This paper explores how, at the 1875 Royal Commission on Vivisection, the anaesthetised animal was construed as a boundary object around which “cooperation without consensus” Computer supported cooperative work: cooperation or conflict? Springer, London, 1993) could form, serving the interests of both scientists and animals. Advocates of anaesthesia presented it as benevolently intervening between the scientific agent and animal patient. Such articulations of ‘ethical’ vivisection through anaesthesia were then mandated in the 1876 Cruelty to Animals Act, (...) and thus have had significant downstream effects on the regulation of laboratory animals in Britain and beyond. Constructing this ‘consensus’ around the anaesthetised animal, however, required first excluding abolitionists and inhumane scientists, and secondly limiting the interests of experimental animals to the avoidance of pain through anaesthesia and euthanasia, thereby circumventing the issue of their possible interest in future life. This consensus also served to secure the interests of vivisecting scientists and to limit the influence of public opinion in the laboratory to administrative procedure and scheduled inspection. The focus on anaesthesia was connected with discussions of what supporting infrastructures were required to ensure proper ethical procedure was carried out by scientists. In contrast to the much studied polarisation in British society between pro- and antivivisectionists after 1876, we understand the 1875 Commission as a conflict amongst scientists themselves, while also being an intra-class conflict amongst the ruling class. (shrink)

The debate about genetic modification (GM) can be seen as characteristic of our time. Environmental groups, in challenging GM, are also challenging modernist faith in progress, and science and technology. In this paper we use the case of New Zealand's Royal Commission on Genetic Modification to explore the application of science discourses as used by environmental groups. We do this by situating the debate in the framework of modernity, discussing the use of science by environmental groups, and deconstructing (...) the science discourses evident within environmental groups' submissions to the Commission. We find science being called into question by the very movement that has relied on it to fight environmental issues for many years. The environmental groups are challenging the traditional boundaries of science, for although they use science they also present it as a culturally embedded activity with no greater epistemological authority than other knowledge systems. Their discourses, like that of the other main actors in the GM debate, are thus part of the constant re-negotiation of the cultural construct of 'science'. (shrink)

The significance of political-economic context for scientific citizenship is argued through an analysis of New Zealand’s Royal Commission on Genetic Modification. My intention is not to provide an account of why the commission came to the decisions it did but to illustrate how the political-economic context and the culture of regulatory science both exacerbate public concerns about unacknowledged uncertainty and commercial influence and make it difficult for those concerns to influence the outcomes of public dialogues. The discursive (...) flexibility of science as alternately predictive and provisional silences concerns about uncertainty, while a further interpretive choice of science as the autonomous activities of individuals unconstrained by political-economic context occludes the nature of concerns about commercial influence. Rather than the increasingly prevalent focus on processes of engagement, I argue that it is essential that researchers in this area attend to how public dialogue is placed in relation to the cultures and structures of regulatory science and neoliberalism. (shrink)

The first task of the Royal Commission, in my view, is to decide what functions the House of Lords should perform. That will determine what powers it ought to have and how it should be constituted.

I thank Michael Symons and Dr Paul Rule for comments on this paper; and Channel 10’s Chris Kenny and Grant Heading for access to the uncut tape of Mr Kenny’s interview with Mr Milera.

Bryce, Ian The following are my personal observations based on several visits to public hearings of the Royal Commission into Institutional Responses to Child Sexual Abuse. I've also included media reports, and what I've learnt from contacts with interest groups. I recommend others sit in a public hearing for a day, to see the system in action.

