This chapter contains sections titled: Ahoy! The Sublime Poetry of Sail and Wind Poseidon's Wrath She Moves One is Free … on a Boat?

We commend the authors for their comprehensive discussion on consent and episiotomies.1 They correctly observe that informed consent for all proposed interventions in maternity care is always necessary. The claim that consent for maternity health services does not always have to be fully informed or explicit, however, is erroneous. We are especially concerned with, and surprised by, the endorsement of ‘opt-out consent’. ‘Opt-out consent’ (a.k.a. substitute decision making) is already standard practice in maternity healthcare, with obstetric violence a normalised response (...) to conclusive refusals or requests for explanations. Informed consent is based on the fundamental human rights to bodily autonomy and integrity, which healthcare providers are obliged to respect. Healthcare structured around human rights violations is not care. It is cruel and inhumane treatment—a violation of yet another fundamental human right—and a reflection of poor-quality care. To be valid, consent must always be informed, specific, timely, freely given and reversible. The provider must provide information specific to each and every proposed intervention in a timely manner. The consumer has the right to consider, freely accept or refuse before providers can act. They can also change their mind at any time. Provider attempts to substitute consumer decision-making rights constitute assault and battery. Whether the infraction was major or minor is of no consequence to human rights law. National courts create artificial …. (shrink)

The first half of Aiskhylos' "Agamemnon" presents three crimes of the House of Atreus: the sacrifice of Iphigeneia , the wasting of young Argive lives at Ilion and the treading of the materials as the victorious king reenters his palace . We argue that the sequential presentation of the crimes of the House, which are connected thematically, stylistically, and causally, radically redefines the nature of transgression within contemporary models of the polis community. Crime as defined in relationship to oikos (...) alone is displaced by crime as defined in relationship to both oikos and the broader polis community; transgression moves from an aristocratic to an isonomic context. This redefinition culminates in the "Carpet-Scene." We reread Agamemnon's nostos as a contest of epinikia. The king represents himself as victorious idiôtês, and Klutaimestra strives to figure him as returning tyrant. She succeeds in the stichomythia, where Agamemnon fails to recognize the crucial distinction between φθόνος and ζῆλος. Aristotle differentiates the terms at Rhet. 1387-88, where φθόνος is envy toward a social superior and ζῆλος the emotion one experiences in rivalry between equals; we document the development of the terms from the archaic period onwards, demonstrate that Aristotle's distinction is valid for the late archaic and classical periods, and suggest that it arose in an attempt to outline relationships of appropriate and inappropriate competition among fellow-citizens. Agamemnon's failure to recognize this important distinction betrays his misunderstanding of the dynamics of, and his agreement to walk on the materials is an offense against, isonomic community. The rearticulation of the nature of transgression completed by this crime of Agamemnon against the polis does fundamental ideological work for the rest of the Oresteia, offering an aetiology of the claims of the polis against the aristocratic oikos. (shrink)

This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. Thus their approach (...) is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom", takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:At St. Isidore’s Franciscan College in Rome, the following maxim attributed to St. Patrick is inscribed above the door-way of the church: Si quae difficiles quaestiones in hac insula oriantur ad Sedem Apostolicam referantur; ut Christiani ita et Romani sitis.1 The college was founded in 1625 by Luke Wadding, O.F.M. and, under his direction, became a major seat of theological learning and political influence for the Irish in Rome.2 (...) In the nineteenth century, the Friars Minor of the Province of Ireland assigned many documents from St. Isidore’s for use in their Irish friaries. In 1872, amid the unrest caused by the Risorgimento, medieval and early-modern Irish Franciscan manuscripts were transferred to Dublin.3 At the Merchants’ Quay Convent, the librarians T.A. O’Reilly, O.F.M. and E.B. Fitzmaurice, O.F.M. divided the manuscripts into sections with alphabetically ordered shelf-marks.4 This practical approach followed the long-established system used at Italian libraries and archives in Franciscan custody.5 From 1947 until 2000, the manuscripts of the Irish Friars Minor were kept at the Franciscans’ Dún Mhuire House of Studies in Killiney, County Dublin, before their transfer to the Archives, University College Dublin.The ‘D’ collection is preserved in twenty-six sets of volumes, folders and boxed papers. The greater part consists of Luke Wadding’s correspondence, relating to his activities as theologian, historian, Irish agent in Rome and consultor to several congregations and commissions at the papal secretariat.6 In the 1920s, Paul Grosjean, S.J. included four manuscripts then housed at Merchants’ Quay in a catalogue of hagiographical works.7 Clement Schmitt, O.F.M. treated of a collection of the Franciscan documents kept in Dublin in 1964.8Letters to and from Luke Wadding are also preserved at the Vatican Library; the Archivo Generale at the General Curia of Friars Minor, Rome; the Biblioteca Landiana, Piacenza; the Biblioteca Nazionale, Naples; the Biblioteca Ambrosiana, Milan; the Archives of the Bollandists, Brussels; the Archives Générales de Royaume, Brussels; the Von Harrach Archive, Vienna; and the Franciscan friary of St. Jerome in Vienna.9Compared to some six hundred that Luke Wadding received, “the text of approximately one hundred of his letters, in whole or in part, has survived.”10 Nearly all Wadding’s extant correspondence dates from the three decades after the publication of his Acta legationis on the doctrine of the Immaculate Conception in 1624. Most of his letters were sent from St. Isidore, some from the friaries of Aracoeli and San Pietro in Montorio, Rome, and a few from Naples.11Luke Wadding was born in Waterford on October 16, 1588, the eleventh of fourteen children.12 He was baptized two days later on the Feast of St. Luke. His father Walter was a well-established Waterford merchant and his mother Anastasia a kinswoman of the prominent Lombard family of Waterford. After the death of his parents, Luke left Ireland with his elder brother, Matthew, who enrolled him at the Irish Jesuits’ College in Lisbon. At seventeen years of age, Wadding made his way to Matozinhos in northern Portugal, near Oporto, where he entered the Franciscan Order. On completion of his novitiate, Wadding’s superiors sent him to the University of Coimbra and from there, to Salamanca. At Easter 1613, Luke Wadding was ordained to the priesthood after his studies. He was then appointed as a professor of theology at the Franciscan College of León and later at his own alma mater, Salamanca.13Called to the Spanish capital, Luke Wadding stayed at the Convent of Jesus and Mary in the south-east of Madrid where “lived not only the heads of the Franciscan Order in Spain but also the principal preachers.”14 Such was the distinction Wadding achieved that he was chosen by Philip III for the office of theologian in the embassy sent to defend the doctrine of the Immaculate Conception in Rome.15 He lived there for almost forty years, in which time he founded St. Isidore Franciscan College, the.. (shrink)

