One way to seek to reduce the risk of potential offenders engaging in certain types of crime in a public or semi-public area is to make it much more difficult, or even impossible, for them to gain access to the area in question and subject them to a sanction if they do enter the area. This paper considers whether preventive exclusion of this kind should be considered a pro tanto morally impermissible means of crime prevention because it violates (...) the agency of those excluded. Several variants of this agency objection to preventive exclusion are identified and critically assessed. It is argued that none persuasively show preventive exclusion to be pro tanto morally wrong. (shrink)

When life-saving medical resources are scarce and not everyone can be saved, is the only relevant goal saving the most lives? Or can other factors be considered, at least as tiebreakers, such as how early in life the people we don't save will die or how much future life they are likely to lose? This commentary defends a multiprinciple allocation approach that considers objectives in addition to saving more lives, including preventing early death and preventing harm in the form of (...) lost future life. Particularly compared to an arbitrary, coin-flip tiebreaker, this multiprinciple approach more effectively prevents harm, prioritizes the worst-off, mitigates socioeconomic and racial health disparities, and tracks public values regarding allocation under scarcity—and is legally sound. -/- . (shrink)

In their recent paper‘Undue inducement: a case study in CAPRISA 008’, Mngadi et al conclude that a participant in an HIV prevention study who deliberately concealed her pregnancy was not ‘unduly induced’ to participate by the offer of an experimental product. This paper argues that while the authors’ conclusion is sound, the framing of this case study is consistent with the preoccupation in research ethics with the concept of undue inducement, coupled with a highly risk-averse attitude to pregnancy. We suggest (...) that the critical research ethics question raised by Mngadi et al ’s case study is not ‘undue inducement’, but the exclusion of pregnant women from research studies where the risks are acceptable to the potential participant, and benefits likely. We also suggest that current regulatory paradigms regarding pregnancy are both overly paternalistic and value the fetus over the mother. In order to ensure timely provision of new HIV prevention agents, we argue that there is a need for expeditious testing of proven effective agents in pregnancy, with due consideration given to situations where preliminary efficacy data exist but fall short of licensure standards. This requires a paradigm shift from researchers, funders, regulators and ethical review bodies towards practices that critically examine the legitimacy of the exclusion of pregnant women on a study-by-study basis. (shrink)

Affect misattribution occurs when affective cues color subsequent unrelated evaluations. Research suggests that affect misattribution decreases when one is aware that affective cues are unrelated to the evaluation at hand. We propose that affect misattribution may even occur when one is aware that affective cues are irrelevant, as long as the source of these cues seems ambiguous. When source ambiguity exists, affective cues may freely influence upcoming unrelated evaluations. We examined this using an adapted affect misattribution procedure where pleasant and (...) unpleasant responses served as affective cues that could influence later evaluations of unrelated targets. These affective cues were either perceived as reflecting a single source , or as reflecting two sources suggesting source ambiguity. Results show that misattribution of affect decreased when participants perceived affective cues as representing one source rather than two. (shrink)

The phenomenon of transnational families is a topical issue on the European Union's family policy agenda, especially in the context of the Sustainable Development Goals and the Europe 2020 Strategy. Romania, not only as a member state of the European Union, but also as a country directly affected by the scale of this phenomenon, must include in the public family policy the issue of transnational families and provide solutions for these families. Starting from the identification of the risk factors faced (...) by children whose parents are working abroad, the article proposes a critical analysis of existing programs and measures in national legislation aimed at preventing and combating the social exclusion of Romanian children from transnational families. The results of the SWOT analysis carried out indicate a number of shortcomings in covering the risk situations of these vulnerable children, the access to education and a good start in the life of these children being quite affected. The obtained results have implications at the level of decision-makers, helping to improve the efficiency of measures and programs for the left behind children and transnational Romanian families. (shrink)

Political exclusion on grounds of incapacity is the primary remaining source of exclusion from the franchise. It is appealed to by states and theorists alike to justify excluding young people and many people with cognitive disability from the franchise. Defenders of this exclusion claim that no wrong is done by this exclusion and that states gain some significant benefits from this restricting of the franchise. I have argued elsewhere that political exclusion as currently practiced in (...) modern liberal democratic states in fact causes significant harms, as it excludes some people who have the relevant capacity for political participation. Here, I argue that the exclusion of incapable actors prevents no significant harms to democratic outcomes, and that it confers no significant democratic benefits on the states practising this exclusion. As such, I argue that we ought to heavily modify and perhaps even abandon the capacity standard for political inclusion. (shrink)

Deliberative democratic theorists typically use accounts of public reason— that is, constraints on the types of reasons one can invoke in public, political discourse—as a tool to resist political exclusion; at its most basic level, the aim of a theory of public reason is to prevent situations in which powerful majority groups are able to justify policy choices based on reasons that are not even assessable by minority groups. However, I demonstrate here that a type of exclusion I (...) call "conceptual exclusion" complicates this picture. I argue that the possibility of conceptual exclusion creates the potential for public reason constraints to further exclude already marginalized groups— contrary to the standard view—and thus that taking conceptual exclusion seriously requires both a revision of traditional accounts of public reason and a reconceptualization of our civic obligations. (shrink)

Driven by concern about the suffering of animals in nature, Christopher Belshaw (2016) argued that if we were exclusively concerned with these animals’ good, we should reduce the number of free-living animals. We should prevent free-living animals from coming into existence and, if this is not possible, we should painlessly end their lives as soon as we can. This holds, according to Belshaw, even if the future lives of these animals would contain much more enjoyment than suffering. Belshaw’s argument rests (...) on two premises. First, he assumes that death does not harm an animal in a way that matters. Second, he takes it that most free-living animals lead a life of uncompensated suffering because the enjoyments in an animal’s life, even if more predominant, cannot outweigh the animal’s suffering. Therefore, since uncompensated suffering exists in about every animal’s life and matters morally and killing the animal does not harm the animal in a way that matters, killing the animal is an appropriate intervention with the aim of preventing its suffering. This article criticizes both assumptions of Belshaw’s argument and shows that his conclusion is insufficiently supported. (shrink)

