ABSTRACT Biobanks for long‐term research pose challenges to the legal and ethical validity of consent to participate. Different models of consent have been proposed to answer some of these challenges. This paper contributes to this discussion by considering the meaning and value of consent to participants in biobanks. Empirical data from a qualitative study is used to provide a participant view of the consent process and to demonstrate that, despite limited understanding of the research, consent provides the research participants with (...) some level of control and a form of self determination that they value. Participation is framed as a moral act of a responsible citizen providing reinforcement of self identity. Consent symbolizes the trust invested in researchers and research institutions to use the biobank for the public good. The paper argues that consent continues to play an important role in biobank participation and that a participant view should inform proposals to modify consent processes. (shrink)

Biobanks for long-term research pose challenges to the legal and ethical validity of consent to participate. Different models of consent have been proposed to answer some of these challenges. This paper contributes to this discussion by considering the meaning and value of consent to participants in biobanks. Empirical data from a qualitative study is used to provide a participant view of the consent process and to demonstrate that, despite limited understanding of the research, consent provides the research participants with some (...) level of control and a form of self determination that they value. Participation is framed as a moral act of a responsible citizen providing reinforcement of self identity. Consent symbolizes the trust invested in researchers and research institutions to use the biobank for the public good. The paper argues that consent continues to play an important role in biobank participation and that a participant view should inform proposals to modify consent processes. (shrink)

Increasing emphasis on genetic research means that growing numbers of human research projects in Australia will involve complex issues related to genetic privacy, familial information and genetic epidemiology. The Office of Population Health Genomics (Department of Health, Western Australia) hosted an interactive workshop to explore the ethical issues involved in the disclosure of genetic information, where researchers and members of human research ethics committees (HRECs) were asked to consider several case studies from an ethical perspective. Workshop participants used a variety (...) of approaches to examine the complex ethical issues encountered, but did not consistently refer to the values and principles outlined in the National Statement on Ethical Conduct in Human Research (NHMRC 2007) or apply rational ethical approaches. Overall, the data suggested that both researchers and HREC members may benefit from further education and support regarding the application of ethical frameworks to the issues encountered in genetic research. (shrink)

Visuomotor adaptation to novel environments can occur via non-physical means, such as observation. Observation does not appear to activate the same implicit learning processes as physical practice, rather it appears to be more strategic in nature. However, there is evidence that interspersing observational practice with physical practice can benefit performance and memory consolidation either through the combined benefits of separate processes or through a change in processes activated during observation trials. To test these ideas, we asked people to practice aiming (...) to targets with visually rotated cursor feedback or engage in a combined practice schedule comprising physical practice and observation of projected videos showing successful aiming. Ninety-three participants were randomly assigned to one of five groups: massed physical practice, distributed physical practice, or one of 3 types of combined practice: alternating blocks, or all observation before or after blocked physical practice. Participants received 100 practice trials. All groups improved in adaptation trials and showed savings across the 24-h retention interval relative to initial practice. There was some forgetting for all groups, but the magnitudes were larger for physical practice groups. The Act and Obs_During groups were most accurate in retention and did not differ, suggesting that observation can serve as a replacement for physical practice if supplied intermittently and offers advantages above just resting. However, after-effects associated with combined practice were smaller than those for physical practice control groups, suggesting that beneficial learning effects as a result of observation were not due to activation of implicit learning processes. Reaction time, variable error, and post-test rotation drawings supported this conclusion that adaptation for observation groups was promoted by explicit/strategic processes. (shrink)

