues' must surely justify ranking it somewhere near the top. Never before has the issue of rights attracted such a wide audience or stirred so much controversy. Until very recently 'rights' were traditionally recognized as attributable only to humans. Today, we increasingly are hearing a call to extend 'rights' to the nonhuman animal and, on occasion, to the environment. In this book, (...) James B. Reichmann, S.J., undertakes an investigation of the metaethical grounds of 'rights' theory, with special focus on the controversial issue of whether creatures other than humans can and should be considered true subjects of 'rights.' He contends that before assigning rights to this or that individual or group, whether human or not, we need to be very clear about what it is we are assigning, to whom, and why. The book argues forcefully that the various recent efforts to build a case supporting animal and environmental 'rights' fail in their quest, and that any such effort resting on a Darwinian evolutionary base is likewise condemned to fail. In furtherance of this claim the author first investigates life phenomena, followed by a detailed comparative study of knowing, communicating and doing, as these are observed in the human and the nonhuman animal. This in turn is followed by an overview of diverse views advanced by contemporary environmental ethicists and animal 'rights' advocates, including Peter Singer, Tom Regan, J. Baird Callicott, Laura Westra, and Don E. Marietta, Jr. Representative though doubtless provocative conclusions drawn from this study include the claims that: (1) Classic Darwinian theory provides no admissable premise from which to derive a theory of inherent, inalienable rights. (2) No satisfactory explanation of the origin of rights and obligation can derive save from within the context of natural law theory. (3) The human person alone unqualifiedly possesses rights. (4) The view that vegetarianism is an ethical mandate is neither compatible with the Christian world view, nor philosophically sound. ABOUT THE AUTHOR: James B. Reichmann, S.J., is professor emeritus of philosophy at Seattle University where he continues to teach. (shrink)

Special Relativity can be based on the whole proper group of both ortho- and antichronous Lorentz transformations, and a clear physical meaning can be given also to antichronous (i.e., nonorthochronous) Lorentz transformations. From the active point of view, the latter requires existence, for any particle, of its antiparticle within a purely relativistic, classical context. From the passive point of view, they give rise to frames “dual” to the ordinary ones, whose properties—here briefly discussed—are linked with the fact that (...) in relativity it is impossible to teach another, far observer (by transmitting only instructions, and no physical objects) our own conventions about the choices right/left, matter/antimatter, and positive/negative time direction. Interesting considerations follow, in particular, by considering—as it is the case—theCPT operation as an actual (even if antichronous) Lorentz transformation. (shrink)

After years of progress in terms of gender and sexual rights, since 2012 Europe is facing a so-called gender backlash – opposition directed to issues related to reproductive policies and abortion, violence against women, lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) rights and gay marriages, gender mainstreaming and sex education at schools as well as antidiscrimination policies. In this article, firstly, by taking the anti-gender developments as point of reference, I examine the emergence of anti-gender movement in (...) Europe via the use of what I call troll science. Troll science is based on (distorted) scientific arguments moulded into populist discourse, creating an alternative narrative on the conceptions of gender equality. Similar to troll accounts posting provocative, superfluous and even off-topic messages on social media to start arguments and quarrels aiming to distract, troll science, I argue, creates an alternative narrative opposing the scientific facts and discourses (i.e. climate change, evolution, vaccination and gender theory). Later, I discuss the emerging conservative troll-scientific discourses and the gendered public normative order of Adalet ve Kalkinma Partisi (AKP; Justice and Development Party) government, under the New Turkey. I previously argued that New Turkey and the society under the party’s rule perpetuated by a new set of standards create an alternative narrative on the conceptions of gender equality through troll-science narratives. I concluded by showing how such ideological discourses help create emotional echo chambers – enabling its fast distribution and acceptance by the ideologically conservative groups. Contribution: This paper contributes to the Special Collection Gender Justice, Health and Human Development with the theory of troll-science it introduces to discuss the alternative and anti-gender scientific discourse that is dominating academia. (shrink)

