The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...) law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to improve public health. (shrink)

A study was undertaken of the views of users of two genitourinary medicine (GUM) clinics in England on unlinked anonymous testing (UAT) for HIV. The UAT programme measures the prevalence of HIV in the population, including undiagnosed prevalence, by testing residual blood (from samples taken for clinical purposes) which is anonymised and irreversibly unlinked from the source. 424 clinic users completed an anonymous questionnaire about their knowledge of, and attitudes towards, UAT. Only 1/7 (14%) were aware that blood left over (...) from clinical testing may be tested anonymously for HIV. A large majority (89%) said they would agree to their blood being tested, although 74% wanted the opportunity to consent. These findings indicate broad support for UAT of blood in a group of patients whose samples are included in the HIV surveillance programme. The findings suggest the need for greater attention to be given to the provision of information and, if replicated in a larger survey, may justify a reappraisal of UK policy on UAT. (shrink)

This article critically engages with Mandeville et al.'s case discussion of using social networking services for the purposes of contact tracing in infectious disease outbreaks. It will be argued that their discussion may be overstating the utility of such approaches, while simultaneously underestimating the ethical concerns that arise from this method of contact tracing. The article separates between ethical and technological concerns and suggests that due to the particular design of networking sites such as Facebook and the usage patterns of (...) subscribers, the positive effect of contact tracing through such services may be overstated. At the same time, using social networking sites raises serious concerns regarding the privacy of patients and the ownership of information posted online. (shrink)

This paper examines the concept of ‘openness with patients’ from the stand-point of the limitations of biomedical ethics. Initially we review contemporary critiques of bioethics and, in particular, of principlism; we relate how other; somewhat neglected, forms of medical ethics can yield useful information and provide moral guidance. The main section of the paper then shows how a bioethical approach to openness misses the social context in our example, the viewpoints of patients; we present some of the increasing wealth of (...) research evidence which points towards patients wanting more information and a greater degree of openness. (shrink)

Spontaneous mirror self-recognition is achieved by only a limited number of species, suggesting a sharp “cognitive Rubicon” that only few can pass. But is the demarcation line that sharp? In studies on monkeys, who do not recognize themselves in a mirror, animals can make a difference between their mirror image and an unknown conspecific. This evidence speaks for a gradualist view of mirror self-recognition. We hypothesize that such a gradual process possibly consists of at least two independent aptitudes, the ability (...) to detect synchronicity between self- and foreign movement and the cognitive understanding that the mirror reflection is oneself. Pigeons are known to achieve the first but fail at the second aptitude. We therefore expected them to treat their mirror image differently from an unknown pigeon, without being able to understand that the mirror reflects their own image. We tested pigeons in a task where they either approached a mirror or a Plexiglas barrier to feed. Behind the Plexiglas an unknown pigeon walked at the same time toward the food bowl. Thus, we pitched a condition with a mirror-self and a foreign bird against each other, with both of them walking close toward the food bowl. By a detailed analysis of a whole suit of behavioral details, our results make it likely that the foreign pigeon was treated as a competitor while the mirror image caused hesitation as if being an uncanny conspecific. Our results are akin to those with monkeys and show that pigeons do not equal their mirror reflection with a conspecific, although being unable to recognize themselves in the mirror. (shrink)

This paper examines the concept of ‘openness with patients’ from the stand-point of the limitations of biomedical ethics. Initially we review contemporary critiques of bioethics and, in particular, of principlism; we relate how other; somewhat neglected, forms of medical ethics can yield useful information and provide moral guidance.The main section of the paper then shows how a bioethical approach to openness misses the social context in our example, the viewpoints of patients; we present some of the increasing wealth of research (...) evidence which points towards patients wanting more information and a greater degree of openness.Finally we put forward that a principlist’s objection to active encouragement of openness might be based on the risk of infringing upon the ‘right not to know’. We reject this by arguing how rights can be trumped. (shrink)

Contemporary scholarship interprets Sergej Bulgakov’s sophiology as an engagement of Orthodox theology with the modern world and as being on its way to becoming a political theology. In this paper I undertake a re-evaluation of the kind of engagement sophiology was and was intended to be, and of the kind of world it was destined for. It will be argued that sophiology was not so much a political-theological engagement with the world concentrating on the relation of religion and politics or (...) state and church, but rather an economic-theological engagement in the tradition of oikonomia theology that tried to understand the world in its relation to and as part of divine oikonomia. Furthermore, the world sophiology promotes engagement with is not only the real contemporary world, or the sociological ideal type of modernity, but primarily the world as such, this secular and human world over and against the divine and transcendent world. (shrink)