This book uses neuroscience discoveries concerning religious experiences, the Self and personhood to deepen, enhance and interrogate the theological and philosophical set of ideas known as Personalism. McNamara proposes a new eschatological form of personalism that is consistent with current neuroscience models of relevant brain functions concerning the self and personhood and that can meet the catastrophic challenges of the 21st century. Eschatological Personalism, rooted in the philosophical tradition of "Boston Personalism", takes as its starting point the personalist claim (...) that the significance of a self and personality is not fully revealed until it has reached its endpoint, but theologically that end point can only occur within the eschatological realm. That realm is explored in the book along with implications for personalist theory and ethics. Topics covered include the agent intellect, dreams and the imagination, future-orientation and eschatology, phenomenology of Time, social ethics, Love, the challenge of AI, privacy and solitude and the individual ethic of autarchy. This book is an innovative combination of the neuroscientific and theological insights provided by a Personalist viewpoint. As such, it will be of great interest to scholars of Cognitive Science, Theology, Religious Studies and the philosophy of the mind. (shrink)

There is little work of a systematic nature in ethical theory or deontic logic on aretaic notions such as praiseworthiness and blameworthiness, despite their centrality to common-sense morality. Without more work, there is little hope of filling the even larger gap of attempting to develop frameworks integrating such aretaic concepts with deontic concepts of common-sense morality, such as what is obligatory, permissible, impermissible, or supererogatory. It is also clear in the case of aretaic concepts that agency is central to such (...) appraisal, so some agential notions must be integrated with aretaic concepts as well. The current paper takes the first step in a larger project aimed at the closure of these gaps. Here I sketch a simple framework for the aretaic appraisal of an agent's performance, layered on top of a simple framework for agency and predetermination. In Part I, I develop the framework for agency, ability, and inevitability, combining elements of work by Brown, Elgesem, Carmo, Santos, and Jones. In Part II, drawing on work by Chisholm and Sosa on intrinsic preferability, I sketch and explore a framework for defining aretaic superiority, praiseworthiness, blameworthiness, neutrality, and indifference, etc., retaining proper links to agency. (shrink)

Southgate draws on ideas within history, philosophy, literature, psychology, and theology to explore two traditions: contentment with our situation as it is, and the aspiration to transcend it. He discusses the possibility ofescape from intellectual constraints, and advocates a positive 'duty of discontent', and its implications.

BackgroundHuman genome editing technologies offer much potential benefit. However, central to any conversation relating to the application of such technologies are certain ethical, legal, and social difficulties around their application. The recent misuse, or inappropriate use, by certain Chinese actors of the application of genome editing technologies has been, of late, well noted and described. Consequently, caution is expressed by various policy experts, scientists, bioethicists, and members of the public with regard to the appropriate use of human germline genome editing (...) and its possible future effect on future generations.Main textAs concerns about the applications of heritable genome editing have grown, so too have the questions around what is to be done to curtail ‘rogue actors’. This paper explores various ways in which to regulate genomic editing that are socially beneficial, while being cognisant of legal and ethical principles and rights values. This is done by evolving regulatory frameworks across jurisdictions in an attempt to raise issues, address common principles, and set responsible standards for stewardship of the novel technology.ConclusionsIt is suggested that robust and concrete regulatory measures be introduced that are culturally and contextually sensitive, inclusive, appropriate, and trustworthy – and are based on public empowerment and human rights objectives. Doing so will ensure that we are perfectly positioned to harness and promote the benefits that novel technologies have to offer, while safeguarding public health and curtailing the ambitions of rogue actors. This it is acknowledged is no easy task, so, as a point of departure, this paper sets out a path forward by means of certain, practical recommendations – by constructing genome editing regulation in a manner that both fulfils the desire to better progress human health and that can withstand legal and ethical scrutiny.The following observations and recommendations are made: Firstly, that a solution of effective, legitimate governance should consist of a combination of national and supranational legislative regulation or ‘hard’ law, in combination with ‘soft’ ethics, firmly anchored in and underpinned by human rights values. Second, that efforts to support legal and ethical solutions should be rigorous, practical, and robust, contribute to a reaffirmation of human rights in a contextually sensitive manner, and be transnational in reach. Lastly, that greater harmonisation across jurisdictions and increased public engagement be sought. This it is proposed will address the question of how to implement a normative framework which in turn can prevent future rogue actors. (shrink)