In social and political philosophy, linguistic differences are usually seen as one item in the long and indefinite list of Cultural Differences; consequently, language rights are discussed and criticized together with other cultural rights. In this essay, it is argued that a right to use one's own language can be justified by appeal to the practical role of language in human life. The ability to communicate effectively is essential for human autonomy and well-being; thus there is no need (...) to argue that linguistic groups, as groups, are entitled to special treatment, or that language rights are group rights. Because learning a new language is invariably a costly matter, by recognizing some languages as official languages the state (re)distributes burdens and benefits among its citizens. The task of language rights is to guarantee that these burdens are not distributed in a too unequal way. (shrink)

This manual is designed to provide teaching modules on medical ethics for health care professionals in developing countries. The author acknowledges that, although there are common themes, their medical ethical dilemmas are often quite different from those which occur in developed countries and the approach needs to be somewhat less Western in orientation. Emphasis is properly given to topics such as AIDS/HIV and the status of women and children which create special local problems. Although universal principles of medical ethics (...) are affirmed, care is taken to avoid the trap of imposing “our” views and solutions on “their” situations. As a teaching aid the manual is well constructed, starting with the enunciation of general principles, followed by comment and a series …. (shrink)

Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. It provides a novel approach to issues of identity politics, group rights, and racial identity, one which combines and develops the insights of contemporary critical theory and race theory, and will thus be of special interest to scholars in these (...) fields. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this (...) claim; on this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

Communitarians have alleged a connection between according specialrights to community groupings and preserving the indigenous cultureand the social cohesion of the original community. This paperconcentrates upon special group rights associated with land tenurenow maintained by Fijian Mataqali and traditional land owninggroups in Papua New Guinea. The first section of the paper assessesand compares the social consequences of each of these systems withspecial attention to the preservation of traditional culture.However, in the case of Fiji, it is undeniable that (...) the mataqaliland tenure system has given indigenous Fijians politicaladvantages over non-indigenous Fijians, most specifically theFijian Indians. Though special land rights can possibly bejustified on the grounds of cultural preservation, their existencedoes raise this further issue of fairness. Moral considerations basedupon the territorial sovereignty of indigenous nations, rather thancommunitarian arguments, may offer a more convincing justificationof the advantages of indigenous Fijians. (shrink)

Prevailing accounts of the relationship between rights and identity impose a false choice between conceptions of rights as the instrument of self-invention or the foil to collective virtue. This article proposes an alternative conception of rights as constitutive of social relations and aspects of individual identity. To do so, it draws on H. L. A. Hart's famous distinction between special and general rights, and it describes the exclusionary and inclusionary conditions under which these forms of (...) right constitute social groups and self-meaning. Further, it specifies a pure form of «constitutive right», overlooked in Hart's typology, but extant in modern liberal, pluralistic societies, that inherently differentiates among persons and so directly constitutes aspects of human identity. (shrink)

Allen Buchanan holds that nations do not have a general primary unilateral right to secede. However, nations could legitimately secede if there were a special right to do so, if it were the result of negotiations and, more importantly, if some previous injustice had to be repaired. According to Buchanan, the three kinds of injustice that allow for unilateral secession are: violation of human rights, unjust annexation of territories, and systematic violations of previous agreements on self-government. I agree (...) that nations only have a general remedial right to unilateral secession. But I argue that nations also have a general primary right to self-determination not held by other cultural groups. In virtue of this general primary right, nations also have a primary right to internal self-determination. I will then argue that the "past injustices" should include a failure to comply with internal self-determination. I also want to show that this alternative version of the Remedial Right Only theory meets the constraints, imposed by Buchanan himself, upon any satisfactory institutionalization of the principles governing secession. In the end, it will appear that my own version fares much better than Buchanan's in meeting these constraints. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)

With a little help from British philosophers John Locke (1632–1704) and John Stuart Mill (1806–1873), the author believes people can recover from The Incredibles a treasure trove of ideas that can help them think more clearly about tolerance, individual freedoms, and cultural conformity in their own world of incredible differences. On Mill's view, the “only purpose for which power can be rightfully exercised over” a member of society (against her will) “is to prevent harm to others”. If people follow Mill, (...) they have a reasonable but not overly restrictive principle for guiding human life and conduct. There is room to hold unpopular opinions, publish unpopular views, and belong to unpopular groups – even if society disapproves. These things are to be tolerated unless they have as their purpose harming others. But the PREFER principle will not give people that. (shrink)

