An increasing number of automated and artificially intelligent (AI) systems make medical treatment recommendations, including “personalized” recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI. However, such liability depends in part on lay judgments by jurors: When physicians use AI systems, in which circumstances would jurors hold physicians liable? To determine potential jurors’ judgments of liability, we conducted an online (...) experimental study of a nationally representative sample of 2,000 U.S. adults. Each participant read one of four scenarios in which an AI system provides a treatment recommendation to a physician. The scenarios varied the AI recommendation (standard or nonstandard care) and the physician’s decision (to accept or reject that recommendation). Subsequently, the physician’s decision caused a harm. Participants then assessed the physician’s liability. Our results indicate that physicians who receive advice from an AI system to provide standard care can reduce the risk of liability by accepting, rather than rejecting, that advice, all else equal. However, when an AI system recommends nonstandard care, there is no similar shielding effect of rejecting that advice and so providing standard care. The tort law system is unlikely to undermine the use of AI precision medicine tools and may even encourage the use of these tools. (shrink)

The following article presents preliminary reflections on a processual theory of health and disease. It does this by steering the discussion more toward an ontology of organisms rather than conceptual analysis of the semantic content of the terms “health” and “disease.” In the first section, four meta-theoretical assumptions of the traditional debate are identified and alternative approaches to the problems are presented. Afterwards, the view that health and disease are constituted by a dynamic relation between demands imposed on an organism (...) and individual presuppositions for adequate response is developed. In the last section, the paper takes stock of three possible objections to and clarifies some implications of this approach to the notions of health and disease. (shrink)

This study uses accounting professionals from an international setting to test the individualism and power distance cultural dimensions developed by Hofstede [Culture's Consequences 1980]. Six countries, which appropriately represented high and low values on the Hofstede dimensions, were chosen for the survey of ethical beliefs. Respondents from the six countries were requested to supply their agreement/disagreement with eight questionable behaviors associated with the work environment. Each of these behaviors contained an individualism and/or power distance cultural component for the responding accountants (...) to consider. The results of the cultural analysis indicated significance on five of the eight survey items. Results lend support for the presence of the individualism cultural element in the ethical responses of the accountants surveyed. (shrink)

Obtaining human genetic samples is vital for many biobank research purposes, yet, the ethics of obtainment seems to many fraught with difficulties. One key issue is consent: it is by many considered ethically vital that consent must be fully informed (at least ideally speaking) in order to be legitimate. In this paper, we argue for a more liberal approach to consent: a donor need not know all the specifics of future uses of the sample. We argue that blanket consent is (...) ethically defensible, and that this is buttressed by considerations of (justified) trust-relations. Given robust institutional oversight, blanket consent is a permissible form of consent in the bio-banking context. (shrink)

This research presents findings from a study of gender-based differences in an ethical decision situation. The study focuses on gender as it relates to situational factors and accounting experience. The primary element of interest is how the gender of the actor (the person described in each vignette) influences the evaluation/assessment of the ethical/unethical decisions. While previous research has provided evidence of ethical differences relating to the gender of the responding subjects, limited evidence has been presented relating to situational issues that (...) may influence assessments of ethical decisions.This research uses four accounting environment vignettes to survey the responses of accountants and accounting students to the ethical/unethical nature of the actions that are taken. In addition, how likely the accountants believe they are to take the same actions is also surveyed. The subjects are a representative sample of practicing accountants in the U.S. and senior/graduate accounting majors at a state university in the southwestern United States. (shrink)

This paper considers the development and judicial application of the Public Sector Equality Duty now found in section 149 Equality Act 2010, previously in a variety of forms in the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975. It identifies a number of emerging themes in the jurisprudence concerned, in particular, with the relationship between the PSED and Wednesbury review, the extent of the information-gathering obligation it imposes, the delegability of PSED decision-making and (...) the timing of PSED challenge. It then considers the uncertainties which remain including, in particular, the application of the duty to various categories of decision-making, and concludes by assessing the impact of the PSED on challenges to ‘cuts’ cases arising from the reductions to public sector funding, and on domestic equality jurisprudence. (shrink)

ABSTRACTUsing a frame analysis approach this paper examines how The Irish Times and the Irish Independent portrayed public sector workers during Ireland's economic crisis. Using a sample of coverage from 2009 and 2010 it discusses the five media frames identified in this analysis, three of which were hegemonic and two of which were counter hegemonic. In this paper, I argue that coverage of the public sector by each newspaper was imbalanced and inaccurate. This paper also finds that both newspapers were (...) strong advocates of austerity cutbacks in the public service as a solution to Ireland's financial crisis, frequently representing this idea as ‘fact’ while simultaneously delegitimising those opposing this viewpoint. (shrink)