This paper argues that while regulatory frameworks in aged care authorise restraints to protect vulnerable persons living with dementia from harm, they also serve as normalising practices to control challenging monstrous Others. This argument emerges out of an observed unease in aged care discourse where older people living with dementia are described as ‘vulnerable’, while dementia behaviours are described as ‘challenging’. Using narrative analysis on a case study from the Final Report of the Australian Royal Commission into Aged (...) Care Quality and Safety (RCAC), this paper investigates how the RCAC (re)produced constructions of persons with dementia as ‘vulnerable monsters’. Drawing upon monstrous theory about ‘unruly and leaky’ bodies, extracts from the case study reveal how the RCAC repeated and reinforced monstrous constructions of dementia. Dementia behaviours, particularly ‘wandering’, were constructed through a dehumanising crisis frame that produced ‘challenging’ bodies and legitimised ‘last resort’ normalising practices, such as physical and chemical restraints. In failing to resist monstrous constructions of dementia behaviours, the RCAC accepted and authorised a regime of scaled responses leading to restrictive practices for control of challenging bodies in aged care. Although dementia care and restrictive practices received substantial attention in the RCAC, this paper reveals a missed opportunity for deeper review of institutionalised use of restraints that has relevance for ongoing reform of Australian aged care following conclusion of the RCAC. (shrink)

This section is focused on some areas of concern which were identified in The Report of the Royal Commission into Commercial Activities of Government and Other Matters (1990–1992). In the Report a number of situations were examined in which some individuals acted without recourse to any ethical guidelines. Most of the people mentioned in the Report held responsible positions in either Government or the private sector, and all were very well known in the community. The Report of the (...) Royal Commission made a number of findings of serious impropriety on the part of several individuals, although there was comparatively little evidence of illegal or corrupt conduct. This section shows what happened to a governmental system in an Australian state when a number of Ministers and their advisors placed their personal or party advantage over their constitutional obligation to act in the community''s interests.Those who cannot remember the past are condemned to repeat it. (shrink)

ABSTRACTThis report on end‐of‐life decision‐making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.Chapter 1 reviews what is known about end‐of‐life care and opinions about assisted dying in Canada.Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.Chapter 4 reviews (...) the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying in some shape or form.Chapter 5 provides recommendations with regard to the provision of palliative care in Canada, as well as recommendations for reform with respect to the various forms of assisted death covered in this document. (shrink)

“Punishment,” writes J. E. McTaggart, “ is pain and to inflict pain on any person obviously [requires] justification.” But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, “The Ethics of Punishment.” She brings together systematically the important papers and (...) relevant studies from psychology, law, and literature, and organizes them under five subtopics: concepts of punishment, the justification of punishment, strict liability, the death penalty, and alternatives to punishment. Under these general headings forty-two papers are presented to give philosophical perspectives on punishment. Included are many not generally available. This book brings together in a single volume the views of such diverse writers as Plato, St. Thomas Aquinas, Samuel Butler, Karl Marx, and Lady Barbara Wooten. Others are J. Andenaes, K. G. Armstrong, John Austin, Kurt Baier, Jeremy Bentham, F. H. Bradley, Richard Brandt, Clarence Darrow, A. C. Ewing, Joel Feinberg, “The Hon. Mr. Gilpin,” H. L. A. Hart, G. W. F. Hegel, Thomas Hobbs, Immanuel Kant, J. D. Mabbott, H. J. McCloskey, J. E. McTaggart, R. Martinson, G. E. Moore, Herbert Morris, Anthony Quinton, D. Daiches Raphael, H. Rashdall, John Rawls, W. D. Ross, Royal Commission on Capital Punishment Report 1949–53, George Bernard Shaw, T. L. S. Sprigge, and R. Wasserstrom. (shrink)

We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various (...) bodies and obtaining expert advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

Recent studies have fruitfully examined the intersection between early modern science and visual culture by elucidating the functions of images in shaping and disseminating scientific knowledge. Given its rich archival sources, it is possible to extend this line of research in the case of the Royal Society to an examination of attitudes towards images as artifacts—manufactured objects worth commissioning, collecting, and studying. Drawing on existing scholarship and material from the Royal Society Archives, I discuss Fellows’ interests in prints, (...) drawings, varnishes, colorants, images made out of unusual materials, and methods of identifying the painter from a painting. Knowledge of production processes of images was important to members of the Royal Society, not only as connoisseurs and collectors, but also as those interested in a Baconian mastery of material processes, including a “history of trades.” Their antiquarian interests led to discussion of painters’ styles, and they gradually developed a visual memorial to an institution through portraits and other visual records. (shrink)

