The body of the law is an ambiguous phrase. Conventionally, it designates the law as a determinate corpus; legal codes, statutes, and the rulings of common law. But it can also refer to the subjected body that is produced by and is part of the law. This subjected body is necessary for the law's existence. Thinking Through the Body of the Law reconceives the role of the body in the founding, maintaining, and regulation of our legal systems and social order (...) and elaborates on its implications for issues of legal responsibility and justice. Taking into account and sometimes challenging the tenets of critical legal theory, critical race theory, and feminist jurisprudence, these essays examine the body and the law as they relate to surrogacy, the Holocaust, land-rights for Aboriginals, murder, the media and insanity, taxation, genetic engineering, and sexy dressing and sexual harassment. (shrink)

This is a stellar collection. The pieces are diversified, not a commemorative gesture but a critical engagement.

To such sanguine expectations, Pheng Cheah responds deftly with a sobering account of how the "inhuman" imperatives of capitalism and technology are ...

Going against orthodoxy, Pheng Cheah retraces the universal-rationalist foundations and progressive origins of political organicism in the work of Kant and its development in philosophers in the German tradition such as Fichte, Hegel, and ...

In modernity, the concept of cosmopolitanism has changed from an intellectual ethos to a vision of an institutionally embedded global political consciousness. The central problem that troubles cosmopolitanism from its moment of inception in 18th-century philosophy to the globalized present is whether we live in a world that is interconnected enough to generate institutions that have a global regulatory reach and a global form of solidarity that can influence their functioning. Examination of Kant's pre-nationalist cosmopolitanism, Marx's postnationalist cosmopolitanism, and decolonizing (...) socialist nationalism indicates the normative attraction of the nation as a mode of solidarity. Contemporary arguments about new cosmopolitanisms focusing on the rise of transnational networks of global cities, postnational social formations created by migrant and diasporic flows and Habermas's recent revival of Kant's project of cosmopolitan democracy have likewise failed to address the persistence of nationalism as a normative force within the field of uneven globalization. (shrink)

This article explores the implications of Derrida's suggestion in several texts that, while a classic dialectical materialism partakes of logocentrism, other sorts of nondialectical materialism would be possible. The nondialectical materialisms that emerge from the work of Derrida and that of Gilles Deleuze resist or evade the teleology of the dialectic in different ways. Because Derrida understands material force as the reference to the impossible other and Deleuze views materiality in terms of impersonal and preindividual forces, materiality, even if it (...) is not unfigurable as such, is not easily instantiated by concrete figures that are recognizable by political discourse. (shrink)

This dissertation examines the tribulations and the futures of radical national literary culture as a vehicle of freedom in the postcolonial South within the general context of the vicissitudes of the postcolonial nation-state in contemporary neocolonial globalisation. In philosophical modernity, culture is regarded as the means to overcome finitude and the realm where the ideal of human freedom can be incarnated. Consequently, the modern idea of freedom culminates in a politics of culture. Culture supplies the ontological paradigm for different models (...) of modern political community and even the idea of the political itself in the philosophical cosmopolitanism of Kant and the philosophical nationalisms of Fichte and Hegel. Although Marx presents his materialist cosmopolitanism as an inversion of Hegel's idealist nationalism, the same philosopheme of culture informs his idea of the proletarian world community. This is made evident by the persistence of the national question in Marxism. Insofar as it grants primacy to culture in the struggle against colonial and neocolonial economic and political domination, the project of Third World revolutionary national culture has its conceptual origins in the modern philosopheme of culture. However, the vicissitudes of these projects in neocolonial globalisation as exemplified by the work and lives of Pramoedya Ananta Toer of Indonesia and Ngugi Wa Thiong'o of Kenya cast doubt on the viability of this philosopheme of culture. The inability of revolutionary national culture to transcend the neocolonial forces of domination, death and destruction unleashed by global capital suggests that culture qua incarnational work is plagued by various forms of haunting that are internal to its structure. Hence, instead of regarding postcolonial national culture as the incarnation of human freedom, we ought to understand it as being essentially constituted by spectral negotiations with global capital. It is only from this vantage point that we can better grasp how it in turn haunts and destabilises neocolonial hegemony. (shrink)