Explanations of how identity is constructed are fundamental to contemporary debates in feminism and social theory. In this important addition to the literature, Beverley Skeggs demonstrates that class needs to be featured more prominently in theoretical accounts of gender, identity, and power. Class has been marginalized in feminist and cultural theory and it has become increasingly difficult to teach, research, or speak about class. Formations of Class and Gender identifies the neglect of class issues in favor of gender issues, (...) and shows how class and gender must be fused together to produce an accurate representation of power relations in modern society. In a sustained examination of the production of knowledge, detailed ethnographic research is used to explain how ôrealö women modify and reformulate our understanding of class, subjectivity, and sexuality. A critical examination of cultural representationùinformed by recent feminist theory and the work of Pierre BourdieuùFormations of Class and Gender is an articulate demonstration of how to translate theory into practice. Engaged with theoretical and methodological issues, this will be the standard referenced ethnography on class and gender. It will be required reading for students and researchers in womenÆs studies and sociology. (shrink)

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing normative concerns in concrete applications of (...) autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

This is a review of John Horty's book, _Agency and Deontic Logic_, OUP 2000.

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural (‘SLEEC’) nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing normative concerns in concrete applications (...) of autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

C.S. Peirce, the American philosopher and a principal figure in the development of the modern study of semiotics, struggled, mostly during his later years, to work out a systematic method for classifying sciences. By doing this, he hoped to define more clearly the various tasks of these sciences by showing how their individual effects are interrelated and how these effects, considered in their interrelations, establish pragmatic meanings for each individual science. Much of his work was centered on the meaning and (...) function of logic in relation to other areas of human knowledge. By rightly defining the work of logic, Peirce argued, the work of the other sciences could be pursued with more rigorous reasoning. Beverley Kent closely examines the published and unpublished writings of Peirce and carefully attends to the chronological development of his systems of classification; she thereby shows for the first time in the scholarly literature how seeming contradictions in Peirce's evolving classification are really part of an increasingly clear position. Logic, Peirce came to understand, is actually dependent on ethics and aesthetics for its principles. Kent shows how Peirce's working out of the classification of logic in relation to other sciences is a clue to the significant differences between his early and late philosophy and, perhaps even more important, to a reading of his more general claims for a philosophy of "pragmaticism." This work will be of interest to readers of Peirce and American philosophy, to historians of logic and semiotics, and to those more generally interested in the history of systems of knowledge-classification. (shrink)

Miranda Fricker's original presentation of Hermeneutical Injustice left open theoretical choice points leading to criticisms and subsequent clarifications with the resulting dialectic appearing largely verbal. The absence of perspicuous exposition of hallmarks of Hermeneutical Injustice might suggest scenarios exhibiting some – but not all – such hallmarks are within its purview when they are not. The lack of clear hallmarks of Hermeneutical Injustice, moreover, obscures both the extent to which Fricker's proposed remedy Hermeneutical Justice – roughly, virtuous communicative practices – (...) adequately addresses the injustice, and the accuracy of criticisms suggesting that Hermeneutical Justice is insufficient to the task. In what follows, after briefly defending necessary and sufficient conditions for what I take to be the best candidate interpretation of Hermeneutical Injustice, I build on recent work on moral responsibility to construct and defend a rigorous explication of Hermeneutical Justice. (shrink)