Political neutrality, conceived of as the exclusion of ideals, prevents governments from acting for reasons, which appeal to conceptions of the good, whether valid or invalid. Such a position relies on an elusive distinction between one part of morality, the good, and another, the right. Political welfarism, which allows governments to act specifically to increase want satisfaction, is mistaken in regarding want satisfaction as an intrinsic good. The Nozickean style aversion to coercion cannot be effectively grounded in autonomy, since (...) no agents enjoy complete autonomy, and not only human intervention but also nature can restrict autonomy. (shrink)

This paper problematizes the precision medicine approach embraced by the All of Us Research Program (US) and by Genomics England (UK) in terms of benefits distribution, by arguing that current “diversity and inclusion” efforts do not prevent exclusiveness, unless the framing and scope of the projects are revisited in public health terms. Grounded on document analysis and fieldwork interviews, this paper analyzes efforts to address potential patterns of exclusion upstream (from participating in precision medicine research) and downstream (from benefitting (...) from precision medicine outputs). It argues that efforts for inclusion upstream are not corresponded downstream, and this unbalance jeopardizes the equitable capacities of the projects. It concludes that enhanced focus on socio-environmental determinants of health and aligned public health interventions as precision medicine outputs would be to the benefit of all and especially of those who are most at risk of (upstream as well as downstream) exclusion. (shrink)

This paper examines perspectives on student disaffection in education at the levels of culture and policy. It considers the balance between punitive/exclusionary and therapeutic/restorative positions. The paper engages with concepts of retributive punishment (Murray, 2004a; 2004b), social welfare ideologies (Esping-Andersen, 1990) and discourses of social exclusion (Levitas, 1998). The conclusion is that policy choices are made about how disaffected, at risk young people are to be provided for, and these policy choices are not contained simply within an education policy (...) and practice setting. The policy responses emerge from national and local government decision-making. They correlate with national indicators of punitiveness in the criminal justice system and the scale of inequalities tolerated. Policies resonate with deep-seated cultural positions which are linked to the willingness to pay -- for prevention or for punishment -- and with the propensity to allocate blame either to individuals and families or to societal failures. Opportunities for intervention at points in the reinforcing cycle of punitiveness are indicated. (shrink)

The brain requires sustained interaction with a rich physical and social environment to stay healthy. Individuals without access to such enabling environments and who instead live and grow in disabling environments tend to have greater risk of developing dementia. But research and policymaking as regards dementia risk reduction have so far focused almost exclusively on the role of how individuals’ health behaviors change their risk profile. This exclusive focus on “lifestyle” is both ethically problematic and therapeutically inadequate. I highlight a (...) growing literature on three different kinds of deprivation, an independent and overlooked risk factor for dementia that invites upstream action against inequalities. Future prevention guidelines should include explicit mention of deprivation as a risk factor and be developed around the need to make society fairer. Meanwhile, interventions and discourse based on lifestyle modification should respect the principle of “no ought without support.”. (shrink)

Jaegwon Kim’s influential exclusion argument attempts to demonstrate the inconsistency of nonreductive materialism in the philosophy of mind. Kim’s argument begins by showing that the three main theses of nonreductive materialism, plus two additional considerations, lead to a specific and familiar picture of mental causation. The exclusion argument can succeed only if, as Kim claims, this picture is not one of genuine causal overdetermination. Accordingly, one can resist Kim’s conclusion by denying this claim, maintaining instead that the effects (...) of the mental are always causally overdetermined. I call this strategy the ‘ overdetermination challenge’. One of the main aims of this paper is to show that the overdetermination challenge is the most appropriate response to Kim’s exclusion argument, at least in its latest form. I argue that Kim fails to adequately respond to the overdetermination challenge, thus failing to prevent his opponents from reasonably maintaining that the effects of the mental are always causally overdetermined. Interestingly, this discussion reveals a curious dialectical feature of Kim’s latest response to the overdetermination challenge: if it succeeds, then a new, simpler and more compact version of the exclusion argument is available. While I argue against the consequent of this conditional, thereby also rejecting the antecedent, this dialectical feature should be of interest to philosophers on either side of this debate. (shrink)

Gambling self-exclusion agreements enable a person to have themselves prevented from gambling for some future period. In light of evidence of their effectiveness in helping problem gamblers manage their addiction, these agreements enjoy growing popularity. In particular, several jurisdictions now oblige gambling operators to offer self-exclusion to their clientele. If self-exclusion has a unique value that is distinct from paternalistic measures, such as forced exclusion, it is surely because it prizes the gambler’s autonomy. In this article, (...) however, I will argue that self-exclusion’s theoretical basis cannot, in fact, be found in a procedural theory of autonomy that only regards agents’ own values and decisions. Rather, I will contend that if agents may bind their future selves in only some ways—for example, by preventing themselves from gambling but not preventing themselves from self-excluding or selling themselves into slavery—it can only be because of a normative, substantive claim. (shrink)

The paper makes use of two frameworks to develop a discussion on the merits of delaying agreement in partnership contexts. The first framework — the Arenas of Power — is helpful in understanding the different contexts in which negotiation and discussion take place. Four Arenas are identified, depending on the potential for agreement between parties who may hold very different worldview perspectives, and the power distribution between the various parties involved. Each leads to different ways of working, and to different (...) goals in terms of what can constructively be agreed and what could prove false or artificial. The second framework develops the idea of alethic pluralism through the use of Wilber’s four quadrants. The two frameworks are then related to four processes taken by ‘alternative’ systems of knowledge which illustrate examples of how things play out in and between the Arenas: annihilation, systematic exclusion/segregation, assimilation, and integration/accommodation. Several approaches are then outlined which can be used in these Arenas. They include Drama Theory (a development of Games Theory which has proved particularly useful in settings where there are dilemmas facing the parties which cannot be resolved through rational analysis), Principled Negotiation and Whole Systems Interventions. A number of practical examples are given which develop and enrich the argument, including cases where delaying agreement has proved beneficial, and cases where premature agreement has proved problematic. (shrink)