Moral distress is a common phenomenon among nurses and is related to the complicated work environments and complex nature of ethical situations in day-to-day nursing practice. Moral distress impacts nurses as well as patient care and the health care system. Few strategies have been identified for instructors to effectively engage with learners when communicating about moral distress. We discuss two key curricular and pedagogical strategies that should be utilized when learning about moral distress: difficult knowledge’ and ‘terror management theory’. Whether (...) it is with new nursing students or experienced nurses, there is necessary learning that needs to occur on moral distress. Difficult knowledge’ and ‘terror management theory’, when implemented, can provide a starting point for both the learner and the instructor to discuss the emotionally difficult and complex topic of moral distress. Knowledge about moral distress has the potential to mitigate its negative effects, therefore it is vital to consider educational strategies to teach nurses about this complex phenomenon. (shrink)

Nevin & Grace invoke a behavioral metaphor from the physics of momentum. The idealized assumptions they invoke are argued to translate to behavior only in the limited case of steady-state, constant-probability VI responding. Rather than further refine this limit case, mathematical models should be applied to generalizations of the limit case itself, broadening our understanding of behavioral processes.

This article is about evil and its function in educational discourse. The research posits, using work in postsecularism and particularly through an historical, legal, and theological read of prophetic indictment and the function of the jeremiad in educational policy, that the terms of educational debate are rendered in a legal rather than a deliberative discursive framework. This lends itself, then, to the creation of evil others opposed to one’s own preferred policy prescriptions and renders much of the discussion about and (...) around the need for conversation and comity moot. The authors propose attending to the function of evil in education as well as positing an historical approach to thinking about why we often can’t think differently about educational arguments. (shrink)

This case study is one of a series demonstrating ethical dilemmas in medicine, science, the social sciences, and public policy. Although the case is based on fact, it has been edited to preserve confidentiality and to emphasize the ethical questions. Readers are invited to submit cases for consideration for this series. Case descriptions should be typed, double‐spaced, and should not exceed 750 words.

When thought overwhelms the mind, the mind uses the body and the world. Several studies reveal ways that people alone or together use gesture and marks on paper to structure and augment their thought for comprehension, inference, and discovery. The studies show that the mapping of thought to gesture or the page is more direct than the arbitrary mapping to language and suggest that these forms of visual/spatial/action representation are used to “translate” language into mental representations. It is argued that (...) actions in space create patterns in the world that reflect abstractions, that the actions are incorporated into gestures and the patterns into diagrams, a network that integrates gesture, action, the designed world, and abstraction dubbed spraction. (shrink)

When thought overwhelms the mind, the mind uses the body and the world. Several studies reveal ways that people alone or together use gesture and marks on paper to structure and augment their thought for comprehension, inference, and discovery. The studies show that the mapping of thought to gesture or the page is more direct than the arbitrary mapping to language and suggest that these forms of visual/spatial/action representation are used to “translate” language into mental representations. It is argued that (...) actions in space create patterns in the world that reflect abstractions, that the actions are incorporated into gestures and the patterns into diagrams, a network that integrates gesture, action, the designed world, and abstraction dubbed spraction. (shrink)

This article intervenes in a critical debate about the use of consent to distinguish sex from rape. Drawing from critical contract theories, it argues that sexual consent is a cruel optimism that often operates to facilitate, rather than alleviate, sexual violence. Sexual consent as a cruel optimism promises to simplify rape allegations in the popular cultural imagination, confounds the distinction between victims and agents of sexual violence, and establishes certainty for potential victimizers who rely on it to convince themselves and (...) others that their partners implicitly or explicitly agreed to sex. In each of these cases, the power of consent rests in its tendency to obscure sexual violence in a set of questions around victimhood and agency, rather than to clarify whether or when it has occurred. Following in the critical contract tradition, this article argues that the optimistic attachment to the clarifying power of consent helps to explain the persistent commitment to better sexual consent as a ‘solution’ to the problems of rape and sexual violence, and that this ‘solution’ is insufficient to the task. (shrink)

Socrates op de markt, Filosofie in bedrijf was first published in the Netherlands in 1997 and reprinted in 1999.1 It was translated into German and published in Germany in late 2000. The book covers the need today for Socratic dialogue, its methods, its uses and related concepts. These include elenchus (the refutation of what one thought one knew); maieutics (Socratic midwifery making latent knowledge conscious); the relationship of knowledge to feeling, virtue and the formation of personality; and the distinction between (...) three types of knowledge: scientific (episteme), professional (techne) and practical wisdom (phronesis). Our extracts — the first in English — set out Kessels’ arguments for using Socratic dialogue today, his account of its unique role in organisational learning, and a case history: a dialogue with a top management team in which elenchus plays a signal part as they seek to define a policy for handling redundancies. (shrink)