Canada's Royal Commission on New Reproductive Technologies rejects all forms of surrogacy arrangement under the rubric of objecting to commercial surrogacy. Noncommercial surrogacy arrangements, however, can be defended against the commission's objections. They can be viewed as cases of giving a benefit or service to another in a way that expresses benevolence, and establishes a relationship between surrogates and prospective 'social' parents that allows mutual understanding and reciprocal personal interaction between them.

Originally published in 1900 As well as being a history of Abbotsholme School this volume also examines the general question of the English national education at the turn of the last century. The material includes: The foundation of Abbotsholme, 1889 Answers to the Royal Commission on "Secondary" education, 1894 British, French, and German press reports on the progress of the school Planned schools on Abbotsholme lines in England, Germany, France, Russia and Switzerland.

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence (...) in police investigations and the concept of due process and pre-trial criminal justice. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence (...) in police investigations and the concept of due process and pre-trial criminal justice. (shrink)

What moral and spiritual resources do churches have to open space for transforming and making new relations with and among Aboriginal communities? What values best express justice and are cross-culturally appropriate? Who decides on the terms and how? When are moral agency and responsibility aptly configured within unevenly structured relations of power? With special attention to the United Church of Canada and to voices of Aboriginal and non-Aboriginal women, I explore elements of an ethical framework in dialogue with the (...) class='Hi'>Royal Commission on Aboriginal Peoples. The Commission suggests three roles that religious institutions can play: to foster awareness and understanding; to participate in public discussion; and to advocate at the local level in situations of conflict. On what grounds can each role be adequate in practice and what are some ingredients for ethical guidelines? I suggest what moral agenda and basis might confirm the claims of ecclesial potential. (shrink)

In recent years "British" Idealism has been subject to sweeping re-evaluation and rehabilitation. The essays collected here by Will Sweet compare Bernard Bosanquet's ideas and arguments with those of Idealists and non-Idealists alike, and establish that Bosanquet was far more clear-headed and insightful than denunciations of the "Idealist school" by Moore, Russell, C. D. Broad, Harold Prichard, and A. J. Ayer suggest. Sweet observes in his introduction that Bosanquet has long remained in the shadows of T. H. Green and F. (...) H. Bradley, that Bosanquet was a prolific writer who shaped philosophical debates across the English-speaking world for decades, and that estimations of his social theory and political philosophy, and to a lesser extent his metaphysics, have diverted attention from his contributions to logic and aesthetics.Essays by Sandra M. den Otter, Peter Nicholson, and Kevin Sullivan deal directly with Bosanquet's social philosophy. Bosanquet was engaged from the 1880s in work with the Charity Organisation Society, an association that set the tone of late Victorian and Edwardian debates over British poverty. He and his wife served on the Royal Commission on the Poor Laws , against whose majority statement—cautioning against such direct assistance to the poor as. (shrink)

Michel Foucault's concept of normalisation is taken as a basis to explore the factors involved in the identification of dull, deficient and backward pupils in British Elementary Education between 1870 and 1914. Normalisation consists of the five processes of comparison, differentiation, hierarchisation, homogenisation and exclusion. These processes operate through dividing practices which distribute groups socially and are supported in this work by scientific ideas. In this instance, the norm of the intellect is the basis of the dividing practices. The empirical (...) focus opens with an examination of the main features of Elementary education. It then moves to consider the deliberations of the Royal Commission on the Blind, Deaf and Dumb, etc and those of the Departmental Committee on Defective and Epileptic Children. The analysis concludes with a consideration of the consequences of the Elementary Education Act, 1899, and its effects up until 1914. (shrink)