S. C. Gibb holds that some mental events enable physical events to take place by acting as ‘double preventers’ which prevent other mental events from effecting change in the physical domain. She argues that this enables a dualist account of psychophysical interaction consistent with the causal relevance of mental events, their distinctness from physical events, the causal closure of the physical and the exclusion of systematic overdetermination. While accepting the causal powers metaphysic, this paper argues that: Closure is maintained (...) only on the assumption of an implausible pre-ordained harmony between preventing and double-preventing mental events. Distinctness is preserved only at the cost of positing brute unexplained powers of mental and physical events to causally interact with each other. Exclusion is systematically violated in a substantial number of everyday cases. The case for Relevance made by the Double Prevention model is accordingly too weak to sustain a dualist approach to mental causation. (shrink)

Chronobiologists argue that their scientific findings have implications for prevention of sleep problems. They claim that some sleep problems are caused by the fact that people live against their individual body clock rather than adjusted to it. They also claim that by taking the findings of chronobiology seriously in policy-making some sleep problems can be prevented. I investigate applications of chronobiology in two social areas—school schedules and shift work—and show that in order for these applications to be justified certain implicit (...) presumptions have to be justified. The first presumption is explanatory, namely that a chronobiological explanation is an adequate explanation of the sleep problems at hand. In addition I analyse three ethical presumptions. The first ethical presumption is that sleep is of vital value. The second is that sleep is not an exclusively private issue. The third ethical presumption is that the preventive measures to be undertaken are ethically acceptable. My main point is that it is not possible to simply “read off” policy measures from the empirical findings of chronobiology. (shrink)

Friendship and romantic love are, by their very nature, exclusive relationships. This paper sug- gests that we can better understand the nature of the exclusivity in question by understanding what is wrong with the view of practical reasoning I call the Comprehensive Surveyor View. The CSV claims that practical reasoning, in order to be rational, must be a process of choosing the best available alternative from a perspective that is as detached and objective as possible. But this view, while it (...) means to be neutral between various value-bearers, in fact incorporates a bias against those value-bearers that can only be appreciated from a perspective that is not deta- ched—that can only be appreciated, for instance, by agents who bear long-term commitments to the values in question. In the realm of personal relationships, such commitments tend to give rise to the sort of exclusivity that characterizes friendship and romantic love; they prevent the agent from being impartial between her beloved’s needs, interests, etc., and those of other per- sons. In such contexts, I suggest, needs and claims of other persons may be silenced in much the way that, as John McDowell has suggested, the temptations of immorality are silenced for the virtuous agent. (shrink)

Data exclusivity is a temporary exclusive user right on the clinical data that need to be submitted to the regulatory authorities to prove that a new drug is safe and effective. For the pharmaceutical industry, data exclusivity is an important addition to the patent system, as data exclusivity will de facto delay the market entry of generic drugs until after the exclusive user rights on the clinical data have expired. In order to assess the normative legitimacy of the industry’s demand (...) to include minimum standards for data exclusivity in international agreements, this chapter evaluates the three justifications that have frequently been advanced, depicting data exclusivity as an essential policy tool to promote innovation, a mechanism to prevent the generic industry from ‘free-riding,’ and a legal instrument to protect the industry’s property rights in clinical data. (shrink)

Historically Wales has been regarded as a country with relatively low levels of school exclusion, particularly in comparison with England. This has been used as an indicator of Wales’ commitment to the UN Convention on the Rights of the Child, which foregrounds a rights-based agenda that would argue school exclusion is a consequence of broader socio-economic structures than individual actions. However, simple analyses may mask a different picture of school exclusions in Wales. In this article, we study more (...) detailed information on formal school exclusions by looking at ‘instances’ of school exclusion, which considers the frequency and length of formal school exclusions in Wales, and alongside recorded school absence. The article also demonstrates that the pupils ‘at risk’ of formal school exclusion varies by when they experience school exclusion during their educational lifecourse. The article concludes by highlighting that patterns of school exclusion are complex, and that interpretation of these patterns depends on what kind of measure of school exclusion is used. By publishing these results, the article hopes to persuade policymakers and practitioners to re-examine their processes of exclusion to ensure they are commensurate with the law and to prevent unnecessary school exclusions. (shrink)

Since the adoption of the WTO-TRIPS Agreement in 1994, there has been significant controversy over the impact of pharmaceutical patent protection on the access to medicines in the developing world. In addition to the market exclusivity provided by patents, the pharmaceutical industry has also sought to further extend their monopolies by advocating the need for additional ‘regulatory’ protection for new medicines, known as data exclusivity. Data exclusivity limits the use of clinical trial data that need to be submitted to the (...) regulatory authorities before a new drug can enter the market. For a specified period, generic competitors cannot apply for regulatory approval for equivalent drugs relying on the originator's data. As a consequence, data exclusivity lengthens the monopoly for the original drug, impairing the availability of generic drugs. This article illustrates how the pharmaceutical industry has convinced the US and the EU to impose data exclusivity on their trade partners, many of them developing countries. The key arguments formulated by the pharmaceutical industry in favor of adopting data exclusivity and their underlying ethical assumptions are described in this article, analyzed, and found to be unconvincing. Contrary to industry's arguments, it is unlikely that data exclusivity will promote innovation, especially in developing countries. Moreover, the industry's appeal to a property rights claim over clinical test data and the idea that data exclusivity can prevent the generic competitors from ‘free-riding’ encounters some important problems: Neither legitimize excluding all others. (shrink)

ABSTRACTIn this paper, I discuss my personal experience of the issues that can arise when adopting critical realism in academic contexts dominated by irrealist methodological approaches. I draw inspiration for my analysis from the concept of Gramscian hegemony and the concept of ‘authenticity’. These concepts are related because hegemonic processes prevent individuals from freely expressing themselves. In my case, academic hegemony has resulted in social pressure to sacrifice my authentic critical realist self in order to achieve academic success. I also (...) discuss groupthink dynamics, suggesting that they are a mechanism by which hegemony – and denial of individual authenticity – can be achieved. This paper is meant to be a theoretical and reflexive discussion, which could be the starting point for empirical studies investigating the situation of a critical realist in a hegemonic academic context. (shrink)

