No consensus yet exists on how to handle incidental fnd-ings in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are fndings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers (...) have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed. (shrink)

In “Racial Integration and the Problem of Relational Devaluation,” I argue that blacks should reject racial integration on self-protective and solidarity grounds. Integration will intensify the self-worth harms of stigmatization and phenotypic devaluation by leading blacks to more fully internalize their devaluation, and while the integrating process itself might reduce the former, it may well leave in place the latter. In this paper, I reply to the challenges to these arguments presented by Sharon Stanley, Andrew Valls, Elvira Basevich, Michael (...) Merry, and Ronald Sundstrom. (shrink)

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting twist, the tech (...) giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

The current chapter provides an overview of research on responses in moral dilemmas where maximization of outcomes for the greater good (utilitarianism) conflicts with adherence to moral norms (deontology). Expanding on a description of the traditional paradigm to study moral-dilemma judgments (i.e., the trolley problem), the chapter reviews the most prominent dual-process account of moral-dilemma judgments, normative conclusions that have been derived from this account, and criticisms raised against this line of work. The following sections review advances in the development (...) of alternative approaches that aim to address shortcomings of the traditional dilemma paradigm as well as the implications of this work for psychological theories of moral-dilemma judgments and philosophical inferences about the normative implications of moral-dilemma research. The chapter concludes with a review of research on the links between moral-dilemma judgments and social impressions. (shrink)

A feminist study of language and its rules argues that men have shaped it in order to instill their own prejudices and viewpoints on society, and shows how male-slanted language affects all women's lives.

The concept of non-domination is an important contribution to the study of freedom but it does not comprehend the whole of freedom. Insofar as domination requires a conscious capacity for control on the part of the dominant party, it fails to capture important threats to individual freedom that permeate many contemporary liberal democracies today. Much of the racism, sexism and other cultural biases that currently constrain the life-chances of members of subordinate groups in the USA are largely unconscious and unintentional, (...) and they do not always involve control. Although they constitute real barriers to freedom, these forms of influence are not accurately characterized as domination, and they will require different mechanisms to overcome them. To achieve the more capacious freedoms that liberal democracy promises, we will need to go beyond non-domination and to come to terms with the non-sovereign, socially distributed character of human agency. (shrink)

In this paper we challenge the idea that valid consent is the golden standard by which a sexual encounter is deemed ethical. We begin by reviewing the recent public focus on consent as an ethical standard, and then argue for a standard that goes beyond legalistic and contractual foci. This is the standard of mutuality which extends beyond the assurance that all parties engaging in a sexual encounter are informed, autonomous, and otherwise capable of making a valid choice: one must (...) also encounter the other with care and loving attention. We develop this claim using Iris Murdoch’s concept of an attitude of “loving attention,” which differentiates our view from the duty of due diligence to ensure that each person is a willing participant in sex, that the rights of others have not been violated, as emphasized by Dougherty. We also address three objections to using mutuality as a measure of ethical sex, namely that it is patronizing, that it is a maximalist position that puts too great a burden on individuals and inhibits their freedom, and that it is an ideal rather than a requirement. We then look at three examples that test the construct of mutuality: the typical college hook-up, sex work, and anonymous sex through glory holes and similar set-ups. (shrink)

This comprehensive, general introduction to Schelling's philosophy shows that it was Schelling who set the agenda for German idealism and defined the term of its characteristic problems.

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should acknowledge (...) that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

This paper examines what constitute the virtues of argumentation or critical thinking and how these virtues might be developed. We argue first that the notion of virtue is more appropriate for characterizing this aspect than the notion of dispositions commonly employed by critical thinking theorists and, further, that it is more illuminating to speak of the virtues of inquiry rather than of argumentation. Our central argument is that learning to think critically is a matter of learning to participate knowledgeably and (...) competently in the practice of inquiry in its various forms and contexts. Acquiring the virtues of inquiry arises through getting on the inside of the practice and coming to appreciate the goods inherent in the practice. (shrink)

Mark Greenberg has suggested that there is a ‘standard picture’ of how law works, according to which the contribution that a legal text makes to the content of the law is constituted by the meaning...

