This paper provides a systematic account of how artificial intelligence (AI) technologies could harm nonhuman animals and explains why animal harms, often neglected in AI ethics, should be better recognised. After giving reasons for caring about animals and outlining the nature of animal harm, interests, and wellbeing, the paper develops a comprehensive ‘harms framework’ which draws on scientist David Fraser’s influential mapping of human activities that impact on sentient animals. The harms framework is fleshed out with examples inspired by both (...) scholarly literature and media reports. This systematic account and framework should help inform ethical analyses of AI’s impact on animals and serve as a comprehensive and clear basis for the development and regulation of AI technologies to prevent and mitigate harm to nonhumans. (shrink)

The Open Corporation, originally published in 2002, set out a blueprint for effective corporate self-regulation, offering practical strategies for managers, stakeholders and regulators to build successful self-regulation management systems. Christine Parker examined the conditions under which corporate self-regulation of social and legal responsibilities were likely to be effective, covering a wide range of areas - from consumer protection to sexual harassment to environmental compliance. Focusing on the features that make self-regulation or compliance management systems effective, Parker argued that law and (...) regulators needed to focus much more on 'meta-regulating' corporate self-regulation if democratic control over corporate action was to be established. (shrink)

Can the view that medical science is more important than the individual properly persuade recruitment to trials? This paper considers the nature and interests of the person and their relationships to the concepts of science and society; and analyses a conception of value used to balance the interests of science and research subjects. The implications of arguments opposing the primacy of the individual are set out to indicate their implausibility; while the primacy principle is described to show its necessity in (...) any moral society. Finally, the importance of fully informed consent to participate is explained with the requirement that the individual human life provide the criteria of moral value for human life. (shrink)

Ethical discussions about Artificial Intelligence (AI) often overlook its potentially large impact on nonhuman animals. In a recent commentary on our paper about AI’s possible harms, Leonie Bossert argues for a focus not just on the possible negative impacts but also the possible beneficial outcomes of AI for animals. We welcome this call to increase awareness of AI that helps animals: developing and using AI to improve animal wellbeing and promote positive dimensions in animal lives should be a vital ethical (...) goal. Nonetheless, we argue that there is some value in focusing on technology-based harms in the context of AI ethics and policy discourses. A harms framework for AI can inform some of our strongest duties to animals and inform regulation and risk assessment impacts designed to prevent serious harms to humans, the environment, and animals. (shrink)

This Article examines normative arguments for legal pluralism in regulation. First I briefly set out what we know in fact about how plural regulatory orderings interact and compete with state agency regulatory action. Second, I sketch, and reject, a simple legal pluralist response to regulatory pluralism. In the third part of the Article I show that "responsive" and "reflexive" approaches to intentional pluralization in the design of law should be seen as providing different but complementary pictures of pluralized law. Finally (...) I argue that this pluralized view of law might provide us with the conceptual tools to identify a type of emergent, pluralistic law, without or beyond the state, which would be relevant to thinking about both transnational regulation and multiculturalism. (shrink)

Previous work by Diffo Lambo and Moulen [Theory and Decision 53, 313–325 (2002)] and Felsenthal and Machover [The Measurement of Voting Power, Edward Elgar Publishing Limited (1998)], shows that all swap preserving measures of voting power are ordinally equivalent on any swap robust simple voting game. Swap preserving measures include the Banzhaf, the Shapley–Shubik and other commonly used measures of a priori voting power. In this paper, we completely characterize the achievable hierarchies for any such measure on a swap robust (...) simple voting game. Each possible hierarchy can be induced by a weighted voting game and we provide a constructive proof of this result. In particular, the strict hierarchy is always achievable as long as there are at least five players. (shrink)

We completely characterize the simple majority weighted voting game achievable hierarchies, and, in doing so, show that a problem about representative government, noted by J. Banzhaf [Rutgers Law Review 58, 317–343 (1965)] cannot be resolved using the simple majority quota. We also demonstrate that all hierarchies achievable by any quota can be achieved if the simple majority quota is simply incremented by one.