This article explores the implications of Derrida's suggestion in several texts that, while a classic dialectical materialism partakes of logocentrism, other sorts of nondialectical materialism would be possible. The nondialectical materialisms that emerge from the work of Derrida and that of Gilles Deleuze resist or evade the teleology of the dialectic in different ways. Because Derrida understands material force as the reference to the impossible other and Deleuze views materiality in terms of impersonal and preindividual forces, materiality, even if it (...) is not unfigurable as such, is not easily instantiated by concrete figures that are recognizable by political discourse. (shrink)

New Materialisms brings into focus and explains the significance of the innovative materialist critiques that are emerging across the social sciences and humanities. By gathering essays that exemplify the new thinking about matter and processes of materialization, this important collection shows how scholars are reworking older materialist traditions, contemporary theoretical debates, and advances in scientific knowledge to address pressing ethical and political challenges. In the introduction, Diana Coole and Samantha Frost highlight common themes among the distinctive critical projects that comprise (...) the new materialisms. The continuities they discern include a posthumanist conception of matter as lively or exhibiting agency, and a reengagement with both the material realities of everyday life and broader geopolitical and socioeconomic structures. Coole and Frost argue that contemporary economic, environmental, geopolitical, and technological developments demand new accounts of nature, agency, and social and political relationships; modes of inquiry that privilege consciousness and subjectivity are not adequate to the task. New materialist philosophies are needed to do justice to the complexities of twenty-first-century biopolitics and political economy, because they raise fundamental questions about the place of embodied humans in a material world and the ways that we produce, reproduce, and consume our material environment. Contributors Sara Ahmed Jane Bennett Rosi Braidotti Pheng Cheah Rey Chow William E. Connolly Diana Coole Jason Edwards Samantha Frost Elizabeth Grosz Sonia Kruks Melissa A. Orlie. (shrink)

In this special issue of _difference_s, leading feminist theorists acknowledge Derrida’s contribution to feminist theory, discuss the crucial place of difference in both Derridian deconstruction and feminist theory, and reflect on the ethical, professional, and epistemological implications of Derrida’s thought for the discipline of women’s studies. In bringing together major feminist critics whose work has been touched by the writings of Derrida, this issue both pays tribute to and reflects upon Derrida’s ideas. Among the essayists included, Jane Gallop considers Derrida’s (...) writings on Levinas; Judith Butler reads Derrida’s final interview in _Le Monde_ in 2004; Elizabeth Grosz signals Derrida as a rare philosopher for whom sexual difference was crucial; Gayatri Chakravorty Spivak explores the figure of the mother’s child in Derrida, focusing on the critique of reproductive heteronormativity and the question of agency in feminism; and Joan Wallach Scott argues for the importance of critique in the academy. The issue also includes an edited transcription of a vibrant discussion between feminist theorists and Derrida called “Women in the Beehive: A Seminar with Jacques Derrida,” which took place at Brown University’s Pembroke Center for Teaching and Research on Women in 1984. _Contributors_. Fran Bartkowski, Anne-Emmanuelle Berger, Susan Bernstein, Judith Butler, Pheng Cheah, Drucilla Cornell, Jane Gallop, Elizabeth Grosz, Peggy Kamuf, Christie McDonald, Joan Wallach Scott, Gayatri Chakravorty Spivak. (shrink)

Community engagement is increasingly promoted as a marker of good, ethical practice in the context of international collaborative research in low-income countries. There is, however, no widely agreed definition of community engagement or of approaches adopted. Justifications given for its use also vary. Community engagement is, for example, variously seen to be of value in: the development of more effective and appropriate consent processes; improved understanding of the aims and forms of research; higher recruitment rates; the identification of important ethical (...) issues; the building of better relationships between the community and researchers; the obtaining of community permission to approach potential research participants; and, the provision of better health care. Despite these diverse and potentially competing claims made for the importance of community engagement, there is very little published evidence on effective models of engagement or their evaluation. (shrink)

Community engagement is gaining prominence in global health research. A number of ethical goals–spanning the instrumental, intrinsic, and transformative–have been ascribed to CE in global heal...

In order to involve children in the decision-making process about participation in medical research it is widely recommended that the child’s assent be sought in addition to parental consent. However, the concept of assent is fraught with difficulties, resulting in confusion among researchers and ethics committees alike.

