Prior to Citizen’s United, particular types of corporate spending for purposes of influencing US-election-outcomes were limited due to an inherent skepticism of corporate influence in American politics. It was presumed that where corporations accessed wealth and resources for purposes of electing candidates that best serve corporate interests, American politics would be corrupted—indeed: democracy that is bought and sold. In the US, the juridical is entirely systematized by the ethos of the legal profession: legalism. It is the way in which (...) the law is supposed to be reasoned upon, deliberated upon, and decided upon. Although the Majority in Citizens expressed its reversal of law that limits corporate influence in American politics in legalese—the terminology within the system of legalism, the conservative Majority took an opportunity to establish conservative ideology as law—an ideology that subscribes to the equivocation between corporations and individuals, and, corporate spending with protected free-speech. (shrink)

Citizens United v. Federal Election Commission is a 2010 US Supreme Court decision that fundamentally transformed federal election financing. As a result, we have seen a drastic increase in the amount of so-called soft money that wealthy individuals and corporations contribute to political campaigns. Following a brief overview of the case and the precedent that formed the basis for the ruling, this chapter concerns philosophical stakes of the decision and what precisely it says about the public today and (...) the role of philosophy within it. I argue that there are three basic issues here. First is the issue of corruption. Second is the question of propaganda and the potential dangers the Citizens United case might pose for a democratic polity. Finally, I examine the dangers this poses for a democratic polity. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political (...) activities of businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for (...) the 5-4 majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

The aim of this paper is to provide some insights for a normative theory of corporate political activities. Such a theory aims to provide theoretical tools to investigate the legitimacy of corporate political involvement and allows us to determine which political activities and relations with government regulators are appropriate or inappropriate, permissible or impermissible, obligatory or forbidden for corporations. After having explored what I call the “normative presumption of legitimacy” of CPAs, this paper identifies three different plausible strategies to criticize (...) and object to corporate political involvement: the “egalitarian” strategy, the “corporate citizenship” strategy, and the “market failures” strategy. It constitutes an attempt to develop the market failures approach to reflect on CPAs. My main claim is that within such an account, the idea that corporations have a license to operate considerably limits their right to engage in political activities. (shrink)

This paper challenges the conventional wisdom concerning the impact of the Citizens United v. FEC decision by examining the flow of corporate money into the 2012 election. The decision, which is consistent with most prior case law and was not a radical departure, promoted the use of super PACs and 501-c committees for political money that were not widely used by corporations, and the super PACs and c-4 committees were largely ineffective in the 2012 election. They also did (...) not produce a marked advantage for the Republican Party, especially in the presidential election. The Citizens United decision did, however, lead to other legal and regulatory developments in an effort to promote greater disclosure, though those developments have not been successful. Investors have been somewhat more successful in promoting limits on corporate political spending through shareholder proposals. Some state laws and upcoming court cases maylimit other restrictions on political contributions. (shrink)

This paper presents a country profile of the United States using data from the AsiaBarometer (2008) survey. I first examine how citizens see themselves, their government and big business. My findings show that Americans remain ambivalent toward politics, their government, and big business. Citizens overwhelmingly support democracy as a political system and are satisfied with a broad range of specific democratic rights, but, at the same time, they complain about the workings of their democratic system, policy output, (...) and many distrust government and big business. I then examine the role citizens play in politics, analyzing who participates and why. (shrink)

Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law (...) in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies. (shrink)