Friendship and romantic love are, by their very nature, exclusive relationships. This paper suggests that we can better understand the nature of the exclusivity in question by understanding what is wrong with the view of practical reasoning I call the Comprehensive Surveyor View. The CSV claims that practical reasoning, in order to be rational, must be a process of choosing the best available alternative from a perspective that is as detached and objective as possible. But this view, while it means (...) to be neutral between various value-bearers, in fact incorporates a bias against those value-bearers that can only be appreciated from a perspective that is not detached—that can only be appreciated, for instance, by agents who bear long-term commitments to the values in question. In the realm of personal relationships, such commitments tend to give rise to the sort of exclusivity that characterizes friendship and romantic love; they prevent the agent from being impartial between her beloved’s needs, interests, etc., and those of other persons. In such contexts, I suggest, needs and claims of other persons may be silenced in much the way that, as John McDowell has suggested, the temptations of immorality are silenced for the virtuous agent. (shrink)

Apoha theory could perhaps be understood as a part of the Buddhist program of emancipating people from the clutches of attachment. Diṅnāga and thereafter Dharmakīrti, when they developed their epistemology of perception, inference, and language, pointed out that through perception we are associated with unique particulars, which are momentary. We try to give an enduring status to them through thought and language by constructing universals. Thus, thought and language amount to false constructions, and they also mark our attachment to the (...) world. Hence, the realization that helps in preventing such an attachment would imply that inference and language do not really ‘refer to’ or ‘associate themselves with’ what is .. (shrink)

This article argues that uses of exclusion by schools in the United Kingdom (UK) often violate children’s moral rights. It contends that while exclusion is not inherently incompatible with children’s moral rights, current practice must be reformed to align with them. It concludes that as a non-punitive preventive measure, there may be certain circumstances in schools where it is necessary to exclude a child in order to safeguard the weighty interests of others in the school community. However, (...) reform is needed to ensure that exclusion is a measure of last resort, unjust discrimination is eliminated, appropriate and timely alternative provision is available, cultures of listening are developed, and blanket policies are removed. The argument is framed in terms of children’s weighty interests as identified in the United Nations Convention on the Rights of the Child. The moral bearing of these interests on UK schools is defended, and an overview of exclusion practices commonly used in UK schools is provided. Finally, the extent to which the use of exclusion in UK schools might violate the moral rights of the child is considered by evaluating empirically informed arguments for and against such policies couched in terms of interests identified in the Convention. (shrink)

Psychiatric genetic research investigates the genetic basis of psychiatric disorders with the aim of more effectively understanding, treating, or, ultimately, preventing such disorders. Given the challenges of recruiting research participants into such studies, the potential for long‐term benefits of such research, and seemingly minimal risk, a strong claim could be made that all non‐acute psychiatric inpatients, including forensic and involuntary patients, should be included in such research, provided they have capacity to consent. There are tensions, however, regarding the ethics of (...) recruiting psychiatric inpatients into such studies. In this paper our intention is to elucidate the source of these tensions from the perspective of research ethics committee interests and decision‐making. We begin by defining inpatient status and outline some of the assumptions surrounding the structures of inpatient care. We then introduce contemporary conceptions of vulnerability, including Florencia Luna’s account of vulnerability which we use as a framework for our analysis. While psychiatric inpatients could be subject to consent‐related vulnerabilities, we suggest that a particular kind of exploitation‐related vulnerability comes to the fore in the context of our case study. Moreover, a subset of these ethical concerns takes on particular weight in the context of genetic research in low‐ and middle‐income countries. At the same time, the automatic exclusion of inpatients from research elicits justice‐related vulnerabilities. (shrink)

In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely (...) recognized as worse—dying earlier in one’s life rather than later—while counteracting intersecting forms of injustice. Ultimately, prohibiting the use of age as a tiebreaker in critical care allocation, as Brown et al. propose, will worsen disparities and is not mandated by law. (shrink)

BackgroundThe emergence of artificial intelligence (AI) in medicine has prompted the development of numerous ethical guidelines, while the involvement of patients in the creation of these documents lags behind. As part of the European PROFID project we explore patient perspectives on the ethical implications of AI in care for patients at increased risk of sudden cardiac death (SCD).AimExplore perspectives of patients on the ethical use of AI, particularly in clinical decision-making regarding the implantation of an implantable cardioverter-defibrillator (ICD).MethodsSemi-structured, future scenario-based (...) interviews were conducted among patients who had either an ICD and/or a heart condition with increased risk of SCD in Germany (n = 9) and the Netherlands (n = 15). We used the principles of the European Commission’s Ethics Guidelines for Trustworthy AI to structure the interviews.ResultsSix themes arose from the interviews: the ability of AI to rectify human doctors’ limitations; the objectivity of data; whether AI can serve as second opinion; AI explainability and patient trust; the importance of the ‘human touch’; and the personalization of care. Overall, our results reveal a strong desire among patients for more personalized and patient-centered care in the context of ICD implantation. Participants in our study express significant concerns about the further loss of the ‘human touch’ in healthcare when AI is introduced in clinical settings. They believe that this aspect of care is currently inadequately recognized in clinical practice. Participants attribute to doctors the responsibility of evaluating AI recommendations for clinical relevance and aligning them with patients’ individual contexts and values, in consultation with the patient.ConclusionThe ‘human touch’ patients exclusively ascribe to human medical practitioners extends beyond sympathy and kindness, and has clinical relevance in medical decision-making. Because this cannot be replaced by AI, we suggest that normative research into the ‘right to a human doctor’ is needed. Furthermore, policies on patient-centered AI integration in clinical practice should encompass the ethics of everyday practice rather than only principle-based ethics. We suggest that an empirical ethics approach grounded in ethnographic research is exceptionally well-suited to pave the way forward. (shrink)