Because of accelerating technological progress, humankind may be rapidly approaching a critical phase in its career. In addition to well-known threats such as nuclear holocaust, the propects of radically transforming technologies like nanotech systems and machine intelligence present us with unprecedented opportunities and risks. Our future, and whether we will have a future at all, may well be determined by how we deal with these challenges. In the case of radically transforming technologies, a better understanding of the transition dynamics (...) from a human to a "posthuman" society is needed. Of particular importance is to know where the pitfalls are: the ways in which things could go terminally wrong. While we have had long exposure to various personal, local, and endurable global hazards, this paper analyzes a recently emerging category: that of existential risks. These are threats that could case our extinction or destroy the potential of Earth - originating intelligent life. Some of these threats are relatively well known while others, including some of the gravest, have gone almost unrecognized. Existential risks have a cluster of features that make ordinary risk management ineffective. A final section of this paper discusses several ethical and policy implications. A clearer understanding of the threat picture will enable us to formulate better strategies. (shrink)

Caring for unrepresented patients encompasses legal, ethical, and moral challenges regarding decision-making, consent, the patient’s values, wishes, best interest, and the healthcare team’s professional integrity and autonomy. In this article, I consider the impact of the aging population and the effects of the social determinants of health and suggest that without preventive intervention, the number of unrepresented patients will continue to increase. The health, social, and legal risk factors for becoming unrepresented require a multidisciplinary response. Medical-Legal Partnerships (MLPs) bring healthcare (...) and legal professionals together to address risk factors and health-harming legal needs. The article discusses the role of MLPs in identifying at-risk individuals, providing preventive interventions, and providing support. I make recommendations and conclude that proactive MLPs offer a sustainable approach to the ethical challenges in caring for unrepresented patients by providing interventions to prevent individuals from becoming unrepresented. (shrink)

The coronavirus disease 2019 pandemic has strongly affected oncology patients. Many screening and treatment programs have been postponed or canceled, and such patients also experience fear of increased risk of exposure to the virus. In many cases, locus of control, coping flexibility, and perception of a supportive environment, specifically family resilience, can allow for positive emotional outcomes for individuals managing complex health conditions like cancer. This study aims to determine if family resilience, coping flexibility, and locus of control can (...) mitigate the negative affect caused by the pandemic and enhance positive affect in breast cancer patients. One hundred and fifty-four female patients with breast cancer completed the Walsh’s Family Resilience Questionnaire, the Perceived Ability to Cope With Trauma Scale, the Positive-Negative Affect Schedule, and the Mini Locus of Control Scale. Family resilience and internality of locus of control contribute significantly to positive affective responses. Family resilience is responsible for mitigating the negative affect perceived during the pandemic and is enhanced by external locus of control. Evidence suggests that clinical psychologists should develop and propose programs to support oncology patients’ family resilience, coping flexibility, and internal locus of control, allowing for decreased stress and improved adaptability for effectively managing cancer treatment during the pandemic. (shrink)

The article examines the gender disparities as women are at a greater risk to exertional heat illness that may go unreported in the industry, according to several reports. It is important to study the behavioural heat adaptations and prevalent behaviours for workers in order to understand the magnitude of the danger they face. Cooking is considered a safe occupation, but hazards certainly do exist and can represent a risk to the health and safety of the workers. Controls can be established (...) to reduce the risk of illness. To attract and retain workers, the food service business must provide a good quality of life. Contribution: The study suggests how female workers in the catering establishments can adjust their behaviour to improve their experience at work. Are women more vulnerable to environmental parameters? Christian theology provides women equal status with men (Kategile 2020 ), however there are traces of androcentric aspects within the Bible. Women’s involvement in development is based on the theological premise that true development must have a holistic approach towards human development (Onwunta 2009 ). However, Sibani ( 2017 ) stated that the role of God or a creator of a religion, is always taken by a male and a woman’s place is in the household. The article conducts a comprehensive analysis of the literature on the various behavioural adaptation mechanisms used by kitchen staff to cope with heat exposure at work. Thermal tolerance variations are becoming more pronounced because of ethnicity and cultural differences. Health interventions and enhanced work performance are important objectives of workplace safety. Regulated heat in the workplace can be factored into the theory concerning the relationship between gender differences and contextual components. This would increase female food service workers’ understanding of thermal comfort, which is beneficial to productivity efficiency, worker satisfaction and well-being of workers. (shrink)

Background In long-term care, registered nurses and other care providers often experience tensions between ideals and realities in the delivery of services, which can result in stress of conscience. Burnout, low quality of care and a tendency to leave the profession are perceived as consequences. Objectives This study aimed to identify the socio-demographic and work-related factors associated with a high level of stress of conscience, particularly between nursing occupations. Research design A cross-sectional survey was conducted among care providers who worked (...) in Norwegian nursing homes and home care services in the spring of 2021. The sample consisted of 950 registered nurses and 1143 other care providers. Data were collected online using the Stress of Conscience Questionnaire (SCQ). Ethical considerations Participation was voluntary and based on consent. The study was approved by the Norwegian Center for Research Data. Results Registered nurses were nearly twice as likely to report high levels of stress of conscience compared to other care providers in long-term care. In addition, being a female, living alone, caring for their own children, working in an institution (versus home based), working >75% time, working shifts, not having scheduled meetings for ethical reflection and working in municipalities with a higher population density were factors associated with a high level of SCQ score. Discussion Knowledge of factors that increase the risk of high SCQ scores in registered nurses provides opportunities for prevention. Managers in long-term care should pay more attention to how work is distributed between the occupational groups and should facilitate real opportunities for ethical reflection. Conclusions The results of this study show that registered nurses have particular exposure to high levels of stress of conscience compared to other care providers in long-term care. Particular attention should be paid to registered nurses working in nursing homes. (shrink)

