This paper considers the morally relevant ways in which population-based research is a distinct type of human subjects research that have unique moral considerations relevant for public health practitioners and researchers. By defining population-based research, the authors distinguish it from public health practice and then consider, in more detail, the ways in which population-based research differs from clinical human subjects research. Based upon the distinctions between these types of research and practice, they identify five important issues that arise in the (...) design and conduct of certain kinds of population-based research. The authors hope that public health practitioners find these distinctions useful in determining when their work may actually be population-based research and that public health researchers use them to identify the areas where ethical issues in their research may arise. (shrink)

Multiple scholars and institutions have asked what distinguishes public health research from public health practice. Most often, they ask in order to have a clear definition of what one does in various public health settings to assess oversight and/or regulation of human subjects research. More importantly, however, whether something is considered public health research or public health practice has real ethical implications in terms of the general moral considerations at stake and the obligations of public health researchers/practitioners to the populations (...) they serve or study.Numerous examples in recent history of research ethics, including the Kennedy Krieger Lead Abatement Study and EPA’s Children’s Environmental Exposure Research Study, suggest that an exploration of the ethics of public health, or more generally population-based research, may be warranted. Although we acknowledge that there are important ethical issues to consider in the implementation of public health practice, we leave that discussion for other authors. (shrink)

The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**.

The physical and relational structure of the biologic continuum (both internal and external to the organism) creates the information signature that is the basis for the origination of meaning in the living system. A meaning metric can be grounded in the significance of that information to the stability of the system during the process of adaptive reconciliation of divergences from the steady state condition. From this perspective, an information-theoretic formulation of the process for translating incident information into adaptive action is (...) proposed that can be practically used in defining and quantifying the meaning of that information for the living system. (shrink)

: National bioethics commissions have been critiqued for a variety of structural, procedural, and political aspects of their work. A more recent critique published by Dzur and Levin uses political philosophy to constructively critique the work of national bioethics commissions as public deliberative forums. However, this public forum critique of bioethics commissions ignores empirical research in political science and normative claims that suggest that advisory commissions can and should have diverse of functions beyond that of being public forums. The present (...) paper argues that the public forum critique too narrowly considers the roles that bioethics commissions can play in public bioethics and ignores the moral obligation of commissions to fulfill their mandates. Evaluations of commissions must consider that these institutions can serve in capacities other than those of a public deliberative forum and use additional measures to evaluate the multiple roles and successes of bioethics commissions in public policy. (shrink)

Background Institutional Review Boards (IRBs) are federally mandated to include both nonscientific and unaffiliated representatives in their membership. Despite this, there is no guidance or policy on the selection of unaffiliated or non-scientist members and reports indicate a lack of clarity regarding members’ roles. In the present study we sought to explore processes of recruitment, training, and the perceived roles for unaffiliated and non-scientist members of IRBs.Methods We distributed a self-administered REDCap survey of members of the Association for the Accreditation (...) of Human Research Protection Programs familiar with IRB member recruitment. The survey included closed and open-ended questions regarding: the operation of the HRPP/IRB(s), how unaffiliated and non-scientist members are recruited, whether they had faced challenges recruiting for these roles, and training and mentorship offered. The survey also collected information regarding the perceived value and roles of unaffiliated and non-scientist members.Results 76 responses were included in the analysis (38% completion rate). The most common approach for recruitment was referral from current IRB members, with almost half of respondents indicating challenges recruiting unaffiliated members. Over 75% indicated no additional training was provided to unaffiliated or non-scientist members compared to affiliated or scientist members. Most common supports provided were travel/parking expenses and honoraria. Commonly perceived roles were to provide an independent voice from the participant perspective, notably regarding consent processes and materials.Conclusions Respondents indicated challenges in defining unaffiliated and non-scientist members and limited practices toward recruitment and support. Future work should more closely examine the challenges in defining these roles and applying the definitions in practice, as well as strategies that may improve recruitment and retention of unaffiliated and non-scientist members. (shrink)

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...) that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects. (shrink)

