Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses (...) on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

Peter Singer argues that when some fail to do their part in alleviating suffering, the rest of us must take up their slack. In response, L. J. Cohen, Liam Murphy, and David Miller argue that such a requirement would be unfair. No one, they contend, should be required to contribute more than she would be required to under full compliance. I argue against Cohen, Murphy, and Miller that we are obligated to take up slack left by noncontributors, but agree (...) that we are thereby treated unfairly. Drawing on the literatures on group causation and moral responsibility, I argue that noncontributors wrong those they fail to help and those who take up their slack. I refer to the latter kind of wrong as “burden dumping.” Furthermore, I argue that my account applies whether we conceive of rescue duties as discretionary or nondiscretionary. One might think that if my duties to rescue do not require me to contribute to any particular rescue effort, I do not dump burdens on anyone when I do nothing. In reply, I argue that when I have a nondiscretionary duty to contribute to a particular rescue effort, I unfairly dump burdens on those contributing to that effort when I fail to do my part. Similarly, when my duty to rescue is discretionary and I do nothing, I unfairly dump burdens on everyone whose rescue efforts I might have contributed to. Using this apparatus, we can account for the force of arguments such as Singer’s as well as the idea that those who dump burdens are blameworthy for treating other rescuers unfairly. (shrink)

Electronic institutional review board systems (eIRBs) have become an integral component in ensuring compliance with Human Research Protection Program (HRPP) and IRB requirements. Despite this, few of these systems are configured to administer the single IRB (sIRB) process mandated by the National Institutes of Health (NIH) for multisite research. We interviewed 103 sIRB administrators, chairs, members, and staff members about their experiences with sIRB multisite research review. We observed three main obstacles to adapting existing eIRB systems to accommodate the (...) sIRB process: (1) Existing systems are not designed for sIRBs and are not configured to administer sIRB responsibilities, (2) they are not interoperable, and (3) resources to improve existing systems are lacking. Our findings suggest that IRBs that act as an sIRB will need major changes to their electronic systems in order to accommodate sIRB processes. These difficulties threaten both the ability of IRBs to focus on ethical rather than bureaucratic problems and the efficiency of multisite trials. (shrink)

The paper examines obligations towards bearers of the right to asylum in circumstances of partial compliance. Who should bear the burdens when a state responsible for assisting bearers of the right to asylum fails to comply with the requirements of justice and unjustly defaults on its responsibilities? Are the complying states obligated to ‘take up the slack’ and assist the bearers of the right to asylum, or are they obligated to bear only their ‘fair share’ of burdens (...) in the global protection of the right to asylum. The paper argues that the complying states with the capacity to assist can have an obligation of justice to assist bearers of the right to asylum when other states unjustly default on their responsibilities. (shrink)

Critically examining popular ESL textbooks, this accessible and engaging book uncovers gender and ethnic representations that impact young English language learners in US public schools and provides equitable, egalitarian alternatives.

The German invasion of the Soviet Union in June of 1941 has long been attributed to errors by Joseph Stalin, yet a revisionist position known as the Icebreaker hypothesis has also emerged alleging that Stalin is not to blame. This essay examines why the Icebreaker theory is erroneous based on its lack of concrete facts. The reasons why Operation Barbarossa was so effective are also examined, leading to the conclusion that Stalin should still shoulder most of the blame for Soviet (...) disorganization prior to the invasion. (shrink)

We present a one per cent measurement of the cosmic distance scale from the detections of the baryon acoustic oscillations in the clustering of galaxies from the Baryon Oscillation Spectroscopic Survey, which is part of the Sloan Digital Sky Survey III. Our results come from the Data Release 11 sample, containing nearly one million galaxies and covering approximately 8500 square degrees and the redshift range 0.2 < z < 0.7. We also compare these results with those from the publicly released (...) DR9 and DR10 samples. Assuming a concordance Λ cold dark matter cosmological model, the DR11 sample covers a volume of 13 Gpc3 and is the largest region of the Universe ever surveyed at this density. We measure the correlation function and power spectrum, including density-field reconstruction of the BAO feature. The acoustic features are detected at a significance of over 7σ in both the correlation function and power spectrum. Fitting for the position of the acoustic features measures the distance relative to the sound horizon at the drag epoch, rd, which has a value of rd,fid = 149.28 Mpc in our fiducial cosmology. We find DV = at z = 0.32 and DV = at z = 0.57. At 1.0 per cent, this latter measure is the most precise distance constraint ever obtained from a galaxy survey. Separating the clustering along and transverse to the line of sight yields measurements at z = 0.57 of DA = and H =. Our measurements of the distance scale are in good agreement with previous BAO measurements and with the predictions from cosmic microwave background data for a spatially flat CDM model with a cosmological constant. © 2014 The Author Published by Oxford University Press on behalf of the Royal Astronomical Society. (shrink)