This paper investigates what “free-range” eggs are available for sale in supermarkets in Australia, what “free-range” means on product labelling, and what alternative “free-range” offers to cage production. The paper concludes that most of the “free-range” eggs currently available in supermarkets do not address animal welfare, environmental sustainability, and public health concerns but, rather, seek to drive down consumer expectations of what these issues mean by balancing them against commercial interests. This suits both supermarkets and egg producers because it does (...) not challenge dominant industrial-scale egg production and the profits associated with it. A serious approach to free-range would confront these arrangements, and this means it may be impossible to truthfully label many of the “free-range” eggs currently available in the dominant supermarkets as free-range. (shrink)

Since the 1990s there have been a number of government and market led initiatives to improve the welfare of layer hens in the United Kingdom, Australia and the USA. The focus of these regulatory and market initiatives has been a shift away from the dominant battery-cage system to enriched cages, barn/aviary and free-range production systems. Government regulations have played an important role in setting some minimum welfare standards and the banning of battery cages in the UK and in some US (...) states. However the commodification and market segmentation of higher welfare standards has also seen the growth in production and demand of cage-free and free-range eggs in all three countries. This paper maps and compares the developments in government regulation and market segmentation of layer-hen welfare in the UK, Australia and the USA. The role of labelling and certification in facilitating commodification and market segmentation will be examined, including the public controversies and legal conflicts over egg labelling. The key state, market and civil society actors in each country will also be identified, and their role in driving or resisting higher standards examined, including the increasingly influential role of animal welfare organizations and food corporations. (shrink)

The role of the REC is to aim for a fair and effective trial protocol and to provide to potential trial subjects sufficient information to allow them to make a rational decision on whether to participate in it or not. The members are medical specialists and members of the public together fitted to these tasks. In his paper ‘Illegality in the research protocol: the duty of research ethics committees under the 2001 Clinical Trials Directive’ Roy-Toole has made a number of (...) suggestions on how to improve the function of the RECs, but he has not given persuasive evidence to show that the RECs themselves are the most effective bodies to implement possible legal requirements to improve medical research. (shrink)

This paper focuses on the REC and its political context to clarify the process of ethical review. The examples initially considered are taken from a Research Ethics Review editorial to develop the social explanation of the membership and function of a research ethics committee. It is suggested that the management and administration of medical matters are not always best understood solely in medical terms. The conclusion of the paper is that the larger political relationships determine the membership and function of (...) the research ethics committee. The REC is defined as the political mechanism for formally socializing medical research and its lay members as similarly socializing the REC. (shrink)

Many are calling for transformative food systems changes to promote population and planetary health. Yet there is a lack of research that considers whether current food policy frameworks and regulatory approaches are suited to tackle whole of food systems challenges. One such challenge is responding to the rise of ultra-processed foods (UPF) in human diets, and the related harms to population and planetary health. This paper presents a narrative review and synthesis of academic articles and international reports to critically examine (...) whether current food policy frameworks and regulatory approaches are sufficiently equipped to drive the transformative food systems changes needed to halt the rise of UPFs, reduce consumption and minimise harm. We draw on systems science approaches to conceptualise the UPF problem as an emergent property of complex adaptive food systems shaped by capitalist values and logics. Our findings reveal that current food policy frameworks often adjust or reform isolated aspects of food systems (e.g., prices, labels, food composition), but under-emphasise the deeper paradigms, goals and structures that underlie the rise of UPFs as a systems phenomenon, and its socio-ecological implications. We propose that a ‘leverage points’ framework illuminates where to intervene in food systems to generate multi-level changes, while the theory of ecological regulation highlights how to respond to complex multi-factorial problems, like the rise of UPFs, in diverse ways that respect planetary boundaries. More research is needed to better understand the transformative potential of ecological regulation to advance food systems transformation and attenuate whole of food systems challenges. (shrink)

Practice guidelines are an increasingly relevant feature of health insurance. One hundred and seventy-eight million people in the United States have some form of private health insurance coverage; coverage for 150 million of them is employment-related. Traditionally, this coverage was provided by employers purchasing a group contract under which an insurance carrier provided indemnity coverage for employees—that is, the insurance company paid all usual, customary, and reasonable charges incurred by an employee for medical care, subject in some cases to an (...) annual deductible and to a percentage of covered expenses, co-paid by the employee, for each service. In recent years, however, employers in greater numbers have switched to so-called self-insurance plans in which employees’ health care claims are paid directly by the employer. (shrink)