The language of “participant-driven research,” “crowdsourcing” and “citizen science” is increasingly being used to encourage the public to become involved in research ventures as both subjects and scientists. Originally, these labels were invoked by volunteer research efforts propelled by amateurs outside of traditional research institutions and aimed at appealing to those looking for more “democratic,” “patient-centric,” or “lay” alternatives to the professional science establishment. As mainstream translational biomedical research requires increasingly larger participant pools, however, corporate, academic and governmental research programs (...) are embracing this populist rhetoric to encourage wider public participation. We examine the ethical and social implications of this recruitment strategy. We begin by surveying examples of “citizen science” outside of biomedicine, as paradigmatic of the aspirations this democratizing rhetoric was originally meant to embody. Next, we discuss the ways these aspirations become articulated in the biomedical context, with a view to drawing out the multiple and potentially conflicting meanings of “public engagement” when citizens are also the subjects of the science. We then illustrate two uses of public engagement rhetoric to gain public support for national biomedical research efforts: its post-hoc use in the “care.data” project of the National Health Service in England, and its proactive uses in the “Precision Medicine Initiative” of the United States White House. These examples will serve as the basis for a normative analysis, discussing the potential ethical and social ramifications of this rhetoric. We pay particular attention to the implications of government strategies that cultivate the idea that members of the public have a civic duty to participate in government-sponsored research initiatives. We argue that such initiatives should draw from policy frameworks that support normative analysis of the role of citizenry. And, we conclude it is imperative to make visible and clear the full spectrum of meanings of “citizen science,” the contexts in which it is used, and its demands with respect to participation, engagement, and governance. (shrink)

The United Nations Global Compact has difficulties in attracting new voluntary members and inciting them to implement its ten principles. The present article analyzes this implementation deficit from the perspective of Lockean social contract theory and derives new strategies for reducing it. On this view, the UNGC presents itself as the attempt to realize a set of moral norms, typically enforced by an impartial minimal state, protecting its citizens from violations of their natural rights, negative externalities and discrimination (...) by bribed officials. It will only succeed in facilitating the realization of those norms on a strictly voluntary basis, if it manages to overcome the underlying n-person prisoner’s dilemma. This requires the existence of a critical mass k < N of conditionally moral firms, which are willing to observe the UNGC principles and to resist the temptation to free ride on their observance by others, if it does not disadvantage them in comparison to their situation in a state of universal non-observance. Four contracting problems can impede the conclusion of this Lockean social contract. The UNGC has a slim chance of overcoming its implementation deficit on a non-coercive basis by cultivating four institutional capabilities assisting conditionally moral firms in surmounting those four problems of voluntary norm compliance. (shrink)

The ratification of the United Nations Convention on the Rights of the Child (UNCRC) demands that those participating nations, adopt the aims of the convention as state responsibilities toward their child citizens. The central premise of the convention is clear: that it is the right of all children to develop to their full potential. The authors propose six basic interdependent developmental requirements if the child is to reach ‘full potential’. Without prioritising any one need, but instead concentrating on (...) the facilitation of complete care of the child, the paper aims to examine how the UNCRC may finally be realised. This is achieved by highlighting several key situations and associated factors, which contribute to deficient care. Whilst the factors leading to the creation of such situations are often culturally specific, the consequences for the child, and the implications for care providers (parents, aid agencies, and policy makers), are often very similar within and between continents. (shrink)

Codes of ethics were drafted by participants in the European and North American Congresses of DIYbio, a single global organization of informal biotechnology practitioners, in 2011. In general, the existence of a code of ethics amongst a community is itself significant. Codes of professional ethics are common in scientific and engineering fields, as well as in DIY communities. It is also significant, and highly unusual, that DIYbio has maintained two separate codes of ethics years after their drafting. While agreement was (...) reached within the congress for each geographic region, with considerable commonality between the two codes drafted, they are far from identical. There are differences in the ordering of items, the wording of common items, and the presence/absence of items. I will argue that these differences are meaningful, and consider them with respect to cultural variation, ethics, and societal implications. Finally, I recommend that the entire DIYbio organization unite under a single code of ethics, and that one of the existing drafts is superior to the other for this purpose. (shrink)

According to Agenda 21, the United Nation’s action plan for sustainable development, ‘Governments and private sector organisations should promote more positive attitudes towards sustainable consumption through education, public awareness programmes and other means’. But some could wonder whether the cultivation of frugal consumption habits in schools is compatible with basic liberal principles. This article argues that, in societies like ours, liberal egalitarian theories of justice should permit and even advocate teaching frugality in educational institutions. Liberal egalitarianism expects educational institutions (...) to equip children with the abilities and virtues needed to live well by their own judgment and in compliance with just institutions. The article examines how frugality could be one of these virtues. First, frugality is conducive to better compliance with our distributive obligations towards the current poor and future generations. Second, frugality enables prospective adults to live well with their fair share of scarce resources, and even with less. Third, frugality increases autonomy and facilitates its exercise. The article thus concludes that liberal egalitarian institutions should encourage schools to teach frugality. (shrink)