This paper tries to clarify, strengthen and respond to two prominent objections to the development and use of human enhancement technologies. Both objections express concerns about the link between enhancement and the drive for hyperagency. The first derives from the work of Sandel and Hauskeller—and is concerned with the negative impact of hyperagency on social solidarity. In responding to their objection, I argue that although social solidarity is valuable, there is a danger in overestimating its value and in neglecting some (...) obvious ways in which the enhancement project can be planned so as to avoid its degradation. The second objection, though common to several writers, has been most directly asserted by Saskia Nagel, and is concerned with the impact of hyperagency on the burden and distribution of responsibility. Though this is an intriguing objection, I argue that not enough has been done to explain why this is morally problematic. I try to correct for this flaw before offering a variety of strategies for dealing with the problems raised. (shrink)

Anatole France’s The Red Lily is best known for this ironic aphorism: ‘The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.’ The laws mentioned in this aphorism are open to two criticisms. The first criticism is that they forbid conduct that oughtn’t to be forbidden. The second criticism is that they unfairly place greater burdens of compliance on some than on (...) others. It may be onerous for the poor to comply with the law against, say, sleeping under bridges; not so for the rich. It is this second criticism that I read France as expressing, and it is the reach of this criticism that I explore in this essay. Specifically, I want to ask whether the second criticism may apply to a law even if the first criticism does not – whether there can be laws that are good in the sense that they forbid behavior that genuinely ought to be forbidden, but that are nonetheless unfair in the distribution of compliance burdens they yield. Some examples may tempt us to say ‘no.’ It may be more burdensome for thrill-seekers than for the rest of us to comply with laws against speeding, but that does not make speeding laws unfair. But I argue that the answer is ‘yes.’ Good laws can, and surprisingly often do, yield unfair distributions of compliance burdens. I conclude the essay by showing how remedies for this sort of unfairness might work. (shrink)

The current system of ethical oversight in the United States is based on Institutional Review Board (IRB) review. The system was established in response to well-known and egregious mistreatment of subjects in both biomedical and social and behavioral research. In the decades since the research regulations were enacted, reaction to the burden of IRB oversight has led the system to focus on compliance and limit its active oversight disproportionately to studies that could present the risk of physical harm. At (...) the same time, the characteristics of the research enterprise have changed and methodologies now present novel risks that were not envisioned in the regulations. We convened a group of IRB professionals, academic leaders, and others to discuss limitations of the current system, how that system could be changed to recognize evolving risks and an increasing focus on participant and community voice, and how it could better serve the needs of researchers and support the societal project of science as a public good. Recommendations included a call to reexamine the academic incentive structure, to develop a system to support consideration of ethical principles from the time of study design, and to explicitly provide different ethical support and oversight for high-risk interventional trials and lower risk biomedical and social behavioral research. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range (...) of epistemological difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

Risks and burdens in the study participation, as well as an adequate risk-benefit balance, are key concepts for the evaluation of clinical studies by research ethics committees. An adequate assessment and continuous monitoring to ensure compliance of risks and burdens in clinical trials have long been described as a central task in research ethics. However, there is currently no uniform and solid theoretical approach to risk assessment by RECs. Regulatory standards of research ethics such as the Declaration (...) of Helsinki provide only minimal guidance on how risk decisions are considered. Due to discrepancies in the existing literature and guidance documents, adequate risk assessment by RECs remains to be elusive. In this article, we address current definitions of risk and present our own concept of aggregate risk definition. Moreover, we highlight the concept of benefit, the standard of reasonableness with respect to ethics literature and different approaches of risk-benefit assessment. In order to present a comprehensive theoretical approach of risk assessment by RECs, further understanding of the definitions of risk may improve adequate decision-making tasks by RECs. To improve the process of risk assessment by RECs, a dynamic framework will be illustrated, showing step-by-step risk assessment functions. This approach may be a promising tool to ensure adequacy in risk assessment by RECs. (shrink)