Practice guidelines are an increasingly relevant feature of health insurance. One hundred and seventy-eight million people in the United States have some form of private health insurance coverage; coverage for 150 million of them is employment-related. Traditionally, this coverage was provided by employers purchasing a group contract under which an insurance carrier provided indemnity coverage for employees—that is, the insurance company paid all usual, customary, and reasonable charges incurred by an employee for medical care, subject in some cases to an (...) annual deductible and to a percentage of covered expenses, co-paid by the employee, for each service. In recent years, however, employers in greater numbers have switched to so-called self-insurance plans in which employees’ health care claims are paid directly by the employer. (shrink)

This paper responds to DW Brock’s technically strong case for the use of human embryonic stem cells in medical research. His main issue in this context is the question of whether it is moral to destroy viable human embryos. He offers a number of reasons to support his view that it is moral to destroy them, but his use of conceptual arguments is not adequate to secure his position. The purpose and scope of this paper is wholly concerned with his (...) arguments rather than with the conclusion that it is justifiable to destroy human embryos. The author proceeds through his variety of arguments and offers reasons for rejecting them. The author concludes that Brock has not shown that it is moral to destroy viable human embryos. (shrink)

In his recent paper about understanding ethical issues, Boyd suggests that traditional approaches based on principles or people are understood better in terms of perspectives, especially the perspective-based approach of hermeneutics, which he uses for conversation rather than controversy. However, we find that Boyd’s undefined contrast between conversation and controversy does not point to any improvement in communication: disputes occur during conversation and controversy may be conducted in gentle tones. We agree with Boyd, that being prepared to listen and learn (...) are excellent attitudes, but his vague attempts to establish these and similar virtues in hermeneutic theory are not plausible. Additionally, the current controversy about the use of human embryos in stem cell therapy research shows Boyd missing the opportunity to illustrate how conversation would improve understanding. (shrink)

Abstractftz is one of the ‘pair rule’ segmentation genes of Drosophila melanogaster, and is an important component of the segmentation process in the fruit fly. We discuss the transcriptional mechanism which causes ftz to be expressed in a seven stripe pattern during embryogenesis.

At the International Legal Ethics Conference IV held at Stanford Law School between 15 and 17 July 2010, one of the two opening plenary sessions consisted of a panel who debated the proposition that legal ethics should be mandatory in legal education. The panel included leading legal ethics academics from jurisdictions around the world—both those where legal ethics is a compulsory part of the law degree and those where it is not. It comprised Professors Andrew Boon, Brent Cotter, Christine Parker, (...) Stephen L Pepper and Richard Wu, and was organised and chaired by Professor Kim Economides. This is an edited version of the panel's discussion. It provides a useful summary of the state of legal ethics teaching in the jurisdictions represented as well as a marshalling of the arguments for and against legal ethics as a required course in the university law degree. (shrink)

Alternative proteins, including plant-based and cell-based meat and dairy analogues, are discursively positioned as a new form of meat and dairy and as a solution to the myriad of issues associated with conventional animal agriculture. Animal agricultural industries across various nations have resisted this positioning in regulatory spaces by advocating for laws that restrict the use of meat and dairy terms on the labels of alternative proteins products. Underlying this contestation are differing understandings of, and vested interests in, desirable futures (...) for animal agriculture. In Australia, this broader contestation led to a national-level inquiry by a Senate parliamentary committee entitled _Definitions of meat and other animal products_ (the Inquiry). This paper reports findings from a study of the problematizations developed through the Inquiry using a framework for policy discourse analysis referred to as Bacchi’s ‘What’s the Problem Represented to be’ methodology. It shows how the dominant discourse throughout the Inquiry moved away from the initial problematization of alternative proteins as a threat to animal agriculture. Instead, both industries were ultimately positioned as not in competition and only labelling laws were problematized with the solution being amendments to ensure ‘consumer clarity’. This outcome ignored a range of alternative problematizations related to the ethical, environmental, health, social and economic issues raised by animal agriculture and by alternative proteins. This lack of scrutiny benefits both industries, by closing off the policy discourse to consideration of a range of alternative interests, voices, and potential solutions, such as stricter health and welfare regulation. (shrink)