We agree with van der Pijl et al that the question of how to ensure consent is obtained for procedures which occur during labour and childbirth is vitally important, and worthy of greater attention.1 However, we argue that the modified opt-out approach to consent outlined in their paper may not do enough to protect the choice and agency of birthing people. Moreover, while their approach reflects a pragmatic attempt to facilitate legal clarity and certainty in this context, this is not (...) necessarily responsive to the messy realities of decision-making during labour (and beyond). We outline some of our concerns with their proposals and demonstrate how these illuminate some broader, longstanding tensions around consent and medical law. The authors place significant focus on the particularities of labour, outlining six ways in which maternity care is ‘unlike the usual healthcare setting’ (van der Pijl M et al,1p4). We support the need for attentiveness to these particularities and the problematic nature of consent in this context. Recent scholarly attention on the possible ‘political, ethical and theoretical implications and meanings of birthing embodiment’ (Chadwick R,2p2) has invited more nuanced conversation about consent, agency and decision-making during labour. However, while recognising the embodied particularities of labour, we must also avoid essentialising the differences of labouring bodies and thereby reinforcing exclusionary norms of consent. This points to a long-standing tension in feminist theory between the universal and the particular; between recognising and responding to the powerlessness of individuals without …. (shrink)

We present a general framework for analyzing the contribution to reproductive success of a behavioural action. An action may make a direct contribution to reproductive success, but even in the absence of a direct contribution it may make an indirect contribution by changing the animal's state. We consider actions over a period of time, and define a reward function that characterizes the relationship between the animal's state at the end of the period and its future reproductive success. Working back from (...) the end of the period using dynamic programming, the optimal action as a function of state and time can be found. The procedure also yields a measure of the cost, in terms of future reproductive success, of a suboptimal action. These costs provide us with a common currency for comparing activities such as eating and drinking, or eating and hiding from predators. The costs also give an indication of the robustness of the conclusions that can be drawn from a model. We review how our framework can be used to analyze optimal foraging decisions in a stochastic environment. We also discuss the modelling of optimal daily routines and provide an illustration based on singing to attract a mate. We use the model to investigate the features that can produce a dawn song burst in birds. State is defined very broadly so that it includes the information an animal has about its environment. Thus, exploration and learning can be included within the framework. (shrink)

Holocaust literature gives exhaustive attention to direct means of exterminating Jews, by using gas chambers, torture, starvation, disease, and intolerable conditions in ghettos and camps, and by the Einsatzgruppen. In some circles, the term “Holocaust” has become the ultimate description of horror or horrific events. The Nazi medical experiments and practices are an example of these. Nazi medical science played a central and crucial role in creating and implementing practices designed to achieve a “Master Race.” Doctors interfered with the most (...) intimate and previously sacrosanct aspects of life in these medical experiments – reproductive function and behavior – in addition to implementing eugenic sterilizations, euthanasia, and extermination programs. Manipulating reproductive life – as a less direct method of achieving the genocide of Jews – has been less acknowledged. The Nazis prevented those regarded as not meeting idealized Nazi racial standards – and particularly Jewish women – from having sex or bearing children through legal, social, psychological and biological means, as well as by murder. In contrast, they promoted reproductive life to achieve the antithesis of genocide – the mass promotion of life – among those deemed sufficiently “Aryan.” Implementing measures to prevent birth is a core feature of the UN Convention on the Prevention and Punishment of Genocide. As with many other aspects of the Holocaust, science and scientists were inveigled into providing legitimacy for Nazi actions. The medical profession was no exception and was integrally involved in the manipulation of birth to implement the Holocaust. (shrink)

The Circle of Concerned African Women Theologians has since its inception, affirmed the agency of women in their theological reflection and praxis. In doing so, they have called on their male colleagues to stand in solidarity with them in forging alternative masculinities that renew culture, curb gender-based violence and mitigate HIV infection. This essay argues that there are three assumptions that form the basis of the work of the Circle theologians. Firstly, that women seek to be in egalitarian relationships with (...) men that bring dignity and respect. Secondly, women assert their agency to achieve this goal and in so doing bring healing and wholeness to both groups who are transformed through this process. Thirdly, women assert their agency in solidarity with other women as they build alternative egalitarian communities. Yet, the recent phenomenon of the #Blessed community of young women who seek out ‘blessers’, older men who engage them in transactional sex, in order to fund opulent lifestyles contradicts these assumptions. Their agency embraces non-liberative ideology and practice and chooses not to unseat the dominant ideologies of hetero- and econo-patriarchy. Contribution: The essay concludes that a lack of sustained economic analysis and engaged theological reflection on sexual ethics means the Circle is ill-equipped to respond to the challenge posed by the #Blessed community of young women. (shrink)

