Dans le cadre de la collecte des corpus oraux et multimodaux en Sciences Humaines et Sociales (SHS), le respect de l’application du nouveau Règlement Général sur la Protection des Données à caractère personnel provoque un profond bouleversement dans l’organisation et les méthodes de travail des chercheurs. C’est aussi le cas de la Loi Jardé, relative aux recherches impliquant la personne humaine, qui a étendu la notion de protection des personnes au-delà du champ de la recherche biomédicale. Ces deux importants (...) changements de cadre législatif obligent aujourd’hui la communauté scientifique à s’interroger à la fois sur la protection de la personne et sur la protection des données à caractère personnel.En définitive, avant d’initier un travail de recherche, un important travail de réflexion et d’actions est à mettre en place pour collecter des données dans le respect de la réglementation de protection des données et du cadre législatif de protection de la personne humaine. Identifier les difficultés pour envisager les solutions les plus adaptées est la mission que s’est fixée le groupe de réflexion constitué autour de la question « éthique » au Laboratoire Parole et Langage (LPL 2020). Nous proposerons dans cet article les réflexions argumentées de notre groupe sur l’impact de ces nouvelles réglementations sur les recherches en linguistique. (shrink)

This book offers a systematic attempt to explore the point of convergance between feminist theory and the work of Michel Foucault.

This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.

This book offers a systematic attempt to explore the point of convergance between feminist theory and the work of Michel Foucault.

This book reassesses theories of agency and gender identity against the backdrop of changing relations between men and women in contemporary societies.

Schlusslogische Letztbegründung is a collection of essays in honor of Kurt Walter Zeidler. Mr. Zeidler is a distinguished Kant- and Neo-Kantian-scholar who has reconstructed Kant's concept of transcendental logic in connection with the logic of the concept of Hegel and the logic of symbolization of Peirce. (cf. Zeidler: Grundriss der transzendentalen Logik, 3rd ed., Wien 2017) He has most notably inquired intensively into the relation of transcendental logic to philosophy of science (cf. Zeidler: Prolegomena zur Wissenschaftstheorie, Wien 2000) and to (...) phenomenology (cf. Zeidler: Vermittlungen. Zum antiken und neueren Idealismus, Wien 2016). He has also published several studies on Neo-Kantianism (cf. Zeidler: Provokationen. Zu Problemen des Neukantianismus, Wien 2018). This is refelected in the collection of essays by distinguished scholars who discuss and critically examine Zeidler's work. It includes contributions by Steinar Mathisen (Oslo), Wolfdietrich Schmied-Kowarzik (Vienna), Werner Flach (Lichtenau), Thomas Knoppe (Straberg), Geert Edel (Wyk/Föhr), Martin Bunte (Münster), Reinhard Hiltscher (Dresden), Walter Tydecks (Bensheim), Christian Krijnen (Amsterdam), Hartwig Wiedebach (Zürich), Max Gottschlich (Linz), Thomas Sören Hoffmann (Hagen), Rudolf Meer (Kaliningrad), Hans-Jürgen Müller (Frankfurt am Main), Robert König (Vienna), Ulrich Blau (Marburg), Karen Gloy (Luzern/Munich), Reinhold Breil (Aachen), Erhard Oeser (Vienna), Hans-Dieter Klein (Vienna), Hans Martin Dober (Tübingen), Kurt Walter Zeidler (Vienna) and Lois Marie Rendl (Vienna). (shrink)

: Dr. Smith is an internist in private practice who works at an inner city clinic affiliated with a university hospital. He is also a member of the university faculty. Many of Dr. Smith’s patients have type 2 diabetes mellitus and struggle with health care and other costs. Thinking about opportunities to better serve his patients and advance his career, Dr. Smith considers conducting clinical research in his office. ACME is a respected pharmaceutical company that for decades has engaged in (...) research, development, and production of widely used drugs. Several of ACME’s oral agents for type 2 diabetes will soon go off patent. In an effort to retain its market share in this class of drugs, ACME wants to complete clinical trials expeditiously and obtain approval for its new oral hypoglycemic medicine. The company approaches Dr. Smith to be a coinvestigator in its multicenter clinical trial. (shrink)