Why are US labor unions so weak? Union decline has had important consequences for politics, inequality, and social policy. Common explanations cite employment shifts, public opinion, labor laws, and differences in working class culture and organization. But comparing the United States with Canada challenges those explanations. After following US unionization rates for decades, Canadian rates diverged in the 1960s, and are now nearly three times higher. This divergence was due to different processes of working class political incorporation. In the United (...) States, labor was incorporated as an interest group into a labor regime governed by a pluralist idea. In Canada, labor was incorporated as a class representative into a labor regime governed by a class idea. This led to a relatively stronger Canadian labor regime that better held employers in check and protected workers’ collective bargaining rights. As a result, union density stabilized in Canada while plummeting in the United States. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of (...) self-defense are both justified and constrained by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

Violence suffered by children is a violation of human rights and a global health problem. Children with disabilities are especially vulnerable to violence in the school environment, which has a negative impact on their well-being and health. Students with disabilities educated in special schools have, in addition, more reduced experiences of interaction that may reduce both their opportunities for learning and for building protective social networks of support. This study analyses the transference of evidence-based actions to prevent violence (...) in schools – the dialogic model of prevention and resolution of conflicts (DMPRC) – in the context of a special school, and its impact on the reduction of violence, the creation of egalitarian relationships, and the prevention of bullying. A case study with a communicative approach was conducted including in-depth interviews and communicative focus groups with the diverse participants to analyze the process of transformation carried out in the school and the main actions that give students a voice in the management and creation of egalitarian non-violent relationships. The results show that the inclusion of the students’ voices in the resolution and prevention of conflicts reduces violence, empowers special education students, strengthens friendship relationships, caring behavior, and active positioning among the community. The positive impact of the transference of the DMPRC to special schools contributes to students’ well-being and healthy development by offering safe and protective educational spaces and quality emotional education, also contributing to the achievement of the Sustainable Development Goals related to the elimination of all forms of violence in childhood. (shrink)

On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory (...) class='Hi'>rights, second, that groups can be seen as agents, albeit in a limited sense, and third, that groups can make irreducibly collective choices in spite of their limited agency. The upshot of this argument is that groups can have rights, provided that they are organized around a coherent decision-making procedure; furthermore, this account can be employed to argue that other creatures of limited agency are possible right-holders. (shrink)

7. The rights of immigrants: Joseph H. Carens.

This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, (...) the capacity for voice and exit cannot be taken for granted, for community norms may be organized in ways that deny women any voice in its decision-making forums as well as the resources they would need to survive outside the community. This essay draws on research among the Gond, an indigenous community in India, to explore this debate. Given the strength of the forces within the community militating against women’s capacity for voice or exit, the question motivating our research is: Can external organizations make a difference? We explore the impacts of two external development organizations that sought to work with women within these communities in order to answer this question. (shrink)

This article argues against the view that affirmative action is wrong because it involves assigning group rights. First, affirmative action does not have to proceed by assigning rights at all. Second, there are, in fact, legitimate “group rights” both legal and moral; there are collective rights—which are exercised by groups—and membership rights—which are rights people have in virtue of group membership. Third, there are continuing harms that people suffer as blacks and (...) claims to remediation for these harms can fairly treat the (social) property of being black as tracking the victims of those harms. Affirmative action motivated in this way aims to respond to individual wrongs; wrongs that individuals suffer, as it happens, in virtue of their membership in groups. Finally, the main right we have when we are being considered for jobs and places at colleges is that we be treated according to procedures that are morally defensible. Morally acceptable procedures sometimes take account of the fact that a person is a member of a certain social group. (shrink)

Using sheaves of special groups, we show that a general local-global principle holds for every reduced special group whose associated space of orderings only has a finite number of accumulation points. We also compute the behaviour of the Boolean hull functor applied to sheaves of special groups.