Natural ecosystems perform fundamental life-support services upon which human civilization depends. However, many people believe that nature provides these services for free and therefore, they are of little or no value. One nearly forgotten ecosystem service is ecotherapy – the ability of interaction with nature to enhance healing and growth. While we do not pay for this service, we pay significantly for its loss resulting in slower recovery times, greater distress, reduced well-being and losses in those images of nature that (...) contribute to our basic happiness. Little is understood about the ecotherapy benefits of the natural environment and its ecosystem services. The complex and interactive relationship of ecosystems, their services and human well-being is poorly acknowledged in the broad social, philosophical and economic well-being literature. In this article, we examine the role of nature and its ecosystem services in ecotherapy and its associated enhancement of recovery from physical and mental illness. (shrink)

This article brings a phenomenological account of the body into dialogue with theories of gender performativity, through an analysis of performance artist Cathy Sisler’s videos Aberrant Motion #1 (1993) and Aberrant Motion #4 (1994). In the work I discuss, Sisler foregrounds he limits of visibility and employs a visual mode which is more haptic than strictly optic. At the same time, the work makes explicit the power of visibility to regulate, control and mark out the subject and critiques the effect (...) of the gaze upon structures of identity formation and, crucially, the motility of the body. I argue that in this work, the viewer’s relation to the images is severed from the visual mastery associated with the modes of viewing which position Sisler as ‘other’, but which remain vitally at stake within the haptic visual economy she creates. (shrink)

Can one explain both the resilience of the status quo and the possibility for resistance from a subordinate position? This paper aims to resolve these seemingly incompatible perspectives. By extending Randall Collins's interaction ritual theory, and synthesizing it with Norbert Wiley's model of the self, this paper suggests how the emotional dynamics between people and within the self can explain social inertia as well as the possibility for resistance and change. Diverging from literature on the sociology of emotions that has (...) been concerned with individual emotional processes, this paper considers the collective level in order to explore how movement action is motivated. The emotional dynamics of subordinate positioning that limit women's options in face-to-face interactions are examined, as are the social processes of developing feminist consciousness and a willingness to participate in resistance work. Pointing toward empirical applications, I conclude by suggesting conditions where resistance is likely. (shrink)

Fractal structure is a ubiquitous property found in nature and biology, and has been observed in processes at different levels of organization, including rhythmic behavior and musical structure. A temporal process is characterized as fractal when serial long-term correlations and statistical self-similarity (scaling) are present. Previous studies of sensorimotor synchronization using isochronous (non-fractal) stimuli show that participants' errors exhibit persistent structure (positive long-term correlations), while their inter-tap intervals (ITIs) exhibit anti-persistent structure (negative long-term correlations). Auditory-motor synchronization has not been investigated (...) with anti-persistent stimuli. In the current study, we systematically investigated whether the fractal structure of auditory rhythms was reflected in the responses of participants who were asked to coordinate their taps with each event. We asked musicians and non-musicians to tap with 12 different rhythms that ranged from anti-persistent to persistent. The scaling exponents of the ITIs were strongly correlated with the scaling exponents of the stimuli, showing that the long-term structure of the participants' taps scaled with the long-term structure of the stimuli. Surprisingly, the performance of the musicians was not significantly better than that of the non-musicians. Our results imply that humans are able to readily adapt (rather than simply react) to the overall statistical structure of temporally fluctuating stimuli, regardless of musical skill. (shrink)

Bioethics commissions have been critiqued on the basis that they are not sufficiently public or are too reliant upon expertise to have legitimacy or authority in regard to public policy debates. Adequately assessing the legitimacy and authority of commissions requires thinking clearly about the "publics" these commissions serve, the primary tasks of public bioethics, and how those tasks might be performed with a certain kind of ethical expertise and limited authority that makes them legitimate players in public policy debates concerning (...) bioethics. (shrink)

Drawing on a ritual approach to microsociology, I explain how and why aesthetic and moral practices inform each other and evolve as they do. I continue to develop a theory of aesthetic engagement, specifying how it generates the emotional sensibilities that inform moral practices. Examining aesthetic engagement and emotional sensibilities focuses our theoretical attention on our capacity to find our moral bearings, even in unfamiliar or challenging conditions. To develop this perspective, I draw on Bargheer’s Moral Entanglements and a volume (...) on bird watching’s therapeutic value, Bird Therapy. These two works provide insight into the micro-emotional dynamics through which nature-based practices generate aesthetic power. I conclude by discussing the implications of aesthetic and moral practices for theorizing cognition and culture. In particular, I argue that an aesthetic practice approach to perceiving and knowing about the world does not fit neatly into the dual processing frameworks currently popular in Cultural Sociology. (shrink)