Background People who are at elevated risk of suicide stand to benefit from internet-based interventions; however, research in this area is likely impacted by a range of ethical and practical challenges. The aim of this study was to examine the ethical issues and practical barriers associated with clinical studies of internet-based interventions for suicide prevention. Method This was a mixed-methods study involving two phases. First, a systematic search was conducted to identify studies evaluating internet-based interventions for people at risk of (...) suicide, and information pertaining to safety protocols and exclusion criteria was extracted. Second, investigators on the included studies were invited to complete an online survey comprising open-ended and forced-choice responses. Quantitative and qualitative methods were used to analyse the data. Results The literature search identified 18 eligible studies, of which three excluded participants based on severity of suicide risk. Half of the 15 suicide researchers who participated in the survey had experienced problems obtaining ethics approval, and none had encountered adverse events attributed to their intervention. Survey respondents noted the difficulty of managing risk in online environments and the limitations associated with implementing safety protocols, although some also reported increased confidence resulting from the ethical review process. Respondents recommended researchers pursue a collaborative relationship with their research ethics committees. Conclusion There is a balance to be achieved between the need to minimise the risk of adverse events whilst also ensuring interventions are being validated on populations who may be most likely to use and benefit from them. Further research is required to obtain the views of research ethics committees and research participants on these issues. Dialogue between researchers and ethics committees is necessary to address the need to ensure safety while also advancing the timely development of effective interventions in this critical area. (shrink)

The problem of free will is deeply linked with the causal relevance of mental events. The causal exclusion argument claims that, in order to be causally relevant, mental events must be identical to physical events. However, Gibb has recently criticized it, suggesting that mental events are causally relevant as double preventers. For Gibb, mental events enable physical effects to take place by preventing other mental events from preventing a behaviour to take place. The role of mental double preventers is (...) hence similar to what Libet names free won’t, namely the ability to veto an action initiated unconsciously by the brain. In this paper I will propose an argument against Gibb’s account, the causal irrelevance argument, showing that Gibb’s proposal does not overcome the objection of systematic overdetermination of causal relevance, because mental double preventers systematically overdetermine physical double preventers, and therefore mental events are causally irrelevant. (shrink)

Freezing of gait can cause reduced independence and quality of life for many with Parkinson’s disease. Episodes frequently occur at points of transition such as navigating a doorway. Therapeutic interventions, i.e., drugs and exercise, do not always successfully mitigate episodes. There are several different, but not exclusive causes for freezing of gait. People with freezing of gait are able to navigate dynamic situations like stairways by utilizing a different attentional strategy to over-ground walking, but may freeze when passing through a (...) doorway. The question is, is it possible to employ a special attentional strategy to prevent freezing at this point? Motor imagery allows for learning motor skills in absolute safety and has been widely employed in a variety of populations, including other neuro-compromised groups. Motor imagery is not studied in a homologous manner in people with Parkinson’s Disease, leading to conflicting results, but may have the potential to establish a different attentional strategy which allows a subject to mitigate freezing of gait episodes. This paper will identify and discuss the questions that still need to be answered in order to consider this approach i.e., can this population access motor imagery, can motor imagery alter the attentional strategy employed when moving through doorways, what is the best motor imagery approach for people with Parkinson’s Disease and freezing of gait, and what dosage is most effective, while briefly outlining future research considerations. (shrink)

Se realizó una investigación en sistemas y servicios de salud de tipo descriptiva transversal, con el objetivo de elaborar un sistema de acciones de capacitación para el profesional de la enfermería comunitaria en la prevención del embarazo en la adolescencia. Se aplicaron métodos teóricos y empíricos propios de la investigación científica. El universo lo constituyeron 20 profesionales de enfermería que laboran en consultorios del Área Salud "Tula Aguilera". La muestra quedó conformada por los 12 profesionales que aceptaron participar en el (...) estudio. El criterio de exclusión fue la libre decisión de cada individuo para participar o retirarse de la investigación. Se aplicó una encuesta estandarizada, previo consentimiento informado, para determinar el nivel de conocimientos sobre salud reproductiva en la adolescencia. Los resultados constatados reflejaron que la mayoría de los encuestados tenían criterios estrechos, no fundamentados científicamente ni actualizados sobre el tema, por lo que se diseñó un sistema de acciones de capacitación basado en conocimientos científicos actualizados, pertinentes y contextualizados. Cada actividad se propuso demostrar la factibilidad e importancia de utilizar técnicas participativas y la fundamentación de las ventajas de su uso en diferentes actividades comunitarias, encaminadas a enfatizar en la organización, movilización, concientización y capacitación a los diferentes sujetos sociales involucrados en la prevención del embarazo en la adolescencia, para que estos se conviertan en transformadores de su propia realidad, en correspondencia con sus necesidades y demandas sociales. A descriptive transversal study was carried out on health systems and services aiming at designing a system of training actions for the community professional nurses in order to prevent pregnancy in adolescence. Theorical and empirical methods were applied. The universe was made up of twenty professionals who consented to participate in the study. The inclusion criterion was the free decision of each individual on either participating or not in the investigation. A standard survey was applied -with a previous informed consent , to determine the knowledge about reproductive health in adolescence. The results revealed that most of the surveyed people had narrow criteria with no updated scientific grounds on the issue, thus a system of training actions based on updated scientific pertinent contextualized information was designed Each activity aimed at demonstrating the feasibility study of using participative techniques as well as the reasons for the advantages of their use in a variety of community activities to emphasize the organization and understanding of the different social subjects involved in the prevention of pregnancy in adolescence. (shrink)