Basic Formal Ontology (BFO) is a top-level ontology consisting of thirty-six classes, designed to support information integration, retrieval, and analysis across all domains of scientific investigation, presently employed in over 350 ontology projects around the world. BFO is a genuine top-level ontology, containing no terms particular to material domains, such as physics, medicine, or psychology. In this paper, we demonstrate how a series of cases illustrating common types of change may be represented by universals, defined classes, and relations employing the (...) BFO framework. We provide discussion of these cases to provide a template for other ontologists using BFO, as well as to facilitate comparison with the strategies proposed by ontologists using different top-level ontologies. (shrink)

The proposed multilevel framework of discourse comprehension includes the surface code, the textbase, the situation model, the genre and rhetorical structure, and the pragmatic communication level. We describe these five levels when comprehension succeeds and also when there are communication misalignments and comprehension breakdowns. A computer tool has been developed, called Coh-Metrix, that scales discourse (oral or print) on dozens of measures associated with the first four discourse levels. The measurement of these levels with an automated tool helps researchers track (...) and better understand multilevel discourse comprehension. Two sets of analyses illustrate the utility of Coh-Metrix in discourse theory and educational practice. First, Coh-Metrix was used to measure the cohesion of the text base and situation model, as well as potential extraneous variables, in a sample of published studies that manipulated text cohesion. This analysis helped us better understand what was precisely manipulated in these studies and the implications for discourse comprehension mechanisms. Second, Coh-Metrix analyses are reported for samples of narrative and science texts in order to advance the argument that traditional text difficulty measures are limited because they fail to accommodate most of the levels of the multilevel discourse comprehension framework. (shrink)

Such an absence seems ultimately fatal. Yet as this volume amply demonstrates, the richness of his social theory can be opened up by contemporary feminism.

We model scientific theories as Bayesian networks. Nodes carry credences and function as abstract representations of propositions within the structure. Directed links carry conditional probabilities and represent connections between those propositions. Updating is Bayesian across the network as a whole. The impact of evidence at one point within a scientific theory can have a very different impact on the network than does evidence of the same strength at a different point. A Bayesian model allows us to envisage and analyze the (...) differential impact of evidence and credence change at different points within a single network and across different theoretical structures. (shrink)

Ouyi Zhixu was an eminent Chinese Buddhist monk who, contrary to his contemporaries, believed karma could be changed. Through vows, divination, repentance rituals, and ascetic acts such as burning and blood writing, he sought to alter what others understood as inevitable and inescapable. Drawing attention to Ouyi's unique reshaping of religious practice, _Living Karma_ reasserts the significance of an overlooked individual in the modern development of Chinese Buddhism. While Buddhist studies scholarship tends to privilege textual analysis, _Living Karma_ promotes a (...) balanced study of ritual practice and writing, treating Ouyi's texts as ritual objects and his reading and writing as religious acts. Each chapter addresses a specific religious practice--writing, divination, repentance, vows, and bodily rituals--offering first a diachronic overview of each practice within the history of Chinese Buddhism and then a synchronic analysis of each phenomenon through close readings of Ouyi's work. This book sheds much-needed light on a little-known figure and his representation of karma, which proved to be a seminal innovation in the religious thought of late imperial China. (shrink)