Abstract -/- The Crisis and Disaster Management process (CDMP) is composed of several clearly defined phases. Strategic risk assessment; preparation and planning, effective response and recovery, and post-crisis evaluation. It is essential for those facing such threats to understand, appreciate, and implement the appropriate responses for each phase. Public service organizations, or PSOs, are increasingly charged with additional duties and responsibilities that historically were not part of their original purview. PSOs are currently forced to operate within an environment of increasing (...) political unrest and social chaos. Events of international magnitude now impact the domestic environment. These organizations must deal with negative media, hostile public backlash, increased scrutiny, and calls for greater accountability. Service organizations are currently faced with increasing political and social chaos, with widespread civil unrest, domestic and international threats of terrorism, human trafficking and illegal migration, public health emergencies, natural disasters, and diverse climate-related challenges. These conditions have fostered additional layers of responsibility to already overburdened first responders and their civil support partners. The consequences are significant. These previously mentioned burdens are further compounded by budgetary constraints, greater regulatory compliance, and organizational accountability. In other words, agencies and departments are expected to do more with less, much more with much less. -/- DOI: 10.5772/intechopen.108408. (shrink)

Improving corporate governance, business sustainability, and accountability for business organizations appears to be a global trend. Society is holding public companies responsible and accountable for their business activities and their financial reporting process. The public, regulators, accounting profession, and academic community are also taking a closer look at colleges and universities to find ways to hold these institutions more accountable for achieving their mission of providing higher education with relevant curriculum. Three areas that have recently received long-awaited attention are business (...) sustainability, professional ethics, and corporate governance. Business schools play an important and everlasting role in preparing the next generation of business leaders who possess life-long education and training of acting with integrity and upholding the highest level of ethical conduct and the heavy burden of public trust. These next generations of business leaders must understand the importance of ethical conduct, business sustainability and corporate governance corporations to our society and the complexity of financial reporting. Thus, business curriculum must reflect promotion of ethical behavior, professional accountability, and personal integrity taught to business students. Corporate governance, business sustainability, ethics including accountability, integrity, and transparency must be integrated throughout the business curriculum. The book is organized into three modules. Module I presents business sustainability, its importance, five dimensions of business sustainability performance including economic, governance, social, ethics and environmental (EGSEE), sustainability reporting and assurance and sustainability research and education. Module II provides the emergence of corporate governance, a framework for discussion of important functions of corporate governance including oversight, managerial, compliance, advisory, auditing, and monitoring as well as and integrating corporate governance into accounting research and business curricula. Module III discusses the importance of business and professional ethics, workplace ethics and trends in ethics research and education. (shrink)

While organizations today make extensive use of complex algorithms, the notion of algorithmic accountability remains an elusive ideal due to the opacity and fluidity of algorithms. In this article, we develop a framework for managing algorithmic accountability that highlights three interrelated dimensions: reputational concerns, engagement strategies, and discourse principles. The framework clarifies that accountability processes for algorithms are driven by reputational concerns about the epistemic setup, opacity, and outcomes of algorithms; that the way in which organizations practically engage with emergent (...) expectations about algorithms may be manipulative, adaptive, or moral; and that when accountability relationships are heavily burdened by the opacity and fluidity of complex algorithmic systems, the emphasis of engagement should shift to a rational communication process through which a continuous and tentative assessment of the development, workings, and consequences of algorithms can be achieved over time. The degree to which such engagement is, in fact, rational can be assessed based on four discourse-ethical principles of participation, comprehension, multivocality, and responsiveness. We conclude that the framework may help organizations and their environments to jointly work toward greater accountability for complex algorithms. It may further help organizations in reputational positioning surrounding accountability issues. The discourse-ethical principles introduced in this article are meant to elevate these positioning contests to extend beyond mere adaption or compliance and help guide organizations to find moral and forward-looking solutions to accountability issues. (shrink)

This paper examines what agents should do when others fail to comply with their responsibilities to prevent dangerous climate change. It distinguishes between six different possible responses to noncompliance. These include what I term (1) 'target modification' (watering down the extent to which we seek to prevent climate change), (2) ‘responsibility reallocation’ (reassigning responsibilities to other duty bearers), (3) ‘burden shifting I’ (allowing duty bearers to implement policies which impose unjust burdens on others, (4) 'burden shifting II’ (allowing some (...) to protect peoples rights in ways which impose otherwise unjustified burdens on the duty bearers, (5) 'compromising moral ideals' (permitting agents to compromise non-justice ideals that they are otherwise bound by); and (6) ‘promoting compliance (implementing policies and creating institutions which reduce noncompliance). It concludes by outlining a methodological framework for evaluating these options, and by setting out my tentative and provisional evaluation of which responses are the least bad. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional (...) duty to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