Trust and corporation (extracts) / by F.W. Maitland -- Respublica Christiana -- by J.N. Figgis -- Society and state / by R.M. MacIver -- The discredited state / by E. Barker -- Conflicting social obligations / by G.D.H. Cole -- Community is a process / by M.P. Follett -- The eruption of the group / by E. Barker -- The masses in a representative democracy / by M. Oakeshott -- The atavism of social justice / by F.A. von Hayek (...) -- Collective entities and moral rights / by V. van Dyke -- Capitalism, citizenship and community / by S. Macedo -- Liberalism and the politicization of ethnicity / by W. Kymlicka -- Are there any cultural rights? / by C. Kukathas -- The civil society argument / by M. Walzer. (shrink)

This article examines the Stalin regime’s treatment of the ethnic Germans in the USSR during the 1940s as a case study in racial discrimination. After 1938, Soviet definitions of nationality became racialized. Systematic repression against certain nationalities in the USSR after this time clearly fit the definition of racial discrimination formulated by scholars in the post-war era. This article examines the separate and unequal institutions of the special settlement regime and labor army imposed upon the ethnic Germans in the (...) USSR during World War II in the context of race as a category constructed along lines of primordial and essentialist views of culture. It also compares the construction of racialized groups and the practice of racial discrimination in the USSR with South Africa during the apartheid era. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This study attempts an exposition of different perceptions of obligation to medical treatment that have emerged from the Islamic theological understanding and how they contribute to diversity of options and flexibility in clinical practice. Particularly, an attempt is made to formulate an Islamic perspective on ordinary and extraordinary means of medical treatment. This distinction is of practical significance in clinical practice, and its right understanding is also important to public funded healthcare authorities, guardians of the patients, health and life insurance (...) institutions, and employers who provide health care coverage to their employees. Not only these parties, but also lawyers and justice administration functionaries such as public prosecutors and judges are in need of understanding this distinction to deal with relevant litigations. The distinction could be made regarding terminally ill patients and non-terminally ill patients separately. The essential factors that matter in making the distinction between ordinary and extraordinary means of treatment are: (1) patient capacity (2) expert advice, and (3) nature of medication. Regarding terminally ill patients, medical treatment can become extraordinary because of (1) patient capacity and (2) nature of medication. In both these case the deciding condition applies: the expert advice taken from a group of physicians. In regards to non- terminally ill patients, extraordinary medical treatment includes three cases: (1) treatment that is known to be useless and futile, (2) treatment that endangers the life or cause more harm than what it removes, and (3) useful treatment, but the patient is unable to bear the cost. (shrink)

Pluralism is an essential feature of liberal democratic theory and practice and rests upon the fundamental value of tolerance. Today, commitment to various forms of constitutional representative democracy appears to be widespread, and globilization has diminished the political, economic, and cultural significance of borders to some degree. But concurrently, in a trend which seems to have accelerated since the end of the Cold War, there has been a marked increase in many areas around the world of conflict, tormoil, and violence (...) rooted in ethnic, religious, and regional identities. This trend, a sort of 21st century balkanization, is a serious threat to pluralism. This chapter defines pluralism and argues for its advantages. It also presents an argument against one influential approach to handling identity-based activities and claims, which advocates recognition of special group rights and privileges. The chapter concludes with the proposal of conditions conducive to the well-being and expansion of pluralism, and with suggestions for the kinds of public policies likely to foster such conditions. -/- . (shrink)

In this paper I argue that when states commit, assist, or culpably fail to prevent crimes against humanity against their own people, they should, subsequently, have primacy in prosecuting those crimes. They have a presumptive right (and duty) to punish perpetrators, and so a claim against third parties not to do so. In contrast to those who emphasise the importance of national sovereignty, I set out a victim-centred justification for this claim. I argue that victims of crimes against humanity, and (...) members of groups that have been targeted for these crimes, have a special interest in having their status as members of their political community re-affirmed. Punishment by their state of war-related crimes against them has the expressive function of re-affirming their status as equal members of their national community, and the state’s commitment to protecting their rights. I set out some reasons to think that this is valuable for victims and members of targeted groups. These interests, I argue, are weighty enough to ground the primacy of states in prosecution. (shrink)