Although the last decade has seen a proliferation of ontological approaches to arguments, many of them employ ad hoc solutions to representing arguments, lack interoperability with other ontologies, or cover arguments only as part of a broader approach to evidence. To provide a better ontological representation of arguments, we present the Arguments Ontology (ArgO), a small ontology for arguments that is designed to be imported and easily extended by researchers who work in different upper-level ontology frameworks, different logics, and different (...) approaches to argument evaluation. Unlike most ontological approaches to arguments, ArgO utilizes Basic Formal Ontology (BFO) as an upper-level ontology, and may be used alongside other commonly used ontologies in the BFO framework, including boththe Information Artifact Ontology (IAO), and the Information Entity Ontology (INFO). Critically, our proposal is principled, based on rigorous definitions and formal axioms out of which characterizations of arguments naturally fall. It is our hope that ArgO may assist researchers in many projects, including: integrating heterogeneous sources of evidence, structuring the content of semantic wikis, and enhancing semantic reasoning. (shrink)

The COVID-19 pandemic prompted immense work on the investigation of the SARS-CoV-2 virus. Rapid, accurate, and consistent interpretation of generated data is thereby of fundamental concern. Ontologies––structured, controlled, vocabularies––are designed to support consistency of interpretation, and thereby to prevent the development of data silos. This paper describes how ontologies are serving this purpose in the COVID-19 research domain, by following principles of the Open Biological and Biomedical Ontology (OBO) Foundry and by reusing existing ontologies such as the Infectious Disease Ontology (...) (IDO) Core, which provides terminological content common to investigations of all infectious diseases. We report here on the development of an IDO extension, the Virus Infectious Disease Ontology (VIDO), a reference ontology covering viral infectious diseases. We motivate term and definition choices, showcase reuse of terms from existing OBO ontologies, illustrate how ontological decisions were motivated by relevant life science research, and connect VIDO to the Coronavirus Infectious Disease Ontology (CIDO). We next use terms from these ontologies to annotate selections from life science research on SARS-CoV-2, highlighting how ontologies employing a common upper-level vocabulary may be seamlessly interwoven. Finally, we outline future work, including bacteria and fungus infectious disease reference ontologies currently under development, then cite uses of VIDO and CIDO in host-pathogen data analytics, electronic health record annotation, and ontology conflict-resolution projects. (shrink)

Judges face difficult choices when the birth and genetic mothers of a child are separate people who dispute maternal access; the views of the general population may help them. Fifty women were asked whether, if they were infertile and could have only one child, they would prefer to be birth mothers (to carry a baby which was not genetically theirs) or genetic mothers (to have another woman carry their genetic baby). Similarly, fifty men were asked about their preference for a (...) partner's child. In both groups the strength of preferences was measured using a lottery technique. The direction and strength of preferences was similar between men and women, and approximately equally divided between birth and genetic motherhood. These attitudes should be taken into account by those adjudicating custody disputes between such mothers. (shrink)

If a person requires an organ or tissue donation to survive, many philosophers argue that whatever moral responsibility a biological relative may have to donate to the person in need will be grounded at least partially, if not entirely, in biological relations the potential donor bears to the recipient. We contend that such views ignore the role that a potential donor's unique ability to help the person in need plays in underwriting such judgments. If, for example, a sperm donor is (...) judged to have a significant moral responsibility to donate tissue to a child conceived with his sperm, we think this will not be due to the fact that the donor stands in a close biological relationship to the recipient. Rather, we think such judgments will largely be grounded in the presumed unique ability of the sperm donor to help the child due to the compatibility of his tissues and organs with those of the recipient. In this paper, we report the results of two studies designed to investigate the comparative roles that biological relatedness and unique ability play in generating judgments of moral responsibility in tissue donation cases. We found that biologically related individuals are deemed to have a significant moral responsibility to donate tissue only when they are one of a small number of people who have the capacity to help. (shrink)