ABSTRACT The Universal Draft Declaration on Bioethics and Human Rights seeks to provide moral direction to nations and their citizens on a series of bioethical concerns. In articulating principles, it ranks respect for human rights, human dignity and fundamental freedoms ahead of respect for cultural diversity and pluralism. This ranking is controversial because it entails the rejection of the popular theory, conventionalist ethical relativism. If consistently defended, this theory also undercuts other United Nations activities that assume member states (...) and people around the world can reach trans‐cultural judgments having moral authority about health, pollution, aggression, rights, slavery, and so on. To illustrate problems with conventionalist ethical relativism and the importance of rejecting it for reasons of health, human rights, human dignity and fundamental freedoms, the widespread practice of female genital circumcision or cutting is discussed. These surgeries are virtually a test case for conventionalist ethical relativism since they are widely supported within these cultures as religious and health practices and widely condemned outside them, including by the United Nations. (shrink)

The imminent demise of the nation-state in the face of global capitalism and supra-national agencies like the United Nations has often been predicted, yet in practice the death of the state seems unimaginable: indeed terrorist activity and corporate collapse have made states, if anything, more assertive in recent years, and the condition of 'statelessness' is regarded as pitiable and grave in the extreme. This volume, first published in 2003, offers a coherent survey of perceptions of the state, its history, (...) its theoretical underpinnings, and its prospects in the contemporary world. The coverage of the Western European experience is thorough and wide-ranging, with the greatest post-colonial democratic state, India, as a comparative example. The provocative and accessible contributions of a very distinguished and genuinely pan-European team of contributors ensure that States and Citizens provides a unique and valuable resource, of interest to students and teachers of the history of ideas, political theory and European studies. (shrink)

In this paper we are primarily concerned with political expertise, interest, and agreement as factors that might accelerate the flow of information between citizens. We examine dyadic exchanges of information as a function of two primary sets of factors: the characteristics of the citizens in the dyadic relationship and the characteristics of the larger network within which the dyad is located. Moreover, we compare political communication within dyads across several different national contexts: Germany, Japan, and the United (...) States. We assume that citizens are more likely to obtain information from people they trust, but why do they trust some individuals more than others? Is the frequency of communication predicated on shared political preferences? Or is it based on one citizen's assessment regarding the political expertise of another? The answers to these questions have important implications for whether social communication and social capital create added value in the collective deliberations of democratic politics. (shrink)

In United States v. Hensley, a unanimous Court set forth the rule that, "if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion." By expanding the scope of the Terry doctrine, Hensley strengthened the power of law enforcement officials to "stop and frisk" individuals who they believe may pose a (...) threat to the themselves and/or the public. Prior to Hensley, the Court's decisions merely sanctioned Terry stops of individuals that law enforcement officers reasonably suspected were about to commit a crime, or were committing a crime at the time of the stop. Thus, by authorizing Terry stops based on an officer's reasonable suspicion that an individual was involved in an already-completed felony, Hensley extended the types of situations under which law enforcement officers may engage in Terry stops. While explicitly expanding the scope of Terry v. Ohio in the context of completed felonies, the Hensley decision left open one major issue-whether the balancing test set forth in Hensley applies to investigatory stops based on an officer's reasonable suspicion that an individual was involved in a completed misdemeanor. With no answer from the Court, lower federal and state courts have attempted to answer this question on their own; in doing so, they have diverged on the issue. Most recently, in United States v. Grigg, the Ninth Circuit expanded the scope of Hensley and applied its balancing approach to Terry stops for completed misdemeanors. This Note argues against the Ninth Circuit's approach and rather for a per se rule against Terry stops for completed misdemeanors. This Note proposes that, in light of the inherent differences between misdemeanors and felonies, Hensley's balancing test should not extend to completed misdemeanors. Furthermore, the use of Terry stops for completed misdemeanors does not further the government and public interest in crime prevention and solving past crimes to an extent great enough to outweigh the great intrusion on privacy rights that Terry stops cause. Additionally, a per se rule provides for efficiency and guidance to police enforcement on routine patrols. Under such an approach, it is easier for private citizens to comprehend and appreciate their rights and understand when those rights are being violated. (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature (...) classifies as low priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

