This chapter contains sections titled: Comments and Replies Conclusion Acknowledgments References.

This chapter contains sections titled: Information and the Veridicality Thesis Information as a Mongrel Concept Natural Information Without Truth Nonnatural Information: The Case for the Veridicality Thesis Nonnatural Information Without Truth An Objection Conclusion Acknowledgments References.

Queer theorists have considered the problems concerning the political strategy of using LGBT rights to justify racist xenophobia and using homo/transphobia to consolidate heterosexist nationalism. Their timely interventions are important in exposing state violence in the name of human rights and sovereign equality, but they have offered no alternative. They may also have reinforced the assumption of state science. This assumption is based on a trinity structure of the nation-state-sovereignty of ‘modern, self-determining men’, who are against each other and thereby (...) co-built the so-called ‘international’. State-centric internationalism produces exclusionary effects that undermine the rights of sexual and gender minorities. To address this, I first consider the debate over ‘LGBT rights as human rights’, and identify two types of cultural relativism (epistemological and political) as the categories to formulate a decolonial response to the debate. In this article, queer political theorising is pushed forward to: 1) critically evaluate universalism, 2) differentiate cultural relativism (opposing the political version of it) and 3) revise the epistemological version with decolonial-queer praxis. I propose a pluralist approach to sovereignty and human rights; informed by this approach, the lack of international consensus is remedied by recognising the polyvocality within transnational queer activism beyond the monopoly of states’ representation of their own peoples. This proposal also aims to decentre modern statecraft from the political imagination of contemporary international studies scholarship. (shrink)

Abstract: According to the Veridicality Thesis, information requires truth. On this view, smoke carries information about there being a fire only if there is a fire, the proposition that the earth has two moons carries information about the earth having two moons only if the earth has two moons, and so on. We reject this Veridicality Thesis. We argue that the main notions of information used in cognitive science and computer science allow A to have information about the obtaining of (...) p even when p is false. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Grounding Human Rights in a Pluralist World by Grace Y. Kao, and: Christianity and Human Rights: An Introduction ed. by John Witte, Frank S. AlexanderZachary R. CaloGrounding Human Rights in a Pluralist World Grace Y. Kao Washington, DC: Georgetown University Press, 2011. 239pp. $28.45Christianity and Human Rights: An Introduction Edited By John Witte and Frank S. Alexander New York: Cambridge University Press, 2010. 390pp. $29.38Grace Kao’s (...) Grounding Human Rights in a Pluralistic World and Christianity and Human Rights, edited by John Witte and Frank Alexander, both contribute to the growing and sophisticated literature addressing the relationship between religious traditions and human rights. Kao’s book opens by asking whether “the very idea of human rights [must] be premised upon a religious or metaphysical idea in order to be conceptually intelligible, sufficiently protected, or practically stable over time” (4). Kao proposes that this question has generally been answered in one of two ways: a “maximalist” response that identifies religion as a necessary foundation for human rights, and a “minimalist” response that rejects this turn to religion. A significant portion of the book is devoted to assessing representatives of these two approaches. Chapter 2 includes a discussion of maximalist thinkers Michael Perry, Max Stackhouse, Hans Küng, and Nicholas Wolterstorff. Chapters 3 through 5 consider different forms of minimalism, including that found in the work of John Rawls and Martha Nussbaum.Kao’s organization of the debate into maximalism and minimalism imposes a useful typology over a diverse range of thought while also establishing interesting points of contact and contestation among various thinkers. At the same time, because the analysis occurs at a rather high level of abstraction, it will be most useful to those already familiar with the texts and thinkers discussed. This is not a text for those seeking a summary introduction. Those less familiar will still profit from the book, but perhaps more from the opening and closing chapters than those discussed here. [End Page 187]Following the discussion of maximalism and minimalism, the final chapter of Kao’s book presents a model for moving beyond the “extremes” of these two dominant approaches (8). At its most basic, human rights, Kao argues, must be grounded in a nonreligious moral realism. This “straddling” of the “minimalist-maximalist divide” is, in certain respects, a creative and bold proposal for reshaping debate about religion and human rights. It defends the universality of human rights as being necessarily grounded in objective values but does not narrowly locate these values in religious sources. Yet, while offering some intriguing insights, the themes of this final chapter never quite come together to form a comprehensive theory. Kao’s proposal is more a selective appropriation of insights from others than a totalizing alternative.Because Kao does not fully develop her model, it is difficult to assess the particular rights claims that follow from its premises. This is evident, for instance, in Kao’s discussion of the so-called marginal cases, where it remains unclear what specific principles and methods have been employed to develop normative positions (160–61). This disconnect between theory and application limits the book’s ability to have an impact on core disputes within human rights. The most significant fault lines within the contemporary human rights debate involve the content and expanse of human rights more than their theoretical grounding, and human rights language often serves as a way to legitimize preferred political goods. Kao not only needs to defend her approach to grounding human rights but also to establish how this particular grounding informs the norms of human rights.Witte and Alexander’s edited volume, Christianity and Human Rights, addresses the relationship between religion and human rights from a quite different perspective. Whereas Kao critically assesses religion’s role as a foundation for human rights, the essays in Witte and Alexander’s book largely explore the meaning of human rights from within a Christian framework. The book does not entirely bypass questions about the warranting role of religion as such, but its concern is not to justify the role of Christianity within human rights but to develop “the budding new human rights hermeneutic of... (shrink)

The impact and use of Information and Communication Technologies (ICTs) in healthcare settings has been increasing since 2019. This is greatly due to the COVID‐19 pandemic. But beyond accommodating an extraordinary and complex situation in terms of healthcare services, or beyond replacing personalised care delivered by healthcare professionals (HCPs), has there been a process of information and consultation for communities and HCPs? Do we have the basic requirements needed to make such use commonplace in health care? What will the impact (...) be on communities and their governance? Have we arrived here by consensus or by imposition? Our purpose has been to conduct a transnational analysis by approaching communities, social actors, and healthcare professionals in three territories in a pilot study following a qualitative methodology. The aim being to discover the potential impact of such measures beyond the right to health and if such measures are compatible with the purpose of population settling in rural areas. Furthermore, to identify if this entails a conflict of value and priorities or if we need new ethical reviews both for communities and healthcare professionals. (shrink)

With rising numbers of Facebook, Twitter and MXit users, Africa is increasingly gaining prominence in the sphere of social networking. Social media is increasingly becoming main stream; serving as important tools for facilitating interpersonal communication, business and educational activities. Qualitative analyses of relevant secondary data show that children and youths aged between 13 and 30 constitute Africa’s heaviest users of social media. Media reports have revealed cases of abuse on social media by youths. Social networks have severally been used as (...) tools for perpetuating crimes such as; cyberbullying and violence against girls and women. This study proposes a ‘Culture-centered Approach’ to the use of social media in a bid to minimize these cybercrimes and encourage the responsible use of social media amongst African youths. The Culture-centered Approach, which incorporates the tenets of Information Ethics, stresses the need for the respect of the dignity and rights of other online users as well the application of good cultural values and ethical behavior while on social media platforms. (shrink)

Since the cognitive revolution, it has become commonplace that cognition involves both computation and information processing. Is this one claim or two? Is computation the same as information processing? The two terms are often used interchangeably, but this usage masks important differences. In this paper, we distinguish information processing from computation and examine some of their mutual relations, shedding light on the role each can play in a theory of cognition. We recommend that theorists of cognition be explicit and careful (...) in choosing notions of computation and information and connecting them together.Keywords: Computation; Information processing; Computationalism; Computational theory of mind; Cognitivism. (shrink)

Computation and information processing are among the most fundamental notions in cognitive science. They are also among the most imprecisely discussed. Many cognitive scientists take it for granted that cognition involves computation, information processing, or both – although others disagree vehemently. Yet different cognitive scientists use ‘computation’ and ‘information processing’ to mean different things, sometimes without realizing that they do. In addition, computation and information processing are surrounded by several myths; first and foremost, that they are the same thing. In (...) this paper, we address this unsatisfactory state of affairs by presenting a general and theory-neutral account of computation and information processing. We also apply our framework by analyzing the relations between computation and information processing on one hand and classicism and connectionism on the other. We defend the relevance to cognitive science of both computation, in a generic sense that we fully articulate for the first time, and information processing, in three important senses of the term. Our account advances some foundational debates in cognitive science by untangling some of their conceptual knots in a theory-neutral way. By leveling the playing field, we pave the way for the future resolution of the debates’ empirical aspects. (shrink)