The four theses of this paper are: that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as (...) duly organized wholes, and, that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law. (shrink)

It will be useful to consider briefly how the ideas surrounding “form” work in practice. Such ideas rapidly developed to a high stage of sophistication, subtlety, and complexity, but they did not, I believe, stray from the foundations I have tried to indicate for them. Let us consider the example of Wilhelm Worringer, who, like Alois Riegl, found it preferable to discuss ornament rather than images because ornament is a purer expression of form and therefore provides a less encumbered view (...) into form’s spiritual meaning. Concerning interlace ornament of the first millennium in Northern Europe, Worringer wrote that it is “impossible to mistake the restless life contained in this tangle of lines”; it is “the decisive formula for the whole medieval North.” The “need for empathy of this inharmonious people” requires the “uncanny pathos which attaches to the animation of the inorganic”; the “inner disharmony and unclarity of these peoples … could have borne no clearer fruit.”4 Here forms—mostly lines and edges and their relations—are compared to a natural outgrowth, a fruit, and are interpreted in such a way as to permit the characterization of all peoples among whom artifacts with such forms were made and used. The range of formal style becomes coextensive with the range of the deep principles of the worldview of races, nations, and epochs.It is not necessary to follow the ideas of form and expression to quite the hypertrophied consequences Worringer did, although many authors have done so and many more have done so less systematically. The important thing for my purposes is the pattern of inference from form to historical statements and conclusion. 4. Wilhelm Worringer,ion and Empathy: A Contribution to the Psychology of Style, trans. Michael Bullock , p. 77. David Summers is William R. Kenan, Jr. Professor of the History of Art at the University of Virginia. The author of Michelangelo and the Language of Art and The Judgment of Sense: Renaissance Naturalism and the Rise of Aesthetics , he is currently writing a book to be titled The Defect of Distance: Toward a University History of Art. (shrink)

'ith the rise of naturalism in the art of the late Middle Ages and the Renaissance there developed an extensive and diverse literature about art which helped to explain, justify, and shape its new aims. In this book, David Summers provides an original investigation of the philosophical and psychological notions invoked in this new theory and criticism. From a thorough examination of the sources, he shows how the medieval language of mental discourse derived from an understanding of classical thought. (...) 'Some of the most striking observations in this impressive book involve stepping outside the history of ideas to ground these theories in a more general social history.' -- British Journal of Aesthetics 'This brilliant, stimulating study in the history of ideas should become indispensible for renaissance art historians, and for philosophers interested in the history of the philosophy of mind and in what might be called thepre-history' of aesthetics.' -- ChoiceWith the rise of naturalism in the art of the late Middle Ages and the Renaissance there developed an extensive and diverse literature about art which helped to explain. (shrink)

Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.

The question ‘ What is addiction?’ seems to ask for a clinical or biological answer. The research on addiction has progressed much faster in biology and neuroscience than our philosophical understanding of that research.1 Therefore, it can be tempting to look to the relevant psychology or neuroscience to answer our philosophical questions, which ends up treating addiction entirely as a psychological or neurological matter. However, many of our questions about addiction are not fundamentally biological or neurological questions. Here, I suggest (...) that an answer to one question about addiction, the question of what addiction is, turns on the decidedly more philosophical. (shrink)

Research suggests that the explicit reasoning we offer to ourselves and to others is often rationalization, that we act instead on instincts, inclinations, stereotypes, emotions, neurobiology, habits, reactions, evolutionary pressures, unexamined principles, or justifications other than the ones we think we’re acting on, then we tell a post hoc story to justify our actions. I consider two benefits of rationalization, once we realize that rationalization is sincere. It allows us to work out, under practical pressure of rational consistency, which are (...) good reasons to act on. Rationalization also prompts us to establish meaningful patterns out of merely permissible options. (shrink)