Recent discussions of genetic information have highlighted the need for ethical disclosure guidelines. For instance, the (Canadian) Royal Commission on New Reproductive Technologies points out the range of third-party interests in genetic information and the lack of clear ethical and professional guidelines governing its dissemination. Among the more worrying interests are those of insurance companies and prospective employers. However, also worrisome is the problem of negotiating the first-party interest in privacy (from which the professional obligation of confidentiality arises) (...) and strong third-party claims from family members. The survey by Knoppers and Laberge of consent forms currently used in DNA testing in Canada shows that fewer than half mention access by family members, and only three out of 20 alert subjects to the possibility of finding nonpaternity. Both the Royal Commission and the Knoppers research group recommend integrated, national consent standards, with the Knoppers group explicitly approving a standard of disclosure. While endorsing the call for integrated consent guidelines, in this paper I intend to raise some doubts about the adequacy of the reasonable person standard in light of gender differences in reproductive burden and risk perception. (shrink)

The concept of social reproduction of sets of advantages and disadvantages together with that of status group, is used to explore the evidence and thinking presented in the Royal Commission on the Blind, the Deaf and Dumb, etc. regarding the education of children with disabilities in 1889. Even though the evidence was ambiguous, models for the education of children with disabilities were laid down. Integration into mainstream elementary schools was recommended for the blind. Recommendations for deaf children were (...) divided in allegiance with belief in the principles of either oralism or signing. The largest group numerically received the least attention in the Commission. The idea of feeble-minded children as a product of social, economic and educational circumstances had its champion but was overwhelmed by the acceptance of the doctrine of the innate characteristics of the child's mind identifiable by medical science. (shrink)

The concept of social reproduction of sets of advantages and disadvantages together with that of status group, is used to explore the evidence and thinking presented in the Royal Commission on the Blind, the Deaf and Dumb, etc. regarding the education of children with disabilities in 1889. Even though the evidence was ambiguous, models for the education of children with disabilities were laid down. Integration into mainstream elementary schools was recommended for the blind. Recommendations for deaf children were (...) divided in allegiance with belief in the principles of either oralism or signing. The largest group numerically received the least attention in the Commission. The idea of feeble-minded children as a product of social, economic and educational circumstances had its champion but was overwhelmed by the acceptance of the doctrine of the innate characteristics of the child's mind identifiable by medical science. (shrink)

Michel Foucault's concept of normalisation is taken as a basis to explore the factors involved in the identification of dull, deficient and backward pupils in British Elementary Education between 1870 and 1914. Normalisation consists of the five processes of comparison, differentiation, hierarchisation, homogenisation and exclusion. These processes operate through dividing practices which distribute groups socially and are supported in this work by scientific ideas. In this instance, the norm of the intellect is the basis of the dividing practices. The empirical (...) focus opens with an examination of the main features of Elementary education. It then moves to consider the deliberations of the Royal Commission on the Blind, Deaf and Dumb, etc and those of the Departmental Committee on Defective and Epileptic Children. The analysis concludes with a consideration of the consequences of the Elementary Education Act, 1899, and its effects up until 1914. (shrink)

This article situates the (human) body as a signifier for society at large, arguing that developments in many societies of structural and systematic violence that targets minorities such as refugees and first nation peoples, points to a failure of democratic values. Using two examples, we elaborate technology and digital devices as prosthesis of the body, that are also acting as proxy for state violence. The first example is from the carceral archipelago of Manus Island as a site of remote detention (...) of refugees carried out by the Australian government. Refugees held on Manus Island describe the treatment they experience as torture. The second example is drawn from the Australian mainland, telling the stories of First Nations children subjected to abuse and violence in juvenile detention centers. A judicial inquiry (Royal Commission) found that a systematic approach aimed at punishing children constituted torture. The concepts developed in this article are those of bordering and racialization, while the intertwining of human and “more than human life” helps to understand and challenge the necropolitical power evident in (liberal) capitalism. (shrink)