The history of Christianity's relationship to government is long and complex. This book will attempt to bring order to the chaos by offering essays on how particular branches of the Christian tradition-Catholic, reformed, evangelical, etc.-view the institution of the modern state. The essays will not be limited geographically, but will rather look at each tradition as broadly as possible, from the institutionalized churches of Europe, to the independent Christian movements of Africa, to the vibrant religious marketplace of the United (...) States. (shrink)

Was the American War for Independence just? In July 1775, a full year before the Declaration of Independence, the colonists argued that they had the right to self-defense. They made this argument using language that accords with what we can broadly call classical just war thinking, based, inter alia, on their claim that their provincial authorities had a responsibility to defend the colonists from British violence. In the 1775 Declaration of the United Colonies, written two months after British troops (...) attacked colonial citizens, such arguments are made. This essay carefully looks at the historical context of the 1775 Declaration, the arguments made by the colonists, and the philosophical and theological underpinnings of those claims, and concludes that the colonists made a compelling argument commensurate with just war thinking. (shrink)

Consensus conferences, also known as citizens’ panels—a collection of lay citizens akin to a jury but charged with deliberating on policy issues with a high technical content—are a potentially important way to conduct technology assessments, inform policy makers about public views of new technologies, and improve public understanding of and participation in technological decision making. The first citizens’ panel in the United States occurred in April 1997 on the issue of “Telecommunications and the Future of Democracy.” (...) This article evaluates the impact of this citizens’ panel. The standard criteria to evaluate the impact of analyses focus on the “actual impact” and on the “impact on general thinking.” To these standard criteria, this article introduces the evaluation of two impacts related to learning: impact on the training of knowledgeable personnel and the interaction with lay knowledge. The impact evaluation is based on a nearly comprehensive set of semistructured telephone interviews with the participants in the panel. (shrink)

In recent years, some scholars and prominent political figures have advocated the deepening of North American integration on roughly the European Union model, including the creation of new political institutions and the free movement of workers across borders. The construction of such a North American Union, if it included even a very thin trans-state citizenship regime, could represent the most significant expansion of individual entitlements in the region since citizenship was extended to former slaves in the United States. With (...) such a possibility as its starting point, this article explores some striking parallels between the mass, legally prohibited movement across boundaries by fugitive slaves in the pre-Civil War period, and that by current unauthorized migrants to the United States. Both were, or are, met on their journeys by historically parallel groups of would-be helpers and hinderers. Their unauthorized movements in both periods serve as important signals of incomplete entitlements or institutional protections. Most crucially, moral arguments for extending fuller entitlements to both groups are shown here to be less distinct than may be prima facie evident, reinforcing the case for expanding and deepening the regional membership regime. (shrink)

The paper provides an introduction to the public discourse around the notion of smart healthy inclusive environments. First, the basic ideas are explained and related to citizen participation in the context of implementation of a “society for all ages” concept disseminated by the United Nations. Next, the text discusses selected initiatives of the European Commission in the field of intergenerational programming and policies as well as features of the COST Action NET4Age-Friendly: Smart Healthy Age-Friendly Environments. The following sections are (...) focused on studying and discussing examples of projects and methodologies that have been aimed at: empowering facilitators of smart healthy inclusive environments, empowering citizens to deal with health emergencies, and supporting older people’s voices. The conclusion covers selected recommendations for entities of public policy on ageing as well as potential directions for further research. (shrink)

The paper provides an introduction to the public discourse around the notion of smart healthy inclusive environments. First, the basic ideas are explained and related to citizen participation in the context of implementation of a "society for all ages" concept disseminated by the United Nations. Next, the text discusses selected initiatives of the European Commission in the field of intergenerational programming and policies as well as features of the COST Action NET4Age-Friendly: Smart Healthy Age-Friendly Environments (SHAFE). The following sections (...) are focused on studying and discussing examples of projects and methodologies that have been aimed at: empowering facilitators of smart healthy inclusive environments, empowering citizens to deal with health emergencies, and supporting older people's voices. The conclusion covers selected recommendations for entities of public policy on ageing (ageing policy) as well as potential directions for further research. (shrink)

