Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (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)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate education, (...) development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior attempts (...) to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

O artigo descreve sinteticamente as mudanças observadas nas funções e composição do Conse­lho de Estado durante a Monarquia Constitucional, procurando indagar a relevância política de uma instituição concebida desde o início para aconselhar o monarca. Não obstante a parcimó­nia das fontes coevas, e até alguns exemplos contraditórios, parece inquestionável que em vários momentos críticos as decisões políticas do monarca foram influenciadas pela opinião do­minante no Conselho de Estado. A finalizar, o artigo apresenta uma biografia colectiva dos 73 indivíduos que foram (...) nomeados conselheiros de Estado efectivos entre 1833 e 1910 – e que po­demos definir como o núcleo central da elite governante –, focando algumas características sociodemográficas (naturalidade, idade, educação, profissão, títulos nobiliárquicos) e tipos de experiência política. (shrink)

Two decades of independence of Ukraine and the free development of Ukrainian Christianity in Kyiv traditions indicate that the time of the underground life of the Ukrainian Greek Catholic Church and the communist past of Ukrainian Christians in general left deep marks in their souls and mentality and throughout Ukrainian society. New social problems, especially of a social and economic nature, have generated in this society a number of new spiritual and social negative phenomena and challenges that the Church is (...) looking for explanations and answers: a significant dominance of people in the material purpose and its negative impact on their spiritual freedom; the inner spiritual conflict in the souls of people between religious and secular consciousness ; the need for spiritual and social equilibrium and interconfessional understanding; the latest practical atheism; the phenomenon of the so-called "man of the Soviet" - "homo sovietikus", which manifests itself in the distortion of the representatives of this group of people historically established and traditional for the pre-Soviet period and restored rudiments during the independence of Ukraine of the Ukrainian social-spiritual worldview and religious mentality. Therefore, Ukrainian Christianity, in particular Ukrainian Catholicism, faces the task of realizing Christian "reinclusion" and the new evangelization of Ukrainian society to overcome the consequences of the atheistic Soviet past, which should be based on the experience of the Universal Church. (shrink)

The purpose of this research is to provide an overview of state governance for corporate social responsibility (CSR) in the countries of the Gulf Cooperation Council (GCC). A systemic literature review method is employed to collect 88 relevant publications, and a qualitative coding method is used to identify 98 governance instruments from those publications. These are grouped into 13 themes and then examined within three conceptual models. The findings reveal that most of the instruments are geared towards ethical (...) expectations, internal and external social responsibility, raising awareness, and socio‐economic development. The findings are then explored within four theories. The results suggest that CSR governance in the GCC is at a moderate to high level of bureaucratization; reflects Islamic identity, national development targets, and business accountability; is between the stages of habitualization and objectification; and relies mostly on normative pressures. Recommendations for policymakers and company managers are then presented based on these findings. (shrink)

Given that the practices and institutions of knowledge production commonly referred to as ‘science’ are believed to have ‘Western’ origins, their apparent proliferation entails negotiations and power dynamics that shape both science and diplomacy in specific locales. This paper investigates a facet of this co-production of science and diplomacy in the emergence of knowledge infrastructure in Japan during the Allied Occupation. It focuses on the 1947 delegation from the United States National Academy of Sciences to Japan and its role in (...) creating the Science Council of Japan (SCJ). While historians view this mission as having been dispatched to provide advice on the foundation of the SCJ, it was in fact an unintentional outcome. The original plan was to recruit long-term scientific advisers on science policy to Douglas MacArthur's headquarters. The creation of the SCJ was not the brainchild of any individual but the result of an unforeseen alteration of the original idea through negotiations among various actors. By examining the transnational aspects of this process and the complex social process underlying it, and drawing on Manuel DeLanda's assemblage theory, this paper proposes the concept of ‘techno-diplomatic assemblage’ for understanding the transnational construction of knowledge infrastructure such as the emergence of the SCJ. (shrink)