The Australian Royal Commission into Aged Care Quality and Safety acknowledged understaffing and substandard care in residential aged care and home care services, and recommendations were made that that the Australian Government should promote assistive technology within aged care. Robotic care assistants can provide care and companionship for the elderly—both in their own homes and within health and aged care institutions. Although more research is required into their use, studies indicate benefits, including enabling the elderly to live independently (...) at home, assistance with medication and monitoring of safety. Nevertheless, there are inherent ethical challenges in the use of robots as carers, including loss of privacy, unwarranted restrictions on autonomy, lack of dignity, deception, and the exacerbation of loneliness. Ethics by design can counter these issues in development of robotics and clinical ethics committees have been put forward as a way of dealing with the ethical use of robotic care in healthcare institutions. In this paper I outline the ethical challenges of robotic care assistants and how these may be mediated in their design and use. (shrink)

Thomas Hoccleve wrote his Regement of Princes in 1411 and addressed it to the patronage of Henry, Prince of Wales, who was to succeed to the throne as Henry V two years later, on the death of his father, Henry IV. The Regement is a book of the governance of princes, drawn from the De regimine principum of Aegidius Romanus and from other similar works including the Secreta secretorum, which purports to be a compendium of Aristotle's advice on kingship to (...) Alexander the Great. Like these works, Hoccleve's Regement lays out a series of unexceptionable moral principles that should guide a prince's behavior: the prince is exhorted, for instance, to be prudent, just, liberal, and receptive to counsel. These recommendations are supported with citations from biblical and classical authorities and a wealth of narratives exemplary of kingly and unkingly conduct. Princes were to look in such books as in a mirror, and there see displayed the image of what they should truly be. They were “Mirrors for Princes.” Princes welcomed them and on occasion commissioned them, not because they specially desired to have instruction in the business of government from clerks, nor because they would much appreciate being told things they did not wish to hear, but because it was important that they should represent themselves as receptive to sage counsel. They are not simply political public relations exercises but, equally, they are not “books of instruction.”. (shrink)

Book reviewed in this article: Human Reproduction: Principles, Practices, Policies. By Christine Overall. Children of Choice: Freedom and the New Reproductive Technologies. By John A. Robertson. Proceed with Care: Final Report of the Royal Commission on New Reproductive Technologies.

Since Pope John Paul II's visit to Australia, in 1986, the face of the Australian Catholic Church has changed dramatically. The once celebrated 'comfortableness at calling themselves Catholics', has given way to shame and calamity caused by hundreds of moral and sexual misconduct cases. The Australian Royal Commission into Institutional Responses to Child Sexual Abuse not only challenges the church's governance. It also questions certain practical aspects of ecclesiology, for example, the priestly celibacy or the seal of confession (...) that might have contributed to and even aggravated the abuse of minors. (shrink)

This collection of twelve original essays commissioned by Britain's Royal Economic Society commemorates the 1990 centennial of the first publication of Alfred Marshall's Principles of Economics, one of the truly seminal works in the history of the subject. Marshall, who lived from 1842 to 1924, was the founder of the Cambridge school of economics and the teacher of John Maynard Keynes. Each of the twelve essays in this volume focuses on some aspect or aspects of Marshall's work, life, or (...) legacy. His magnum opus, the Principles, receives considerable attention, but the discussion is not narrowly restricted to that work - which was in any case only a portion of a larger project, never completed. John Whitaker's essay sets out the detailed history of Marshall's failure to complete the projected second volume of the Principles, and describes the thorny path leading to the publication of Industry and Trade in 1919 and Money Credit and Commerce in 1923. (shrink)