Unethical practices in education come at too great a cost when our future generation is at stake. Educators are role models for students in their future careers and so must believe in and use ethical practices. In politics, in big and small business, and in legal and medical practice the question of ethical practices surrounds us. Have people become desensitized to ethics? Are we condoning unethical practice? Our educational profession must stand up for honesty and integrity. We, as educators, have (...) the obligation of setting the standards for ethics. Ethical Dilemmas in Education addresses the dilemmas teachers face every day throughout all aspects of education in a comprehensive manner. The book outlines standards of professionalism and presents information teachers can use for the challenges teachers face. With the policies of today's educational system, teachers need to stand up for honesty and integrity, providing role models for students in their future careers. This book guides teachers towards developing ethical habits and a professional demeanor. (shrink)

Feminist legal scholars have never cut the first woman appointed to the Supreme Court of Canada as much slack as the second. Yet the first, Justice Bertha Wilson, introduced the contextual method into the Court’s jurisprudence. Her approach to contextualism is consistent with one of three feminist legal methods that Katharine T. Bartlett identifies. More specifically, it is consistent with Bartlett’s feminist practical reasoning. However, Justice Wilson’s contextualism is not without its critics. The most challenging, Ruth Colker, contends it must (...) work in conjunction with a distinctive substantive principle. Justice Wilson took a different approach, aligning the contextual method with the constitutional principle of proportionality. Thus construed, this paper argues, contextualism represents a new approach to feminist judging. (shrink)

In Feminism and the Power of Law Carol Smart argued “law must also be tackled at the conceptual level if feminist discourses are to take a firmer root” (Smart in Feminism and the power of law, Routledge, London, 1989, 5). In Canada, the Women’s Legal Education and Action Fund (LEAF) ’tackled‘ the concept of comparison in the age equality case of Withler v Canada, 2008 BCCA 539. Rejecting ’similarly situated ‘(or ’groups‘) comparison as inconsistent with substantive equality, LEAF advocated a (...) “contextual” approach to import gender into the Withler frame. However, LEAF did not identify a male comparator even though all of the plaintiffs were women. Accordingly, it is unclear whether LEAF’s contextual approach obviates comparison, permits comparing some women to other women, or is synonymous with ‘grounds’ comparison. I argue LEAF could have named the patriarchal state as the male comparator in Withler, thereby aligning their contextual approach with ‘grounds’ comparison and offering substantive equality a ’firmer root’. (shrink)

To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning (...) about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters. (shrink)

Moeser suggested participants default to linear ordering elements but they can be primed to impose either linear or partial ordering. This study seems problematic insofar as ‘greater than’ might be understood to incline participants to favor linear orderings. Recent follow-up studies strongly suggest participants do not default to linear ordering. It seems plausible, moreover, that the observed priming effect is far more pervasive than Moeser countenanced. The present work explores the extent to which priming for linear or partial orders conflicts (...) with the construction of linear or partial ordering lists. Our two experiments suggest friction between priming and task, and also show once the priming tasks are cleared of potentially confounding semantic content, participants perform equally with respect to constructing linear or partial orders under similar priming conditions. (shrink)

Do biological relations ground responsibilities between biological fathers and their offspring? Few think biological relations ground either necessary or sufficient conditions for responsibility. Nevertheless, many think biological relations ground responsibility at least partially. Various scenarios, such as cases concerning the responsibilities of sperm donors, have been used to argue in favor of biological relations as partially grounding responsibilities. In this article, I seek to undermine the temptation to explain sperm donor scenarios via biological relations by appealing to an overlooked feature (...) of such scenarios. More specifically, I argue that sperm donor scenarios may be better explained by considering the unique abilities of agents involved. Appealing to unique ability does not eliminate the possibility of biological relations providing some explanation for perceived responsibilities on the part of biological fathers. However, since it is unclear exactly why biological relations are supposed to ground responsibility in the first place, and rather clear why unique ability grounds responsibility in those scenarios where it is exhibited, the burden of proof seems shifted to those advocating biological relations as grounds of responsibility to provide an explanation. Since this seems unlikely, I conclude it is best to avoid appealing to biological relations as providing grounds for responsibility. (shrink)