Cheyne and Girard characterize felt presence during sleep paralysis attacks as a pre-hallucinatory expression of a threat-activated vigilance system. While their results may be consistent with this interpretation, they are nonetheless correlational and do not address a parsimonious alternative explanation. This alternative stipulates that FP is a purely spatial, hallucinatory form of a common cognitive phenomenon—social imagery—that is often, but not necessarily, linked with threat and fear and that may induce distress among susceptible individuals. The occurrence of both fearful and (...) non-fearful FPs in a multiplicity of situations other than sleep paralysis attacks supports the notion that FPs are hallucinatory variants of social imagery and that they are not necessarily bound to threat-activated vigilance. Evidence linking FPs with anxiety disorders supports the notion that the distress they evoke may be mediated by a more general affective distress personality factor. To illustrate the predominantly spatial character of FP hallucinations, similarities between FP and phantom limbs are summarized and the possibility that these two phenomena are parallel expressions of a mirror neuron system is considered. (shrink)

Metaphilosophy is itself philosophy about philosophy. It is not something before or independent of philosophy. Both Kai Nielsen and Richard Rorty are deeply concerned (someone might say obsessively preoccupied) with metaphilosophy. They both are thoroughly historicist and contextualist resolutely rejecting any form of a transcendental or metaphysical turn. They argue against claims to absolute validity (as well as against absolutism in any form) and a natural order of reasons: some 'Reason' to which any rational agent must be committed. They (...) both see philosophy as a transitional genre first (historically speaking) from religion then metaphysics and more latterly from scientistic conceptions of the world. But they differ about what philosophy is transitional to. For Rorty it is historical narrative and utopian proposals; for Nielsen it is critical theory. Rorty claims this, Nielsen's intentions to the contrary notwithstanding, commits him to enlightenment rationalism. Nielsen replies that his form of critical theory is deeply historicist and contextual without being resolutely atheoretical. This plays out in political orientation to Nielsen's being a socialist while Rorty is a social democrat. (shrink)

I examine Alasdair MacIntyre’s grounds for setting aside Marxism. I find them wanting. I argue that his criticisms are either unsound or fail to consider plausible alternative readings of Marxism which would elude what, on the reading MacIntyre gives, are sound criticisms. I consider MacIntyre’s remarks about Marx’s predictions, his remarks about the moral failures of Marxism and its alleged theoretical impoverishment in considering questions of value.

Nicht viele Philosophen haben eine solch große Resonanz in der Öffentlichkeit erfahren wie Hans Jonas. Das lag nicht ausschließlich an seinem Bestseller "Das Prinzip Verantwortung", der 1979/80 zu einem Medienereignis wurde. Jonas' Verdienst war es, eine ethische Debatte über die Zukunft des Menschen befeuert zu haben, die den Zeitgeist traf. Doch sind die Ideen von Hans Jonas heute noch zeitgemäß? Wie haben sich einzelne Themen weiterentwickelt? Der vorliegende Band diskutiert die Denkwege von Hans Jonas und versammelt einige Antworten von ausgewiesenen (...) Jonas-Experten. (shrink)

The algorithmic turn in photography raises the question of whether an algorithmically generated image is even a photograph at all. This paradox is abundant on India's urban streets, where the pedestrian or road user is met with giant photo saturated flex hoardings printed with political and community messages and photo-shopped portraits of gods, chief ministers and party workers. In this article, attention to photo-based political posters alongside art practices sharing common elements of digital capture and postproduction contextualizes a reading of (...) technologically produced visual landscapes in the South Indian city of Bangalore. Informed by Vilèm Flusser, the techno-materiality of hoardings are interpreted as visual practices whose reliance on Microsoft and Adobe softwares reveal more than the semiotic information that is ostensibly transmitted; in so doing the extent to which photography is a useful entry point for assessing the visuality in which we're currently living and how this gets locally inflected in the case of India is explored. (shrink)