Ethical problems in business include not only genuine moral dilemmas and compliance problems but also problems arising from the distinctive characteristics of imperfect duties. Collective action by business to perfect imperfect duties can yield significant benefits. Sucharrrangements can (1) reduce temptations to moral laxity, (2) achieve greater efficiency by eliminating redundancies and gaps that plague uncoordinated individual efforts, (3) reap economies of scale and achieve success where benefits can be provided only if a certain threshold of resources can be (...) brought to bear on a social problem; (4) solve assurance problems where voluntary compliance by some parties depends upon their perception that competitors are doing their fair share, and (5) produce higher levels of contribution than would occur through independent action in response to imperfect duties, stimulated by the perception that there is a fair distribution of burdens of contribution among all parties involved. (shrink)

Climate change confronts humanity with a challenge it has never faced before. It combines issues of global justice and intergenerational justice on an unprecedented scale. In particular, it stands to adversely affect the global poor. So far, the global community has failed to reduce emissions to levels that are necessary to avoid unacceptable risks for the future. Nor are the burdens of emission reductions and of coping with climate impacts fairly shared. The shortcomings of both political and individual climate (...) action thus seem like a paradigmatic case for non-ideal theory. Non-ideal theory can be understood as a form of political theorising that compares different responses to (i) failures of agents to comply with the demands of justice and (ii) unfavourable circumstances. Insofar as non-ideal theory also aims to be action-guiding, it asks normative theorists for a more thorough engagement with the empirical context so as to arrive at practical recommendations for the ‘here and now’. This volume examines the normative issues that become relevant when the non-ideal circumstances of the climate context are fully taken into account. It is comprised of three parts: The first collects chapters that reflect on general issues in responding to the shortcomings of current climate action. Chapters in the second part propose more specific practical reforms. The third part examines how moral values ought to be brought into the scientific, political, and public debates under the non-ideal circumstances of this world. (shrink)

The recent wave of medical assistance in dying legalisation raises questions about proper oversight of the practice as new systems for data collection, case assessment and public reporting emerge. Newer systems, such as in Spain, New Zealand and Colombia, are eschewing the retrospective approach used for case assessment in older systems, particularly those in the Netherlands, Belgium and the USA, in favour of an approach requiring more extensive review prior to the procedure. This shift aims to increase compliance with (...) each jurisdiction’s specific safeguards and legal criteria as well as to protect vulnerable patients, but also risks stifling access to the practice and increasing administrative burden on clinicians and patients. Newer systems also tend to favour more extensive data collection than older systems, while failing to be as transparent with public reporting. Inconsistency in data collection and public reporting make it difficult for researchers, policymakers and the public to assess the practice and help achieve a balance between access and compliance. Research on oversight activities is sparse, and there is a need for clarity to determine how best to handle violations of the law and how to create best practices. (shrink)

For nearly twenty-five years, federal regulation of privacy issues in research involving human subjects was the primary province of the federal rule for Protection of Human Subjects. As of April 14, 2003, the compliance date for the Privacy Rule of the Health Insurance Portability and Accountability Act, however, the Common Rule and the Privacy Rule jointly regulate research privacy. Although, in theory, the Privacy Rule is intended to complement the Common Rule, there are several areas in which the rules (...) diverge. In some instances the inconsistencies result in gaps in privacy protection; in other instances the inconsistencies result in added burdens on researchers without additional privacy protections. In all instances, the lack of harmonization of these rules has created confusion, frustration, and misunderstanding by researchers, research subjects, and institutional review boards. In this article, I review the major provisions of the Privacy Rule for research, explain the areas in which the Privacy Rule and Common Rule differ, and conclude that the two rules should be revised to promote consistency and maximize privacy protections while minimizing the burdens on research. (shrink)