Recent events in Western Australia culminating in the Royal Commission into Commercial Activities of Government and Other Matters 1992, and the subsequent publication of the Report, highlighted the fact that the commercial activities of the State Government in Western Australia had been in disarray for some time. However, in spite of some early interest in the outcomes of the Report, the general reaction by the public was largely one of disinterest. This paper traces some of the events which (...) took place after the main hearings. A number of leading citizens felt that some action was warranted. In brief, a series of lectures on different apects of business ethics were planned and given to business students at Curtin Business School. This paper highlights some of the observations made during this series of lectures. (shrink)

give a proof of the existence of nonlocal influences acting on correlated spin-1/2 particles in the singlet state which does not require any particular interpretation of quantum mechanics (QM). (Except Stapp holds that the proof fails under a many-worlds interpretation of QM—a claim we analyse in 1.2.) Recently, in responding to Redhead's ([1987], pp. 90-6) criticism that the Stapp 1 proof fails under an indeterministic interpretation of QM, Stapp [1989] (henceforth Stapp 2), has revised the logical structure of his proof (...) including its crucial locality assumption. Our main aim is to show that this revision is a step in the wrong direction because it faces two difficulties which undermine the resulting proof's significance (3.1) and validity (3. 2). We also clarify and extend the Stapp 1 proof (1. 1) with the aid of Lewis' analysis of counterfactuals (1. 2) and causal dependence (2. 2 and 2. 3). In so doing, we are able to identify two new defects in the Stapp 1 proof (1. 3 and 2. 1) in addition to corroborating Redhead's criticism (2. 2). Also, the additional assumptions which save the Stapp 1 proof's validity are detailed (2. 3) and some new difficulties for the determinist are pointed out by exploiting a slightly extended version of the proof (2. 4). In providing this full analysis of the Stapp 1 proof, we also construct the necessary framework within which to provide a critique of Stapp 2's proof (3). *Portions of this paper were presented by R. K. Clifton to the 1988 British Society for the Philosophy of Science Conference at the University of Southampton. R. K. Clifton wishes to thank the Natural Sciences and Engineering Research Council of Canada, the Royal Commission for the Exhibition of 1851, and the Governing Body of Peterhouse at Cambridge University for support during this work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 569-570 [Access article in PDF] Ross Harrison, editor. Henry Sidgwick. New York: Published for The British Academy by Oxford University Press, 2001. Pp. v + 122. Cloth, $24.95. Henry Sidgwick consists of papers by Stefan Collini, John Skorupski, and Ross Harrison, with replies by Jonathan Rée, Onora O'Neill, and Roger Crisp.Collini's rich and witty paper considers two pictures of Victorian intellectuals—the (...) "public moralist," such as John Stuart Mill, and the academic specialist. Sidgwick in the 1880s and 1890s does not fit comfortably into either camp. He champions the academic philosopher over Leslie Stephen or Mathew Arnold; he contributes to Mind rather than writing to newspapers or standing for parliament; he refuses to take a public stand on the Boer war despite opposing it. He would not have been a teledon. But he also exerts influence on university policies (founding Newnham College for women, opposing the Latin and Greek requirement for admission), through Royal Commissions, and through his personal connections to those in power. (He had as brothers-in-law the Prime Minister and the Archbishop of Canterbury.) He represents one solution to the new problem of combining academic specialization with practical concerns. [End Page 569]One quibble: Collini argues that Sidgwick wields his analytic method in order to end public debate; disagreements rest on conceptual confusions. But Sidgwick's late essays do not close with "a thin, dry question to which... the answer is more or less obvious," but with controversial proposals (44): to prevent war, individual cultivation of impartiality is more important than external arbitration; there are no significant differences between moral requirements on states and individuals; the unequal distribution of luxuries is morally defensible if and only if necessary for "aesthetic progress"; sociology is suspect and must be kept distinct from ethics. A second paper on clerical veracity is needed given controversy about the first.Harrison's slightly diffuse paper places Sidgwick in the utilitarian tradition of discussing sanctions for morality. (Crisp argues neatly that Bentham and Mill are closer to Sidgwick than Harrison allows.) Harrison closes by arguing that Sidgwick should not have been bothered by the dualism of practical reason—the view that utilitarianism and egoism conflict and that there are no decisive arguments for choosing between them. He should have ended the Methods with utilitarianism. The conflict between egoism and utilitarianism "should not matter" because "these are truths of practical rather than speculative reason." Conflict shows only that "we are not in the best of all possible worlds" (114). This helps if, with Harrison, Sidgwick's worry is the "theoretical" one that rival properties claim to be right-making (110). But Sidgwick sees