The use of genetic testing has prompted the question of whether insurance companies should be able to use predictive genetic test results (GTRs) in their risk classification of clients. While some jurisdictions have passed legislation to prohibit this practice, the UK has instead adopted a voluntary code of practice that merely restricts the ways in which insurance companies may use GTRs. Critics have invoked various theories of justice to argue that this approach is unfair. However, as well as sometimes (...) relying on somewhat idealised assumptions, these analyses have tended to invoke theories that have wide-ranging and highly revisionary implications for insurance. Moreover, they fail to adequately engage with a conception of justice that plausibly undergirds the status quo approach to insurance in the UK. I argue that it is a mistake to simply invoke a single contestable theory in seeking to develop sound policy on the use of GTRs in insurance. To that end, in this paper, I outline three plausible principles of justice that policy on this issue ought to balance: A principle of equity, a principle of equal access and a principle of need. In doing so, I shall offer a pluralist justice-based argument in support of the spirit, if not the precise letter, of the UK approach. (shrink)

I would like to begin by thanking all of the commentators for their insightful analyses of ‘Genetic information, insurance and a pluralistic approach to justice’; I learnt a great deal from them all. Naturally, I cannot do justice to all of their criticisms in this brief response; instead, I shall use their remarks to prompt some clarificatory points about my arguments in the hope that this will help readers to draw their own conclusions about the various points of disagreement. (...) My aim in the paper was modest; I aimed to argue that considerations of justice do not speak unequivocally against the use of Genetic Test Results (GTRs) in insurance, and that a pluralist approach may lend support to some limited uses. This represents a compromise position between outright prohibition, and using GTRs in an insurance market in accordance with purely commercial principles. Notably, this conclusion is compatible with the thought that there may be other very strong moral reasons in favour of prohibition. These include concerns about privacy, as well as the consequentialist and human rights considerations that Tiller and Delatycki rightly highlight.1 Of course, considerations of justice are not orthogonal to questions regarding the right against genetic discrimination, since such a right might plausibly be supported by appeal to broadly egalitarian considerations. Indeed, one important challenge for the rights-based argument for prohibition is to defend the strong degree of genetic exceptionalism it connotes. As I briefly suggested in the paper, broadly egalitarian arguments might be invoked in an attempt to justify at least some degree of genetic exceptionalism here. Notably though, in her commentary, Feiring expresses scepticism about the view of genetic exceptionalism that is implicit in my acceptance of the idea that the use of GTRs in insurance warrants its own specific guidance.2 Given the different …. (shrink)

For the past several decades, coordinated efforts from within the women’s social movement in Perú have led to groundbreaking legislation surrounding gender equity – for example, the National Gender Equality Policy of 2019 and the Gender Parity Law of 2020. These institutionalized policy changes mark milestones on the path to gender equity, certainly in Perú, but activist efforts that targeted these outcomes can inform women globally. The current study investigated key components of feminist activism by social movement actors themselves through (...) the use of testimonio with nine key leaders in the movement. Using a liberation psychology approach and thematic narrative analysis, the findings suggested three key components of feminist activism: conflict, militant identity, and pluralism that were critical in processes of change. Centering majority world women’s voices contributes to the production of knowledge regarding approaches to gender equity, in particular because much that has been written about feminist action in psychology has been produced among samples of white women in the United States. Implications for understanding how the findings have the potential for global change are discussed. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. (...) The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