The pressure on companies to practice corporate social responsibility (CSR) has gained momentum in recent times as a means of sustaining competitive advantage in business. The pharmaceutical industry has been acutely affected by this trend. While pharmaceutical product recalls have become rampant and increased dramatically in recent years, no comprehensive study has been conducted to study the effects of announcements of recalls on the shareholder returns of pharmaceutical companies. As product recalls could significantly damage a company's reputation, profitability and brand (...) integrity, this paper investigates the effect on shareholder wealth and the extent to which the adoption of CSR practices by pharmaceutical companies in the United Kingdom (U.K.) and the United States (U.S.), the two largest markets for pharmaceutical products in the world, affected market reactions surrounding product recall announcements. The analysis of product recall announcements from 1998 to 2004 compiled from The Pharmaceutical Journal and U.S. Food and Drug Administration enforcement reports revealed marked differences in the way market participants in the two countries responded to news of product recalls. U.S. investors penalised firms according to the severity of product defects while U.K. investors were indifferent. While U.K. investors rewarded product recalls by firms which were not usually CSR-active, U.S. investors punished non-CSR active firms that performed recalls. These observations could pose strategic challenges to pharmaceutical firms operating in both countries. (shrink)

Since January 2016, the Mahidol Oxford Tropical Medicine Research Unit has trialled a data-sharing policy where requests to access research datasets are processed through a Data Access Committee. In this paper, we share our experiences establishing data management systems and data-sharing infrastructure including a data-sharing policy, data access committee and related procedures. We identified a number of practical and ethical challenges including requests for datasets collected without specific or broad consent to data sharing and requests from pharmaceutical companies for data (...) to support drug registration applications. We also encountered significant resource constraints which required the development of appropriate human resources and infrastructure. We suggest a research agenda to promote responsible and equitable data sharing while safeguarding the rights and interests of research participants and researchers. (shrink)

The use of placebos in randomised controlled trials is a subject of considerable ethical debate. In this paper we present a set of considerations to evaluate the ethics of placebo controlled trials that includes: social value of the study; need for a randomised controlled trial and placebo; standards of care; risks of harm due to administration of placebo and the harm benefit balance; clinical equipoise; and double standards. We illustrate the application of these considerations using a case study of a (...) large ongoing multicentre, placebo-controlled, double-blinded, randomised trial to determine primaquine anti-relapse efficacy in vivax malaria. There is an urgent need for primaquine anti-relapse studies in order to rationalise the management of a potentially fatal disease. An ethical justification for the use of the placebo arm is provided on the grounds that the actual current applied standard of care in most endemic places does not include primaquine. It has also been argued that there is clinical equipoise among the primaquine study arms and that the risk of harms of being in the placebo arm is the risk of having relapse, which is no more than not being included in the trial, and that there are no double standards. Based on our set of considerations, we conclude that a placebo arm is not only justified but imperative in this study. We propose that similar considerations should be prospectively applied to other placebo controlled trials and observational control arms where no treatment is offered. (shrink)

Research funders, regulatory agencies, and journals are increasingly expecting that individual-level data from health research will be shared. Broad consent to such sharing is considered appropriate, feasible and acceptable in low- and middle-income settings, but to date limited empirical research has been conducted to inform the design of such processes. We examined stakeholder perspectives about how best to seek broad consent to sharing data from the Mahidol Oxford Tropical Medicine Research Unit, which implemented a data sharing policy and broad consent (...) to data sharing in January 2016. Between February and August 2017 qualitative data were collected at two sites, Bangkok and the Thai-Myanmar border town of Mae Sot. We conducted eighteen semi-structured interviews. We also conducted four focus group discussions with a total of nineteen people. Descriptive and thematic coding informed analysis of aspects of data sharing that are considered most important to inform participants about, and the best ways to explain complex and abstract topics relating to data sharing. The findings demonstrated that clinical trial participants prioritise information about the potential benefits and harms of data sharing. Stakeholders made multiple suggestions for clarifying information provided about data sharing on such topics. There was significant variation amongst stakeholders’ perspectives about how much information should be provided about data sharing, and it was clear that effective information provision should be responsive to the study, the study population, the individual research participant and the research context. Effectively communicating about data sharing with research participants is challenging in practice, highlighting the importance of robust and effective data sharing governance in this context. Broad consent should incorporate effective and efficient explanations of data sharing to promote informed decision-making, without impeding research participants’ understandings of key aspects of the research from which data will be shared. Further work is required to refine both the development of core information about data sharing to be provided to all research participants, and appropriate solutions for context specific-challenges arising when explaining data sharing. (shrink)