Women’s health activists laid the groundwork for passage of the law that created the U.S. Food and Drug Administration in 1906. The pharmaceutical and food industries fought regulatory reforms then and continue to do so now. We examine public health activism in the Progressive Era, the postwar era and the present day. The women’s health movement began in the 1960s, and criticized both the pharmaceutical industry and the medical establishment. In the 1990s, patient advocacy groups began accepting industry funds; thousands (...) of commercially-funded groups now dominate the advocacy landscape. As pharma funding became normalized, concerns arose regarding a) the lack of transparency and public accountability regarding funding, b) the distortion of groups’ agendas, and c) the ability of pharma-funded groups to dominate the discourse and override less well-resourced patient and health advocacy groups. Although industry-funded groups argue that funding allows them to provide useful services, the trade-off in health risks, exorbitant prices and distorted information is far too high. Sincerity is beside the point; patients and the industry have differing interests when it comes to drug safety and efficacy, drug information and drug prices. A growing resistance movement is asserting the values of its activist predecessors and opposing the prevailing culture of pharma-funded advocacy. (shrink)

There has been considerable recent debate regarding the possible epistemic benefits versus the potential risks of adversariality in argumentation. Nonetheless, this debate has rarely found its way into work on critical thinking theory and instruction. This paper focuses on the implications of the adversariality debate for teaching critical thinking. Is there a way to incorporate the benefits of adversarial argumentation while mitigating the problems? Our response is an approach based on dialectical inquiry which focuses on a confrontation of opposing views (...) within a collaborative framework. (shrink)

This book is comprised of a number of articles written by women on the impact of feminism on academic disciplines. Fundamental to feminism is the premise that women have been 'left out' of codified knowledge, so that the world has been explained in terms of men but not women. The contributors explore not only how this happened but why. They document, discipline by discipline, the gain that feminism has made in establishing alternative processes and alternative knowledge and the effect these (...) are having in modifying the academic curriculum. (shrink)

Data management raises a number of issues, both regulatory and non-regulatory. Researchers should understand how data are defined by their particular institutions and regulatory authorities. Data are the bases of scientific communication and provide a strong defense against allegations of scientific misconduct. Authorization is often necessary before collection of data can commence. Proper handling, retention, and storage of data, especially that involving humans, are crucial for the researcher. Data ownership by the institution leads to a responsibility by the institution to (...) educate all its researchers in responsible data management practices. (shrink)

This article explores the carnal dimensions of existence through ethnographic research in a mixed martial arts club. Mixed martial arts (MMA) is an emergent sport where competitors in a ring or cage utilize strikes (punches, kicks, elbows and knees) as well as submission techniques to defeat opponents. Through data gathered from in-depth interviews with MMA practitioners and participant observation in an MMA club, I elucidate the social processes that are integral to the production of an MMA fighter habitus. I examine (...) how body techniques are learned and become attached to the identity of mixed martial arts fighters. Using Crossley’s concept of reflexive body techniques, I examine how MMA fighters engage in body callusing through use of reflexive body techniques thereby allowing them to withstand the rigors of the sport. (shrink)

The aim of this paper is to throw light on Kierkegaard’s neglected distinction between love and its works, and by doing so to resolve the ambivalence in his position with regard to preferential love in Works of Love. In this text Kierkegaard seems to fail to reconcile his insistence on neighbourly love’s demand for equality and self-denial, with his wish to affirm the centrality of preferential love to human existence. My claim is that neighbourly love and preferential love are two (...) distinct works of love that share the double structure of faith. This paradoxical structure, presented and discussed by Kierkegaard in Fear and Trembling, allows the two loves to be realized together, without requiring any compromise regarding their respective demands. (shrink)

The duty to love one's neighbor as oneself is at the core of Kierkegaard's Works of Love . In this book, Kierkegaard unfolds the meaning of neighborly love and claims that it is the only valid form of true love. He contrasts between neighborly love and preferential love (which includes romantic love and friendship) and criticizes the latter for being nothing but a form of selfishness. However, in some contexts, Kierkegaard seems to acknowledge the significance of preferential love relationships, and (...) does not disallow them. Therefore, his understanding of preferential love appears to be confused and inconsistent. My essay discusses the tension in Kierkegaard's position regarding preferential love, and by presenting recent readings of Works of Love , it asks whether this tension is resolvable and offers a suggestion for a possible solution. (shrink)

Paul Edwards' October 1989 essay, ‘Heidegger's Quest for Being’ illustrates the wisdom of the dictum that the only legitimate criticism of a philosopher's position is a constructive criticism. His negative critique amounts to no more than expressions of distaste, dislike, and displeasure, and nothing of philosophical interest follows from his assertions, as the discourse is primarily an argument ad hominem . He grossly misinterprets Heidegger on some elemental and fundamental matters as well. In particular, he sorely misinterprets what he refers (...) to as the ‘Quest for Being’, which only further contributes to the objectionable character of the essay. (shrink)

Ronald Dworkin is one of the most important, and one of the most controversial, contemporary legal philosophers. This article elucidates the main aspects of Dworkin's theory of law, discussing both his key criticisms of legal positivism and his own positive views about law. The article also briefly examines some of the major controversies surrounding Dworkin's theory of law, such as the debates arising out of his right answer thesis and semantic sting argument.

