Lawyers in many jurisdictions are ageing, and yet there is little information concerning the age profile of the legal profession. This paper presents the first consideration of the age profile of lawyers outside of the US, showing that Australian lawyers are ageing and delaying retirement. These findings have serious implications. Problems associated with a growing proportion of older lawyers include an increasing risk of lawyers suffering from age-related cognitive and physical impairment, and the related rise of complaints and malpractice claims (...) against older lawyers. It is also clear that the Australian legal profession is unprepared to address these problems. The legal profession has ignored important gender-specific implications of ageing, such as female lawyers experiencing menopause and the lower savings of female lawyers moving into retirement. Regulatory regimes have not considered the impact of the profession's ageing profile, and there is no mandatory reporting of lawyers suffering from age-related impairment or provisions should a lawyer die. The profession also has not provided strategies to positively transition lawyers into retirement, and there is a lack of flexible working arrangements and succession planning, especially in firms located outside urban centres. (shrink)

Lawyers in many jurisdictions are ageing, and yet there is little information concerning the age profile of the legal profession. This paper presents the first consideration of the age profile of lawyers outside of the US, showing that Australian lawyers are ageing and delaying retirement. These findings have serious implications. Problems associated with a growing proportion of older lawyers include an increasing risk of lawyers suffering from age-related cognitive and physical impairment, and the related rise of complaints and malpractice claims (...) against older lawyers. It is also clear that the Australian legal profession is unprepared to address these problems. The legal profession has ignored important gender-specific implications of ageing, such as female lawyers experiencing menopause and the lower savings of female lawyers moving into retirement. Regulatory regimes have not considered the impact of the profession's ageing profile, and there is no mandatory reporting of lawyers suffering from age-related impairment or provisions should a lawyer die. The profession also has not provided strategies to positively transition lawyers into retirement, and there is a lack of flexible working arrangements and succession planning, especially in firms located outside urban centres. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

Moods are sometimes thought to be counter-examples to intentionalism, the view that a mental state’s phenomenal features are exhausted by its representational features. The problem is that moods are accompanied by phenomenal experiences that do not seem to be adequately accounted for by any of their plausibly represented contents. This paper develops and defends an intentionalist view of the phenomenal character of moods on which moods represent intentional objects as having sui generis affective properties that are not bound to any (...) objects. (shrink)

The concept of ‘ownership’ is increasingly central to debates, in the media, health policy and bioethics, about the appropriate management of clinical data. I argue that the language of ownership acts as a metaphor and reflects multiple concerns about current data use and the disenfranchisement of citizens and collectives in the existing data ecosystem. But exactly which core interests and concerns ownership claims allude to remains opaque. Too often, we jump straight from ‘ownership’ to ‘private property’ and conclude ‘the data (...) belongs to the patient’. I will argue here that private property is only one type of relevant relationship between people, communities and data. There are several reasons to doubt that conceptualising data as private property presents a compelling response to concerns about clinical data ownership. In particular I argue that clinical data are co-constructed, so a property account would fail to confer exclusive rights to the patient. A non-property account of ownership acknowledges that the data are ‘about the patient’, and therefore the patient has relevant interests, without jumping to the conclusion that the data ‘belongs to the patient’. On this broader account of ownership, the relevant harm is the severing of the connection between the patient and their data, and the solution is to re-engage and re-connect patients to the data research enterprise. (shrink)

Throughout March and April 2020, debate raged about how best to allocate limited intensive care unit resources in the face of a growing COVID-19 pandemic. The debate was dominated by utility-based arguments for saving the most lives or life-years. These arguments were tempered by equity-based concerns that triage based solely on prognosis would exacerbate existing health inequities, leaving disadvantaged patients worse off. Central to this debate was the assumption that ICU admission is a valuable but scarce resource in the pandemic (...) context.In this paper, we argue that the concern about achieving equity in ICU triage is problematic for two reasons. First, ICU can be futile and prolong or exacerbate suffering rather than ameliorate it. This may be especially true in patients with COVID-19 with emerging data showing that most who receive access to a ventilator will still die. There is no value in admitting patients with poor prognostic indicators to ICU to meet an equity target when intensive critical care is contrary to their best interests. Second, the focus on ICU admission shifts focus away from important aspects of COVID-19 care where there is greater opportunity for mitigating suffering and enhancing equitable care.We propose that the focus on equity concerns during the pandemic should broaden to include providing all people who need it with access to the highest possible standard of end-of-life care. This requires attention to culturally safe care in the following interlinked areas: palliative care, communication and decision support and advanced care planning. (shrink)