This article explores the different moral and legal arguments used by protagonists in the debate about whether or not to conduct a humanitarian intervention in Darfur. The first section briefly outlines four moral and legal positions on whether there is (and should be) a right and/or duty of humanitarian intervention: communitarianism, restrictionist and counter-restrictionist legal positivism and liberal cosmopolitanism. The second section then provides an overview of the Security Council's debate about responding to Darfur's crisis, showing how its policy (...) was influenced by both normative concerns and hard-nosed political calculations. The article concludes by asking what Darfur's case reveals about the legitimacy and likelihood of humanitarian intervention in such catastrophes and the role of the UN Security Council as the primary authorising body for the use of international force. The authors argue that this case demonstrates that for the cosmopolitan/counter-restrictionist case to prevail pivotal states need to put humanitarian emergencies on the global agenda and express a willingness to act without Council authorisation, though the question of how to proceed in cases where the Council is deadlocked remains vexed. (shrink)

The failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it would (...) not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting. (shrink)

The principle of the responsibility to protect (RtoP) conceives of a broad set of measures that can be employed in preventing and responding to atrocity crimes. Nevertheless, the UN Security Council remains an important part of the implementation architecture, given what the International Commission on Intervention and State Sovereignty referred to as its authoritative position in international society as the “linchpin of order and stability.” As part of the roundtable “The Responsibility to Protect in a Changing World Order: (...) Twenty Years since Its Inception,” this review of the Council's role in fulfilling its responsibility to protect advances two somewhat contrasting arguments about the original ICISS report. First, it suggests that the commissioners may have underestimated the Council's potential contribution, by concentrating on the authorization of coercive means to address crises of human protection. Over the past two decades, the Security Council has not only employed various diplomatic, political, and humanitarian measures to address atrocity crimes but also adjusted the purposes and practices of peace operations to advance protection goals and more subtly shaped discourses and expectations about state responsibilities for protection. However, I also argue that the willingness of the ICISS to identify potential alternatives to the Security Council when its members are paralyzed appears in retrospect to have been both bold and forward looking, in light of the Council's failures to act in a timely and decisive manner to protect amid crises and the contemporary realities of geopolitical rivalry. The article concludes by suggesting that future efforts to protect populations from atrocity crimes should focus not only on the herculean task of trying to change the behavior of P5 members of the Council but also on encouraging a new institutional balance between the Security Council and other intergovernmental bodies. (shrink)

“The political form at last discovered under which to work out the economic emancipation of labor.” With these words, Marx described the Paris Commune of 1871. It “was formed of the municipal councillors, chosen by universal suffrage in the various wards of the town, responsible and revocable at short term […] a working, not a parliamentary body, executive and legislative at the same time.” The political tradition of the Commune was inherited by the Russian soviets and inspired Lenin, who explained (...) the role of those governing bodies as a “reversion to primitive democracy.” Arthur Rosenberg, professor of Ancient History at Berlin University, tried in his book Democracy and Class Struggle in the Ancient World to offer historical ground for the ideas developed by Lenin in State and Revolution and compared ancient Athenian democracy to the contemporary German and Russian councils. During the 1920s, as a communist leader and MP, Rosenberg, recalling his ideas on Athenian democracy, criticized the political degeneration of the Russian workers’ State. He stressed how Soviet Russia, in limiting the power of the councils, had suppressed the governing body of socialist direct democracy. In his work Workers’ Councils, Dutch revolutionary Anton Pannekoek renewed Rosenberg’s criticism at the end of World War II, returning to the image of ancient democratic Athens as a forerunner of the socialist councils. (shrink)

Multi-stakeholder initiatives have become a vital part of the organizational landscape for corporate social responsibility. Recent debates have explored whether these initiatives represent opportunities for the “democratization” of transnational corporations, facilitating civic participation in the extension of corporate responsibility, or whether they constitute new arenas for the expansion of corporate influence and the private capture of regulatory power. In this article, we explore the political dynamics of these new governance initiatives by presenting an in-depth case study of an organization often (...) heralded as a model MSI: the Forest Stewardship Council. An effort to address global deforestation in the wake of failed efforts to agree a multilateral convention on forests at the Rio Summit in 1992, the FSC was launched in 1993 as a non-state regulatory experiment: a transnational MSI, administering a global eco-labeling scheme for timber and forest products. We trace the scheme’s evolution over the past two decades, showing that while the FSC has successfully facilitated multi-sectoral determination of new standards for forestry, it has nevertheless failed to transform commercial forestry practices or stem the tide of tropical deforestation. Applying a neo-Gramscian analysis to the organizational evolution of the FSC, we examine how broader market forces and resource imbalances between non-governmental and market actors can serve to limit the effectiveness of MSIs in the current neo-liberal environment. This presents dilemmas for NGOs which can lead to their defection, ultimately undermining the organizational legitimacy of MSIs. (shrink)