Alongside other types of mass atrocities, genocide has received extensive scholarly, policy, and practitioner attention. Missing, however, is the contribution of economists to better understand and prevent such crimes. This edited collection by 41 accomplished scholars examines economic aspects of genocides, other mass atrocities, and their prevention. Chapters include numerous case studies, probing literature reviews, and completely novel work based on extraordinary country-specific datasets. Also included are chapters on the demographic, gendered, and economic class nature of genocide. Replete with research- (...) and policy-relevant findings, new insights are derived from behavioral economics, law and economics, political economy, macroeconomic modeling, microeconomics, development economics, industrial organization, identity economics, and other fields. Analytical approaches include constrained optimization theory, game theory, and sophisticated statistical work in data-mining, econometrics, and forecasting.A foremost finding of the book concerns atrocity architects' purposeful, strategic use of violence, often manipulating nonrational proclivities among ordinary people to sway their participation in mass murder. Relatively understudied in the literature, the book also analyzes the options of victims before, during, and after mass violence. Further, the book shows how well-intended prevention efforts can backfire and increase violence, how wrong post-genocide design can entrench vested interests to reinforce exclusion of vulnerable peoples, and how businesses can become complicit in genocide. In addition to the necessity of healthy opportunities in employment, education, and key sectors in prevention work, the book shows why new genocide prevention laws and institutions must be based on reformulated incentives that consider insights from law and economics, behavioral economics, and collective action economics. (shrink)

Schools may be one important context where adolescents learn and shape the behaviors necessary for promoting global inclusivity in adulthood. Given the importance of bystanders in halting bullying and peer aggression, the focus of this study is on both moral judgments regarding one type of bullying, social exclusion, and factors that are associated with bystander intervention. The study includes 896 adolescents, who were 6th, and 9th graders, approximately evenly divided by gender. Participants were primarily European–American. Results revealed that girls (...) and participants who perceived better relationships between students and teachers were more likely to judge exclusion to be wrong. Further, ethnic minority participants, those who were more anxious about being rejected by their teachers and reported more teacher discrimination were less likely to judge exclusion as wrong. Participants who reported more positive student–teacher relationships, perceptions of a more positive school social environment and more prior experiences of teacher discrimination were more likely to report that they would seek help for the victim. On the other hand, participants who reported being more angry about teacher rejection, experiencing either peer or teacher discrimination, and perceiving they are excluded from opportunities at school were less likely to intervene to come to the aid of a peer who is being excluded. The results document the complex interplay of school and teacher factors in shaping adolescents’ bystander responses to social exclusion. Our findings suggest that positive school climate can promote intentions to intervene. However, findings indicate that adolescents who are marginalized in their school environments, and who report experiences of rejection, exclusion or discrimination are not willing or likely to intervene to prevent others from experiencing exclusion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standards of Music Education and the Easily Administered Child/Citizen: The Alchemy of Pedagogy and Social Inclusion/Exclusion Thomas S. Popkewitz and Ruth Gustafson University of Wisconsin-Madison Educational standards are forsome a corrective device to promote the twin goals of excellence and equity by making explicit the performance outcomes ofschooling. For others, performance standards do not do what they say and install the wrong goals for teaching. But various sides (...) in the debate assume that school subjects teach the subjects and what is needed are more effective and efficient classroom practices. Our approach is different. We consider the standards of school subjects as related to the conditions of state governing. School subjects inscribe principles that administer the conduct ofthe child who is to grow into the "reasonable citizen." The Standards Movement is more than what is publicly discussed. Pedagogy embodies particular ways ofthinking or a system ofreason in which pedagogy orders who we are, who we should become, and who are not qualifiedto become that "we." If we think of modern schooling as an inscription device in the fonning of the citizen through the development ofthe child, the crux of the debate is not whether to have standards. It is how particular standards are inscribed through pedagogicalpractices. Ifwe treat school subjects as analogous to a uniform system of taxes, the developmentofuniformmeasurements, andurban planning in the modem state, our concern is with the boundaries created about the rules and standards of reason and the reasonable person. Pedagogygoverns inadoublesense: schoolmusic embodies representations that constitute the objects that children act on as real, and it generates principles to orderand patrol the borders that qualify and disqualify individuals for participation. The standards that govern music education can be thought about as an alchemy.1 The field of music is transported and translated into school subjects andpedagogical content. As the sorcerer ofthe middle ages sought to turn lead into gold, a specializedpedagogyplaces children in a new set ofrelations that is no longerthe academic field of music. Why is the alchemy important? First, the alchemy ofschool subjects is a particular system of reason that fabricates the kinds of people administered in schooling. Second, the alchemy reconfigures the sensitivities and awarenesses of the field of music to make the child's "soul" the site of administration. That soul in music and other school subjects is talked about today as personaldevelopment, self-reflection,personality, and character. Third, school subjects are sites in which the relations between the state, society, community, and individuality are worked and reworked to produce the borders ofinclusion and exclusion. The first section of this paper considers school subjects as a practice of governing that administersprinciples (orstandards ifwecanplay with that word) about who we are and should be. The second section considers psychology as the translation device that transports academic disciplines into school subjects. It may seem odd at firstglancebutthesamepsychologicaltransportation systems exist across school subjects. The historical intervention of the transportation system, we argue in the third section, has little to do with understanding music or science, but with governing the soul. In that section we examine the different cultural practices that overlap to©Philosophy ofMusic Education Review 10, no. 2 (Fall, 2002): 80-91. Thomas S. Popkewitz/Ruth Gustafson 81 generate principles that orderthe nature ofmusic, the child/childhood, teaching, and reflection and subjectivity in music education. The discussion is not about the internal structure or the goodness ofmusic education but the particular frames of reference that form the evidence and possibilities of reform in school subjects. We take up the task ofinquiry into the alchemy of music as part of a broader project to show the contingency ofthe arrangement that we live by showing how thought has played a part in holding those arrangements together and to contestthe strategiesthatgovernthehumanpossibilities. The Art ofGoverning: Standards as Mapping Who We are/to Become Themodern state governs through developing a precise system of classifications and the correct sorting devices to chart a course ofaction that will change society for the better and which will prevent any futurejoining ofthe ranks ofthe poorly performing. To govern is to develop systems ofclassification that calculate and make legiblepeople fortheadministrationofthe society and the citizen. Mass schooling is a central institution in... (shrink)