PHOTO ID 121339257© Designer491| Dreamstime.com ABSTRACT When physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be apparent conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters future physicians’ commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. We use an ethical dilemma that was presented to a group of third-year medical students to examine how ethics education might be causing (...) them to give undue deference to autonomy, thereby undermining their commitment to beneficence. INTRODUCTION The right of patients to choose which treatments they prefer is rooted in today’s social mores and taught as a principle of medical ethics as respect for autonomy. Yet, when physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be a conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters a commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. I. An Ethical Dilemma The impetus for this paper arose when students who were completing their third clinical year discussed a real-life ethical dilemma. A middle-aged man developed a pulmonary hemorrhage while on blood thinners for a recently placed coronary stent. The bleeding was felt to be reversible, but the patient needed immediate intubation or he would die. The cardiologist was told that the patient previously expressed to other physicians that he never wanted to be intubated. However, the cardiologist made the decision to intubate the patient anyway, and the patient eventually recovered.[1] Students were asked if they believed that the cardiologist had acted ethically. Their overwhelming response was, “No, the patient should have been allowed to die.” We looked into how students applied ethical reasoning to conclude that this outcome was ethically preferred. To explore how the third-year clinical experience might have formed the students’ judgment, we presented the same case to students who were just beginning their third year. Their responses were essentially uniform in recommending intubation. While there is likely more than one reasonable view in this case, we agree with the physician and the younger medical students that intubation was the ethically appropriate decision and will present an argument for it. But first, we explain the reasoning behind the more advanced medical students’ decision to choose patient autonomy at the expense of beneficence. II. Medical Ethics Education and the Priority of Autonomy Beauchamp and Childress’s Principles of Biomedical Ethics, first published in 1979 and now in its 8th edition, is a significant part of the formal ethics education in medical school.[2] Students learn an ethical decision-making approach based on respect for four ethical principles: autonomy, beneficence, nonmaleficence, and justice. While Beauchamp and Childress officially afford no prima facie superiority to any principle, the importance of respect for patient autonomy has increased through the editions of their book. For example, early editions of their book opposed the legalization of physician-assisted death compared to recent editions that defended it.[3] As another example, Beauchamp and Childress make paternalism harder to justify by adding an autonomy-protecting condition to the list of conditions for acceptable paternalism.[4] Authority, they contend, need not conflict with autonomy—provided the authority is autonomously chosen.[5] “The main requirement,” they write, “is to respect a particular patient’s or subject’s autonomous choices, whatever they may be.[6] In the principlism of Beauchamp and Childress, autonomy now seems to have a kind of default priority.[7] However, the bioethics discourse has strong counternarratives, noting some movement to elevate the role of beneficence and to respect the input of stakeholders, including the family and the healthcare team. Ethics education achieves particular relevance in the third clinical year when students become embedded in the care of patients and learn from what has been called the informal curriculum. They observe how attending physicians approach day-to-day ethical problems at the patient’s bedside. In this context, students observe the importance of informed consent for serious treatments or invasive procedures, a practice that highlights the principle of patient autonomy. In both the formal and informal curriculum, medical students observe how, in the words of Paul Wolpe, “patient autonomy has become the central and most powerful principle in ethical decision-making in American medicine.”[8] In short, students appear to learn a deference for patient autonomy. This curricular shift in favor of autonomy coincides with legal developments that protect patients’ rights and decision-making with respect to their healthcare choices. The priority of autonomy in medicine benefits patients by reflecting their choices and, in some cases, their fundamental liberty. III. The Practice of Medicine and the Commitment to Beneficence There are many critiques of the dominant place that autonomy has in biomedical ethics,[9] especially considering that autonomy seems to be biased toward individualistic, Western, and somewhat American culture-driven values.[10] In addition, many bioethical dilemmas are cast as a conflict between autonomy and beneficence. Our point is that medical students bring to their study of medicine a commitment to beneficence that seems to be suppressed by practical ethics education. We think this commitment is rationally defensible and should be nurtured. It is striking that young medical students have a pre-reflective commitment to beneficence at all. For, as we mentioned, it is not just medicine but Western culture generally that prioritizes autonomy in settling ethical dilemmas. In wanting to act for the good of others (rather than simply agreeing to what others want), physicians are already swimming somewhat against the cultural tide.[11] However, doing so makes sense, given the nature of medicine and the profession of healing. When prospective medical students are asked why they wish to become physicians, the usual answer is some variation on caring for the sick and preventing disease. It is unlikely that a reason to become a physician is to respect a patient’s autonomy. It would be easy to dismiss medical students’ commitment to beneficence as a mere intuition and contrary to a more reasoned and deliberative approach. Beauchamp and Childress seem to minimize the value of physician intuition, stating that justifications for certain procedures are “…supported by good reasons. They need not rest merely in intuition or feeling.”[12] Henry Richardson writes that “situational or perceptive intuition…leaves the reasons for decision unarticulated.”[13] We think this is a crude and rather thin way of understanding intuition. Some bioethicists have defended intuition as essential to the practice of medicine and not something opposed to reason.[14] In the case we describe, we believe the ethical justifications s for the patient’s intubation are fundamentally sound: the patient did not have a “do not intubate” order written in the chart, the emergency intubation had not been foreseen, so the patient did not have the opportunity to consent to or reject intubation; the patient had consented to the treatment for his cardiac disease so his consent for intubation could have been assumed;[15] and the consequences of respecting his autonomy did not justify allowing him to die.[16] While it is possible to have more than one reasonable view on this case, we think the case for beneficence is strong and certainly should not be dismissed out of hand. We do not deny that if a patient makes a clearly documented, well-informed decision to forgo intubation that this decision ought to be respected by the physician (even if the physician disagrees with the patient’s decision). But, in this situation, as in many others in the practice of medicine, the patient’s real wishes and preferences are not well-articulated in advance. There are many cases where a physician acts based on what she believes the patient, or the surrogate, would want, sometimes in situations that do not allow much time for reflection. An example might be resuscitation of a newborn at the borderline of viability. In their ethics education, beneficence would mean acting first to save a life. If the patient or surrogate makes an informed decision to the contrary, a beneficent physician respects that autonomous decision. In the case presented, the patient expressed gratitude to the cardiologist when extubated. But what if he had expressed anger at the physician for violating his autonomy? There are those who could argue that not only was intubation ethically wrong but that the cardiologist put himself in legal jeopardy by his actions (especially if there had been a written refusal applicable to the specific situation). In the example we use, we point out that the cardiologist may not have escaped a lawsuit if the patient had died without intubation. His family, when hearing the circumstances, may have sued for failure to act and dereliction of the cardiologist’s duty to save him. Beyond a potential legal challenge for either action or inaction, there is an overriding ethical question the cardiologist had to address: what course would be most satisfying to his conscience? Would he rather allow a patient to die for fear of recrimination, or act to save his life, regardless of the personal consequences? In the absence of real knowledge about the patient’s considered wishes, it is most reasonable to err on the side of promoting patient well-being. A physician’s commitment to beneficence is not necessarily a way of undermining a patient’s autonomy. In acting for the patient's good, physicians are also acting on what it is reasonable to believe a patient (or most patients, perhaps) would want, which is obviously connected to what a patient does want. Pellegrino and Thomasma argue that beneficence includes respect for a patient’s autonomy since “the best interests of the patient are intimately linked with their preferences.”[17] Instead of conceptualizing ethical dilemmas in medicine as conflicts between autonomy and beneficence, it is possible that medical schools could teach students that truly practicing beneficence is a way of valuing patient autonomy, especially when the patient’s wishes are not specific to the situation and are not clearly expressed. CONCLUSION It is important for students and practicing physicians to understand the principle of respect for patient autonomy in a pluralistic society that demands personal self-determination. However, the role of the physician as a beneficent healer should not be diminished by this respect for autonomy. Respecting a patient’s autonomy is grounded in and manifested by physician beneficence.