"Foucault: A Critical Introduction offers a comprehensive and accessible introduction to the work of one of the twentieth century's most influential thinkers. Unlike most books on Foucault, this book offers an assessment of all Foucault's work, including his final writings on governmentality and the self. McNay argues that the later work initiates an important shift in his intellectual concerns which alters any retrospective reading of his writings as a whole." "Throughout, McNay is concerned to assess the normative and political implications (...) of Foucault's social criticism. She goes beyond the level of many commentators to look at the values from which Foucault's work springs, and reveals the implicit assumptions underlying his social critique. McNay also discusses Foucault's position in the modernity/postmodernity debate, his own ambivalence toward Enlightenment thought and his place in recent developments in feminist and cultural theory. The result is an invaluable book which clearly outlines the central themes of Foucault's work, while offering a fresh appraisal of his thought."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Embedded pragmatic clinical trials (PCTs), like other types of randomized comparative-effectiveness research (CER) studies, are sometimes conducted without informed consent. Indeed, authors of both...

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

i Performing Psychology /i consists of essays and stage plays by and about Fred Newman, the controversial American philosopher, psychotherapist, playwright and ...

Many current abortion regulations represent an over-medicalization of abortion or a corruption of abortion's true medical nature, with disproportionate consequences to women with lower incomes and lesser means. This article explores the effects of unnecessary and harmful abortion restrictions on women living in poverty. A brief summary of the major abortion rights cases explains how the Constitution, as currently interpreted, vests the government and sometimes the medical profession with the power to protect women's health, rather than granting this power to (...) women themselves. The article then argues for a new approach for protecting women's health and respecting their dignity by reframing reproductive rights as health rights that women themselves can assert. (shrink)

In this paper we argue that transparency of machine learning algorithms, just as explanation, can be defined at different levels of abstraction. We criticize recent attempts to identify the explanation of black box algorithms with making their decisions (post-hoc) interpretable, focusing our discussion on counterfactual explanations. These approaches to explanation simplify the real nature of the black boxes and risk misleading the public about the normative features of a model. We propose a new form of algorithmic transparency, that consists in (...) explaining algorithms as an intentional product, that serves a particular goal, or multiple goals (Daniel Dennet’s design stance) in a given domain of applicability, and that provides a measure of the extent to which such a goal is achieved, and evidence about the way that measure has been reached. We call such idea of algorithmic transparency “design publicity.” We argue that design publicity can be more easily linked with the justification of the use and of the design of the algorithm, and of each individual decision following from it. In comparison to post-hoc explanations of individual algorithmic decisions, design publicity meets a different demand (the demand for impersonal justification) of the explainee. Finally, we argue that when models that pursue justifiable goals (which may include fairness as avoidance of bias towards specific groups) to a justifiable degree are used consistently, the resulting decisions are all justified even if some of them are (unavoidably) based on incorrect predictions. For this argument, we rely on John Rawls’s idea of procedural justice applied to algorithms conceived as institutions. (shrink)

The physician-researcher conflict of interest, a long-standing and widely recognized ethical challenge of clinical research, has thus far eluded satisfactory solution. The conflict is fairly straightforward. Medical research and medical therapy are distinct pursuits; the former is aimed at producing generalizable knowledge for the benefit of future patients, whereas the latter is aimed at addressing the individualized medical needs of a particular patient. When the physician-researcher combines these pursuits, he or she serves two masters and cannot — no matter how (...) well-intentioned — avoid the risk of compromising the duties owed in one of the professional roles assumed. Because of the necessary rigidity of a research protocol, the more demanding of the two masters is frequently the research.The problem of the physician-researcher conflict has been evident since the first attempts to regulate human research in the United States. Otto E. Guttentag, a physician at the University of California School of Medicine in San Francisco, addressed the conflict in a 1953Sciencemagazine article. (shrink)