In this paper, I defend a position contrary to a popular view of distributive justice. Residents of flood-prone or otherwise hazardous areas, like the Gulf South of the United States, receive substantial amounts of aid, paid through taxes on people living elsewhere in the US, after natural disasters that frequent the region. In popular discourse, some argue that we have reason not to (re)build in high-risk or hazardous areas, like the Gulf South. Instead, these residents, and others in (...) similarly situated regions, should “relocate.” If residents choose to stay, then the government and taxpayers do not owe them financial compensation to rebuild. Against that view, I argue that egalitarians commit to compensating many such people. However, I propose broadening our understanding of ‘compensation’ and going forward, focus on agency-enhancing efforts as compensation instead of solely relying on standard post-disaster financial compensation, as current policies generally do. Later in the paper, I offer a metric and tiered system that proposes alternatives to the standard compensation and claim that agency-enhancing compensation aligns with the egalitarian’s commitment to compensate individuals following a natural disaster. I conclude that a tiered system and a broader compensation approach provides egalitarians with more options than the current standard compensation allows. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Repetition learning is an efficient way to enhance memory performance in our daily lives and educational practice. However, it is unclear to what extent repetition or multiple exposures modulate different types of memory over time. The inconsistent findings on it may be associated with encoding strategy. In this study, participants were presented with pairs of pictures once or three times and were asked to make a same/similar/different judgment. By this, an elaborative encoding is more required for the “same” and (...) “similar” conditions than the “different” condition. Then after intervals of 10 min, 1 day, and 1 week, they were asked to perform a recognition test to discriminate a repeated and a similar picture, followed by a remember/know/guess assessment and a contextual judgment. The results showed that after learning the objects three times, both item memory and contextual memory improved. Multiple exposures enhanced the hit rate for the “same” and “similar” conditions, but did not change the false alarm rate significantly. The recollection, rather than the familiarity, contributed to the repetition effect. In addition, the memory enhancement was manifested in each encoding condition and retention interval, especially for the “same” condition and at 10-min and 1-day intervals. These results clarify how repetition influences item and contextual memories during discriminative learning and suggest that multiple exposures render the details more vividly remembered and retained over time when elaborative encoding is emphasized. (shrink)

Family income is associated with gray matter morphometry in children, but little is known about the relationship between family income and white matter structure. In this paper, using Tract-Based Spatial Statistics (TBSS), a whole brain, voxel-wise approach, we examined the relationship between family income (assessed by income-to-needs ratio) and white matter organization in middle childhood (N = 27, M = 8.66 years). Results from a nonparametric, voxel-wise, multiple regression (threshold-free cluster enhancement, p < 0.05, FWE corrected) indicated that lower family (...) income was associated with lower white matter organization (assessed by fractional anisotropy) for several clusters in white matter tracts involved in cognitive and emotional functions including fronto-limbic circuitry (uncinate fasciculus and cingulum bundle), association fibers (inferior longitudinal fasciculus, superior longitudinal fasciculus), and corticospinal tracts. Further, we examined the possibility that cumulative risk exposure might function as one of the potential pathways by which family income influences neural outcomes. Using multiple regressions, we found lower fractional anisotropy in portions of these tracts, including those found in the left cingulum bundle and left superior longitudinal fasciculus, was significantly related to greater exposure to cumulative risk (β = -0.47, p < 0.05 and β = -0.45, p < 0.05). (shrink)

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly (...) reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts. (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] Boonin’s The Non-Identity Problem and the Ethics of Future People and Rivka Weinberg’s The Risk of a Lifetime: How, When and Why Procreation May Be Permissible are both important books for those interested in procreative ethics. Each argues for surprising and controversial conclusions: Boonin argues that we should solve the non-identity problem by accepting its apparently unacceptable conclusion (...) that actions cannot be wrong due to their effects on future people whose lives are worth living and who would not exist were the actions not performed; Weinberg argues that there is no non-identity problem, that future children have no interest in existing, but significant interest in avoiding harm and that procreation is, therefore, a much more morally risky business than we tend to think. Even if... (shrink)

Purpose This paper aims to expose the challenges facing the attempt by Jamaica to introduce a new digital ID system without adequate regard to public consultation and the rights of citizens. Design/methodology/approach The method used is critical text analysis and policy analysis, providing background and relevant factors leading up to the legislative changes under review. Extensive literature sources were consulted and the relevant sections of the Jamaican constitution referenced and analysed. Findings The case study may have national peculiarities not applicable (...) in other jurisdictions. Its introduction acknowledges that the Jamaican Government may amend and re-submit the legislation, absent the flawed clauses. The paper however will remain valid given its detailed analysis and exposure of risks associated with biometric data collection, face recognition technology and data storage flaws. Practical implications It will be a practical example of the risks associated with flawed biometric data collection and the role of Courts in reviewing such legislation. Referrals to the Courts can be used as a remedy, as occurred not only in Jamaica but also in many other jurisdictions, including India and Kenya. Social implications The paper foregrounds the rights of citizens to be consulted on the collection and storage of their sensitive biometric data. The social implications and risks of violating the constitutional rights of citizens were made evident, and can be an example to other jurisdictions. Originality/value The paper is the first of its kind to provide detailed data and analysis on an outright rejection by the Courts of a country's ID legislation on grounds that it violated the constitution and rights of citizens. It shows the ethical and social challenges in proposing and implementing legislation without adequate public consultation on such sensitive matters as biometric data. It also exposes some of the challenges of artificial intelligence and face recognition technologies in ID data collection, including flaws related to race, gender and coding. (shrink)

ABSTRACT Persons injured as a result of exposure to toxic or carcinogenic substances are seldom able to recover damages from those who are responsible for the exposure. Tort law requires proof of causation, and causation is often unprovable because of long latency periods, because of the relative infrequency of the injuries and because many of the injuries among the exposed population are the result of other factors. A number of proposals for modifying the legal causation requirement to allow (...) those who create hazardous risks to be held liable for the injuries that materialise are considered and found inadequate. A proposal to treat risk exposure itself as an injury for which compensation under private law is possible is also considered and ultimately found incoherent. The paper concludes by arguing for a public law solution, modelled on criminal law, but providing compensation for victims. (shrink)

In this article, I challenge the risk assessment approach to the ethics of pre-exposure prophylaxis (PrEP) as HIV prevention among men who have sex with men (MSM). Traditional risk assessment focuses on the medical risks and benefits of using medical technologies, but this emphasizes certain risks and benefits over others. The medical risks of using PrEP are presently being overblown and its social and political risks are being overlooked. By recontextualizing risk within the history of (...) HIV and considering the lived experiences of MSM with sex, HIV, and HIV prevention, we can broaden the present risk assessment framework to include all of the relevant risks involved in using PrEP. We can also better situate risk as one of several moral concepts, including trust and solidarity, which move us towards a more nuanced analysis of the social and political effects of PrEP on the relationships and communities of MSM. (shrink)