[18] That is, seeking what is good for the patient can only be good if it respects their personhood and dignity. We propose that a commitment to beneficence, incipient in young medical students, should be developed over time with their other clinical reasoning skills. Such a commitment need not be sacrificed on the altar of patient autonomy. Beneficence needs greater relative moral weight with students as they proceed in their ethics education. - [1] S. Jauhar, “When Doctors Need to Lie,” New York Times, February 22, 2014, https://www.nytimes.com/2014/02/23/opinion/sunday/when-doctors-need-to-lie.html. [2] T. L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019). [3] Louise A. Mitchell, “Major Changes in Principles of Biomedical Ethics,” The National Catholic Bioethics Quarterly 14, no. 3 (2014): 459–75, https://doi.org/10.5840/ncbq20141438. [4] Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019), 238. [5] Beauchamp and Childress, 103. [6] Beauchamp and Childress, p. 108. [7] For other accounts that prioritize autonomy, see e.g. Allen E. Buchanan and Dan W. Brock, Deciding for Others: The Ethics of Surrogate Decision Making (Cambridge University Press, 1989), 38–39; R Gillon, “Ethics Needs Principles—Four Can Encompass the Rest—and Respect for Autonomy Should Be ‘First among Equals,’” Journal of Medical Ethics 29, no. 5 (October 2003): 307–12, https://doi.org/10.1136/jme.29.5.307. For examples of critiques of these accounts, see footnote 9. [8] P. R. Wolpe, “The Triumph of Autonomy in American Bioethics: A Sociological View,” in Bioethics and Society: Constructing the Ethical Enterprise, p. 43. [9] V. A. Entwistle et al., “Supporting Patient Autonomy: The Importance of Clinician-Patient Relationships,” Journal of General Internal Medicine 25, no. 7 (July 2010): 741–45; C. Foster, Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law, 1st ed. (Oxford ; Hart Publishing, 2009); O. O’Neill, Autonomy and Trust in Bioethics, The Gifford Lectures, University of Edinburgh 2001 (Cambridge, UK: Cambridge University Press, 2002). [10] P. Marshall and B. Koenig, “Accounting for Culture in a Globalized Bioethics,” The Journal of Law, Medicine & Ethics: A Journal of the American Society of Law, Medicine & Ethics 32, no. 2 (2004): 252–66; R. Fan, “Self-Determination vs. Family-Determination: Two Incommensurable Principles of Autonomy,” Bioethics 11, no. 3–4 (1997): 309–22. [11] Arguments stressing the importance of beneficence, as ours does here, certainly approach paternalistic arguments. We set aside the complex issue of paternalism for purposes of this paper and simply note that the principle of beneficence as such does not say anything specifically about acting against the patient’s will. In the case study that focuses this paper, we do not believe the patient’s will or wishes were clearly indicated. [12] Beauchamp and Childress, Principles of Biomedical Ethics, p. 20, see note 2 above. [13] H. S. Richardson, “Specifying, Balancing, and Interpreting Bioethical Principles,” The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 25, no. 3 (January 1, 2000): 285–307, p. 287. [14] H. D. Braude, Intuition in Medicine a Philosophical Defense of Clinical Reasoning (Chicago ; University of Chicago Press, 2012). [15] R. Kukla, “Conscientious Autonomy: Displacing Decisions in Health Care,” The Hastings Center Report 35, no. 2 (2005): 34–44. [16] M. Schermer, The Different Faces of Autonomy: Patient Autonomy in Ethical Theory and Hospital Practice, vol. 13, Library of Ethics and Applied Philosophy (Dordrecht: Springer Netherlands, 2002). [17] E. D. Pellegrino and D. C. Thomasma, For the Patient’s Good - the Restoration of Beneficence in Health Care (New York, NY: Oxford University Press, 1988), p. 29. [18] Pellegrino and Thomasma, For the Patient’s Good. 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According to the consencus of Muslim world, al-Aqsā Mosque is located in the land of al-Quds (Jerusalem). In this matter, especially the old Sunnite sources are in agreement with each other. However, there are recently some different views regarding the location of al-Aqsā Mosque. It has been argued that al-Aqsā Mosque most likley was built in a location differnet from Jerusalem. One of the defenders of this opinion is Muhammad Hamīdullah, who is a prominent scholar of Islamic studies and considered (...) to be a reliable authority among contemporary Islāmic historians. He claims that al-Aqsā Mosque, which was also mentioned in the Qur’ān, cannot be the Mosque that is present in Jerusalem. Rather, it must be searched in heavens. If this claim is accepted, then numerous reports informing that the mosque is located in Jerusalem and many interpretations based on these reports, will become problematic and controversial. Therefore, it is necessary to examine those claims and the relevant evidence in detail. Following this pueporse, we aim to examine and evaluate those views with a critical approach in this study. In this regard, we will argue that the comments and approaches that have been argued so far, are not consistent. Rather, relevant claims do not rely on strong evidence but only unsatisfactory interpretations. Summary: Muhammad Hamīdullah who is a prominent researcher and well-known for his studies on History of Islām, has individual opinions on some issues, different from classical scholars of Ahlu’s-Sunnah (branch of Islām that accepts the first four caliphs as rightful successors to Muhammad). One of his distinctive views is the original place of Masjid al-Aqsā (al-Aqsā Mosque). He claims that al-Aqsā Mosque was likely located, not in al-Quds (Jerusalem), but in heavens. In this article, our purpose is to examine this matter by evaluating his arguments regarding the place of al-Aqsā Mosque. Hamīdullah’s argument is based on several reasons which are as follows:Miʻrāc (The Ascension) is a journey from the earth to beyond the heavens. According to Hamīdullah, it is illogical to say that, in relation to such a magnificient occurrence, the Holy Qur’ān only mentions the journey from Mecca to Bayt al-Maqdis/al-Quds.Hamīdullah maintains that the expression “al-Masjid al-Aqsā” in the first verse of Sūrah al-Isrā means “the remotest Mosque.” However, the Palestinian lands are described as “Adna’l-Arḍ/Nearest Country” in the third verse of Sūrah ar-Rūm. Thus, “the remotest Mosque” should not be “the nearest country”; rather it should be a Mosque in heavens.He also argues that in some Hadith texts, the mosque in question is mentioned as “Masjid al-Aqsā”, but there is a grammatical difference between the phrases of “al-Masjid al-Aqsā” and “Masjid al-Aqsā”, which means that the mosque mentioned as “al-Masjid al-Aqsā” in the Qur’ānic verse does not have a connection with al-Quds (Jerusalem). In his opinion, the expression of “Masjid al-Aqsā” which appears in some Hadith texts is in the form of a noun clause, while the quranic expression “al-Masjid al-Aqsā” is in the form of an adjective clause. Accordingly, “Masjid al-Aqsā” and “al-Masjid al-Aqsā” refer to different places. The noun clause -as in the Hadith texts- of “Masjid al-Aqsā” must be in al-Quds, whereas the Qur’ānic expression in the form of an adjective clause of “al-Masjid al-Aqsā” must be a mosque in the heavens.According to his other claim, Abu’l-Yemān, the teacher of the teacher of Bukhārī, when narrating the hadith about mosques, he mentions this mosque, not as “al-Masjid al-Aqsā”, but as Īliyā’. That is, according to him, early sources of hadith do not mention the phrase of “al-Masjid al-Aqsā”, but instead, the phrase of Īliyā’ was used. Hamīdullah also states “... while narrating this hadith, Muslim does not use the phrases “Masjid al-Aqsā” or “al-Masjid al-Aqsā.” Instead, he uses the phrase Īliyā’.”He also states that the term al-masjid (the mosque) which appears in the seventh verse of Sūrah al-Isrā, was used to refer to that Īliyā’, not to refer to “al-Masjid al-Aqsā”. Likewise, the Umayyad Caliph Abdulmelik (26-86 h.c./646-705 g.c.) built the Dome of the Rock (Masjid al-Saḥra) in al-Quds and named it “Masjid al-Aqsā”. This name became so widespread at the times of Imam al-Bukhārī (194-256 h.c./810/870 g.c.) so that the old name Īliyā’ had been totally forgotten. Because of this reason, some hadith narrators were using this more common name “Masjid al-Aqsā” to express and describe this forgotten name.When we critically evaluate the information and approaches explained above, we come to the conclusion that they are not consistent. First of all, the claim that Masjid al-Aqsā is in the heavens, is in disagreement with the Qur’ānic verses implying that “Masjid al-Aqsā” is in al-Quds, and with many authentic hadith texts that indicate its existence on those lands. Also, the sources of Qur’ānic interpretations (exegeses) and historical narrations refute this claim. On the other hand, there is no Qur’ānic verse or tradition (hadith) that state that Masjid al-Aqsā is in the heavens.We argue that Hamīdullah’s claim “...It is illogical to say that, in relation to such a magnificient occurrence, the Holy Qur’ān only mentions the journey from Mecca to al-Aqsā Mosque in al-Quds” is not very appropriate. Because, it is beyond the human judgment to decide which part of this magnificient journey is more important or which part of it should take place in the Holy Qur’ān. Only Allah has the authority to decide for this. Moreover, we should remember that-as mentioned in the conveyed knowledge- the incident mentioned in the first verse of Sūrah al-Isrā is merely the magnificient journey from Mecca to Masjid al-Aqsā, which was clearly stated in the authentic hadith sources. As for the third verse of Sūrah al-Rūm, it is not correct to claim that Masjid al-Aqsā is not in al-Quds but in the heavens, by reading the text of the verse. Because, the phrase al-arḍ (the earth) has several meanings. Moreover, the phrase al-aqsā (the remotest) in the first verse of Sūrah al-Isrā, refers to distance between the two mosques, not between two countries.In some hadith texts, Masjid al-Aqsā was mentioned as “al-Masjid al-Aqsā” in the form of a noun clause, but this does not require that the masjid in question should be in the heavens. Because, many hadith texts mention it in the form of an adjective clause. Besides, some hadith texts mention Masjid al-Harām (Great Mosque of Mecca) in the form of a noun clause (Masjid al-Harām), not in the form of an adjective clause (al-Masjid al-Harām). If we consider Hamīdullah’s claim, we should look for the Masjid al-Harām in the heavens, but not on earth. So far, neither he nor anybody else made such a claim.Hamīdullah argues that Abu’l Yemān mentioned this mosque as Īliyā’, but not as al-Masjid al-Aqsā, and claimed that early religious sources do not use the term al-Masjid al-Aqsā. However, this is not a sound argument. Because, the authorities of hadith and history, who lived both before Abu’l Yemān and also at the same era, used the term “al-Masjid al-Aqsā” in their works and narrated that this term refers to al-Quds or Bayt al-Maqdis (Masjid al-Aqsā). Moreover, Hamīdullah’s claim that Muslim (a senior hadith scholar) did not use the terms “al-Masjid al-Aqsā” or “Masjid al-Aqsā” but instead he used the name “Īliyā’” is incorrect. Because, while narrating this hadith, the hadith scholar (Muslim) used all three names. As for the term “al-Masjid (the Mosque)” mentioned in Q 17.7, it is a groundless comment to claim that it does not refer to “al-Masjid al-Aqsā” in Q 17.1. Because the context of the verses and grammatical rules of Arabic language explicitly prove that the mosque mentioned in the seventh verse refers to “al-Masjid al-Aqsā” which is also mentioned in the first verse.His claim that “the Umayyads named the temple that they built in Jerusalem as “Masjid al-Aqsā” and following the era of Umayyads, in the period of Bukhārī, this naming became widespread” is highly vulnerable and disputable. Because in those times, the temple used to be named as “al-Masjid al-Jami (the Gathering Mosque)”, not as “al-Masjid al-Aqsā”. Nearly three centuries after the Umayyads reign, the naming of the said temple was first introduced to be as “al-Masjid al-Aqsā”. As for the expression of “al-Masjid al-Aqsā” appearing in the early sources of hadith, it was not used for the mosque built by the Umayyads, but was used to mean the entire haram (sacred, respected) region taking place in the south east corner of Jerusalem. In the light of arguments and explanations critically analysed above, we are in a position to argue that Muhammad Hamīdullah’s argument that “Masjid al-Aqsā is in the heavens”, does not rely on sound evidence, but rather, they are only some unsatisfactory interpretations. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