This paper examines the US Atomic Energy Commission’s radioisotope distribution program, established in 1946, which employed the uranium piles built for the wartime bomb project to produce specific radioisotopes for use in scientific investigation and medical therapy. As soon as the program was announced, requests from researchers began pouring into the Commission’s office. During the first year of the program alone over 1000 radioisotope shipments were sent out. The numerous requests that came from scientists outside the United States, however, sparked (...) a political debate about whether the Commission should or even could export radioisotopes. This controversy manifested the tension between the aims of the Marshall Plan and growing US national security concerns after World War II. Proponents of international circulation of radioisotopes emphasized the political and scientific value of collaborating with European scientists, especially biomedical researchers. In the end, radioisotopes were shipped from the Commission’s Oak Ridge facility to many laboratories in England and continental Europe, where they were used in biochemical research on animals, plants, and microbes. However, the issue of radioisotope export continued to draw political fire in the United States, even after the establishment of national atomic energy facilities elsewhere. (shrink)

In their response to ‘Public interest in health data research: laying out the conceptual groundwork’, Grewal and Newson critique us for inattention to the law and putting forward an impracticably broad conceptual understanding of public interest. While we agree more work is needed to generate a workable framework for Institutional Review Boards/Research Ethics Committees, we would contend that this should be grounded on a broad conception of public interest. This broadness facilitates regulatory agility, and is already reflected by some current (...) frameworks such as that found in the guidelines approved under Australia’s Privacy Act. It remains unclear which elements of our broad account Grewal and Newson would reject, or indeed where the substantive disagreement with our position lies. (shrink)

When the Toxic Substances Control Act was passed by the US Congress in 1976, its advocates pointed to new generation of genotoxicity tests as a way to systematically screen chemicals for carcinogenicity. However, in the end, TSCA did not require any new testing of commercial chemicals, including these rapid laboratory screens. In addition, although the Environmental Protection Agency was to make public data about the health effects of industrial chemicals, companies routinely used the agency’s obligation to protect confidential business information (...) to prevent such disclosures. This paper traces the contested history of TSCA and its provisions for testing, from the circulation of the first draft bill in the Nixon administration through the debates over its implementation, which stretched into the Reagan administration. The paucity of publicly available health and environmental data concerning chemicals, I argue, was a by-product of the law and its execution, leading to a situation of institutionalized ignorance, the underside of regulatory knowledge. (shrink)

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political (...) power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law. (shrink)

Locke’s theory of consciousness is often appropriated as a forerunner of present-day Higher-Order Perception (HOP) theories, but not much is said about it beyond that. We offer an interpretation of Locke’s account of consciousness that portrays it as crucially different from current-day HOP theory, both in detail and in spirit. In this paper, it is argued that there are good historical and philosophical reasons to attribute to Locke the view not that conscious states are accompanied by higher-order perceptions, but rather (...) that conscious states constitute perceptions of themselves. (shrink)

Resumen: El diálogo fallido entre Estado y pueblo mapuche se enraíza en la formación misma del Estado chileno promovido por una elite que construye una institucionalidad a su imagen y semejanza, ilusamente homogénea e invisibilizadora de las diferencias. No obstante, el mismo espíritu “civilizador” que espera integrar a estas minorías asimilándolas, facilita la inserción de estas minorías en el diálogo postmoderno acerca de la interculturalidad, en el cual se enfrentan a la perspectiva multiculturalista que no da cuenta del acto de (...) reconocimiento que implica convivir con la otredad. (shrink)

Presents an interpretation of David Hume's account of what a 'cause' is. This book emphasises on the connections between Hume's theories of cause, space and time, morals, and aesthetics.

We can observe a connection between some serious environmental problems caused by the overexploitation of environmental resources and the particular conceptions of property rights that are claimed to hold with regard to these resources. In this paper, I investigate whether Kant’s conception of property rights might constitute a basis for justifying property regimes that would overcome some of these environmental problems. Kant’s argument for the right to property, put forward in his Doctrine of right, is complex. In Section 2, I (...) attempt an interpretation. Section 3 works out the defining characteristics of the conception of property rights that Kant’s argument establishes and investigates their implications for determining property regimes in environmental resources. Kant proposes a minimalist notion of the right to property as a triadic relation between persons with regard to an object, justified only on the condition that it is universalizable in the given circumstances. I argue that this notion offers a promising account for determining property relations with regard to environmental resources. By way of illustration, in Section 4, I focus on an example of Kantian property rights in one type of environmental resource: the marine fisheries. (shrink)

Hume’s account of the origin and nature of our ideas of space and time is generally thought to be the least satisfactory part of his empiricist system of philosophy. The main reason is internal in that the account is judged to be inconsistent with Hume’s fundamental principle for the relationship between senses and cognition, the copy principle. This paper defends Hume against the inconsistency objection by offering a new systematic interpretation of Hume on space and time and illuminating more generally (...) the role of the copy principle in his philosophy. Humes Theorie des Wesens und des Ursprungs unserer Vorstellungen von Raum und Zeit wird generell zu den am wenigsten befriedigenden Teilen seiner empiristischen Philosophie gezählt. Der Hauptgrund dafür ist werkimmanent: Die Raum- Zeit-Theorie einerseits und Humes „copy principle“ andererseits – d.h. dasjenige Fundamental-Prinzip, das die Relation zwischen unseren Sinnen und unserem Denken regelt – werden als miteinander inkonsistent erachtet. Dieser Beitrag bietet eine neue, systematische Interpretation der Raum-Zeit-Lehre Humes und eine umfassendere Darstellung der Rolle des „copy principles“ in seiner Philosophie an. Auf diese Weise wird Hume gegen den Vorwurf der Inkonsistenz verteidigt. (shrink)

(2010). Response to Open Peer Commentaries on “How to Do Research Fairly in an Unjust World”. The American Journal of Bioethics: Vol. 10, No. 6, pp. W4-W6.