Noninvasive, prenatal whole genome sequencing may be a technological reality in the near future, making available a vast array of genetic information early in pregnancy at no risk to the fetus or mother. Many worry that the timing, safety, and ease of the test will lead to informational overload and reproductive consumerism. The prevailing response among commentators has been to restrict conditions eligible for testing based on medical severity, which imposes disputed value judgments and devalues those living with eligible conditions. (...) To avoid these difficulties, we propose an unrestricted testing policy, under which prospective parents could obtain information on any variant of known significance after a careful informed consent process that uses an interactive decision aid to deliver a mandatory presentation on the purposes, techniques, and limitations of genomic testing, as well as optional resources for reflection and consultation. This process would encourage thoughtful, informed deliberation by prospective parents before deciding whether or how to use NIPW. (shrink)

A "moral hazard" is a market failure most commonly associated with insurance, but also associated by extension with a wide variety of public policy scenarios, from environmental disaster relief, to corporate bailouts, to natural resource policy, to health insurance. Specifically, the term "moral hazard" describes the danger that, in the face of insurance, an agent will increase her exposure to risk. If not immediately clear, such terminology invokes a moral notion, suggesting that changing one's exposure to risk after (...) becoming insured is morally problematic. This paper challenges that position. It argues that there is nothing inherently moral about the moral hazard. It does so by arguing against three proposed claims regarding the wrongness of the moral hazard: first, the view that conceives of it as deception; then, the view that conceives of it as cheating; and finally, the view that conceives of it as stealing. (shrink)

Medical ethics has traditionally been governed by two guiding, but sometimes conflicting, principlesthe Substituted Judgment Standard shows our concern for autonomy, whereas the Best Interest Standard shows our commitment to benevolence. Both standards are vulnerable to criticisms. Further, the principles can seem to offer conflicting prescriptions for action. The criticisms and conflict figure prominently in discussion of advance directive decisionmaking and Alzheimer's disease. After laying out each of the current standards and its problems, with Alzheimer's issues as my central concern, (...) I offer a new standard that avoids the problems while honoring our concerns for both autonomy and benevolence. (shrink)

Although virtually all comparative research about risk perception focuses on which hazards are of concern to people in different culture groups, much can be gained by focusing on predictors of levels of risk perception in various countries and places. In this case, we examine standard and novel predictors of risk perception in seven sites among communities affected by a flood in Mexico (one site) and volcanic eruptions in Mexico (one site) and Ecuador (five sites). We conducted more than 450 interviews (...) with questions about how people feel at the time (after the disaster) regarding what happened in the past, their current concerns, and their expectations for the future. We explore how aspects of the context in which people live have an effect on how strongly people perceive natural hazards in relationship with demographic, well-being, and social network factors. Generally, our research indicates that levels of risk perception for past, present, and future aspects of a specific hazard are similar across these two countries and seven sites. However, these contexts produced different predictors of risk perception—in other words, there was little overlap between sites in the variables that predicted the past, present, or future aspects of risk perception in each site. Generally, current stress was related to perception of past danger of an event in the Mexican sites, but not in Ecuador; network variables were mainly important for perception of past danger (rather than future or present danger), although specific network correlates varied from site to site across the countries. (shrink)

Driving simulators are becoming increasingly common in driver training and assessment. Since virtual reality is generally regarded as an appropriate environment for measuring risk behavior, simulators are also used to assess hazard perception, which is considered to be one of the most important skills for safe driving. Simulators, which offer challenges that are indeed comparable to driving in real traffic, but at a very low risk of physical injury, have the potential to complement theoretical and practical driver trainings and tests. (...) Although configurations and fidelity differ considerably between driving simulators, studies comparing the impact of their distinct features on driving performance and test validity remain rare. In this context, prior research demonstrated that a wider field of view led to earlier speed adjustments in response to potential hazards—especially for experienced drivers. The wider field of view was assumed to cause the drivers to be more present in the virtual world, which in turn provoked more natural scanning of the road and therefore, earlier hazard detection in experienced drivers. Research on spatial presence in other contexts support this assumption. The present experiment investigated whether this effect could be enhanced by an even more immersive presentation technique for driving simulation: a head-mounted display. Moreover, we studied the interplay between display mode, sense of presence and simulation sickness. Eighty experienced and less experienced drivers completed six simulation-based hazard perception scenarios, which were displayed either via a triple-monitor set-up or an HMD. Results indicate that the experienced drivers showed very similar driving and risk behavior as the inexperienced drivers in both experimental conditions. However, there were significant differences between the two display conditions. The use of an HMD resulted in a clearer and more abrupt speed reduction, more virtual presence, and a higher degree of simulation sickness. However, the interrelation between these three variables could not be conclusively clarified in the present study and thus represents a research aim that could be addressed in future studies. (shrink)

Because of accelerating technological progress, humankind may be rapidly approaching a critical phase in its career. In addition to well-known threats such as nuclear holocaust, the prospects of radically transforming technologies like nanotech systems and machine intelligence present us with unprecedented opportunities and risks. Our future, and whether we will have a future at all, may well be determined by how we deal with these challenges. In the case of radically transforming technologies, a better understanding of the transition dynamics (...) from a human to a “posthuman” society is needed. Of particular importance is to know where the pitfalls are: the ways in which things could go terminally wrong. While we have had long exposure to various personal, local, and endurable global hazards, this paper analyzes a recently emerging category: that of existential risks. These are threats that could cause our extinction or destroy the potential of Earth-originating intelligent life. Some of these threats are relatively well known while others, including some of the gravest, have gone almost unrecognized. Existential risks have a cluster of features that make ordinary risk management ineffective. A final section of this paper discusses several ethical and policy implications. A clearer understanding of the threat picture will enable us to formulate better strategies. (shrink)

A survey of the philosophy of sport literature reveals that arguments regarding the issue of sex segregation in athletics have been advanced from time to time, but there has been little sustained discussion, no consensus, and no change in existing practice. In this paper, an effort to advance the conversation, I begin with Jane English’s seminal 1978 article as a springboard and employ existing literature on the question of sex segregation in order to raise difficulties with English’s analysis and outline (...) the basic alternative positions that have been taken on the issue. My own contribution to the conversation is in the introduction of four distinctions – between individual and team sports, direct and indirect competition, contact and non-contact sports, and amateur and professional sports – that have not been part of the discussion about the conditions under which men and women might compete against one another. These distinctions resolve several difficulties noted by others and suggest a more nuanced conclusion about desirable changes to the structure of sporting competition. (shrink)