Several presidents have created bioethics councils to advise their administrations on the importance, meaning and possible implementation or regulation of rapidly developing biomedical technologies. From 2001 to 2005, the President's Council on Bioethics, created by President George W. Bush, was under the leadership of Leon Kass. The Kass Council, as it was known, undertook what Adam Briggle describes as a more rich understanding of its task than that of previous councils. The council sought to understand what it (...) means to advance human flourishing at the intersection of philosophy, politics, science, and technology within a democratic society. Briggle's survey of the history of U.S. public bioethics and advisory bioethics commissions, followed by an analysis of what constitutes a "rich" bioethics, forms the first part of the book. The second part treats the Kass Council as a case study of a federal institution that offered public, ethical advice within a highly polarized context, with the attendant charges of inappropriate politicization and policy irrelevance. The conclusion synthesizes the author's findings into a story about the possible relationships between philosophy and policy making. "Adam Briggle has written a rich and sympathetic account of the President's Council on Bioethics led by Leon Kass. It puts in historical context the efforts of this council to move beyond the limited 'instrumentalist' approaches to bioethics taken by earlier commissions, toward a more philosophically serious effort to deliberate on the human goods put in play by modern biomedicine. In the process it answers many of the charges of politicization and corrects the record concerning the council's work." --_Francis Fukuyama, The Johns Hopkins School of Advanced International Studies_ "What an eloquent, humane, and wise book. Briggle discovers an imperfect yet fascinating effort to bring the world of biomedical research into the domain of public philosophy. His scholarship and generosity make clear that a democratic society need not be morally shackled to the realm of the possible that science is constantly expanding." --_Daniel Sarewitz, Consortium for Science, Policy, and Outcomes, Arizona State University _ "This is the most persuasive and thoughtful reconstruction of the Kass Council's goals and rationale that I have seen. Adam Briggle's account of the notion of a 'richer' bioethics is comprehensive an well-reasoned." --_Jonathan D. Moreno, University of Pennsylvania _ "Adam Briggle has written a fine book on a complex, controversial topic. He shows the wisdom of the approach to bioethics taken by the Kass Council, sets right the unfair and often nasty attacks on the council and Kass himself, and offers a perceptive and wide-ranging look at the terrain of ethics." --_Daniel Callahan, The Hastings Center _. (shrink)

ABSTRACT The role of the Catholic Church as conservative watchdog in the ‘culture wars’ of the 1970s and 1980s, with regards to issues of contraception, abortion and divorce, has perhaps obscured its more complicated stance on social issues. This article focuses on a significant shift in thinking with regards to the unacceptability of poverty and the role of the state in welfare provision in the 1960s and 1970s. It argues that in Ireland Catholic ideas, given a public platform by (...) the Second Vatican Council, had a significant impact on clerics and people, creating social justice agendas that could both influence government policy and inspire its critique. While obviously not solely responsible for the shift to the left that occurs in this period, this article highlights the significance of Catholic ideas in shaping attitudes to poverty and welfare in the Irish context. Reflecting on the longer history on the role of Catholic ideas in Irish society, this article concludes with the suggestion that the frequent alignment of the institutional Church and successive governments in many areas implies the need for further analysis of the influence of class interests in determining policy and shaping attitudes, interests which transcend the lens of church versus state. (shrink)

This work studies the Great Council of Malines as an institution. It analyzes the Council's internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council, and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of (...) class='Hi'>state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns' striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands, and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation. (shrink)

This paper addresses the work of the Council of Europe in the fight against corruption. It presents briefly the Council of Europe’s organisation, activities and priorities and goes on to introduce its work in the fight against corruption. Activities in this field are carried out by the Multidisciplinary Group on Corruption (GMC) which is made up of governmental representatives of the forty Member States of the Organisation and in accordance with a Plan of Action against Corruption. Following work (...) by the GMC, the Committee of Ministers, the decision-making body of the Council of Europe, adopted in 1997 ‘The 20 Guiding principles for the Fight against Corruption’ and in 1998 ‘The Agreement establishing the Group of States against Corruption-GRECO’ which will be called upon to monitor States’ compliance with their international commitments in the fight against corruption. Three international legal instruments are currently under preparation by the GMC, namely: a convention on corruption (dealing with the criminal aspects of the problem), a convention on civil remedies resulting from corruption and a European model code of conduct for Public Officials. Work on these instruments is well advanced and it is expected that they will be adopted before the end of 1998. (shrink)