BackgroundCommunity engagement is increasingly promoted as a marker of good, ethical practice in the context of international collaborative research in low-income countries. There is, however, no widely agreed definition of community engagement or of approaches adopted. Justifications given for its use also vary. Community engagement is, for example, variously seen to be of value in: the development of more effective and appropriate consent processes; improved understanding of the aims and forms of research; higher recruitment rates; the identification of important ethical (...) issues; the building of better relationships between the community and researchers; the obtaining of community permission to approach potential research participants; and, the provision of better health care. Despite these diverse and potentially competing claims made for the importance of community engagement, there is very little published evidence on effective models of engagement or their evaluation.MethodsIn this paper, drawing upon interviews with the members of a Community Advisory Board on the Thai-Myanmar border, we describe and critically reflect upon an approach to community engagement which was developed in the context of international collaborative research in the border region.Results and conclusionsDrawing on our analysis, we identify a number of considerations relevant to the development of an approach to evaluating community engagement in this complex research setting. The paper also identifies a range of important ways in which the Community Advisory Board is in practice understood by its members to have morally significant roles and responsibilities beyond those usually associated with the successful and appropriate conduct of research. (shrink)

Community engagement is increasingly recognized as a critical element of medical research, recommended by ethicists, required by research funders and advocated in ethics guidelines. The benefits of community engagement are often stressed in instrumental terms, particularly with regard to promoting recruitment and retention in studies. Less emphasis has been placed on the value of community engagement with regard to ethical good practice, with goals often implied rather than clearly articulated. This article outlines explicitly how community engagement can contribute to ethical (...) global health research by complementing existing established requirements such as informed consent and independent ethics review. The overarching and interlinked areas are respecting individuals, communities and stakeholders; building trust and social relationships; determining appropriate benefits; minimizing risks, burdens and exploitation; supporting the consent process; understanding vulnerabilities and researcher obligations; gaining permissions, approvals and building legitimacy and achieving recruitment and retention targets. (shrink)

BackgroundSharing de-identified individual-level health research data is widely promoted and has many potential benefits. However there are also some potential harms, such as misuse of data and breach of participant confidentiality. One way to promote the benefits of sharing while ameliorating its potential harms is through the adoption of a managed access approach where data requests are channeled through a Data Access Committee, rather than making data openly available without restrictions. A DAC, whether a formal or informal group of individuals, (...) has the responsibility of reviewing and assessing data access requests. Many individual groups, consortiums, institutional and independent DACs have been established but there is currently no widely accepted framework for their organization and function.Main textWe propose that DACs, should have the role of both promotion of data sharing and protection of data subjects, their communities, data producers, their institutions and the scientific enterprise. We suggest that data access should be granted by DACs as long as the data reuse has potential social value and provided there is low risk of foreseeable harms. To promote data sharing and to motivate data producers, DACs should encourage secondary uses that are consistent with the interests of data producers and their own institutions. Given the suggested roles of DACs, there should be transparent, simple and clear application procedures for data access. The approach to review of applications should be proportionate to the potential risks involved. DACs should be established within institutional and legal frameworks with clear lines of accountability, terms of reference and membership. We suggest that DACs should not be modelled after research ethics committees because their functions and goals of review are different from those of RECs. DAC reviews should be guided by the principles of public health ethics instead of research ethics.ConclusionsIn this paper we have suggested a framework under which DACs should operate, how they should be organised, and how to constitute them. (shrink)

Shopping cart abandonment remains a challenge for many e-retailers despite the continued growth of the e-commerce industry worldwide. However, the issue of online shopping cart abandonment has not been explored extensively in the literature. Grounded by the stimulus-organism-response model, this study explores a sequential mediation model comprising consumers' wait for lower prices as an antecedent, hesitation at checkout and OSCA as mediators, perceived transaction inconvenience as a moderator, and decision to buy from a land-based retailer as an outcome. An online (...) questionnaire was designed and distributed to 883 online consumers in Mainland China. Partial least squares-structural equation modeling was employed to analyze the survey data. The results show that waiting for lower prices positively influences hesitation at checkout, and subsequently, impacts both OSCA and DBLR. Hesitation at checkout and OSCA play sequential mediating roles in the framework path. In addition, perceived transaction inconvenience strengthens the relationship between waiting for lower prices and hesitation at checkout. Overall, this study contributes to theory and serves as a guideline for e-retailers in reducing the OSCA rate. (shrink)