W. B. Yeats’ poem “Politics” has as its epigraph Thomas Mann’s remark, “In our time the destiny of man presents its meaning in political terms.”1 Yeats chose the epigraph in 1938, just before World War II, for a poem proclaiming that sexuality holds his interest more than politics. This still may be true for poets, but by the looks of things, not for many contemporary critics, who, if they do not choose one over the other, subsume one under the other. (...) For them everything is political , which is to hold that everything is reduced to questions of power. So it is, in their eyes, with canons.The first canonization of note for western culture seems to have been that of the Hebrew Scriptures; and although there is much dispute about the whole matter of how that occurred, it is interesting to observe that in a 1971 book entitled The Shaping of Jewish History: A Radical New Interpretation Ellis Rivkin presents the development of that canon in political terms, arguing that production of the Hebrew Scriptures “was not primarily the work of scribes, scholars, or editors who sought out neglected traditions about wilderness experience, but of a class struggling to gain power.”2 In a very interesting article on this subject, Gerald L. Bruns observes that the lesson of this is that the concept of canon is not literary but a “category of power” . Rivkin himself decides, as Bruns remarks, to treat “the promulgation of canonical texts of the Scriptures, not according to literary criteria but according to power criteria” . Presumably it is this program that warrants Rivkin’s subtitle Radical New Interpretation. But what would the literary criteria that are opposed to power criteria here be? Are there any longer believers in the more than trivial existence of such criteria? Does the destiny of literature now present its meaning political terms? If there are no longer thought to be such things as literary criteria, is there, can there be, literature? We have heard answers in the negative to the last question; and the notion of canon has recently been addressed almost always in terms of politics and power, most notably, of course, but certainly not exclusively, by feminist and minority critics. The destiny of women’s writing has certainly presented its meaning in political terms. Hazard Adams is professor of English and comparative literature at the University of Washington. He has recently completed The Book of Yeats’ Poems and a collection of critical essays. (shrink)

The popularity and profitability of American gridiron football is beyond dispute. Recent polls put football as the overwhelming favorite of people who follow at least one sport and huge revenues are reported at both the professional and the university level. We know, however, that what is the case tells us little about what ought to be the case, and it is to the latter question that this paper is directed. I offer a three-pronged attack on the ethical acceptability of American (...) football, both amateur and professional, based on harm to the players, objectification of the players, and harm to others done by the players, leading to the conclusion that the sport, as currently constituted, is morally unacceptable. (shrink)

In light of the World Anti Doping Agency’s 2013 Code Revision process, we critically explore the applicability of two of three criteria used to determine whether a method or substance should be considered for their Prohibited List, namely its (potential) performance enhancing effects and its (potential) risk to the health of the athlete. To do so, we compare two communities of human guinea pigs: (i) individuals who make a living out of serial participation in Phase 1 pharmacology trials; and (ii) (...) elite athletes who engage in what is effectively ‘unregulated clinical research’ by using untested prohibited or non-prohibited performance enhancing substances and methods, alone or in combination. Our comparison sheds light on norms of research ethics that these practices exacerbate with respect to the concepts of multiplicity, visibility, and consistency. We argue for the need to establish a proper governance framework to increase the accountability of these unregulated research practices in order to protect the human guinea pigs in elite sports contexts, and to establish reasonable grounds for the performance enhancing effects, and the risks to the health of the athlete, of the methods and substances that might justify their inclusion on the Prohibited List. (shrink)

Background Outbreaks of infectious disease cause serious and costly health and social problems. Two new technologies – pathogen whole genome sequencing and Big Data analytics – promise to improve our capacity to detect and control outbreaks earlier, saving lives and resources. However, routinely using these technologies to capture more detailed and specific personal information could be perceived as intrusive and a threat to privacy. Method Four community juries were convened in two demographically different Sydney municipalities and two regional cities (...) in New South Wales, Australia to elicit the views of well-informed community members on the acceptability and legitimacy of: making pathogen WGS and linked administrative data available for public health researchusing this information in concert with data linkage and machine learning to enhance communicable disease surveillance systems Fifty participants of diverse backgrounds, mixed genders and ages were recruited by random-digit-dialling and topic-blinded social-media advertising. Each jury was presented with balanced factual evidence supporting different expert perspectives on the potential benefits and costs of technologically enhanced public health research and communicable disease surveillance and given the opportunity to question experts. Results Almost all jurors supported data linkage and WGS on routinely collected patient isolates for the purposes of public health research, provided standard de-identification practices were applied. However, allowing this information to be operationalised as a syndromic surveillance system was highly contentious with three juries voting in favour, and one against by narrow margins. For those in favour, support depended on several conditions related to system oversight and security being met. Those against were concerned about loss of privacy and did not trust Australian governments to run secure and effective systems. Conclusions Participants across all four events strongly supported the introduction of data linkage and pathogenomics to public health research under current research governance structures. Combining pathogen WGS with event-based data surveillance systems, however, is likely to be controversial because of a lack of public trust, even when the potential public health benefits are clear. Any suggestion of private sector involvement or commercialisation of WGS or surveillance data was unanimously rejected. (shrink)

In this paper, we examine the case of Ronda Rousey, a high profile female Mixed Martial Arts fighter in the Ultimate Fighting Championship. We argue that Rousey represents a female athlete who can be considered a gender transgressor yet simultaneously a Glamazon. The case of Rousey will be applied to gender transgressor theories to demonstrate that Rousey counters traditional discourse which holds that exhibiting stereotypically masculine traits implies not being an authentic woman. Female fighters face criticisms for being “unfeminine” or (...) “manly” because they participate in such an aggressive sport. Despite her gender divergent behaviour, as much as she transgresses, Rousey is also pinned by sporting and societal sexist culture that reinforces sex binaries and exposes pressures to adhere to hyperfemininity and heterosexual ideals. Finally, using the notions of self and power found in Michel Foucault’s later work as a springboard, we examine whether Rousey’s embrace of the Glamazon identity is an act of autonomy or evidence of false consciousness. (shrink)

Roller derby, once known for scripted theatricality that made it more like a stage play than a sport, has reinvented itself as a legitimate athletic endeavour. Since its rebirth as the Women's Flat Track Derby Association in the early 2000s, it has experienced exponential growth, from 30 flat track derby leagues in 2005 to more than 450 leagues in 2010. This translates to more than 15,000 skaters worldwide. Roller derby provides a unique case of a women's sport that is not (...) derived from, or a diminutive version of, a men's sport, proudly stating as its philosophy a commitment to be?by the skaters, for the skaters?. This do-it-yourself aspect opens the way for examination of what a sport wholly created by women looks like and how that differs from sports created by men. The WFTDA claims that roller derby is empowering and revolutionary, yet some critics have claimed that the skaters reinforce rather than dismantle gender stereotypes. Using tools from previous gender critiques, I analyse several aspects of roller derby for their emancipatory potential and conclude that, while not completely unproblematic, the sport can function as a force for reshaping ideas about women, femininity, and sport. (shrink)