As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution for (...) making decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place. (shrink)

In light of a history of an unethical news media system used by the state as an instrument of oppression, media ethics in South Africa is intended to uphold the foundational tenets of journalism and play a pivotal role in addressing issues of diversity, equity, and social justice. Most recently, the 2021 Inquiry into Media Ethics and Credibility report instructed media watchdogs, such as the South African Press Council, to track data concerning ethical breaches based on the potential (...) that such data can contribute to transparency and accountability. This study examines the trends in ethical issues raised in rulings by the South African Press Council (PCSA) over the period 2018–2022. Our analysis found that most of the South African news media publications registered with PCSA have a good track record when it comes to upholding ethical standards. However, a few publications have a disproportionate share of the complaints against them. (shrink)

State aids law has become a major subject in its own right. Article 107 of the Treaty on the Functioning of the European Union (TFEU), which lays down the substantive rules on state aid, and Article 108 TFEU, which provides for the procedural rules, form part of the treaty chapter on competition. However, there are now several important pieces of legislation. The first is Council Regulation 994/98/EC, which applies Articles 107 and 108 TFEU. The gist of the (...) regulation is that the Commission is authorized to adopt block exemptions for certain categories of aid. On this basis, the Commission has adopted a number of regulations, which will be discussed in this chapter. The enforcement of the state aid rules by the Commission has been essential in containing the crisis. The Commission efforts have been supplemented by the policies of the European Central Bank, which provided enhanced credit support. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

Hannah Arendt’s On Revolution offers a critique of modern representative democracy combined with a manifesto-like treatise on council systems as they have arisen over the course of revolutions and uprisings. However, Arendt’s contribution to democratic theory has been obscured by her commentators who argue that her reflections on democracy are either an aberration in her work or easily reconcilable within a liberal democratic framework. This paper seeks to provide a comprehensive outline of Arendt’s writing on the council system (...) and a clarification of her work outside the milieu of the post-cold war return to Arendt. Her analyses bring to light a political system that guarantees civil and political rights while allowing all willing citizens direct participation in government. Framing her discussion within the language of the current renewed interest in constituent power, her council system could be described as a blending together of constituent power and constitutional form. Arendt resists the complete dominance and superiority of either element and argues that the foundation of a free state requires nothing less than the stabilisation and persistence of constituent power within an open and fluid institution that would resist either the bureaucratisation of politics or its dispersal into a revolutionary flux. Although one may conclude that her institutional suggestions are far from flawless, her political principles allow a conceptualisation of democracy in more substantial ways than current liberal political philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:230 Feminist Studies 47, no. 1. © 2021 by Feminist Studies, Inc. Nneka D. Dennie The State and Future of Black Women’s Studies: The Black Women’s Studies Association and the National Women’s Studies Association in Conversation On February 25, 2021, the Black Women’s Studies Association (BWSA) and National Women’s Studies Association (NWSA) partnered for one of NWSA’s Kitchen Table Talks—a new initiative spearheaded by NWSA President Kaye Wise (...) Whitehead to foster dialogue between NWSA and other organizations. The event, titled “Space Making: State/Future of Black Women’s Studies,” featured three panelists and was moderated by Whitehead. The featured speakers were Stephanie Andrea Allen (BWSA conference chair), Jacinta R. Saffold (BWSA co-founder and treasurer), and Erica L. Williams (member of the NWSA Governing Council). Allen is a Black lesbian writer and publisher whose scholarship examines how lesbian literature and film responds to and resists the heteropatriarchal systems that invisibilize Black lesbians; she is a postdoctoral fellow and visiting assistant professor of gender studies at Indiana University. Saffold is an assistant professor of English at the University of New Orleans who researches twentieth- and twenty-first-century African American literature, hip hop studies, and digital humanities. Williams is an associate professor of anthropology at Spelman College, whose work has examined sex tourism and Black feminist activism in Brazil. Together, Whitehead, Allen, Saffold, and Williams explored their hopes for Black Women’s Studies and illuminated the challenges and joys of advancing the field. News and Views 231 The collaboration between BWSA and NWSA is a testament to how far Black Women’s Studies has come over the past fifty years and a promise of where it may continue to go in the future. NWSA was founded in 1977 and has since served as a hub for researchers, educators, and practitioners who interrogate questions of women and gender in their work. For decades, NWSA has been central to the nationwide US institutionalization of women’s, gender, and sexuality studies. By contrast, BWSA is a young organization that is continuing to grow. In 2018, Saffold and I co-founded BWSA in order to provide a community for scholars working in the field of Black Women’s Studies. BWSA is the only professional association specifically designed to bring scholars from a variety of disciplines into conversation about research that centers Black women. We launched BWSA with the goal of ensuring that future generations of scholars can readily access networks and mentorship from researchers who encounter a common question: when your work is simultaneously “too Black” and “too woman” for your field, department, or institution, what do you do? Drawing inspiration from well-established organizations in which we frequently participated, such as NWSA, the Association for the Study of African American Life and History (ASALH), the Association of Black Women Historians (ABWH), and the African American Intellectual History Society (AAIHS), Saffold and I sought to build a space that cultivated a Black feminist ethic of care for both the research and the researchers. In that spirit, BWSA provides resources to help scholars do their best work, including a mentorship program, a virtual writing community, a calls-for-papers list for publications, and article as well as graduate student paper prizes. It was an honor to join an organization as trusted and respected as NWSA for a dialogue about our shared visions for Black Women’s Studies. Three key themes emerged from the panelists’ conversation with each other. They repeatedly returned to the importance of making financial commitments to Black Women’s Studies, creating conditions to support Black women’s intellectual labor, and practicing self-care. Speakers explored the interplay between the responsibilities that institutions, communities, and individuals have to Black Women’s Studies and Black feminist scholars. They observed that in order for departments and universities to foster interdisciplinary work on Black women, they need to move beyond paying lip service to the idea that diversity, equity, and inclusion matter; there needs to be permanent funding for work on race, 232 News and Views gender, class, and sexuality. Panelists also emphasized that Black women being in community with each other and supporting one another have always been central to... (shrink)