We investigate the growing use of information and communication technology in Nigeria and its potential as a tool to combat the HIV/AIDS epidemic through information management. Potential applications include data gathering for research and disease tracking, knowledge sharing, and dissemination of information on research findings, prevention methods, available care and support, and patient rights. The research is based on 1450 responses to a widely distributed questionnaire.

We investigate the growing use of information and communication technology in Nigeria and its potential as a tool to combat the HIV/AIDS epidemic through information management. Potential applications include data gathering for research and disease tracking, knowledge sharing, and dissemination of information on research findings, prevention methods, available care and support, and patient rights. The research is based on 1450 responses to a widely distributed questionnaire.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 741 pointedly, what he is asking for is " the ' planned dissolution ' of the Latin Church into a considerable number of distinct, autonomous ' patriarchates ' " (p. 132). These suggestions, although not original, are intriguing. They deserve, however, more than three pages. What is needed is a detailed presentation of these changes, indicating their historical context, their advantages and disadvantages, and their practical implementation. (...) Despite the criticisms given above, there is much good material to be found in this crisply written book. I agree in general with Hill's judgment that Church authority should embody a collegial rather than a monarchical ecclesiology. He shows that the MC ecclesiology has a solid foundation in scripture and tradition and its cornerstone is the theology of the local Church. Furthermore, he is correct in insisting that the doctrines of collegiality and the priesthood of the faithful are urgent questions in contemporary ecclesiology and that they have broad ecumenical ramifications. He speaks convincingly of greater lay participation, local autonomy, consultation, and accountability. At the same time, his partisanship leads him to caricature the MP view. He will not persuade many MP supporters by criticizing their "highhanded authoritarianism and paternalism " (p. 53) and " ecclesiastical dishonesty " (p. 127) or by claiming that the Roman Curia " is neuro· tically obsessed with the matter of papal authority" (p. 114). Hill makes many valid and important points, but, on occasion, he weakens them by exaggeration. At times his partisan style overcomes his theo· logical substance. The Catholic University of America Washington, D.C. pATRICK GRANFIELD Many Paths: A Catholic Approach to Religious Pluralism. By EUGENE HILLMAN. Maryknoll, New York: Orbis Books, 1989. Pp. 95. A Christian theology of religions raises fundamental epistemological and methodological questions. Hillman comes to the debate from what Lindbeck has called an " experiential expressivist " background, that is, there is a tacit assumption that reality is experienced and then expressed, that reality precedes language rather than being disclosed and shaped through language. When such an outlook is applied to the theology of religions, the outcome is often the " discovery " of a common experience underlying all religions, despite their different expressions. The latter can be seen to vary according to climate, history, temperament, and so on. Such expressions are loose symbols for a 742 BOOK REVIEWS greater reality, which takes on an increasingly vague shape with the demise of the signifier. History can offer very little resistance to such a model, and the conflicts, differences, intractabilities, and real problems of religious plurality are slowly silenced, almost numbed into a drowsy calm. That history refuses to play this role, while theologies of religion are often demanding it, is indicative of the difficulties with such a model. Hillman's first book on this topic (The Wider Ecumenism, 1968) showed him to be a follower of Rahner. He stressed the universality of grace and its mediation through the historical and particular; he thereby argued for a wider ecumenism with regard to the world religions, in a model analogous to intra-Christian ecumenism. In this book, Hillman advances the same position, but now infused with a strong dose of Wilfred Cantwell Smith. He does not confront the theological criticisms made against either of his mentors. The book is divided into four lucid chapters. The first considers the meaning and role of religion, and much of Hillman's discussion is helpful. However, as the chapter proceeds, one finds that the definition of religion is not controlled by the particularities and intractable dif. ferences presented by the subject matter but rather by an experiential essentialism. Hillman uses Smith's distinction between "faith" and " belief " to two ends, one descriptive, the other evaluative. However he, like Cantwell Smith, conflates description with evaluation. Furthermore, he is untroubled that the subject matter under inspection does not easily yield to such distinctions. Descriptively, " belief " or the " cumulative tradition " involves the " myriad historico-cultural par· ticularizations " that go to make up a religion such as liturgies, doc· trines, ethical systems, practices, histories, and so on {20). Faith is basically an experience of " the tr,anscendent, which is presumably the same for every person," and can be distinguished from the "cumulative tradition, which is different for each people, nation or... (shrink)

Liberal societies are characterized by respect for a fundamental value pluralism; i.e., respect for individuals’ rights to live by their own conception of the good. Still, the state must make decisions that privilege some values at the cost of others. When public ethics committees give substantial ethical advice on policy related issues, it is therefore important that this advice is well justified. The use of explicit tools for ethical assessment can contribute to justifying advice. In this article, I will discuss (...) one approach to ethical assessment, the ethical matrix method. This method is a variant of intuitionist balancing. Intuitionism is characterized by stressing the existence of several (at least two) fundamental prima facie moral principles, between which there is no given rank order. For some intuitionist approaches, coherentism has been proposed as a model of justification. This article will discuss justification of ethical advice and evaluate the appropriateness of coherentism as a justificatory approach to intuitionist tools. (shrink)

This paper conducts a comparative analysis of data governance mechanisms concerning the secondary use of health data in Taiwan and the European Union (EU). Both regions have adopted distinctive approaches and regulations for utilizing health data beyond primary care, encompassing areas such as medical research and healthcare system enhancement. Through an examination of these models, this study seeks to elucidate the strategies, frameworks, and legal structures employed by Taiwan and the EU to strike a delicate balance between the imperative of (...) data-driven healthcare innovation and the safeguarding of individual privacy rights. This paper examines and compares several key aspects of the secondary use of health data in Taiwan and the EU. These aspects include data governance frameworks, legal and regulatory frameworks, data access and sharing mechanisms, and privacy and security considerations. This comparative exploration offers invaluable insights into the evolving global landscape of health data governance. It provides a deeper understanding of the strategies implemented by these regions to harness the potential of health data while upholding the ethical and legal considerations surrounding its secondary use. The findings aim to inform best practices for responsible and effective health data utilization, particularly in the context of medical AI applications. (shrink)

The standard approach to treatment decision making for incapacitated patients often fails to provide treatment consistent with the patient’s preferences and values and places significant stress on surrogate decision makers. These shortcomings provide compelling reason to search for methods to improve current practice. Shared decision making between surrogates and clinicians has important advantages, but it does not provide a way to determine patients’ treatment preferences. Hence, shared decision making leaves families with the stressful challenge of identifying the patient’s preferred (...) treatment option. To address this concern, the present paper proposes to incorporate the use of a “Patient Preference Predictor” (PPP) into the shared decision-making process between surrogates and clinicians. A PPP would predict which treatment option a given incapacitated patient would most likely prefer, based on the individual’s characteristics and information on what treatment preferences are correlated with these characteristics. Use of a PPP is likely to increase the chances that incapacitated patients are treated consistent with their preferences and values and might reduce the stress and burden on their surrogates. Including a PPP in the shared decision-making process therefore has the potential to realize important ethical goals for making treatment decisions for incapacitated patients. The present paper justifies this approach on conceptual and normative grounds. (shrink)

Biomarkers are widely used not only as prognostic or diagnostic indicators, or as surrogate markers of disease in clinical trials, but also to formulate theories of pathogenesis. We identify two problems in the use of biomarkers in mechanistic studies. The first problem arises in the case of multifactorial diseases, where different combinations of multiple causes result in patient heterogeneity. The second problem arises when a pathogenic mediator is difficult to measure. This is the case of the oxidative stress (OS) theory (...) of disease, where the causal components are reactive oxygen species (ROS) that have very short half-lives. In this case, it is usual to measure the traces left by the reaction of ROS with biological molecules, rather than the ROS themselves. Borrowing from the philosophical theories of signs, we look at the different facets of biomarkers and discuss their different value and meaning in multifactorial diseases and system medicine to inform their use in patient stratification in personalized medicine. (shrink)

Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. (...) Those mechanisms are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries and upcoming specifics in the relation interrogations vs. remaining silent. (shrink)

In this paper we present an executable approach to model interactions between agents that involve sensitive, privacy-related information. The approach is formal and based on deontic, epistemic and action logic. It is conceptually related to the Belief-Desire-Intention model of Bratman. Our approach uses the concept of sphere as developed by Waltzer to capture the notion that information is provided mostly with restrictions regarding its application. We use software agent technology to create an executable approach. Our (...) agents hold beliefs about the world, have goals and commitment to the goals. They have the capacity to reason about different courses of action, and communicate with one another. The main new ingredient of our approach is the idea to model information itself as an intentional agent whose main goal it is to preserve the integrity of the information and regulate its dissemination. We demonstrate our approach by applying it to an important process in the insurance industry: applying for a life insurance.In this paper we will: (1) describe the challenge organizational complexity poses in moral reasoning about informational relationships; (2) propose an executable approach, using software agents with reasoning capacities grounded in modal logic, in which moral constraints on informational relatio nships can be modeled and investigated; (3) describe the details of our approach, in which information itself is modeled as an intentional agent in its own right; (4) test and validate it by applying it to a concrete ‘hard case’ from the insurance industry; and (5) conclude that our approach upholds and offers potential for both research and practical application. (shrink)