Education is commonly considered to be a transformational practice that contributes both to forging the personality of individuals and to promoting social entanglements. For this reason, education always has a normative character that rests on a particular concept of what humanity and society should be. However, educational policies and practices are frequently unaware of these theoretical presuppositions, and for this reason, they frequently appear to act in a naïve and superficial manner. This is particularly the case for citizenship education, which, (...) if superficially implemented, risks being distorted into a form of civic education that reproduces established norms and social relations, without promoting any meaningful social change. Thus, the first part of this article aims to deepen the notion of citizenship, in particular by studying what the concept of ‘consensus’ means, conceiving of it not as a synonym of social resignation, but rather as a collective conspiracy towards a common political project. Accordingly, the article defines the basic characteristics that education should always possess to effectively promote a democratic and participative citizenship education. In particular, it identifies five constitutive contrasts in relation to the ways in which information is transmitted, reasoned, emotionally perceived, and then discussed and countered both by individuals and society. The article therefore presents an overall theory of education, seen as a momentous practice of dialogue and common action that opens the way for a democracy in progress. (shrink)

An implicit goal of many interventions intended to enhance integrity is to minimize peoples' exposure to unethical events. The intent of the present effort was to examine if exposure to unethical practices in the course of one's work is related to ethical decision making. Accordingly, 248 doctoral students in the biological, health, and social sciences were asked to complete a field appropriate measure of ethical decision making. In addition, they were asked to complete measures examining the perceived acceptability (...) of unethical events and a measure examining perceptions of ethical climate. When these criterion measures were correlated with a measure examining the frequency with which they had been exposed to unethical events in their day-to-day work, it was found that event exposure was strongly related to ethical decision making but less strongly related to climate perceptions and perceptions of event acceptability. However, these relationships were moderated by level of experience. The implications of these findings for practices intended to improve ethics are discussed. (shrink)

A brief review and classification of technology in general begins the paper, followed by an application of the classification to two specific marathon case studies: the 2018 Boston marathon and the 2017 Nike Breaking2 Project marathon. Then concepts from an array of sport philosophers are discussed to suggest an explanation for why each of the case studies strikes us as problematic. The conclusion provides a reasonable explanation for our misgivings, as well as an indication of how we might evaluate sporting (...) endeavors in the face of increasing technological innovation. (shrink)

In contemporary society, humans interact with nonhuman animals in a number of ways, many of which involve the captivity of the nonhuman animals involved. Nonhuman animals trained for sport (sled dogs, horses trained for dressage, etc.), nonhuman animals confined for human entertainment (zoos, aquariums, circuses, etc.), and companion animals are all held captive by the human beings who interact with them. However, the moral acceptability of these forms of captivity seems to vary widely; this variance isn’t only a function of (...) the conditions of the captivity itself, but the reasons, attitudes, and intentions of the captors. Martha Nussbaum’s conception of species-specific flourishing allows for what she calls ‘respectful paternalism’ in the case of nonhuman animals, and in this paper, we will explore (a) Nussbaum’s account of ‘respectful paternalism’ as an aspect of justice that governs our interactions with nonhuman animals, (b) what the ‘respectful’ aspect of that paternalism involves by examining what it means for a captor to limit the autonomy of a nonhuman animal respectfully and (c) implications for our interactions with nonhuman animals in sport and entertainment environments. (shrink)

Arguments about the effects of repeated exposure to a suspenseful narrative raise controversial disputes over the paradox of suspense. The lexical meaning and theoretical analyses of suspense imply that suspense cannot be experienced repeatedly because, in such cases, the knowledge from prior viewings and the resolution of outcome will eliminate tension and suspense. However, previous studies have argued that suspense can be re-experienced even when the participants know the outcome or repeatedly confront a suspenseful narrative. This study investigated the (...) effects of repeated exposure to a suspenseful film by collecting self-reported questionnaires and measuring psychophysiological responses. The participants (N = 50) watched clips of a suspenseful film three times and answered self-reported items regarding suspense, arousal, and enjoyment. Psychophysiological data, including skin conductance level (SCL) and electrocardiogram (ECG), were collected while the participants watched the video clips. It was hypothesized that self-reported suspense, arousal, and enjoyment as well as the physiological indices of arousal (SCL) and attention (ECG) would decrease upon repeated viewing of suspenseful clips. Furthermore, it was postulated that there would be inter-group differences depending on the awareness of potential or definite change in outcome at the end of repeatedly shown suspenseful events. The results showed that self-reported suspense and arousal, as well as physiological measures of SCL, declined with repeated exposure, although there were no significant differences on self-reported enjoyment. No group difference was found in self-reported items, but meaningful significant changes were observed in the group comparison of SCL and ECG. The findings suggest that repeated exposure to suspenseful films could result in affective habituation or desensitization to repeated stimuli. The implications and limitations of the current study and suggestions for future research are discussed. (shrink)

It is not surprising that when we get down to the basics about policies, laws, permissions, and restrictions on biotechnological enhancement, the question is quickly framed this way: Do we have a fundamental right to biotechnologically enhance ourselves? We live in a culture – largely worldwide – whose moral deliberations are dominated by the modern discourse of rights. This was not always the case and it does not have to be the case now.

I argue that the prologue of Tacitus' Agricola is at pains to maintain for the work the option to be important or to be inconsequential. The goal of this effort is to anticipate a spectrum of possible receptions: if the work is welcomed by its audiences, it can serve as the first step in a prestigious literary career; if it meets with indifference or hostility, Tacitus' already-existing social self can find protection behind the claims to limited importance. In the first (...) section, I describe the rhetorical strategies through which Tacitus advances this doubled set of claims. In the second, I discuss Agricola's relationship to Sallust's monographs and adduce for comparison Pliny the Younger's career as a Catullan poet; I show that claims to write after the manner of a canonical author directly serve the aim of “keeping options open.”. (shrink)

To be alive is to be vulnerable. That is probably the most basic truth all living creatures confront, from the smallest to the greatest and from the most primitive to the most complex. As Hans Jonas states in the introduction to his wonderful treatise, The Phenomenon of Life, the paradoxical, still enigmatic fact that vital substance by some original act of segregation has isolated itself from the general fabric of things and set itself over against the world introduced the tension (...) of ‘to be or not to be’ in the indifferent continuum of material existence. With life, Jonas observes with Friedrich Nietzsche, being appears as being in an emphatic sense for the first time. Life means mortality, it is existence affirmed but as such, given the inherent and continuous threat of relapsing back into non-being (all living creatures’ ultimate fate anyway), it is existence as concern. Being alive as being free from the identity with matter implies having its own being as a burden and this means—h. (shrink)