To study Judicial determinants of the ordered obstetrical and fertility interventions. Nature, corresponding laws, decisions upon the 37 expounded holdings at the Probate, Trial, District, Appellate, and Supreme Courts are studied in 92 published materials identified through the ACOG, RCOG, SOCG portals, and Legal Scholarship Repository. Hearings are held in the US (83.8 %), Canada (10.8 %) and U.K (5.4 %). Of all the hearings reviewed, 27 % concern mentally impaired, 37.8 %-maternal incompetence, and 21.6 % cases are of criminal (...) nature. The Judicial determinants vary from country to country. In Canada, the ordered medical interventions are effected by the child protection legislation, whereas in the US, by court orders. In majority of cases, orders are obtained by dismissing the patriae petitions for involuntary sterilizations of mentally impaired sui juris adults (57 %); coerced obstetrical interventions (33.3 %), fetal custody (50 %); enforcement of surrogacy contracts (62.5 %) in favor of the Common Humanity Benefit clause; and recognizing the rights to inherit in posthumously conceived children (80 %) pursuant to the Social Security Act, Law of obviousness, Law of inherent anticipation, and Intestacy statute. Current study prioritizes two questions: (1) whether it is justified to override the wishes of a competent patient purportedly in her best interests; and (2) whether the patient’s autonomy and competence is an absolute concept. With the law unsettled as to a woman’s right to assent a treatment and contradict her fetus, parties concerned with fetal rights should consider exercising of screening tools on maternal judgmental fitness jointly developed by medical and legal practitioners. Further, given the advances in gamete conservations, states consider enacting legislation in order to safeguard the orderly administration of estates disrupted by claims from posthumously conceived children. A balance must be struck between the child’s right to inherit, the state’s interest, as well as the interests of prior born children. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the (...) class='Hi'>Council (i.e., embryos have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements. (shrink)

On the same day, 23 September 2003, that President George W. Bush defended his Iraq policy to the General Assembly of the United Nations, Secretary-General Kofi Annan also spoke to the Assembly. Annan reiterated his opposition to the view that states may independently be justified in using military force “preemptively” to avoid the dangers posed by the spread of weapons of mass destruction among states and terrorists, including nuclear, biological, and chemical weapons.