This paper traces the unspoken, implicit white racial logic of the brain disease model of addiction, which is based on seemingly universal, disembodied brains devoid of social or environmental influences. In the United States, this implicit white logic led to “context-free” neuroscience that made the social hierarchies of addiction and its consequences invisible to, and thus exacerbated by, national policies on opioids. The brain disease model of addiction was selectively deployed among the white middle-class population that had long accessed narcotics (...) and pharmaceutical treatments for narcotics disorders from biomedical clinics, as opposed to from illegal sources subject to law enforcement. In turn, new treatments for opioid addiction were racially marketed to the same white clientele to which newly patented opioid analgesics were marketed, tapping into a circumscribed but highly lucrative consumer base that has long benefited from a legally protected, racially segregated safe space for white narcotics consumption. The connecting thread for the contemporary white opioid “crisis,” therefore, is white race as a ghost variable in addiction neuroscience and in its pharmaceutical and biotechnological translation. (shrink)

We know that Bradley himself dismissed his 1874 essay The Presuppositions of Critical History as an inconsequential early work; but we also know that a later generation, Collingwood and Oakeshott especially, regarded this essay as truly revolutionary, in the words of Collingwood as a “Copernican revolution”. But it is still not generally recognised just how innovative, and destructive of older habits of thought, this short essay was.

The current revival of interest in Bradley has included a long-neglected aspect of his thought, namely his philosophy of history. There has been a new edition of The Presuppositions of Critical History with an introduction by Stock, a new essay by Rubinoff, and a recent number of Bradley Studies largely devoted to The Presuppositions of Critical History. All of these essays and articles related Bradley’s work to Collingwood’s, which has been the subject of an even bigger revival. Holdcroft made the (...) point that, though The Presuppositions often contains “embryonic versions of positions he developed in greater detail later”, he did not return to the subject of history ; this is, of course, true of his major works, and history ceased to be a major interest for him. However, on one occasion he was drawn back into the field. The occasion was one of the spats that he had with Bertrand Russell, who had taken over from Pragmatism as Bradley’s main concern, if three articles in Mind in 1909 and 1910 and new pieces prepared for publication in 1914 are anything to go by. These were reprinted or published for the first time as part of Essays on Truth and Reality. One of the new pieces, published as Chapter XIV, was entitled “What is the real Julius Caesar?”. He was responding to an article in Proceedings of the Aristotelian Society, xi, “Knowledge by Acquaintance and Knowledge by Description.”. (shrink)

This article is currently available as a free download on ingentaconnect.

Bradley’s philosophy of history, which was mostly embodied in his first published work, The Presuppositions of Critical History, has been the subject of a number of explanatory and critical pieces, several of them in the pages of this journal. In outlining the fundamentals of his approach to historical knowledge, therefore, I can be brief. He begins, ‘There is no history which in some respects is not more or less critical’, because selection of information is essential and the historian needs some (...) principle of selection. It is clear that Bradley includes selecting information not just from primary sources but from previous historians. And, ‘if we exclude or alter or rationalise to the very smallest extent then we have criticism at once.’ The criterion, or canon of selection has to be the historian himself. This has sometimes been dismissed as dangerously relativist, but such criticism misses the point that although the actual historian is the real criterion, ‘the historian as he ought to be’ is the ideal criterion; and ‘the historian who is true to the present is the historian as he ought to be.’ It is crucial to Bradley’s position and to the development of my argument in this paper to note that it is the historian who is true to the present, not to the past, who is the historian as he ought to be. For, as Bradley explained, ‘every man’s present standpoint ought to determine his belief in respect to all past events; but to no man do I dictate what his present standpoint ought to be. Consistency is the one word that I have emphasised.’ Bradley denied a correspondence theory of truth in favour of a coherence theory. Truth had to be constructed by the knower who was not a mere passive observer of reality.. (shrink)