In recent years, the flow of undocumented labor from the global South to richer nations has increased considerably. Many undocumented women workers find employment as caregivers for the dependent elderly, whose numbers are burgeoning in affluent countries. Here we present a profile of undocumented non-citizen caregivers in the United States and delineate some of the key injustices they suffer. After identifying the causal factors responsible for the flow of undocumented labor from the global South to richer nations like the (...) United States, we discuss the criteria that a theory of transnational justice must meet if it is to address the problem of justice for this population. We argue that Iris Young's "social connection" model of responsibility is a promising approach for helping to correct the injustices suffered by undocumented, non-citizen caregivers. (shrink)

This contribution compares entries on Friedrich Froebel and the kindergarten in German and United States’ histories of education from 1857 to 1933. In the American histories, Froebel appears as the great “hero” of education of the 19th century, whereas in the German histories, Pestalozzi is the “hero.” This difference in the perspectives goes back to fundamental differences in the political culture and political traditions of the two countries, which differed greatly as to the shaping of the public and private (...) spheres. Consequently, there were also different views on public education. In the immigration society of the United States, it was important to integrate children with various language and cultural backgrounds. As families could not do this alone, public kindergartens were needed. In Germany, in contrast, Froebel’s idea of the kindergarten was seen as an attack on family ties, and Pestalozzi was highly esteemed, because he made home education central. The American interest in “making citizens” produced Froebel as the hero; the German interest in leaving the education of young children to mothers and in the family lauded Pestalozzi. This case study of the reception of Froebel in Germany and the United States illustrates the high context-dependence of the construction of educational “heroes.”. (shrink)

Describing the U.S. health care system meansdescribing managed care under commercial forces. Managed care creates new moral tension forpractitioners, but more importantly, in its currentform it intensifies the commercialization of healthexpectations and interactions. The largely unregulatedmarketing of health services under managed care hasbeen a major factor in the increasing number ofuninsured citizens, while claims for cost reductionthrough managed care are equivocal. Risk-ratingpractices integral to the current medical marketplacethwart concerns for justice in allocation and createvulnerabilities for almost everyone. Thepolitical-moral concern (...) of the early 1990s for a rightto health care is nowhere in sight. (shrink)

What kind of Theory of Music and Theory of Metric was taught to the young Pindar or the young Sophocles? So far are we from an answer to this question that we do not even know how far extra study was necessary, or usual, for the professional poet as compared with the ordinary educated Greek citizen. The interdependence of music and metric in lyric poetry gave complexity to the word-rhythms but kept the study of music, the subordinate partner, theoretically simple. (...) Doubtless by the time the young poet had learnt by heart the words of past masters of lyric verse, sung or accompanied them on the lyre, and danced them in choir or κ⋯μος, he had absorbed by practice and somewhat rule-of-thumb methods of training a great deal of the τ⋯χενη which his calling would require. He would have to learn, in common with the χοροδιδ⋯σκαλος, how to read and write a simple score, and so he must know the symbols of pitch in such scales as were then in use. The notation of arsis and thesis may have been required too, and if we knew that this was so, and how he was taught to apply it, we might be in a much better position to assess the kind of theory he learnt. But of one thing we may be sure: genius apart, it was his practical training, as performer and spectator, rather than theoretical teaching which gave his ear its cunning and technical skill to compose new rhythms. (shrink)