The Nuffield Council on Bioethics' recent report on the ethics of the donation of bodily material for treatment and research (Human Bodies: Donation for Medicine and Research. www.nuffieldbioethics.org/human-bodies) brings to the fore the much-debated question of how far society should go in trying to encourage people to donate their bodily material. Based on conclusions reached by the Working Party with respect to the duties of the stewardship state, the role of altruism and of solidarity, public interest in health-related (...) research, the welfare of the donor and the importance of ‘professional values’ such as trust and respect, the report presents an ‘Intervention Ladder’ that sets out the ethical acceptability of various ways of encouraging people to donate. Policy recommendations are made in a number of areas including organ donation, gamete donation, volunteering for clinical trials and the use of donated tissue in research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:News from the President’s Council on BioethicsF. Daniel Davis (bio) and Diane M. Gianelli (bio)As most readers of this column already know, the President's Council on Bioethics went through a major transition during the past year when Leon Kass—in October 2005—handed the chairman's gavel over to Georgetown University's Edmund Pellegrino. Dr. Kass has remained on the Council as a member.1When the gavel change took place, the (...) Council's phone started ringing. Everyone wanted to know the same thing: What topics would the Council take up this term? Dr. Pellegrino's answer was always the same: The Council's agenda would be established through a consultative process with the members themselves and with an eye to those problems and controversies in bioethics to which we, as a body, can make a contribution.Taking its cue from the list of potential topics suggested by members, the Council—over the course of the next several meetings—listened to experts on such topics as children and bioethics (with a focus on children in clinical research), organ transplantation, and that oft-cited-but-hard-to-define concept, "human dignity."The latter topic entered the arena of discussion because it is a concept that is cited frequently in the bioethics literature, and it is also one that has figured prominently in Council discussions and documents. Although the concept is widely invoked, there is no universal understanding of what it means, and it is not easy to encapsulate into a one-size-fits-all definition. Indeed, some critics maintain that appeals to human dignity are fig leaves used to camouflage unconvincing arguments. So between December 2005 and April 2006, the Council devoted several sessions to various perspectives on "human dignity: its meaning, its foundations, and its relevance to bioethics." After hearing from James Childress, Patricia Churchland, Daniel Sulmasy, and Paul Weithman2 on the topic, the Council decided to issue a volume of approximately 20 essays, some by Council members and others by scholars from a variety of relevant disciplines.3 The volume is expected to encompass a broad array of opinion on the topic of human dignity and is scheduled to be published next spring."Children" were also the focus of several sessions during the past year. The Council's last report addressed care giving for the elderly.4 After it was issued, several members suggested it was time to focus on the youngest members of [End Page 375] society. The challenge, of course, was to find a topic that was both timely and relevant—and one about which the Council was uniquely qualified to make a contribution. A number of experts in a variety of related fields testified before the Council about possible issues it could explore: newborn screening for genetic disorders; decision-making standards for those who lack capacity; ethical issues in neonatal and pediatric intensive care; pharmacology and psychiatric disorders in children; and children and clinical research. In addition, a number of groups and individuals involved in related topics met with staff to discuss their interests and concerns.This exploratory engagement with facets of the broad topic of children and bioethics led the Council to focus, more narrowly, on a cluster of issues concerning newborn screening for genetic disorders—a topic on which it is likely that the Council will issue a white paper, possibly by next summer. The stimulus for this particular focus has been the American College of Medical Genetics's recommendation that all newborns in the U.S. be screened for a panel of 29 disorders.5 Currently, each state decides for its residents which conditions are subject to mandated screening, so it is possible to get early diagnoses of treatable disorders in one geographical area but not in another. Proponents of screening find the federal approach to mandated screening more equitable. Potential ethical problems, however, exist with the proposal. Some want to ensure that newborns are screened only for treatable conditions on grounds that it would be too burdensome to discover one is carrying the gene for a late-onset disease that cannot be prevented. Others want to make sure that insurance coverage for individuals and their families is... (shrink)