Most liberal political theorists of education argue that it is better to teach students to tolerate diversity, than to protect the potentially illiberal commitments of some members of the political communities. In fact, neither approach is wholly satisfying, yet they remain the focus of much political theorizing about education. This article suggests that this misguided focus is, in part, a consequence of a focus, by liberal political theorists of education, upon the 1987 Mozert v. Hawkins court case. Mozert raised serious (...) questions about the nature of toleration in liberal society, but from an educational standpoint, the Mozert case led political theorists to consider what curricular content is appropriate for liberal political education, rather than on the practices that democratic citizens must cultivate. I turn to Hannah Arendt to offer a critical account of the liberal responses to Mozert and then call for a theory of democratic education that fosters practices of democratic decision-making and has, as its aim, not merely to foster respect for diversity, but to allow future citizens to practice critical engagement with diversity. (shrink)

Central to the concept of a learning organization is the ability to set up dialogues or conversational inquiries. But the techniques to accomplish this have nowhere in the literature been adequately described. This reduces the concept of a leaming organization to an unattainable ideal. These techniques were for ages, in the form of dialectic, an important instrument for investigation, until they were replaced by the formation of scientific theories. But several fundamental organizational problems cannot be solved by scientific knowledge. Therefore (...) dialectic remains a necessary instrument to start and structure processes of collective leaming. (shrink)

This volume contains an array of essays that reflect, and reflect upon, the recent revival of scholarly interest in the self and consciousness. Various relevant issues are addressed in conceptually challenging ways, such as how consciousness and different forms of self-relevant experience develop in infancy and childhood and are related to the acquisition of skill; the role of the self in social development; the phenomenology of being conscious and its metapsychological implications; and the cultural foundations of conceptualizations of consciousness. Written (...) by notable scholars in several areas of psychology, philosophy, cognitive neuroscience, and anthropology, the essays are of interest to readers from a variety of disciplines concerned with central, substantive questions in contemporary social science, and the humanities. (shrink)

Under the impact of cultural, economic and legislative forces the traditional role of the university health center is changing. The academic health center is rapidly evolving from a relatively undifferentiated general hospital, primarily responsible for the education of undergraduate students of medicine, into a center of clinical research, caring for very specialized mixes of patients, and having as its primary educational mission the training of subspecialists. The nature of the forces responsible for this change are analyzed, and some of its (...) possible consequences for the definition of quality health care, for the shape of medical practice and medical education, and for the allocation of resources for health care are explored. This exploration suggests that the functional separation of the medical school from the highly technical, clinical research center is inevitable. This in turn may exacerbate tensions within medicine between the physician as scientist and as healer, between curative and preventive practice and between personal and public health. Although the effects of this separation on medical education remain obscure, it has already occasioned the most comprehensive review of the medical curriculum since the time of Flexner. Out of this is likely to develop a more generalist view of the education of future physicians. (shrink)

Performance on working memory (WM) tasks may partially be supported by long-term memory (LTM) processing. Hence, brain activation recently being implicated in WM may actually have been driven by (incidental) LTM formation. We examined which brain regions actually support successful WM processing, rather than being confounded by LTM processes, during the maintenance and probe phase of a WM task. We administered a four-pair (faces and houses) associative delayed-match-to-sample (WM) task using event-related fMRI and a subsequent associative recognition LTM task, using (...) the same stimuli. This enabled us to analyze subsequent memory effects for both the WM and the LTM test by contrasting correctly recognized pairs with incorrect pairs for either task. Critically, with respect to the subsequent WM effect, we computed this analysis exclusively for trials that were forgotten in the subsequent LTM recognition task. Hence, brain activity associated with successful WM processing was less likely to be confounded by incidental LTM formation. The subsequent LTM effect, in contrast, was analyzed exclusively for pairs that previously had been correctly recognized in the WM task, disclosing brain regions involved in successful LTM formation after successful WM processing. Results for the subsequent WM effect showed no significantly activated brain areas for WM maintenance, possibly due to an insensitivity of fMRI to mechanisms underlying active WM maintenance. In contrast, a correct decision at WM probe was linked to activation in the “retrieval success network” (anterior and posterior midline brain structures). The subsequent LTM analyses revealed greater activation in left dorsolateral prefrontal cortex and posterior parietal cortex in the early phase of the maintenance stage. No supra-threshold activation was found during the WM probe. Together, we obtained clearer insights in which brain regions support successful WM and LTM without the potential confound of the respective memory system. (shrink)