We examine Sophie Gibb’s emergent property-dualist theory of mental causation as double-prevention. Her account builds on a commitment to a version of causal realism based on a powers metaphysic. We consider three objections to her account. We show, by drawing out the implications of the ontological commitments of Gibb’s theory of mental causation, that the first two objections fail. But, we argue, owing to worries about cases where there is no double-preventive role to be played by mental properties, her (...) account, which solely affords mental properties a double-preventive role, is incomplete and vulnerable to a causal exclusion objection. We propose a friendly modification to her theory of mental causation that is consistent with her theory’s ontological commitments. Specifically, we sketch an account on which mental properties have a more pronounced causal-structuring role that is not exhausted by the role Gibb assigns them as double-preventers. The result is a novel emergentist theory of mental causation. (shrink)

Although there has been significant attention in clinical ethics to when physicians should follow a parent’s wishes, there has been much less discussion of the obligation to solicit viewpoints and decisions from all caregivers who have equal moral and legal standing in relation to a pediatric patient. How should healthcare professionals respond when one caregiver dominates decision making? We present a case that highlights how these problems played out in an ethical bargain. Ethical bargaining occurs when the parties involved choose (...) not to pursue a morally preferable option for the sake of coming to a resolution. This case is not one of parental disagreement; rather, the medical team agreed to exclude the patient’s mother from decision making if the patient’s father promised to bring their son back to the hospital for necessary medical tests. We argue that there is an obligation to notice and acknowledge power asymmetries in the family unit, which, in this case, was manifested as the marginalization of the female decision maker by the male decision maker. In these scenarios, clinicians should be careful to avoid treating parents as one homogenous unit, and they should take action to enable caregivers’ autonomy and voice. While there are moral and practical limits to how and when physicians should intervene in family dynamics, we discuss the steps that the medical team should have taken in this case to avoid undermining the parental authority of the mother. We conclude by offering recommendations to address and enable caregivers’ autonomy at an institutional level, and we discuss the importance of tracking and responding to damaging family dynamics to prevent ethically impermissible bargaining. (shrink)

Formal, informal and material institutions constitute the framework for human interaction and communicative practice. Three ideas from institutional theory are particularly relevant to technical change. Exclusion cost refers to the effort that must be expended to prevent others from usurping or interfering in one’s use or disposal of a given good or resource. Alienability refers to the ability to tangibly extricate a good or resource from one setting, making it available for exchange relations. Rivalry refers to the degree and (...) character of compatibility in various uses for goods. The paper closes with a note on how attention to these factors might be useful ways to conceptualize what Langdon Winner has called “the technological constitution of society,” and what Andrew Feenberg has theorized as “secondary rationalization,” as well as within more practical contexts of technical research, development and design. (shrink)

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the (...) rule of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

The ‘learning society’ expresses principles of a universal humanity and a promise of progress that seem to transcend the nation. The paper indicates how this society is governed in the name of a cosmopolitan ideal that despite its universal pretensions embodies particular inclusions and exclusions. These occur through inscribing distinctions and differentiations between the characteristics of those who embody a cosmopolitan reason that brings social progress and personal fulfilment and those who do not embody the cosmopolitan principles of civility and (...) normalcy. Mapping the circulation of the notion of the ‘learning society’ in arenas of Swedish health and criminal justice, and Swedish and US school reforms is to examine the mode of life of the citizen of this society, the learner, as an ‘unfinished cosmopolitanism’ and also directs attention to its ‘other’—those that are outside. (shrink)

This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the poisonous tree” doctrine, with the inquisitorial system of Vietnam. The U.S. model, emphasizing the exclusion of unlawfully obtained evidence to protect the presumption of innocence and ensure fair trials, relies on the Fourth Amendment to prevent police misconduct. Conversely, Vietnam, with its focus on uncovering the truth, has started to adopt adversarial elements, including evidence exclusion, to (...) align with international standards and enhance human rights protections within its criminal justice system. The research examines the application of the “fruit of the poisonous tree” doctrine in the U.S. and its implications for Vietnamese legal reforms, especially the proposed amendments to Article 87 of Vietnam's Criminal Procedure Code. These reforms aim to exclude unlawfully obtained evidence while allowing for the use of evidence collected independently from illegal actions. Highlighting the need for a balanced approach that respects procedural rights and promotes justice, the study advocates for comprehensive legal reforms in Vietnam. It suggests amendments to refine evidence exclusion principles, ensuring they reflect both the Vietnamese context and the progressive features of U.S. criminal justice practices, thereby enhancing the fairness and integrity of criminal proceedings. (shrink)

Financial exclusion can be considered one of the important problems at the average level of socioeconomic development, which includes, among others, Poland. It consists in the presence of difficulties in accessing and/or using financial products and services on the main market that are suitable for the needs of individuals, and prevents them from leading a normal life in society. Due to its own characteristics and the trends in financial markets, this phenomenon is closely linked to the issue of the (...) digital divide. Accordingly, it can be seen that solutions leading to the reduction of the financial exclusion are based on tools using information technology innovations and modern technologies. One of the methods recognized as the most effective in this area is financial education, which is aimed largely at children and adolescents, which justifies additionally the choice of such tools. It was equally important to determine the extent to which modern instruments are preferred in comparison to traditional ones. The aim of this paper will be the analysis of the solutions based on modern technologies that are used in actions taken to prevent financial exclusion in selected EU countries, including Poland. The structure of the paper is as follows: the first part will present the problem of financial exclusion (identifying groups particularly at risk), then it will review methods of preventing and combating financial exclusion, with particular emphasis on modern ICT tools, and the final part will indicate the possible directions and barriers facing the solutions that may lead to a reduced level of financial exclusion of individuals. The method made use of indepth analysis of the literature and a review of existing solutions, which financial institutions provide on the Web. (shrink)