Through examining Douglass's and Fanon's concrete experiences of oppression, Cynthia R. Nielsen demonstrates the empirical validity of Foucault's theoretical analyses concerning power, resistance, and subject-formation. Going beyond merely confirming Foucault's insights, Douglass and Fanon expand, strengthen, and offer correctives to the emancipatory dimensions of Foucault's project. Unlike Foucault, Douglass and Fanon were not hesitant to make transhistorical judgments condemning slavery and colonization. Foucault's reticence here signals a weakness in his account of human being. This weakness sets him at cross-purposes (...) not only with Scotus, but also with Douglass and Fanon. Scotus's anthropology provides a basis for transhistorical moral critique; thus he is a valuable dialogue partner for those concerned about social justice and human flourishing. (shrink)

This chapter outlines how biotechnology can be seen as a challenge to our notion of nature, and how the complexity of the concept of nature in itself is a challenge in the debate on enhancement of capacities in humans, animals and plants by means of biotechnology. It then explores how the same concept contributes to the ethical arguments both for and against enhancement of human capacities, focusing on two central aspects of the enhancement debate namely: (i) the debate that focuses (...) on enhancement as an overreaching form of therapy; and (ii) the debate that focus on enhancement as the goal in itself. Finally, the chapter summarizes the contribution of the concept of nature in terms of the challenges that its inherent complexity poses to the ethical and philosophical debate on enhancement technologies, also briefly discussing how “nature” and “naturalness” can be said to have moral relevance in the enhancement debate. (shrink)

John Rawls’s recommendation that political philosophy should be kept free of metaphysics has recently come under attack by Jean Hampton. According to her philosophy as a Socratic quest has to orient itself by radical probing and that unavoidingly involves us in metaphysical commitment. Non-Socratic philosophy in the later Rawls, she claims, reduces itself to a mere ‘modus vivendi’. In defending Rawls the article makes clear how Hampton underrates the method of reflective equilibrium. Rawls makes a rationally reconstructed use of the (...) Socratic ideal, that can be turned not only against Hampton’s critique of Rawls, but also against its relativist appropriation by Richard Rorty. (shrink)

This is an examination of some Left critiques of Rawls. Stress is put, not on his underlying moral methodology, including his contractarianism, though surely there is need for such a critique as well, but on an examination of his principles of justice, particularly his equal liberty principle and his difference principle. This is often thought to be the heart of his theory. It is argued that Rawls’ asociological and ahistorical approach and his ignoring of questions of power and of ideology (...) and his lack of an adequate conceptualization of liberty lead to major distortions in his account. Both principles are shown to be problematic and the equal liberty principle is shown to be in conflict with the difference principle. (shrink)

This first full-length study of the Arabic reception of Plato's Timaeus considers the role of Galen of Pergamum in shaping medieval perceptions of the text as transgressing disciplinary norms. It argues that Galen appealed to the entangled cosmological scheme of the dialogue, where different relations connect the body, soul, and cosmos, to expand the boundaries of medicine in his pursuit for epistemic authority – the right to define and explain natural reality. Aileen Das situates Galen's work on disciplinary boundaries (...) in the context of medicine's ancient rivalry with philosophy, whose professionals were long seen as superior knowers of the cosmos vis-à-vis doctors. Her case studies show how Galen and four of the most important Christian, Muslim, and Jewish thinkers in the Arabic Middle Ages creatively interpreted key doctrines from the Timaeus to reimagine medicine and philosophy as well as their own intellectual identities. (shrink)

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is argued (...) that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through judgments in the (...) HRA case-law. (shrink)

A central principle of bioethics is “subject autonomy,” the acknowledgement of the primacy of the informed consent of the subject of research. Autonomy requires informed consent — the assurance that the research participant is informed about the possible risks and benefits of the research. In fact, informed consent is difficult when a single drug is being tested, although subjects have a baseline understanding of the testing of a pharmacological agent and the understanding that they can stop taking the drug if (...) there were an adverse event. However, informed consent is even less easily achieved in the modern arena of complex new molecular and cellular therapies. In this article, we argue that as science confronts new issues such as transplantation of stem cell products, which may live within the participant for the rest of their lives, researchers must carefully consider and constantly re-examine how they properly inform subjects considering participation trials of these novel therapeutic strategies.For example, the manufacture of a vial of a cell product that consists of a collection of growing cells is very different than the production of a vial of identical pills, which can be presumed to be identical. The scientific concepts on which these cellular approaches are based may seem alien and incomprehensible to a research subject, who thinks of a clinical trial as simply the selection and testing of the most efficacious pharmaceutical agent already proven to work in preclinical animal studies. The research subject would be wrong. (shrink)