the problem as practical: when egoism and utilitarianism conflict, I must decide which to follow.Skorupski also rejects the dualism. There are many true underived claims about reasons for action. Each can be seen as an instance of the "Feeling/Disposition Principle" (F): "If there's a reason to feel f there's reason to do what feeling f characteristically disposes one to do" (74). For example, if there is a reason to feel gratitude, there is a reason to express this gratitude. Egoistic reasons are the products of F when desire is the feeling. Any impartial theory, because it goes beyond the feelings of a particular individual in a particular situation, cannot be a case of F and so counts as a principle of practical reason. True claims about reasons for action are either many or, if restricted to practical reason, one. (Skorupski adds that an impartial theory, since indefeasible, trumps egoism. For example, my reason to express gratitude is defeated by noting that general good is not served by expressing gratitude, but need not be defeated by noting that my own good is not served. This, however, seems mere assertion. I suspect it, and F, are best pursued in Skorupski's Ethical Explorations [Oxford: Oxford University Press, 1999].)Showing that an impartial theory is not a case of F does not, by itself, show that it is a principle of practical reason... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) v-vi [Access article in PDF] In Memoriam: Wilfred Cantwell Smith Wilfred Cantwell Smith, a Canadian who taught for most of the first half of his career at McGill University in Montreal and for most of the second half at Harvard, died February 7, 2000, in his native Toronto at the age of eighty-three. His wife and companion of sixty years, Muriel, survives him, as do (...) five children and a dozen grandchildren.Smith, a Protestant Christian and clergyman, played an influential role among both academics and church bodies in advocating open dialogue and personal encounter with the adherents of diverse religious traditions. As one of his students, Professor John Ross Carter of Colgate University, put it, "Before I met Wilfred, I had studied Buddhism as a system. Under him, I came to appreciate the faith of Buddhists as persons."As an undergraduate, Smith studied Middle Eastern languages at the University of Toronto. He then studied theology in Cambridge, England, and taught during the early 1940s at Forman Christian College, Lahore, in what was then India but is now Pakistan. He became involved in the vital contemporary life of Muslims, and in the Hindu-Muslim-Sikh interface in the Punjab. The partition of India along communal lines in 1947 reinforced his strong sense of the moral urgency of interreligious understanding.After completing a Ph.D. degree at Princeton University with a dissertation on modern Islam, Smith took up the chair of comparative religion in McGill University's Faculty of Divinity and soon organized McGill's Institute of Islamic Studies, which he directed until 1963. The institute was innovative in two respects. First, it treated Islam as the faith of millions in southern Asia today, where the numerical majority of Muslims live, in contrast with the emphasis of most Orientalist scholarship on classical Arabic, Persian, and Turkish literature. Second, it strove to include roughly equal numbers of Muslims and Westerners in both its faculty and its student body.Though he had already made seminal contributions to comparative studies, Smith moved fully into that realm when in 1964 he took over the directorship of Harvard Divinity School's Center for the Study of World Religions, and later, of Harvard's entire graduate program in religion in arts and sciences. Through two decades, until his 1984 retirement, the world religions Ph.D. graduates emerging from Harvard, including a significant cohort of specialists in Buddhist studies, were inspired by Smith to focus on the faith dimension of the traditions they studied.Religious bodies turned to Smith for scholarly advice. To take one important example, he served in 1967 on a commission on world mission of the United Church of Canada. As a result of his input, the commission's report, adopted by the denomination, [End Page v] affirmed God to be working creatively and redemptively in the religious traditions of humankind. Some view this as the first declaration by any church to go so far in the entire history of Christianity.Numerous responsibilities and honors came to Smith. He became president of practically every organization to which he belonged, such as the American Academy of Religion, the American Society for the Study of Religion (which he said was his favorite), the Canadian Society for the Study of Religion, and the Canadian Theological Society. His writings have been translated into many languages, as diverse as Spanish, Turkish, Urdu, and Korean. He received a dozen honorary degrees, was elected to the Royal Society of Canada, and less than a month before the end of his life was inducted in a special bedside ceremony as an Officer of the Order of Canada, the nearest honor that country has to a title of nobility awarded for merit.Smith was primarily a historian, ever fascinated by process and change. He observed it not only in the societies and traditions of world culture, but in the conceptual vocabulary with which we describe it. His landmark book, from this point of view, is TheMeaning and End of Religion(1963), in which he traced both the emergence of the view of particular traditions... (shrink)