Loewer (in: Physicalism and its discontents, 2001; Philos Phenomenol Res 65:655–663, 2002; in: Contemporary debates in philosophy of mind, 2007) has argued that the nonreductive physicalist should respond to the exclusion problem by endorsing the overdetermination entailed by their view. Kim’s (Physicalism, or something near enough, 2005; in: Contemporary debates in the philosophy of mind, 2007) argument against this reply is based on the premise that mental causation must be a productive relation in order to sustain human agency. In (...) this paper, I challenge the premise that mental causation is a productive relation by appealing to the underlying double prevention structure of the physiological mechanisms of human action. Since the causal pathways from an agent’s mental events to bodily movement involves an absence, mental causation is not productive. This places Kim in a troublesome dilemma in his debate with Loewer: either surrender mental causation or deny that causation is a productive relation. With the support offered for productive mental causation undermined, responses to the exclusion problem based on accepting overdetermination remain viable options for the nonreductive physicalist. (shrink)

BackgroundTo prevent the planet from catastrophic global warming a reduction of greenhouse gas emissions to net zero is required. Thus, divestment from fossil fuels must be a strategic interest for health insurers. The aim of this study was to analyse the implementation of environmental, social and governance criteria in German private health insurers’ investments.MethodsIn 2019 a survey about ESG strategies was sent to German private health insurance companies. The survey evaluated investment strategies and thresholds for the exclusion of sectors (...) and business practices, as well as company strategies for sustainable business development.FindingsGiven their business reports, German private health insurers manage assets of more than €350 billion. 11 of 40 insurance companies provided quantitative data, 10 refused to answer. According to quantitative data, €66 billion of assets is managed according to any ESG criteria; this equals an average of 76% of each company’s bonds. None of these insurers excluded the production and sale of fossil fuels. All excluded coal mining but only at high thresholds. For €226 billion, no data were provided.InterpretationThe findings are in contrast to the expected intrinsic economic interest of the insurers to stop global warming and improve public health. The majority of assets are managed in a highly problematic manner, especially the absence of capital allocated in fields contrary to medical ethics cannot be presumed. Lack of transparency is a major problem that limits clients in choosing the insurer who has the most advanced ESG criteria. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the (...) answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

As a tactic for preventing an enquiry into attention’s relationship to consciousness from lapsing into ill-definition, this chapter treats ‘attention’ as a term defined by the role that is assigned to it in our explanations of empirically established psychological phenomena (especially those involving the modulation of reaction times). It reviews evidence showing that such modulations are associated with processing that stands in various relations to consciousness. The psychological phenomena that explain these modulations cannot be identified with the causes of consciousness. (...) Nor do they operate exclusively within the field of conscious awareness. If the explanation of these phenomena is to cast explanatory light on how and when consciousness occurs, it will need to do so in the context of some more complex explanatory theory. (shrink)

Recent attempts at preventing the social exclusion of vulnerable children in England have been driven by notions of resilience which centre primarily on changing children so that they may be better able to cope with adversity. Drawing on the concepts of Cultural Historical Activity Theory (CHAT), we suggest that the idea of resilience should be expanded to include developing a capacity to act on and reshape the social conditions of one’s development. We use evidence from two studies of practices (...) in recent re-configurations of children’s services in England to examine whether practitioners are seeing resilience in these terms. We present examples of work which embody these views but suggest that they are not easily incorporated into practices where expertise is centred on care and clear communication. The care and communication model of practice reflects the emphases given to evolutionary notions of child development while a CHAT view of resilience reflects Vygotsky’s concerns with a dialectic between individuals and the social situations of their development. (shrink)

In this paper, I argue that the vindicatory/unmasking distinction has so far prevented scholars from grasping a third dimension of genealogical inquiry, one I call possibilising. This dimension has passed unnoticed even though it constitutes a crucial aspect of Foucault’s genealogical project starting from 1978 on. By focusing attention on it, I hope to provide a definitive rebuttal of one of the main criticisms that has been raised against genealogy in general, and Foucauldian genealogy in particular, namely the idea that (...) Foucault’s genealogical project lacks normative grounding and is therefore ultimately incapable of telling us why we should resist and fight against the mechanisms of power it nevertheless reveals in an empirically insightful way. This conclusion, I argue, is mistaken because it conceives of Foucauldian genealogy exclusively as an unmasking or problematising method, whereas I claim that Foucault’s genealogical project possesses a possibilising dimension that provides his work with sui generis normative force. (shrink)

This article examines some of the main tenets of competition theory in light of the theory of evolution and the concept of an ecological niche. The principle of competitive exclusion and the related assumption that communities exist at competitive equilibrium - fundamental parts of many competition theories and models - may be violated if non-equilibrium conditions exist in natural communities or are incorporated into competition models. Furthermore, these two basic tenets of competition theory are not compatible with the theory (...) of evolution. Variation in ecologically significant environmental factors and non-equilibrium in population numbers should occur in most natural communities, and such changes have important effects on community relations, niche overlap, and the evolution of ecosystems. Ecologists should view competition as a process occurring within a complexdynamic system, and should be wary of theoretical positions built upon simple laboratory experiments or simplistic mathematical models.In considering the relationship between niche overlap and competition, niche overlap should not be taken as a sufficient condition for competition; many factors may prevent or diminish competition between populations with similar resource utilization patterns. The typically opposing forces of intraspecific and interspecific competition need to be simultaneously considered, for it is the balance between them that in large part determines niche boundaries. (shrink)

This paper suggests that the paradigm of the lived-body developed by Straus, Merleau-Ponty and others has important implications for medical practice and theory. Certain recognized flaws in modern medicine, such as its reductionist tendencies and lack of emphasis on preventive measures are shown to be related to the exclusive use of a Cartesian notion of embodiment. Increased attention to the paradigm of the lived-body emphasizing its unity, purposiveness and "enworldment" could help to beneficially reorient practice. Moreover, this portrayal of (...) the body as an intentional entity may provide a better tool than the traditional view for conceptualizing the psychological and psychosocial components of disease etiology, as well as some newly developed modes of treatment. CiteULike Connotea Del.icio.us What's this? (shrink)