Chez Aristophane, le public est impliqué dans le jeu comique, grâce à la disposition physique de l’espace théâtral. Il est raisonnable de penser que les femmes faisaient partie du public. Ce travail analyse les vv. 42 ss. de Lysistrata, où il semble que Cléonice s’adresse aux femmes assises dans la cavea.

In queste pagine è delineata la vicenda esistenziale e intellettuale di Edith Stein. Donna straordinaria, è stata capace di racchiudere nella sua persona molte "possibili" vite. Le ha realizzate come ebrea e cattolica, fenomenologa e filosofa cristiana, docente e monaca carmelitana, agnostica e santa. Si tratta di un processo vitale dagli apparenti salti qualitativi, i quali si volgono all'ascolto di un medesimo nucleo identitario. Questa viva "formazione di sé" ha condotto Edith Stein a una "donazione di sé", culminata nell'Olocausto. Il (...) Diario di Edith si sovrappone ai pensieri di Angela Ales Bello, in veste di narratrice d'eccezione. Con la sentita partecipazione della narratrice, e insieme mantenendo il distacco critico della studiosa, viene scoperta la storia di un'anima. Le emozioni e le conquiste intellettuali trovano una sintesi grazie al peculiare approccio ai "fenomeni" che Edith Stein aveva appreso alla scuola di Edmund Husserl, di Tommaso d'Aquino e di Teresa D'Avila. Sintesi mirabile di pensatori che "si danno la mano" al di là dello spazio e del tempo--Front flap. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 3, Page 468-486, September 2022.

Between 1920 and 1940, increasing proportions of urban Italian and Jewish women gave birth under the supervision of doctors in clinics and hospitals and limited the number of children they bore. We examine the role of women's informal conversation in accounting for the differences between Jewish and Italian women in the timing of these social changes. Women in both groups drew on relatives, friends, and neighbors for information and social support, but differences in the composition of Italian and Jewish networks (...) were relevant for the timing of change in these reproductive behaviors. (shrink)

Consisting of studies in Christian thought in relation to catastrophe, this book particularly looks at the ideas of Soren Kierkegaard and Karl Barth. When it was first published in 1940 this important investigation of ‘existential reality’ presented the view that the climate of crisis and catastrophe is also the essential climate of real religion. It addressed questions of the time surrounding war and religion. Calling for a rebirth of religion, this personal account tries to understand the thinking of Kierkegaard and (...) similar contemporaries and expose their importance in considering the nature of religion. (shrink)

This study examined how the level of meat consumption was related to two psychological factors, selfishness and animal-oriented empathy, and three motivations related to animal, health, and environmental issues. A sample of Australian adults between 18 and 80 (N = 497) was surveyed online via the Zoho Survey platform. Structural equation modelling was applied to the data, and the resulting models revealed that higher selfishness and lower empathy were associated with higher meat consumption for males but there was no association (...) between psychological factors and meat consumption for females. All three motivations were associated with both higher empathy and selfishness for males. For females, higher empathy was associated with higher health and animal motivations, while higher selfishness was associated with higher environmental motivation. Lastly, none of the three motivations were related to meat consumption for either gender. Thus, the results only partially supported the hypotheses that selfishness and empathy would influence meat consumption and motivations. Nevertheless, this study contributes to research on personality factors in relation to meat consumption and the link between masculinity and meat consumption. (shrink)

Il mio scopo in questo articolo è mettere d'accordo l'analisi sulle questioni antropologiche e metafisiche di E. Husserl ed E. Stein. Per realizzare questo compito è necessario spiegare il significato del metodo fenomenologico, prima di tutto in Husserl e poi in E. Stein, mettendo in luce la novità del suo approccio della conoscenza dell'essere umano, del mondo e di Dio. Il saggio è suddiviso in quattro parti; due sono dedicate all'investigazione dell'essere umano di Husserl e Stein e due allo sviluppo (...) dei loro temi metafisici. Leggendo il primo topico scopriamo una significante connessione tra i due pensatori; leggendo il secondo, notiamo che è possibile trovare un approccio metafisico della realtà persino in Husserl ed um originale sviluppo dei temi nell'analisi della Stein, collegandoli con la filosofia e la teologia medievale. (shrink)