Recurrent scandals in business ethics demonstrate that work is, on occasion, unambiguously unethical. It is not clear, however, exactly how the concept of ‘meaningful work’ can be applied to such work, and whether, for example, work can be both unethical and meaningful. This article explores three different conceptualisations of meaningful work: where meaningful work is considered to be subjective, primarily subjective but with objective constraints or primarily objective (adopting Alasdair MacIntyre's neo-Aristotelian framework). These competing conceptualisations are examined in relation to (...) the ethical failures in the Australian financial advice industry. From 2009, a range of parliamentary inquiries, including a Royal Commission, documented significant ethical failures at both individual and institutional levels across the industry, which caused substantial hardship to tens of thousands of clients. Among the subsequent reforms was a drive towards the professionalisation of financial advice through enhanced educational standards, a code of ethics and the development of a professional identity. This case demonstrates the different ways in which the conceptualisations of meaningful work can be applied. However, Alasdair MacIntyre's scheme of practices, institutions, internal and external goods is presented as a preferred conceptualisation of the case, accommodating considerations of both ethics and meaningful work and contributing towards a theory of good work in general. (shrink)

In the context of redressing wrongs of the past, the importance of acknowledgement is often urged. It figures significantly, for instance, in the final report of South Africa's Truth and Reconciliation Commission and in the 1996 Canadian Royal Commiss ion Report on Aboriginal Peoples. In both documents a central theme is that acknowledging wrongs of the past is a key first step towards healing and reconciliation. Several recent statements about public apology also urge that moral apologies are signif (...) icant because of the ways in which they acknowledge wrongdoing and responsibility. However, there seem to be few explanations of what, exactly, acknowledgement amounts to and why one would expect it to be an important stage in the healing of victims or in the reconciliation between victim and perpetrator groups. I suggest that ackno wledgement is a kind of spelling out, or articulation, of something that we already know or are in a position to know. When we acknowledge something we avow or accept it as something attached to ourselves. I distinguish between granted acknowledgement, received acknowledgement, and self-acknowledgement. Often acknowledgement is partial and compromised, a situation which may be confusing and harmful to those who have been wronged. I propose explanations as to why the acknowledgement that they are worth y human beings who were wronged and deserved better tends to be profoundly important to groups such as Blacks in South Africa and native peoples in Canada. I also address difficulties which we face when we are pressed to acknowledge injustice and wrongdo ing which we would rather not accept as part of our social history. (shrink)

I. On the morning of 28 November 1979 flight TE-901, a DC-10 operated by Air New Zealand Limited, took off from Auckland, New Zealand, on a sightseeing passenger flight over a portion of Antarctica. The pilot in command was Captain Collins. The following are paragraphs from the official Report of the Royal Commission that inquired into the events surrounding that flight.

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine (...) the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine (...) the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (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)