A group is in a state of pluralistic ignorance (PI) if, roughly speaking, every member of the group thinks that his or her belief or desire is different from the beliefs or desires of the other members of the group. PI has been invoked to explain many otherwise puzzling phenomena in social psychology. The main purpose of this article is to shed light on the nature of PI states – their structure, internal consistency and opacity – using the formal apparatus (...) of Dynamic Doxastic Logic, and also to study the sense in which such states are “fragile”, i.e. to identify plausible conditions under which a PI state cascades into a state of shared belief as the result of announcement. (shrink)

Background Rapid Ethical Assessment is a form of rapid ethnographic assessment conducted at the beginning of research project to guide the consent process with the objective of reconciling universal ethical guidance with specific research contexts. The current study is conducted to assess the perceived relevance of introducing REA as a mainstream tool in Ethiopia. Methods Mixed methods research using a sequential explanatory approach was conducted from July to September 2012, including 241 cross-sectional, self-administered and 19 qualitative, in-depth interviews among (...) health researchers and regulators including ethics committee members in Ethiopian health research institutions and universities. Results In their evaluation of the consent process, only 40.2% thought that the consent process and information given were adequately understood by study participants; 84.6% claimed they were not satisfied with the current consent process and 85.5% thought the best interests of study participants were not adequately considered. Commonly mentioned consent-related problems included lack of clarity, inadequate information, language barriers, cultural differences, undue expectations and power imbalances. About 95.4% believed that consent should be contextualized to the study setting and 39.4% thought REA would be an appropriate approach to improve the perceived problems. Qualitative findings helped to further explore the gaps identified in the quantitative findings and to map-out concerns related to the current research consent process in Ethiopia. Suggestions included, conducting REA during the pre-test phase of studies when applicable. The need for clear guidance for researchers on issues such as when and how to apply the REA tools was stressed. Conclusion The study findings clearly indicated that there are perceived to be correctable gaps in the consent process of medical research in Ethiopia. REA is considered relevant by researchers and stakeholders to address these gaps. Exploring further the feasibility and applicability of REA is recommended. (shrink)

This article contains an initial statement of the pluralistic approach together with some justification for its adoption by psychologists. Two alternative coneptions of the nature of feelings, William James's and Edmund Husserl's, are discussed with the pluralistic approach in mind. Psychologists who would practice the pluralistic approach with respect to the nature of feelings must develop a plural conception of the nature of feelings. A plural conception differs from a singular conception by simultaneously including more than a (...) single account of the relevant phenomena. Rather than wreaking destruction on alternative conceptions, the pluralistic approach is such as welcomes, encourages, and even commissions the formulation of alternative accounts of the phenomena of concern. Rightly or wrongly, the pluralistic psychologist feels closest to an ideal explanatory framework at those points in his or her plural conception where the alternative accounts are mutually contradictory. (shrink)

Background The use of lengthy, detailed, and complex informed consent forms is of paramount concern in biomedical research as it may not truly promote the rights and interests of research participants. The extent of information in ICFs has been the subject of debates for decades; however, no clear guidance is given. Thus, the objective of this study was to determine the perspectives of research participants about the type and extent of information they need when they are invited to participate in (...) biomedical research. Methods This multi-center, cross-sectional, descriptive survey was conducted at 54 study sites in seven Asia-Pacific countries. A modified Likert-scale questionnaire was used to determine the importance of each element in the ICF among research participants of a biomedical study, with an anchored rating scale from 1 to 5. Results Of the 2484 questionnaires distributed, 2113 were returned. The majority of respondents considered most elements required in the ICF to be ‘moderately important’ to ‘very important’ for their decision making. Major foreseeable risk, direct benefit, and common adverse effects of the intervention were considered to be of most concerned elements in the ICF. Conclusions Research participants would like to be informed of the ICF elements required by ethical guidelines and regulations; however, the importance of each element varied, e.g., risk and benefit associated with research participants were considered to be more important than the general nature or technical details of research. Using a participant-oriented approach by providing more details of the participant-interested elements while avoiding unnecessarily lengthy details of other less important elements would enhance the quality of the ICF. (shrink)

Since 2005, Malaysia has established several biobanks to keep in line with the advancement of biomedical research and development of biobanks in other countries such as the UK and the USA. Despite the establishment of several biobanks in Malaysia, little is known about the informed consent approach in biobanking research and its ethical challenges. This study aims to identify the approach in obtaining informed consent in the Malaysian biobanking for research and explore its ethical challenges. Using non-probability purposive (...) sampling, an in-depth interview with the key informants was conducted in Klang Valley. Based on the interviews, broad consent is the main approach used in obtaining informed consent in biobanking for research in Malaysia and five major ethical challenges were identified. These challenges include the informants’ opinion on the current informed consent approach, understanding participants’ rights, the role of the research ethics committee, biobanking governance in Malaysia, and informants’ knowledge and awareness. In summary, there is a lack of understanding among those involved in biobanking on the ethical, legal, and social aspects of biobanking for research in Malaysia. (shrink)

Mental and substance use disorders have been identified as the leading cause of global disability, and the global burden of mental illness is concentrated among those experiencing disability due to serious mental illness. Music has been studied as a support for SMIs for decades, with promising results; however, a lack of synthesized evidence has precluded increased uptake of and access to music-based approaches. The purpose of this scoping review was to identify the types and quantity of research at intersections of (...) music and SMIs, document evidentiary gaps and opportunities, and generate recommendations for improving research and practice. Studies were included if they reported on music's utilization in treating or mitigating symptoms related to five SMIs: schizophrenia, bipolar disorder, generalized anxiety disorder, major depressive disorder, or post-traumatic stress disorder. Eight databases were searched; screening resulted in 349 included studies for data extraction. Schizophrenia was the most studied SMI, with bipolar disorder studied the least. Demographics, settings, and activity details were found to be inconsistently and insufficiently reported; however, listening to recorded music emerged as the most common musical activity, and activity details appeared to have been affected by the conditions under study. RCTs were the predominant study design, and 271 unique measures were utilized across 289 primary studies. Over two-thirds of primary studies reported positive results, with 2.8% reporting worse results than the comparator, and 12% producing indeterminate results. A key finding is that evidence synthesis is precluded by insufficient reporting, widely varied outcomes and measures, and intervention complexity; as a result, widespread changes are necessary to reduce heterogeneity, increase replicability and transferability, and improve understandings of mechanisms and causal pathways. To that end, five detailed recommendations are offered to support the sharing and development of information across disciplines. (shrink)

Education and leadership as an interdisciplinary and collaborative enterprise can further be enhanced by the use of integrated learning methods and the infusion of information technology. A teacher as a leader must work as a catalyst to facilitate the learning process. The creation of democratic environment has become increasingly easier with the use of information technology and the World Wide Web and the Internet. Yet the right attitudes in leadership and the adaptive challenges are as equally important as the (...) infusion of technology into classroom learning and teaching for greater democratic transformation in the knowledge society. A teacher then becomes a noble master and technology is a revolutionary servant in a more democratic learning environment for greater societal benefits. (shrink)

Present world is the victim of conflicts on the basis of misunderstanding of religious dogmas of different religions, irrationality, ignorance and intolerance. People are moving away from knowledge, truth and reason. Indeed people accept false beliefs, hallucinations and myths. The role of religious plurality in philosophy is not to integrate and harmonize religions, especially religions cannot, and rather it is the business of religious pluralism to learn, think and acquire knowledge about the variety of religious beliefs, statements and injunctions. This (...) paper determines the function of intelligence/intellect to understand religious pluralism. How and where we make mistake in the plurality of religions. In this paper there is no issue to describe the conflict between faith and reason however reason is only to think and clear the ambiguities which we are using either to integrate one religion with another or to refute the religious dogmas of other religions. That is why authority places a significant part which teaches humans how to use their reason to bring peace, tranquility and acceptance in the plurality of religions. Mostly the scholar who practicing their religions and without having the authority and knowledge of other religions they are vehemently criticizing other religions. This paper shows that what is authority and where to use it. Who are authoritative persons? If authority in one religion is transferred to another what would happen. What would happen if authority is misrepresented? This paper further illuminates the concept of rational outlook to modify and learn from different religious; furthermore we can discuss the nature of consciousness or awareness in exploring religious pluralism. Is it necessary for a person who believes in one religion to learn another religion in order to resolve the controversies and evils in different religions conditional to authority? The more we mixing up religions into each other, the more religious conflicts arise. Therefore this paper tries to furnish people's mind with consciousness about religions realities and state of affair, inculcate world with rational outlook to ponder, analyze, understand and evaluate as well tolerate and accept the truth and authenticity in the domain of religions. This study analyzes and stress on the exertion of relative vision in accordance and intimation with reason, authority and moral consciousness to resolve the conflicts, diversities and issues in the field of religious pluralism. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform (...) to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches (...) emphasises particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches. (shrink)