The physician-researcher conflict of interest has thus far eluded satisfactory solution. Most attempts to deal with it focus on improving informed consent. But those attempts are not successful and may even make things worse. Research subjects are already voluntarily undertaking the risks of research — we should not ask them to go it alone — to undergo medical “treatment” without medical “care.” The only effective solution is that in much clinical research, each research subject should have a doctor independent from (...) the research study. (shrink)

There is a need to feminize the research on entrepreneurs — to include the experiences of women in what we know to be true about entrepreneurs and the entrepreneurial process. This paper highlights some of the most significant methodological problems in researching women's entrepreneurial experience, problems which in the past, have prevented researchers from gaining an understanding of this experience, and which continues to stand in the way of developing female perspectives. Instead of using the existing male-based models, new approaches (...) are called for in incorporating women's experiences into entrepreneurship theory. This paper outlines the state of research and suggests future directions for developing research on women as entrepreneurs. (shrink)

The AHP Code of Ethics requires members to serve the best interests of their clients, be clear and honest with them, and keep their secrets confidential. Members pledge to represent their skills and qualifications honestly and to make appropriate referrals to others more qualified when out of their depth.AHP stands for “Associated Hair Professionals,” or hair stylists, but their Code of Ethics looks a lot like the Hippocratic Oath and the current Principles of Medical Ethics of the American Medical Association. (...) All of these ethics statements emphasize honesty, confidentiality, competence, serving patients’ best interests, and willingness to refer to other qualified professionals. But it’s not just doctors and hair professionals who have Codes of Ethics. The SPCP — Society of Permanent Cosmetic Professionals —requires its members to “maintain high professional standards consistent with sound practices,” “conduct business relationships in a manner that is fair to all,” and avoid false or misleading statements to the effect that the application of permanent makeup is not tattooing, not permanent, and not painful. (shrink)

The medical profession has a tradition of presenting itself as exceptionally altruistic. This article challenges the idea that physicians are, or should be, more altruistic than other professionals or other people, and goes so far as to posit that even a professional aspiration of altruism can have negative consequences.

This paper explains why informed consent for randomized comparative effectiveness research must include risks of standard care. Disclosures of such risks are both legally and ethically required and, for reasons discussed in the paper, should remain so.

This article argues that the failure of certain theories of reflexive identity transformation to consider more fully issues connected to gender identity leads to an overemphasis on the expressive possibilities thrown up by processes of detraditionalization. By ignoring certain deeply embedded aspects, some theories of reflexive change reproduce the `disembodied and disembedded' subject of masculinist thought. The issues of disembodiment and disembeddedness are explored through a study of the work of Pierre Bourdieu on `habitus' and the `field'. The idea of (...) habitus yields a more dynamic theory of embodiment central to a feminist understanding of gender identity as a durable but not immutable norm. The idea of the `field' provides a more differentiated analysis of the social context in which the reflexive transformation of gender identity unfolds. This in turn offers a way of thinking of possible transformations within gender identity as uneven and non-synchronous phenomena. (shrink)

Recent epidemiological reports of associations between socioeconomic status and epigenetic markers that predict vulnerability to diseases are bringing to light substantial biological effects of social inequalities. Here, we start the discussion of the moral consequences of these findings. We firstly highlight their explanatory importance in the context of the research program on the Developmental Origins of Health and Disease (DOHaD) and the social determinants of health. In the second section, we review some theories of the moral status of health inequalities. (...) Rather than a complete outline of the debate, we single out those theories that rest on the principle of equality of opportunity and analyze the consequences of DOHaD and epigenetics for these particular conceptions of justice. We argue that DOHaD and epigenetics reshape the conceptual distinction between natural and acquired traits on which these theories rely and might provide important policy tools to tackle unjust distributions of health. (shrink)