: The President's Council on Bioethics has tried to make a distinctive contribution to the methodology of such public bodies in developing what it has styled a "richer bioethics." The Council's procedure contrasts with more modest methods of public bioethical deliberation employed by the United Kingdom's Warnock Committee. The practices of both bodies are held up against a backdrop of concerns about moral and political alienation, prompted by the limitations of moral reasoning and by moral dissent from (...) class='Hi'>state policy under even the most democratic of governments. Although the President's Council's rhetoric is often scrupulously conciliatory, recurring features of its argumentative practice are regrettably divisive. They order these things better in Britain. (shrink)

The focus of this article is on the Business Council of Australia, an association of the CEOs of the 100 or so largest companies operating in Australia. Since its inception the BCA has been an influential supporter of largely successful efforts to neoliberalize and internationalize the Australian economy. Running in parallel with these developments, however, the BCA has moved from being a “somewhat strong” to a relatively weak policy organization. This article argues these two trends are causally related. Neoliberal-inspired (...) economic restructuring and economic internationalization have weakened the “logic of membership” and the “logic of influence” of the BCA, leading to a process of organizational involution. Furthermore, potential offsets to what I describe as the organizational predations of neoliberalism and internationalization—especially via a willingness or capacity to forge supportive or mutualistic relations with the state—have not been realized. (shrink)

Norm entrepreneurs have made significant strides in advancing sexual orientation and gender identity resolutions at the UN Human Rights Council. However, these advancements are being fiercely contested. This paper examines the development of SOGI at the Council including how states advocate for and contest SOGI and the extent to which their positions are mutable. Resolution 32/2 of 2016, which created an independent expert, is the central focus of the paper. Participant interviews and content analysis of documents and statements (...) are used to provide an in-depth analysis of how states advocate their positions on SOGI. The paper finds that framing is the primary tool used by states. Both proponents and opponents of SOGI believe their own positions are universal and adhere to prior international law, while their opponents’ positions are relativist and revisionist. The paper further finds that deadlock on SOGI resolutions is imminent until Member States’ domestic legislation changes. (shrink)

Over recent years, science and technology have been reassessed increasingly in ethical terms. Particularly for life science governance, ethics has become the dominant discourse. In the course of this ‘‘ethical turn’’ national ethics councils were set up throughout Europe and in the United States to advice politics in ethically controversial issues such as stem cell research and genetic testing. Ethics experts have become subject to traditional warnings against expertocracy: they are suspected to unduly influence political decision-making. However, any reliable ethics (...) expertise has to reflect societal disagreements in moral issues. Therefore, expert dissent is a normal feature of legitimate ethics expertise. Based on theoretical considerations we argue that in principle, expert dissent does not cause problems for political legitimacy; rather, it enhances the salience of politics: obviously decisions on ethical issues cannot be taken on the basis of expert knowledge alone. We therefore conclude that expert dissent, not consent, supports politics. Focussing on Germany and Austria, we show how politics deal with expert dissent in practice. While in Germany politics acknowledge dissent and use it to foster a fundamental political debate, Austrian politics attribute authoritative power to ethics expertise and try to construct an overall consensus. This illustrates how the drawing of boundaries between politic and expertise differs. (shrink)

Ever since the end of the Second World War, Rational Actor models have dominated strategic thinking at all levels of government policy and military planning. In the confrontation between states, and especially during the Cold War, these models were insightful and useful in anticipating a wide array of challenges and in stabilizing the world peace enough to prevent nuclear war. But now our society faces a whole new range of challenges from non-state actors who are committed to die in (...) order to kill and terrorize enough of our citizens to change the course of history. The darkest fear in the current struggle with terrorism is a nuclear bomb exploding in a major city. (shrink)

The development of international human rights norms and law is an often-contentious process. Despite significant gains from recent research on the development and implementation of human rights law, little research has focused on strategies of contestation prior to final outcome documents like resolutions, declarations, or treaties. Amendments to UN Human Rights Council resolutions are a form of contestation, particularly validity contestation that happens prior to the passage of Council resolutions. This paper examines the use of amendments by states (...) using descriptive statistics from Council proceedings from 2006 through 2018 as well as case studies on women’s rights and civil society space to illustrate how states use amendments to frame their positions. Amendments are increasingly being used by states from the Global South to contest the validity of potential human rights norms at the Council. The long-term impacts of the use of amendments are an often overlooked but important part of the Council’s ability to promote and protect rights. (shrink)