: Bioethics commissions have been critiqued on the basis that they are not sufficiently public or are too reliant upon expertise to have legitimacy or authority in regard to public policy debates. Adequately assessing the legitimacy and authority of commissions requires thinking clearly about the "publics" these commissions serve, the primary tasks of public bioethics, and how those tasks might be performed with a certain kind of ethical expertise and limited authority that makes them legitimate players in public policy debates (...) concerning bioethics. (shrink)

Due to growing consumer demand for mission-driven businesses, new corporate forms have emerged over the past decade in the United States. The Benefit Corporation is the fastest-growing of these new forms. Benefit Corporations are for-profit, but allow the firm to declare a “social purpose/benefit” in its articles of incorporation and permit the firm to pursue the benefit in tandem with increasing shareholder value. This paper first attempts to evaluate how effectively states have implemented this legislation. This paper extrapolates potential problems (...) in the irregularities of visibility and record-keeping across the various states through the analysis of data accessibility and legislative differences. Irregularities in the public rollout of this legislation affect the transparency of Benefit Corporations and, as a result, the ability for stakeholders to hold the firm accountable. Complicating these issues is the fact that Benefit Corporation advocacy is largely centralized in a few third party organizations. This paper examines some of the downfalls of such conflated public/private involvement in implementing successful innovative business structures. (shrink)

Les études modernes sur les jeux de hasard et d’argent dans le monde romain se concentrent principalement sur les joueurs masculins de l’élite, mais les sources écrites et iconographiques fournissent de nombreuses preuves de la présence de joueuses de tous horizons. Cette contribution rassemble les témoignages textuels et iconographiques qui, jusqu’à présent, ont été largement négligés quant aux informations qu’ils peuvent fournir sur les femmes et le jeu dans l’Antiquité romaine. Elle explore la relation entre le jeu et le féminin, (...) des déesses aux grands-mères, et met en lumière les implications sociales du jeu et des paris pour les joueuses. Le jeu féminin était très répandu et pouvait prendre des formes différentes dans des contextes variés. En analysant ces textes ensemble pour la première fois, nous pouvons saisir de manière plus riche et nuancée l’importance du jeu au féminin à Rome en révisant les modèles existants trop dépendants de quelques textes célèbres. (shrink)

L’étude du sexe et des sexualités à l’époque romaine « sort du placard », alors que les universitaires explorent de nouveaux sujets au-delà des dynamiques entre sexe et genre plus traditionnellement étudiées. Un-Roman sex offre de nouvelles manières d’étudier le sexe, le genre et les sexualités en explorant à la fois les relations entre personnes de même sexe et les rapports de pouvoir genrés, et en replaçant le sexe au cœur de la vie quotidienne des provinces romaines. Cet ouvrage collectif...

Various theorists contend that we may live in a computer simulation. David Chalmers in turn argues that the simulation hypothesis is a metaphysical hypothesis about the nature of our reality, rather than a sceptical scenario. We use recent work on consciousness to motivate new doubts about both sets of arguments. First, we argue that if either panpsychism or panqualityism is true, then the only way to live in a simulation may be as brains-in-vats, in which case it is unlikely that (...) we live in a simulation. We then argue that if panpsychism or panqualityism is true, then viable simulation hypotheses are substantially sceptical scenarios. We conclude that the nature of consciousness has wide-ranging implications for simulation arguments. (shrink)

A commonly accepted definition of the democracy is; “Rule of the majority by the supreme power vested in the people and exercised by them directly”. The democratic government may remain in power until and unless people repose the confidence over it. In Pakistan the main reason of failure of the democracy is that, it is generally against the social behavior of Pakistan. Just because of this the democracy could not come around in Pakistan, yet people cannot be incriminated for the (...) same. The history is witnessed that Pakistani people had supported all social movements having collective ambitions but unluckily after freedom no political party or leadership was available to Pakistanis which could do something for them. Soon after freedom bureaucrats had prevalence in the government due to this the overall control remained in the hands of Governor General or non-representatives. So, democratic institutions could not attain freedom from them. Undoubtedly from the beginning the Pakistan Army attained a dominating role in the system of government and in the field of politics and during the last 60 years they remained in rule for more than a half of the tenure and the political governments were never allowed to take any step freely. In the current scenario Pakistan should have to pass through a democratic way which was stopped by the Armed forces and bureaucracy by adopting different means. (shrink)