The concept of the digital phenotype has been used to refer to digital data prognostic or diagnostic of disease conditions. Medical conditions may be inferred from the time pattern in an insomniac’s tweets, the Facebook posts of a depressed individual, or the web searches of a hypochondriac. This paper conceptualizes digital data as an extended phenotype of humans, that is as digital information produced by humans and affecting human behavior and culture. It argues that there are ethical obligations to persons (...) affected by generalizable knowledge of a digital phenotype, not only those who are personally identifiable or involved in data generation. This claim is illustrated by considering the health-related digital phenotypes of precision medicine and digital epidemiology. (shrink)

The relation between leibniz's logical and his metaphysical views is the subject of much modern scholarship. Some commentators have argued that his metaphysics is based on his logic; others have taken the opposite position. However, Both sides pose the question in terms of 'priority'. On the contrary, I argue that it is likely that leibniz means the psr to play "both" a logical and a metaphysical role. The ambiguity of leibniz's psr indicates that he equates the metaphysical notion of causation (...) with the logical notion of deduction. The psr's ambiguity results less from any confusion on leibniz's part between the notions of cause and reason, Than from his desire to identify logic and metaphysics. That identity is achieved not by reducing one to the other, But by incorporating them on an equal basis into a single discipline. (shrink)

Innovations in science and technology are often the source of public concern, but few have generated debates as intense and at the same time with such a popular fascination as those surrounding genetic technologies. Unequal access to preimplantation diagnosis could give some individuals the opportunity to select children with more advantageous predispositions.

Here, we provide an ethical analysis of discrimination in private insurance to guide the application of non-discriminatory algorithms for risk prediction in the insurance context. This addresses the need for ethical guidance of data-science experts, business managers, and regulators, proposing a framework of moral reasoning behind the choice of fairness goals for prediction-based decisions in the insurance domain. The reference to private insurance as a business practice is essential in our approach, because the consequences of discrimination and predictive inaccuracy in (...) underwriting are different from those of using predictive algorithms in other sectors. Here we focus on the trade-off in the extent to which one can pursue indirect non-discrimination versus predictive accuracy. The moral assessment of this trade-off is related to the context of application—to the consequences of inaccurate risk predictions in the insurance domain. (shrink)

Introduction to the Ethical Perspectives Theme Issue (19/1) on Genetics and Justice, with contributions by Greg Bognar, David Hunter, Michele Loi, Oliver Feeney, Vilhjálmur Arnason, Durnin et al.

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

This paper evaluates four recent randomized clinical trials in which the informed consent of participants was either not sought at all, or else was conducted with critical information missing from the consent documents. As these studies have been taking place, various proposals to conduct randomized clinical trials without consent have been appearing in the medical literature. Some of the explanations offered for why it is appropriate to bypass consent or disclosure requirements appear to represent a fundamental misunderstanding of applicable government (...) regulations and even the research enterprise. Others are the result of conceptual disagreements about the importance and application of traditional research ethics norms to ‘comparative effectiveness research’ and modern research environments. Common among these explanations, however, is a failure to appreciate when a research intervention, rather than merely an observation or review of data, is taking place. Review committees and investigators are failing to see, or choosing to ignore, interventions in the lives of research subjects. When these studies have come to light, government agencies with oversight authority have done little or backed down. Prestigious medical journals have published research results knowing that the required consent was not obtained, or they have stood by the published studies even after the inadequacy of consent is discovered. This article critically examines this erosion of consent in theory and practice and calls for restoring the requirement of informed consent to its proper place as a priority in human subjects research. (shrink)