Star of stand-up, winner of Celebrity Treasure Island and lockdown Instagram sensation, Chris Parker shares a series of short stories, essays and musings. Chris has made a name for himself as an outspoken, witty and charming personality who is consistently exceeding expectations of himself and others at everything he turns his mind to. Be it his lockdown felting journey, which saw him creating a hat out of felt that was then bought by Auckland Museum for their permanent collection, entering Celebrity (...) Treasure Island and becoming the winner due to his knowledge of exotic weeds that grow in his garden, or just living his life as a larger than life openly gay unapologetically camp man in Aotearoa, Chris Parker is ready to share his insights on the world. This will have readers laughing and relating. As a comedian Chris Parker has built a large audience with his charismatic storytelling and online video sketches. This book allows the reader to take Chris home with them for a much-needed pick me up whenever they need. (shrink)

Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur in the interaction (...) between courtroom justice, informal everyday justice, and social movementpolitics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, andpractices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers. (shrink)

We consider a particular attempt to justify medical research and the practice of medicine as moral imperatives; in doing this we are led into a comparison of consequential and deontological justifications of intention and action. We conclude that the justification of research and medicine is consequential.

Nathan Emmerich, in a recent issue of Research Ethics Review, has suggested that the ‘professional ethicist’ should be considered an ‘expert member’ in the research ethics committee. He raised a number of interesting questions and in seeking to answer them one may come to what may be regarded as an unexpected conclusion – that there is a prior need to clearly explain the concept of ‘ethical expertise’ and the ‘ethics professional’.

This paper seeks to clarify the process of ethical review primarily through a consideration of the lay member's role; it considers some of the conventional accounts of the role and portrays weaknesses in them. Its positive account places the ethical review service in a wide political context allowing the definition of lay member as a politically-positioned individual in the REC with the function of formally representing the public standards of morality in the medical research context.

IntroductionResponsible investment, in which environmental, social and governance considerations are incorporated into investment decision making, is a potentially powerful tool for increasing corporate accountability and improving corporate practices to address broad societal challenges. Whilst the RI sector is growing, there is limited understanding of the extent to which pressing social issues, such as obesity and unhealthy population diets, are incorporated within RI decision making. This study aimed to investigate the extent to which obesity prevention and population nutrition are considered by (...) Australian institutional investors engaged in responsible investment.MethodsA desk-based review was conducted of investment approaches of prominent Australian asset managers and superannuation funds identified as engaged in responsible investment. Relevant information on the incorporation of ESG issues related to obesity and population nutrition was extracted for each investor, drawing on websites, published policy documents and annual reports. Strategies were categorized as: negative/exclusionary screening; positive/best-in-class screening; norms-based screening; ESG integration; sustainability-themed investing; impact/community investing; and corporate engagement and shareholder action. These strategies were compared across investors and by themes related to obesity and population nutrition.ResultsEighteen of the 35 investors indicated that they applied investment strategies that considered issues related to obesity and population nutrition. The most commonly identified strategy was ESG integration, followed by sustainability-themed investing, and positive screening. The ways in which obesity and population nutrition were considered as part of these approaches included relatively high-level general health considerations, considerations around the healthiness of food company product portfolios, and consideration of specific company nutrition policies and practices. The specificity and depth to which RI strategies were disclosed varied.ConclusionThere is significant potential for investment decisions to contribute to efforts to address key social issues, such as obesity and unhealthy diets. Some institutional investors in Australia have recognized the potential importance of incorporating obesity- and population nutrition-related issues into decision-making processes. However, the extent to which these considerations translate into investment decisions and their impact on companies in the food sector warrant further exploration. (shrink)

Many companies are now implementing ethics and regulatory compliance programs. The growth of employment of both lawyers and specialist "compliance professionals" to advise on and facilitate implementation of these programs has expanded concomitantly. This paper examines the ethical role that should be played by these advisors. Traditional ways of conceptualising corporate lawyers' ethics are shown to be inadequate because they see the legal advisor as an autonomous adversarial advocate or an independent and aloof counsellor. Instead interviews with compliance practitioners are (...) used to show that a superior conceptualisation of the compliance advisor's role is emerging. Compliance practitioners identify explicitly with business and, at the same time, identify with a broader ethical community of other compliance professionals, regulators and stakeholders in order to play a transformative role within the organisation. This conception recognises the interdependence between compliance advisor and corporate client. (shrink)