A number of ethical frameworks have been proposed to support decision-making in public health and the evaluation of public health policy and practice. This is encouraging, since ethical considerations are of paramount importance in health policy. However, these frameworks have various deficiencies, in part because they incorporate substantial ethical positions. In this article, we discuss and criticise a framework developed by James Childress and Ruth Bernheim, which we consider to be the state of the art in the field. Their framework (...) distinguishes aims, such as the promotion of public health, from constraints on the pursuit of those aims, such as the requirement to avoid limitations to liberty, or the requirement to be impartial. We show how this structure creates both theoretical and practical problems. We then go on to present and defend a more practical framework, one that is neutral in avoiding precommitment to particular values and how they ought to be weighted. We believe ethics is at the very heart of such weightings and our framework is developed to reflect this belief. It is therefore both pluralist and value-based. We compare our new framework to Childress and Bernheim’s and outline its advantages. It is justified by its impetus to consider a wide range of alternatives and its tendency to direct decisions towards the best alternatives, as well as by the information provided by the ranking of alternatives and transparent explication of the judgements that motivate this ranking. The new framework presented should be useful to decision-makers in public health, as well as being a means to stimulate further reflection on the role of ethics in public health. (shrink)

Purpose This paper aims to examine the challenges facing fish farmers in the use of information and communication technology in information sharing on fish farming. Design/methodology/approach This study used both quantitative and qualitative methods. It involved 240 fish farmers who were randomly selected. Questionnaires, focus group discussions, observation and key informant’s interviews were used as methods of data collection. Both descriptive and inferential statistics were used to analyse quantitative data, while content analysis was used for qualitative data. Findings It (...) was found that the most frequently used ICTs by fish farmers in sharing agricultural information were mobile phones, radio and television. Also, the study revealed that major challenges facing fish farmers in sharing information include unfavourable radio or television broadcasting time, high cost of acquiring and maintenance of ICT facilities, lack of training on ICT, poor network connectivity and low level of literacy. Moreover, it was further found that there was negative significant relationship between challenges associated with the use and degree of ICT usage by fish farmers. Originality/value The study is original with the exception of areas where citations have been made. Besides, it provides awareness and understanding of the challenges facing fish farmers in ICT usage in information sharing on fish farming, and this will enable improvement of timely provision and access to relevant information and hence improved fish farming production. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Objectives: The aim of this study is to evaluate the views of cancer patients on patient rights in the context of the right to information and autonomy according to articles related to the issue in the “Patient Rights Regulation”. Methods: The research was conducted among cancer patients in the medical oncology department of a research and practice hospital using a random sampling method between June and September 2005. Data were collected during face-to-face interviews using a questionnaire. Results: There was (...) a high rate of positive response to the items that the patients have the right to be informed (86.5%), that the physician should inform the patient on the diagnosis and the treatment (92.3%) and that the physician is obliged to inform the patient (76.9%). Only 43.3% of the patients stated that the patient has the right to refuse the treatment recommended by the physician. The participants mostly agreed that the patient should participate in decisions about the treatment and that patient consent should be given (78.8%). Conclusions: There are extensive efforts in Turkey towards making patient rights a significant supportive component of health services. For patient rights to become a natural part of medical practice it is necessary to give priority to education of both patients and physicians about patient rights and to lay emphasis on an ethical approach in the patient–physician relationship. (shrink)

Purpose Artificial intelligence (AI) has sparked interest in various areas, including marketing. However, this exhilaration is being tempered by growing concerns about the moral and legal implications of using AI in marketing. Although previous research has revealed various ethical and legal issues, such as algorithmic discrimination and data privacy, there are no definitive answers. This paper aims to fill this gap by investigating AI’s ethical and legal concerns in marketing and suggesting feasible solutions. Design/methodology/approach The paper synthesises information from (...) academic articles, industry reports, case studies and legal documents through a thematic literature review. A qualitative analysis approach categorises and interprets ethical and legal challenges and proposes potential solutions. Findings The findings of this paper raise concerns about ethical and legal challenges related to AI in the marketing area. Ethical concerns related to discrimination, bias, manipulation, job displacement, absence of social interaction, cybersecurity, unintended consequences, environmental impact, privacy and legal issues such as consumer security, responsibility, liability, brand protection, competition law, agreements, data protection, consumer protection and intellectual property rights are discussed in the paper, and their potential solutions are discussed. Research limitations/implications Notwithstanding the interesting insights gathered from this investigation of the ethical and legal consequences of AI in marketing, it is important to recognise the limits of this research. Initially, the focus of this study is confined to a review of the most important ethical and legal issues pertaining to AI in marketing. Additional possible repercussions, such as those associated with intellectual property, contracts and licencing, should be investigated more deeply in future studies. Despite the fact that this study gives various answers and best practices for tackling the stated ethical and legal concerns, the viability and efficacy of these solutions may differ depending on the context and industry. Thus, more research and case studies are required to evaluate the applicability and efficacy of these solutions in other circumstances. This research is mostly based on a literature review and may not represent the experiences or opinions of all stakeholders engaged in AI-powered marketing. Further study might involve interviews or surveys with marketing professionals, customers and other key stakeholders to offer a full knowledge of the practical difficulties and solutions. Because of the rapid speed of technical progress, AI’s ethical and regulatory ramifications in marketing are continually increasing. Consequently, this work should be a springboard for more research and continuing conversations on this subject. Practical implications This study’s findings have several practical implications for marketing professionals. Emphasising openness and explainability: Marketing professionals should prioritise transparency in their use of AI, ensuring that customers are fully informed about data collection and utilisation for targeted advertising. By promoting openness and explainability, marketers can foster customer trust and avoid the negative consequences of a lack of transparency. Establishing ethical guidelines: Marketing professionals need to develop ethical rules for the creation and implementation of AI-powered marketing strategies. Adhering to ethical principles ensures compliance with legal norms and aligns with the organisation’s values and ideals. Investing in bias detection tools and privacy-enhancing technology: To mitigate risks associated with AI in marketing, marketers should allocate resources to develop and implement bias detection tools and privacy-enhancing technology. These tools can identify and address biases in AI algorithms, safeguard consumer privacy and extract valuable insights from consumer data. Social implications This study’s social implications emphasise the need for a comprehensive approach to address the ethical and legal challenges of AI in marketing. This includes adopting a responsible innovation framework, promoting ethical leadership, using ethical decision-making frameworks and conducting multidisciplinary research. By incorporating these approaches, marketers can navigate the complexities of AI in marketing responsibly, foster an ethical organisational culture, make informed ethical decisions and develop effective solutions. Such practices promote public trust, ensure equitable distribution of benefits and risk, and mitigate potential negative social consequences associated with AI in marketing. Originality/value To the best of the authors’ knowledge, this paper is among the first to explore potential solutions comprehensively. This paper provides a nuanced understanding of the challenges by using a multidisciplinary framework and synthesising various sources. It contributes valuable insights for academia and industry. (shrink)

The concept of rights is now so dominant in the language of politics that it is becoming difficult to identify its use with any particular approach to the solution of social problems or to gain a clear picture of its significance, its advantages and its disadvantages as a way of conceptualizing and resolving contentious political issues. None the less there is a perceptible shift towards an emphasis on rights in contemporary politics which many welcome and encourage and others question (...) and even reject, a shift which is matched in jurisprudence by the renewed stress which many theorists place on rights as a basic legal concept despite recurrent problems associated with the concept as a tool for legal analysis and moral justification. Conflicting theories of legal rights are canvassed and this in turn feeds into the debate concerning the reality or significance of non-legal rights, for the process of law reform is often presented as a matter of giving legal embodiment to the rights which various interested categories of people are asserted to possess already. (shrink)