What kind of Theory of Music and Theory of Metric was taught to the young Pindar or the young Sophocles? So far are we from an answer to this question that we do not even know how far extra study was necessary, or usual, for the professional poet as compared with the ordinary educated Greek citizen. The interdependence of music and metric in lyric poetry gave complexity to the word-rhythms but kept the study of music, the subordinate partner, theoretically simple. (...) Doubtless by the time the young poet had learnt by heart the words of past masters of lyric verse, sung or accompanied them on the lyre, and danced them in choir or κμος, he had absorbed by practice and somewhat rule-of-thumb methods of training a great deal of the τχενη which his calling would require. He would have to learn, in common with the χοροδιδσκαλος, how to read and write a simple score, and so he must know the symbols of pitch in such scales as were then in use. The notation of arsis and thesis may have been required too, and if we knew that this was so, and how he was taught to apply it, we might be in a much better position to assess the kind of theory he learnt. But of one thing we may be sure: genius apart, it was his practical training, as performer and spectator, rather than theoretical teaching which gave his ear its cunning and technical skill to compose new rhythms. (shrink)

Human embryos produced in labs since the 1970s have generated layers of uncertainty for law and policy: ontological, moral, and administrative. Ontologically, these lab-made entities fall into a gray zone between life and not-yet-life. Should in vitro embryos be treated as inanimate matter, like abandoned postsurgical tissue, or as private property? Morally, should they exist largely outside of state control in the zone of free reproductive choice or should they be regarded as autonomous human lives and thus entitled to constitutional (...) protection like full-fledged citizens? Administratively, if they deserve protection, what institutional and policy mechanisms are best suited to carrying out the necessary oversight? Using a method termed comparative problematization, this article traces divergent answers to these questions produced in three countries—the United States, United Kingdom, and Germany—across the last twenty-five years. Comparison reveals distinct bioconstitutional foundations that give rise to systematically different understandings of each state’s responsibilities toward human life and hence its particular treatment of claims on behalf of embryonic lives. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th century England, and proceed (...) through the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

This is a Political Economy study on migrants-citizens relations management in the United States of America, with special attention to the religious factor and the pendulum effect. There is a model switch, from integration policies to official persecution, under a high social opportunity cost. Also, there is a split between the State and civil society, causing civil disobedience and sanctuary network across the country. The paper focuses on the development of the Sanctuary Movement, as a case of popular (...) action against to the power elite policies and their sanctions. There was a revival of this movement during the values crisis or 2008 recession, but at the same time there was a critical division into the movement, with higher tension for the migrants. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

The central question of this dissertation is how to expand popular participation in politics in a society that has been historically marked by racial discrimination. Challenging the common assumption that racial discrimination contradicts American democratic ideals, it argues that democracy and racism are actually intimately connected in American history. This connection is sealed through citizenship. American citizenship is valuable not only for the rights it grants but the standing it confers. Given the dialectical relationship between citizenship and slavery in the (...) United States, such standing is racialized. White citizenship, then, is a position of racial standing in a democratic polity. It is simultaneously a category of equality and privilege: equal to all citizens, superior to everyone else. The democratic problem of the white citizen is that the tension between the desire for equality and the desire to maintain one's racial status results in a narrow political imagination that exhibits little incentive to expand democratic participation because it construes citizenship as an identity to possess rather than a power to employ. This problem continues even after the civil rights movement, as whiteness becomes less a form of standing and more a norm that sediments accrued white advantages into the ordinary operations of society. The expansion of democratic participation, then, implies subverting the connection between racial standing and citizenship. Since whiteness is not a biological or cultural category but a form of power, this amounts to the abolition of the white citizen as a social category, much like capitalism abolished the aristocracy and the Civil War abolished the slaveholders. Just as these events paved the way for new political regimes such as representative democracy and Radical Reconstruction, abolishing the white citizen through policies and programs that eradicate whites' social, political, and economic advantages paves the way for new democratic possibilities and new forms of self-identity. An "abolitionist-democratic" politics, the dissertation concludes, holds greater potential for expanding democratic participation than colorblindness or multiculturalism. (shrink)

The ideal of the United Nations was first put forward by Immanuel Kant in his 1795 essay Perpetual Peace. Kant, in the tradition of Locke and Rousseau is a liberal who believes that relations between individuals can either be based upon law and consent or upon force and violence. One way that such the ideal of world peace could be achieved would be through the creation of a single world state, of which every human being was a citizen. Such (...) an ideal was advocated by a number of eighteenth century liberals. Kant, however, rejects this ideal and instead argues that the universal rule of law can be achieved through the establishment a federation of independent states. I examine the relevance of Kant’s arguments today, focusing on two questions: Firstly, as advocates of the rule of law, why advocate a federation of independent nations rather than a single world state. Secondly, is this ideal realizable? Is Kant right to think that republics are natural and are likely to live peacefully with one another? Kant’s arguments on this issue have been taken up again in recent decades by defenders of the theory of the “democratic peace”, the theory that democracies are more likely to live at peace with one another. (shrink)