The majority of the world’s population now lives an urban existence, spending as much as 95% of their lives indoors. The olfactory atmosphere in the built environment has been shown to exert a profound, if often unrecognized, influence over our mood and well-being. While the traditionally malodorous stench to be found indoors (i.e., prior to the invention of modern sanitation) has largely been eliminated in recent centuries, many of the outbreaks of sick-building syndrome that have been reported over (...) the last half century have been linked to the presence of a strange smell in the environment. At the same time, however, there is also growing evidence that consumer behavior can be manipulated by the presence of pleasant ambient odors, while various aromatherapy scents are said to improve our mood and well-being. This Anglophone review focuses primarily on indoor western urban developed spaces. Importantly, the olfactory ambience constitutes but one component of the multisensory atmosphere and ambient odors interact with the visual, auditory, and haptic aspects of the built environment. Surprisingly, the majority of published studies that have deliberately chosen to combine ambient scent with other sensory interventions, such as, for example, music, have failed to increase store sales, or to enhance people’s mood and/or well-being, as might have been expected. Such negative findings therefore stress the importance of considering multisensory congruency while, at the same time, also highlighting the potential dangers that may be associated with sensory overload when thinking about the effect of ambient smell on our well-being. (shrink)

It is widely believed that a conservative moral outlook is opposed to biomedical forms of human enhancement. In this paper, I argue that this widespread belief is incorrect. Using Cohen’s evaluative conservatism as my starting point, I argue that there are strong conservative reasons to prioritise the development of biomedical enhancements. In particular, I suggest that biomedical enhancement may be essential if we are to maintain our current evaluative equilibrium (i.e. the set of values that undergird and permeate our current (...) political, economic, and personal lives) against the threats to that equilibrium posed by external, non-biomedical forms of enhancement. I defend this view against modest conservatives who insist that biomedical enhancements pose a greater risk to our current evaluative equilibrium, and against those who see no principled distinction between the forms of human enhancement. (shrink)

One specific instantiation of the storm-and-stress view of adolescence is the idea that “normal” adolescence involves high-risk substance use behaviors. However, although uptake of some substance use behaviors is more common during adolescence than other life stages, it is clear that not all adolescents engage in risky substance use—and among those who do, there is much variation in emotional, behavioral, and contextual precursors of this behavior. One such set of predictors forms the internalizing pathway to substance use disorder, whereby internalizing (...) symptoms in childhood such as negative affect and anxiety set off a chain of consequences culminating in high-risk substance use in late adolescence. However, findings linking internalizing symptoms to substance use are mixed, and it is clear that this link varies across adolescents and contexts. One heretofore unanswered question is whether and how geographic location, specifically whether the adolescent lives in an urban or rural location, moderates this link. The current report is a secondary analysis of data from the Longitudinal Study of Australian Children, in which we examined the link between internalizing symptoms in childhood and initiation of substance use through age 19. Using a multiple event process survival mixture model, we identified three trajectories of substance use initiation in adolescence: one characterized by near-complete abstinence until late adolescence, another by earlier initiation of alcohol, nicotine, and cannabis, and another by early initiation of these substances and later initiation of more hazardous drugs such as cocaine and methamphetamine. Although childhood externalizing symptoms increased the risk of being in the second or third class, internalizing symptoms decreased risk when rural and non-rural adolescents were considered together. Few effects of rurality were found, but the negative relationship between internalizing at age 10 and high-risk substance use was only observed among non-rural adolescents. This finding, which was inconsistent with our initial predictions that rurality might confer higher risk for substance use, instead suggests a potentially protective effect of internalizing symptoms for engagement in risky substance use which may differ based on an adolescent’s geographical context. (shrink)

Enhancement, the improvement of mental capacities with psychoactive substances and technologies has stimulated one of the largest debates in contemporary bioethics. Surprisingly few participants in this debate take note of the tendentious legal status of psychoactive pharmaceuticals as the primary means of enhancement. -/- Enhancement technologies and substances have measurable effects on specific measurable cognitive functions. A major issue of contention in the debate is how to evaluate these effects, i. e. which theory of value to use. It is contested (...) whether the pleasures and achievements resulting from the use of enhancement can be counted as such or can be ignored or devaluate by calling them fraudulent or inauthentic. -/- The alleged and real benefits of enhancement are not expected to be evenly distributed, nor is it always clear whether enhancement is a zero-sum game or has benefits even for the non-users. This results in a complex structure of risks and benefits for individuals and groups, which needs to be broken down in detail. (shrink)

Exposure to environmental contextual changes, such as those occurring after an earthquake, requires individuals to learn novel routes around their environment, landmarks, and spatial layout. In this study, we aimed to uncover whether contextual changes that occurred after the 2009 L’Aquila earthquake affected topographic memory in exposed survivors. We hypothesized that individuals exposed to environmental changes – individuals living in L’Aquila before, during and after the earthquake (hereafter called exposed participants, EPs) – improved their topographic memory skills compared with (...) non-exposed participants (NEPs) who moved to L’Aquila after the earthquake, as only EPs had to modify their previous cognitive map of L’Aquila. We also hypothesized that memory improvement was selective for the navigational space and did not generalize across other spatial and verbal domains. To test these hypotheses, we compared the topographic and spatial memory skills of 56 EPs without post-traumatic stress disorder symptoms to the skills of 47 NEPs using the Walking Corsi Test (WalCT; memory test in the navigational space) and the Corsi Block-Tapping Test (CBT; visuospatial memory test in the reaching space); EPs and NEPs were matched for gender, education and general navigational skills. A sub-group of participants also underwent the Rey-Auditory Verbal Learning Test (verbal memory test). The results showed that EPs, in contrast to NEPs, showed better performances on topographic learning assessed using the WalCT rather than spatial learning assessed by the CBT. This outcome suggests the possibility that EPs specifically improved topographic memory. This effect may be due to continuous exposure to environmental changes that have required individuals to learn novel paths within the city and integrate novel information, such as “new towns”, into their pre-existing mental representation of the city. Implications and limitations of the study are discussed. (shrink)

In this paper, following the taxonomy developed by Mackenzie, Rogers and Dodds of different sources and states of vulnerability, I claim that wild animals are inherently and situationally vulnerable. This is because they can experience suffering as a response to certain internal and external states and have a high exposure to, and a low capacity to cope with, harmful natural processes. From this it follows that we have a moral obligation to support and assist individuals who are occurrently vulnerable (...) and to reduce the risk of dispositional vulnerabilities becoming occurrent in the future, by endorsing some form of what I call ‘environmental enhancement’. Finally, I pay critical attention to how to prevent interventions aimed at ameliorating vulnerability from paradoxically generating pathogenic vulnerabilities. (shrink)