We explore the extent to which Boards use executive compensation to incite firms to act in accordance with social and environmental objectives (e.g., Johnson, R. and D. Greening: 1999, Academy of Management Journal 42(5), 564-578; Kane, E. J.: 2002, Journal of Banking and Finance 26, 1919-1933.). We examine the association between executive compensation and corporate social responsibility (CSR) for 77 Canadian firms using three key components of executives' compensation structure: salary, bonus, and stock options. Similar to prior research (McGuire, J., (...) S. Dow and K. Argheyd: 2003, Journal of Business Ethics 45(4), 341-359), we measure three different aspects of CSR, which include Total CSR as well as CSR Strengths and CSR Weaknesses. CSR Strengths and CSR Weaknesses capture the positive and negative aspects of CSR, respectively. We find significant positive relationships between: (1) Salary and CSR Weaknesses, (2) Bonus and CSR Strengths, (3) Stock Options and Total CSR; and (4) Stock Options and CSR Strengths. Our findings suggest the importance of the structure of executive compensation in encouraging socially responsible actions, particularly for larger Canadian firms. This in turn suggests that executive compensation can be an effective tool in aligning executives' welfare with that of the "common good", which results in more socially responsible firms (Bebchuk, L., J. Fried and D. Walker: 2002, The University of Chicago Law Review 69, 751-846; Zalewski, D.: 2003, Journal of Economic Issues 37(2), 503-509). In addition, our findings suggest the importance of institutional context in influencing the association between executive compensation and CSR. Further implications for practice and research are discussed. (shrink)

In today’s multi-cultural world and global economy, attention is often focused on the diversity of cultural values and practices and the need for management approaches to take these differing cultural environments into account. While there is much to be valued in this approach, the focus is often on how to navigate through distinct cultural practices in order to achieve a singular business aim, which falls within the current neoliberal paradigm of global trade. In addition, by focusing on differences in cultural (...) practices, rather than on similarities in underlying values, this approach fails to utilize an important way to achieve a greater degree of global integration in management. Despite striking cultural differences, it is possible to identify some enduring values that underlie what often appear to be quite discrete value paradigms, especially by looking at value paradigms that have endured for centuries, even millennia. This paper proposes to explore the values embedded in two such value paradigms or religious traditions, zen buddhism and Judaism, describing crucial core values in each and comparing and contrasting their ethical frameworks, in order to be able to evaluate their utility in today’s world and especially their significance for creating a more holistic, inclusive, and responsible management framework. The paper will begin by explicating the set of foundational values in each religious tradition. For example, zen buddhism, especially as expressed by Vietnamese monk Thich Nhan Hanh, utilizes the concepts of engaged mindfulness and inter-being to demonstrate the ways in which all global issues are linked together, and the collective responsibility that all humans bear for the state of our planet and the beings who live on it. This approach is inherently holistic and inclusive, and requires a management approach that takes into account the moral responsibility that we all carry. Likewise, the Jewish tradition, while using quite different terminology, also lays out a holistic and inclusive moral vision. Key concepts include the values of Tikkum Olam, to repair the world, and Tsedakah, which literally means justice or righteousness, but is commonly used to indicate charitable giving. The first value, to repair the world, emphasizes the collective moral responsibility to heal whatever damage has been done to the world in order to make the it a better place for all. It does not matter who has done the damage; what matters is each person’s obligation to improve the status quo, under the assumption that all our fates are linked together. The second value, justice and charity, is also considered to be a moral obligation, not simply a voluntary act of charity. The emphasis here is on anonymous giving, done in order to help others and without any expectation of receiving some benefit, such as positive publicity. As a moral obligation, it is not something that one should benefit from. Thus, the concept of tsekakah also emphasizes the inter-connectedness of all humanity. In addition, in the Torah, there are a series of rules about how to deal with others in business as well as the obligation, during harvest-time, to leave some grain in the fields for the less fortunate. In all, we see a focus on being mindful of others, on seeing our fates as interconnected, as in zen buddhism. The last section of the paper will explore some of the ways in which these moral imperatives can be utilized to undergird and buttress a more holistic, inclusive and responsible management approach. Some management models already include moral imperatives, such as corporal social responsibility, and this section will explore in greater detail how the above concepts have been more fully integrated into current management models. (shrink)

Digital apps using Bluetooth to log proximity events are increasingly supported by technologists and governments. By and large, the public debate on this matter focuses on privacy, with experts from both law and technology offering very concrete proposals and participating to a lively debate. Far less attention is paid to effective incentives and their fairness. This paper aims to fill this gap by offering a practical, workable solution for a promising incentive, justified by the ethical principles of non-maleficence, beneficence, autonomy (...) and justice. This incentive is a free phone optimised for running such app. (shrink)