Biomedicine is a global enterprise constructed upon the belief in the universality of scientific truths. However, despite huge scientific advances over recent decades it has not been able to formulate a specific and universal definition of death: In fact, in its attempt to redefine death, the concept of death appears to have become immersed in ever increasing vagueness and ambiguity. Even more worrisome is that bioethics, in the form of principlism, is also endeavouring to become a global enterprise by claiming (...) neutrality. It appears that the discourse within both disciplines have similarly manipulated the boundaries of death to include the “dying”. This paper argues that the redefinition of death debate in biomedicine reveals a concept of personhood which is profoundly western in origin and which is in accordance to the concept adhered to within principlism. Biomedicine and bioethics do not appear to acknowledge the limitations of their own world view and hence lack an understanding of their applicability and appropriateness in diverse social and cultural contexts; a situation which adds credence to claims as to the hegemonic and imperialistic nature of all such global enterprises. (shrink)

Contemporary scholarship interprets Sergej Bulgakov's sophiology as an engagement of Orthodox theology with the modern world and as being on its way to becoming a political theology. In this paper I undertake a re-evaluation of the kind of engagement sophiology was and was intended to be, and of the kind of world it was destined for. It will be argued that sophiology was not so much a political-theological engagement with the world concentrating on the relation of religion and politics or (...) state and church, but rather an economic-theological engagement in the tradition of oikonomia theology that tried to understand the world in its relation to and as part of divine oikonomia. Furthermore, the world sophiology promotes engagement with is not only the real contemporary world, or the sociological ideal type of modernity, but primarily the world as such, this secular and human world over and against the divine and transcendent world. (shrink)

This paper examines the institutional mechanisms supporting the ethical oversight of human participant research conducted by the United Nations (UN). The UN has served an instrumental role in shaping international standards on research ethics, which invariably require ethical oversight of all research studies with human participants. The authors’ experiences of conducting research collaboratively with UN agencies, in contrast, have led to concern that the UN frequently sponsors, or participates in, studies with human participants that have not received appropriate ethical oversight. (...) It is argued that the institutional mechanisms in place to prevent research with human participants from being undertaken by the UN without ethical oversight do not, at present, extend substantively beyond the provision of guidelines and online training offered by a minority of UN bodies. The WHO and UNICEF are identified as notable exceptions, having implemented various measures to prevent health research with human participants from being undertaken without ethical oversight. Yet, it is highlighted that the WHO and UNICEF are not the only UN bodies that undertake health research with human participants and there are countless actors under the umbrella of the UN system that are regularly involved in non-health research with human participants. Arguments for the pursuit of the highest standard of ethical oversight by UN bodies are presented. Moving forward, the paper asks the question: is it time for the UN to set the standards for the oversight of ethical oversight? (shrink)

Aan de hand van het meesterwerk van Bach reflecteert Kessels op zijn eigen leven. Hij verbindt de wendingen, kenteringen, harmonie en disharmonie uit Bachs muziek aan episodes uit zijn persoonlijke geschiedenis. Het gevolg van Kessels' zoektocht is dat de lezer onwillekeurig ook over het eigen leven gaat nadenken. Het ogenschijnlijk particuliere project van 'Het welgetemperde gemoed' krijgt zo een universele zeggingskracht.0Kessels laat zien hoe hij streeft naar harmonie en verzoening van tegenstellingen, zich verdiept in de klassieke filosofie, de ideeënleer ontdekt (...) en zich als filosoof op de markt begeeft om het 'ideeënkijken' in praktijk te brengen. Hij is een denker die doener wil zijn, een gespletene die een geheel wil worden, een sterveling die het goddelijke zoekt. Hij wil zelf muziek worden, het eigen gemoed en dat van anderen temperen, zoals Bach het getemperde klavier laat klinken. Maar uiteindelijk blijkt dat het zuivere ideaal nooit te realiseren is: mensen zijn nu eenmaal zot en troebel. Muziek kan alleen een spiegel zijn. (shrink)

These inquiries into villainification offer powerful insights for teaching about historical wrongdoing in more nuanced ways. Includes topics related to U.S. politics, financial education, Holocaust education, difficult histories, apocalypse fiction, the Marvel Cinematic Universe, technology use, LGBTQ school experiences, rape culture, geographies of invasion, and the female body.