ABSTRACTThis article describes our experience using art and theatre to engage rural communities in western Cambodia to understand malaria and support malaria control and elimination. The project was a pilot science–arts initiative to supplement existing engagement activities conducted by local authorities. In 2016, the project was conducted in 20 villages, involved 300 community members and was attended by more than 8000 people. Key health messages were to use insecticide-treated bed-nets and repellents, febrile people should attend village malaria workers, and to (...) raise awareness about the risk of forest-acquired malaria. Building on the experience and lessons learnt in the year prior, the 2017 project which was conducted in 15 villages involved 600 community members and attracted more than 12,000 people. In addition to the malaria theme, upon discussion with local health authorities, secondary theme was added to the 2017 project. We learnt the following lessons from our experience in... (shrink)

It has been suggested that community advisory boards can play a role in minimising exploitation in international research. To get a better idea of what this requires and whether it might be achievable, the paper first describes core elements that we suggest must be in place for a CAB to reduce the potential for exploitation. The paper then examines a CAB established by the Shoklo Malaria Research Unit under conditions common in resource-poor settings – namely, where individuals join with a (...) very limited understanding of disease and medical research and where an existing organisational structure is not relied upon to serve as the CAB. Using the Tak Province Border Community Ethics Advisory Board as a case study, we assess the extent to which it might be able to take on a role minimising exploitation were it to decide to do so. We investigate whether, after two years in operation, T-CAB is capable of assessing clinical trials for exploitative features and addressing those found to have them. The findings show that, although T-CAB members have gained knowledge and developed capacities that are foundational for one-day taking on a role to reduce exploitation, their ability to critically evaluate studies for the presence of exploitative elements has not yet been strongly demonstrated. In light of this example, we argue that CABs may not be able to perform such a role for a number of years after initial formation, making it an unsuitable responsibility for many short-term CABs. (shrink)

Volume 20, Issue 8, August 2020, Page W14-W16.

How international research might contribute to justice in global health has not been substantively addressed by bioethics. This article describes how the provision of ancillary care can link international clinical research to the reduction of global health disparities. It identifies the ancillary care obligations supported by a theory of global justice, showing that Jennifer Ruger’s health capability paradigm requires the delivery of ancillary care to trial participants for a limited subset of conditions that cause severe morbidity and mortality. Empirical research (...) on the Shoklo Malaria Research Unit’s (SMRU) vivax malaria treatment trial was then undertaken to demonstrate whether and how these obligations might be upheld in a resource-poor setting. Our findings show that fulfilment of the ancillary care obligations is feasible where there is commitment from chief investigators and funders and is strongly facilitated by SMRU’s dual role as a research unit and medical non-governmental organization. (shrink)

Bioethicists have long debated the content of sponsors and researchers' obligations of justice in international clinical research. However, there has been little empirical investigation as to whether and how obligations of responsiveness, ancillary care, post-trial benefits and research capacity strengthening are upheld in low- and middle-income country settings. In this paper, the authors argue that research ethics guidelines need to be more informed by international research practice. Practical guidance on how to fulfil these obligations is needed if research groups and (...) other actors are to successfully translate them into practice because doing so is often a complicated, context-specific process. Case study research methods offer one avenue for collecting data to develop this guidance. The authors describe how such methods have been used in relation to the Shoklo Malaria Research Unit's vivax malaria treatment (VHX) trial (NCT01074905). Relying on the VHX trial example, the paper shows how information can be gathered from not only international clinical researchers but also trial participants, community advisory board members and research funder representatives in order to: (1) measure evidence of responsiveness, provision of ancillary care, access to post-trial benefits and research capacity strengthening in international clinical research; and (2) identify the contextual factors and roles and responsibilities that were instrumental in the fulfilment of these ethical obligations. Such empirical work is necessary to inform the articulation of obligations of justice in international research and to develop guidance on how to fulfil them in order to facilitate better adherence to guidelines' requirements. (shrink)