The articles published in this issue of Ethical Perspectives all relate to the social and political consequences of phenomena such as uncertainty and anxiety. The biennial Multatuli Lecture, held in Leuven on May 12th, 2001, addressed this very theme. In her paper, “Anxiety and Uncertainty in Modern Society”, Mary Douglas, one of the keynote speakers at the conference, puts forward the view that certainty is only possible when uncertainty is held in check by some kind of institution. Citing examples from (...) her vast experience of various cultural systems, she argues that the loss of certainty in contemporary society, lamented by many, should hardly come as a surprise. Modern demography, technology and forms of labour have contributed to the decline of many traditional institutions, and increased the flexibility and open-endedness of our experience. Douglas realizes that a return to traditional forms of community, and hence greater certainty, is a chimera. She argues that we should rather examine our desire for greater certainty, and prepare ourselves to live with uncertainty, without regrets.In “Habit and History”, Robert Bellah recalls the distinction between elaborated and restricted speech codes — described by Mary Douglas in her book Natural Symbols — and employs it to interpret the contemporary tension between individual autonomy and social solidarity. For Bellah, the history of modernity is an account of the ever increasing dominance of personal freedom, elaborated speech codes and a critical spirit at the expense of ritual practices, loyalty to social institutions and the sense of community. He suggests that we will only succeed in building livable futures once we have given up the illusion of autonomy as something absolute. Instead of viewing elaborated code and restricted code as mutually exclusive, Bellah wishes to explore the possible complementarities between the two, while acknowledging that only the restricted code gives meaning to our lives.Any wish to eradicate the causes of anxiety takes it for granted that a society released from the throes of anxiety would be a desirable one. In his article, “Whistling in the Dark”, Rudi Visker questions this assumption, drawing on a tradition of thought that seeks to emphasize anxiety's revelatory function: anxiety, as Mary Douglas also pointed out, can teach us a valuable lesson about our situation, about the limitations human lives are subject to. Rather than a condition that is produced by identifiable causes, anxiety should be considered as something that is there from the start, and society's task would then be to give this ineradicable anxiety an acceptable outlet or structure.Many critics of modernity posit a close relationship between the decline of traditional meaning systems and the increasing discontent among certain groups within society. Recently, more empirical research is being carried out in order to ascertain whether such a relationship indeed exists. In their paper, “The Malaise of Limitlessness”, Mark Elchardus and Jessy Siongers present the results of an investigation into the influence of de-traditionalization on various indicators of social discontent and social well-being, among young people of secondary-school age in Belgium. Although the concept of a tradition, thus also `de-traditionalization', is notoriously difficult to pin down, Elchardus and Siongers find evidence to support the view that the modernization process, with its increased individual choice and greater self-reflection, has led to the loss of meaningful reference points, and that this, in turn, is associated with uncertainty and malaise. Interestingly, there is also evidence of a correlation between social malaise and various attitudes such as intolerance, authoritarianism and anti-democratic feelings.While the previous contributions hint at what might be called an ethical form of sublimation, where anxiety is contained and directed towards acceptable objectives, Duston Moore's article, “Revolutionary Eros”, raises the prospect of an explicitly political form of sublimation. In this wide-ranging commentary on Marcuse's masterwork, Eros and Civilization, Moore works out the far-reaching political and economic consequences of what at first sight would seem to be a matter for private individuals: desire and its repression by nature and culture . For Marcuse, the performance principle is only one among an entire field of alternate possibilities for directing surplus-repression. The full critical force of Marcuse's argument lies in the suggestion that there may be other ways, that surplus-repression might be transformed, thus leading to new kinds of social relations and new, as yet unimagined forms of labour. (shrink)

This article describes a model of DNA banking that incorporates appropriate consumer influence on the design and use of DNA data banks. This model values input of consumer stakeholders in key decisions, including contracts between donors, researchers and the bank.

Joshua Braun's (2007) analysis of narrative conventions in the media brings a much-needed gaze to a neglected area of scholarship in bioethics. Bioethicists often invoke public debate of contentiou...

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)