Is it right to use biomedical technologies to make us better than well or even perhaps better than human? Should we view our biology as fixed or should we try to improve on it? College students are already taking cognitive enhancement drugs. The U.S. army is already working to develop drugs and technologies to produce "super soldiers." Scientists already know how to use genetic engineering techniques to enhance the strength and memories of mice and the application of such technologies to (...) humans is on the horizon. In Better Than Human, philosopher-bioethicist Allen Buchanan grapples with the ethical dilemmas of the biomedical enhancement revolution. Biomedical enhancements can make us smarter, have better memories, be stronger, quicker, have more stamina, live much longer, avoid the frailties of aging, and enjoy richer emotional lives. In spite of the benefits that biomedical enhancements may bring, many people instinctively reject them. Some worry that we will lose something important-our appreciation for what we have or what makes human beings distinctively valuable. Others assume that biomedical enhancements will only be available to the rich, with the result that social inequalities will worsen. Buchanan shows that the debate over enhancement has been distorted by false assumptions and misleading rhetoric. To think clearly about enhancement, we have to acknowledge that human nature is a mixed bag and that our species has many "design flaws." We should be open be open to the possibility of becoming better than human, while never underestimating the risks that our attempts to improve may back-fire. (shrink)

Natural death act legislation which is intended to assist patients who wish to refuse or limit medical treatment may actually erode patients' rights. By use of a 'living will' the legislation intends to extend the patients' role in decision-making to the time when patients can no longer speak for themselves. However, the legislation erodes and constricts the right of refusal. The erosion is the result of two sets of conditions found in the legislation. The first requires that the patient be (...) qualified and certified by others before interventions can be withdrawn or withheld. The second delineates the physical condition which must be present before a living will can be followed. Patients have had to seek the assistance of the courts to enforce their common law rights of refusal of treatment against these requirements. Legislation is needed, but greater care must be taken to avoid the creation of a Kafkaesque legal nightmare for those we intend to assist. (shrink)

This paper examines footraces that are paced and unpaced, and runners who are pre-arranged, designated pacers and those who are not. Although pacesetting is commonplace in footraces today, the practice challenges our conception of sport competition, the nature of competitors and the meaning of records. For example, Bale calls paced races as ‘staged experiments’ to set world records and argues that pacers were crucial in the running career of Roger Bannister. In 2011, the International Association of Athletics Federation banned women’s (...) world records in mixed gender running events, like major marathons, because women were paced by male runners. By examining these cases and others, the authors here will claim paced footraces are qualitatively different than unpaced competitions, pacers introduce peculiar motives and intentions as competitors, women should not be denied opportunities to excel and perform at their very best, and the 2011 IAAF policy is unjustified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Living Organ Donors’ Stories: (Unmet) Expectations about Informed Consent, Outcomes, and CareElisa J. Gordon, Symposium EditorKeywordsEthics, informed consent, kidney, liver, living donor, narrative, transplantationLiving donor organ transplantation has become standard treatment for patients with end-stage kidney or end-stage liver disease. Live donors comprised approximately 5,769 (34%) and 247 (4%) of all kidney and liver transplants in 2011, respectively (OPTN/UNOS). The reasons why people donate, the perception that donating does (...) not entail a decision per se, and the attendant fears and anxieties living donors feel about donating, have all been previously well investigated (Lennerling, Forsberg, Meyer, & Nyberg, 2004; Papachristou, Walter, Frommer, & Klapp, 2010). But much less is known about how donors experienced the overall donation process including the donor evaluation, preparation, appreciation of risks, decision-making, informed consent, post-operative, recovery processes, and the impact of donating on all aspects of their life, from their point of view. Thus, a narrative approach is essential for gaining insights into these less well known phenomena.There is good reason to remain concerned about the safety and ethical basis of living donation considering that living donors undergo serious health risks for no direct medical benefit to themselves (Ethics Committee of the Transplantation Society, 2004; Laird, 2012; Neergaard, 2011; Ratner & Sandoval, 2010; Shelton, 2011). The situation raises serious ethical questions specifically about nonmaleficence and informed consent, and more broadly about using people as a means to an end. The absence of long-term information may not undermine a willing donor’s commitment to save a loved one’s life, but is certainly cause for concern among transplant clinicians who want to be sure to disclose information that may be material for donors in order to provide adequate informed consent. In other words, the disjuncture between what transplant clinicians find important to disclose to donors and what prospective donors need to know—which follows along the lines of what Elliot Mishler referred to as the ‘voice of medicine’ versus the ‘voice of the lifeworld’(1984)—seems to complicate donors’ preparation for donation. Donors’ stories are important for addressing these concerns by identifying risks that typically do not get reported in the scientific literature—perhaps owing to a different [End Page 1] conceptualization of what should be construed as noteworthy risks—as well as by demonstrating how personal situations can enhance or detract from the experience overall.This issue of Narrative Inquiry in Bioethics (NIB) affords a unique entrée into both the often heard and unheard stories of living organ donors. A set of topical areas were presented for the authors’ consideration that relate to the donation process in general and the informed consent process more specifically: whether donors were prepared to donate; comprehended what they were told; could have understood the process better, as well as, the impact of donation on health, employment, finances, and personal relationships (Table 1). When soliciting donors’ stories, every effort was made to include a full range of experiences—both good and bad—from a variety of donors: kidney donation, liver donation, adult-to-adult and adult-to-child donation, related, unrelated, directed and anonymous (also known as ‘altruistic’ or ‘good Samaritan’ donors), paired chain exchange, and list exchange (Table 2)—in order to present a balanced perspective on live donation. Additionally, this issue includes a full breadth of stories about the donor experience, ranging from positive to mixed to negative (Table 3). While donors were given tremendous leeway in what stories they told, they were asked to focus their narratives on the lesser known dimensions of donation—the experience of it. While additional stories from liver donors would have helped to underscore common concerns among liver donors, we only received a few. Some of the donors are themselves health care professionals, active in the United Network for Organ Sharing (UNOS) or their local OPO, or have leveraged their experiences to help others by becoming a donor buddy or donor advocate. Given that we received more stories than Click for larger view View full resolutionTable 1.Topical areas to address[End Page 2] Click for larger view View full resolutionTable 2.Forms of Living Donation Click for larger view View... (shrink)