In his 1916 preface to Democracy and Education, John Dewey comments that the main goal of his book was “to detect and state the ideas implied in a democratic society and to apply these ideas to the problems and enterprise of education. The discussion includes an indication of the constructive aims and methods of public education as seen from this point of view.”1 More than 100 years later, Sarah M. Stitzlein confirms Dewey’s ideas and expands his scholarship to defend the (...) political legitimacy of public education in the United States. She argues that public schools should enable children to become good citizens who engage in the pursuit of individual happiness, while fighting for social justice. Stitzlein contends... (shrink)

Agriculture is a major cause of non-point source water pollution in the Midwest. Excessive nitrate, phosphorous, and sediment levels degrade the Mississippi River and Gulf of Mexico. In this research we ask, to what extent can citizen involvement help solve the problem of non-point source pollution. Does connecting farmers to farmers and to other community members make a difference in moving beyond the status quo? To answer these questions we examine the satisfaction level of Iowa farmers and landowners with their (...) current conservation measures as a proxy for willingness to change. A survey of 360 conservation minded farmers obtained from a random sample of 75 HUC (Hydrologic Unit Code) 12 Iowa watersheds reveals that 27% of the variance among farmers’ perception of adequacy of their conservation practices is explained by a combination of beliefs about the seriousness of water pollution, personal, civic, and expert connections. The more farmers talk with other farmers the more likely they are satisfied with their conservation efforts. However, the more frequently farmers talk to friends and neighbors that don’t farm, the more likely they are to not be satisfied with their conservation efforts. Further, the more social organizations farmers belong to—e.g., more non-farmers they interact with in a group setting—the more likely they are to be dissatisfied with their level of effort being adequate to protect local water bodies. These findings suggest the personal and civic connections among farmers and communities are important in explaining perceptions of how adequate conservation measures are. These perceptions have implications for farmers’ willingness to go beyond current actions and more actively engage in solving local watershed problems and explain why they may not currently be engaged in additional actions. (shrink)

This essay explores some of the elements by which Muslim women who wear the hijab in the United States are managed so as to produce and distinguish "unruly" from "good" Muslim female citizens within the context of American liberation. Unlike the French state, which has regulated both the hijab and niqab through national legislation, the American liberal framework utilizes a laissez-faire approach, which relies on a range of public and private institutions to determine acceptable public presentations of the (...) liberal female subject. I refer to this form of management as "neoliberalism." Neoliberalism management works in conjunction with popular political discourses and domestic events in ways that alternately contract and expand the boundaries that allow "suitable Muslim women" in the public sphere. (shrink)

The coronavirus COVID-19 pandemic is an unprecedented health crisis. Many governments around the world have responded by implementing lockdown measures of various degrees of intensity. To be effective, these measures must rely on citizens’ cooperation. In the present study, we drew samples from the United States (N= 597), Italy (N= 606), and South Korea (N= 693) and examined predictors of compliance with social distancing and intentions to report the infection to both authorities and acquaintances. Data were collected between (...) April 6th and 8th 2020. We investigated the role of cultural orientations of horizontal and vertical individualism and collectivism, self-conscious emotions of shame and guilt related to the infection and trust in the government’s action. Across all countries, vertical collectivism (VC) predicted stronger shame, whereas horizontal collectivism predicted stronger trust in the government. Only in the United States, VC was associated with stronger trust. Stronger feelings of shame predicted lower compliance and intentions to report the infection to both authorities and acquaintances. In contrast, guilt was associated with stronger intentions to report the infection to the authorities. Finally, trust was associated with stronger compliance and intentions to report the infection to the authorities. Unlike Italy and South Korea, the association between trust on compliance was not statistically significant in the United States, implications of the findings, and directions for future research are discussed. (shrink)