The concept of rights is now so dominant in the language of politics that it is becoming difficult to identify its use with any particular approach to the solution of social problems or to gain a clear picture of its significance, its advantages and its disadvantages as a way of conceptualizing and resolving contentious political issues. None the less there is a perceptible shift towards an emphasis on rights in contemporary politics which many welcome and encourage and others question (...) and even reject, a shift which is matched in jurisprudence by the renewed stress which many theorists place on rights as a basic legal concept despite recurrent problems associated with the concept as a tool for legal analysis and moral justification. Conflicting theories of legal rights are canvassed and this in turn feeds into the debate concerning the reality or significance of non-legal rights, for the process of law reform is often presented as a matter of giving legal embodiment to the rights which various interested categories of people are asserted to possess already. (shrink)

Pediatric oncology has a strong research culture. Most pediatric oncologists are investigators, involved in clinical care as well as research. As a result, a remarkable proportion of children with cancer enrolls in a trial during treatment. This paper discusses the ethical consequences of the unprecedented integration of research and care in pediatric oncology from the perspective of parents and physicians. An empirical ethical approach, combining (1) a narrative review of (primarily) qualitative studies on parents' and physicians' experiences of the (...) pediatric oncology research practice, and (2) comparison of these experiences with existing theoretical ethical concepts about (pediatric) research. The use of empirical evidence enriches these concepts by taking into account the peculiarities that ethical challenges pose in practice. Analysis of the 22 studies reviewed revealed that the integration of research and care has consequences for the informed consent process, the promotion of the child's best interests, and the role of the physician (doctor vs. scientist). True consent to research is difficult to achieve due to the complexity of research protocols, emotional stress and parents' dependency on their child's physician. Parents' role is to promote their child's best interests, also when they are asked to consider enrolling their child in a trial. Parents are almost never in equipoise on trial participation, which leaves them with the agonizing situation of wanting to do what is best for their child, while being fearful of making the wrong decision. Furthermore, a therapeutic misconception endangers correct assessment of participation, making parents inaccurately attribute therapeutic intent to research procedures. Physicians prefer the perspective of a therapist over a researcher. Consequently they may truly believe that in the research setting they promote the child's best interests, which maintains the existence of a therapeutic misconception between them and parents. Due to the integration of research and care, their different ethical perspectives become intertwined in the daily practice of pediatric oncology. Increasing awareness of what this means for the communication between parents and physicians is essential. Future research should focus on efforts that overcome the problems that the synchronicity of research and care evokes. (shrink)

This paper is part of a special section devoted to an interdisciplinary exploration of vulnerability, assessing the theoretical elaborations of the concept, its uses, its political significance, and methodological issues in studying it. By foregrounding feminist and phenomenological philosophical methods that center on lived experience, the paper elaborates a multidimensional theoretical framework for understanding vulnerability as a complex experience and concept. It advances a pluralist understanding of vulnerability, seeking to connect dimensions of the concept that may be fragmented (...) and focusing on its relational nature. Such a non-dualist approach entails that the political and ethical conclusions that can be drawn about vulnerability are complex and thus require critical analysis, especially of how vulnerability becomes a matter of political rhetoric, rather than straightforward prescription. Finally, in light of its complexity and ambiguity, adequate and socially just theorizing about and application of the concept of vulnerability requires more thoroughgoing interdisciplinary collaboration. (shrink)

Introducción: El consentimiento informado es un procedimiento que brinda oportunidad a los pacientes de disponer de información y participar en la toma de decisiones médicas. Sin embargo, existe el criterio de que el nivel de entendimiento de la información aportada por los facultativos al paciente, sus familiares o ambos, es bajo y además, muchos médicos lo consideran como una herramienta de trabajo secundaria o que no es necesario realizarla con inmediatez. Objetivo: Evaluar la percepción y experiencia del personal sanitario de (...) la unidad de terapia polivalente del Hospital Docente Clínico Quirúrgico "Joaquín Albarrán" acerca del consentimiento informado. Método: Estudio descriptivo realizado en la unidad de terapia polivalente del Hospital "Joaquín Albarrán" de enero a marzo del 2013. Se aplicó una encuesta a 67 trabajadores que accedieron voluntariamente a responderla. Resultados: El 60 % de los encuestados tenía menos de dos años de trabajo en la unidad y solo el 45 %, conocimientos básicos de ética médica. Únicamente el 50 % de los interrogados consideró que este procedimiento puede mejorar la relación médico-paciente. Conclusiones: Es necesario incrementar el conocimiento sobre la utilidad del consentimiento informado entre los trabajadores de la unidad para aprovechar al máximo sus beneficios. Introduction: Informed consent is a procedure that offers full opportunity for patients to have access to information and participate in medical decision-makings. However, it is believed that the information given by the doctors are not fully understood by the patients, their families or both, and besides that many doctors consider it as a second tool or something that doesn't have to be done right away. Objective: Evaluate the perception and experience of the health staff of the polyvalent unit of the surgical clinical teaching hospital Joaquin Albarrán about informed consent. Method: Descriptive study carried out in the polyvalent unit of Joaquin Albarrán Hospital from January to march 2013. A survey was given to 67 workers who voluntarily agreed to answer it. Results: The 60% of the participants had been working in the unit for less than 2 years and only 45% of them had basic knowledge of medical ethics. Only 50% of the participants considered that this procedure could help to improve doctor-patient relationship. Conclusions: It is necessary to increase the knowledge of the usefulness of the informed consent among the workers of the unit to have full profit from it. (shrink)

The functional approach to natural language (FANL) emerged in the late 1960s. It focused on the use and the sub-use of language expressions, taking into account role of the language context and the extra-linguistic situation of a given statements. This approach referred, both conceptually and methodologically, to the tradition of British analytical philosophy of language on the one hand, and to the achievements of the Lvov-Warsaw School on the other. It seems that despite the passage of more than (...) half a century since its inception, this approach has lost nothing of its relevance and its cognitive value, and may even provide inspiration for the exploration new research areas concerning the formulation of language utterances. The aim of this article is to show the potential applications of the FANL as a specific semiotic concept in the field of the philosophy of social sciences. The paper points out how the functional conception can be successfully used in methodological analyses of the logical methodology of social sciences. The case studies presented in the article refer to the research practice of social sciences. Examples of the use and sub-uses of terms are discussed in the light of the polyparadigmatic structure of social sciences and the differences in research patterns accepted by given scientific collectives. (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

What is the most general common set of attributes that characterises something as intrinsically valuable and hence as subject to some moral respect, and without which something would rightly be considered intrinsically worthless or even positively unworthy and therefore rightly to be disrespected in itself? This paper develops and supports the thesis that the minimal condition of possibility of an entity's least intrinsic value is to be identified with its ontological status as an information object. All entities, even when interpreted (...) as only clusters of information, still have a minimal moral worth qua information objects and so may deserve to be respected. The paper is organised into four main sections. Section 1 models moral action as an information system using the object-oriented programming methodology (OOP). Section 2 addresses the question of what role the several components constituting the moral system can have in an ethical analysis. If they can play only an instrumental role, then Computer Ethics (CE) is probably bound to remain at most a practical, field-dependent, applied or professional ethics. However, Computer Ethics can give rise to a macroethical approach, namely Information Ethics (IE), if one can show that ethical concern should be extended to include not only human, animal or biological entities, but also information objects. The following two sections show how this minimalist level of analysis can be achieved. Section 3 provides an axiological analysis of information objects. It criticises the Kantian approach to the concept of intrinsic value and shows that it can be improved by using the methodology introduced in the first section. The solution of the Kantian problem prompts the reformulation of the key question concerning the moral worth of an entity: what is the intrinsic value of x qua an object constituted by its inherited attributes? In answering this question, it is argued that entities can share different observable properties depending on the level of abstraction adopted,and that it is still possible to speak of moral value even at the highest level of ontological abstraction represented by the informational analysis. Section 4 develops a minimalist axiology based on the concept of information object. It further supports IE's position by addressing five objections that may undermine its acceptability. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to be complemented (...) with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and (...) governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)