The U.S. oversight system for genetically engineered organisms was evaluated to develop hypotheses and derive lessons for oversight of other emerging technologies, such as nanotechnology. Evaluation was based upon quantitative expert elicitation, semi-standardized interviews, and historical literature analysis. Through an interdisciplinary policy analysis approach, blending legal, ethical, risk analysis, and policy sciences viewpoints, criteria were used to identify strengths and weaknesses of GEOs oversight and explore correlations among its attributes and outcomes. From the three sources of data, hypotheses and broader (...) conclusions for oversight were developed. Our analysis suggests several lessons for oversight of emerging technologies: the importance of reducing complexity and uncertainty in oversight for minimizing financial burdens on small product developers; consolidating multi-agency jurisdictions to avoid gaps and redundancies in safety reviews; consumer benefits for advancing acceptance of GEO products; rigorous and independent pre- and post-market assessment for environmental safety; early public input and transparency for ensuring public confidence; and the positive role of public input in system development, informed consent, capacity, compliance, incentives, and data requirements and stringency in promoting health and environmental safety outcomes, as well as the equitable distribution of health impacts. Our integrated approach is instructive for more comprehensive analyses of oversight systems, developing hypotheses for how features of oversight systems affect outcomes, and formulating policy options for oversight of future technological products, especially nanotechnology products. (shrink)

For nearly twenty-five years, federal regulation of privacy issues in research involving human subjects was the primary province of the federal rule for Protection of Human Subjects. As of April 14, 2003, the compliance date for the Privacy Rule of the Health Insurance Portability and Accountability Act, however, the Common Rule and the Privacy Rule jointly regulate research privacy. Although, in theory, the Privacy Rule is intended to complement the Common Rule, there are several areas in which the rules (...) diverge. In some instances the inconsistencies result in gaps in privacy protection; in other instances the inconsistencies result in added burdens on researchers without additional privacy protections. In all instances, the lack of harmonization of these rules has created confusion, frustration, and misunderstanding by researchers, research subjects, and institutional review boards. In this article, I review the major provisions of the Privacy Rule for research, explain the areas in which the Privacy Rule and Common Rule differ, and conclude that the two rules should be revised to promote consistency and maximize privacy protections while minimizing the burdens on research. (shrink)

Large mining projects can generate highly inequitable outcomes, with affected communities bearing the burden of social and environmental costs while economic benefits accrue largely to domestic and foreign metropolitan centres. This raises important ethical and social justice issues, as does the finite nature of mineral resources, which can mean that current generations enjoy the benefits of mining while future generations bear the costs of environmental and social impacts that can continue long after mining ends. During recent decades two broad approaches, (...) voluntary industry initiatives and government regulation, have been employed in attempts to achieve a more equitable distribution of mining’s positive and negative effects. Both have serious drawbacks. Industry initiatives are ultimately voluntary and may be abandoned in tough economic times; they can be highly variable across companies and projects; and they suffer from serious compliance issues. Public regulation can be inflexible, is subject to industry capture, and in many major mineral producing nations a ‘retreat from regulation’ is reducing its relevance. This article considers whether, and under what conditions, a third and emergent instrument, community development agreements, can help overcome the shortcomings associated with industry initiatives and public regulation. It argues that CDAs have considerable potential in this regard, but that communities can encounter significant practical challenges in their negotiation and implementation. In addition, disparities in negotiation power between communities and project developers can result in inequitable agreements, indicating a continued need for government involvement to create a more level ‘negotiation terrain’. (shrink)

How should we assess the burden of moral demands? A predominant assessment is provided by what Murphy calls the baseline of factual status-quo (FSQ): A moral theory is demanding if the level of agents’ well-being is reduced from the time they begin to comply perfectly with the theory. The aims of my paper are threefold. I will first discuss the limits of the FSQ baseline. Second, I suggest a different assessment, which examines moral demands from a whole-life perspective. My view (...) is that even if agents’ compliance with a moral theory will not cause a substantial reduction to their existing level of well-being, the total quality of life that they may obtain from complying with this theory may still be lower than what they could have obtained by following some other moral theories. The third aim of this paper is that, through this investigation, I hope to explicate the relation between agents’ acceptance of a moral theory and the burden of demands that is created by it. I believe that we can achieve a more comprehensive understanding of the nature of moral demands by paying attention to the psychological development of agents as they accept and internalize a moral theory. (shrink)

Relatively subtle forms of exploitation of human subjects may arise from the inefficiency or incompetence of a researcher, from the existence of a power imbalance between principal and subject, or from the uneven distribution of research risks among various segments of the population. A powerful and knowledgeable person (or institution) may perpetrate the exploitation of an unempowered and ignorant individual even without intending to. There is an ethical burden on the former to protect the interests of the vulnerable. Excessive or (...) insufficient compensation may be exploitative. However, genuine economic imperatives motivating needy volunteers have to be considered. These forms of exploitation should be appreciated in the context of social and cultural factors suggesting that the relationship between researcher and subject cannot properly be appraised as a contractual undertaking. While compliance with pertinent codes and regulations minimises the exploitative potential, they cannot be enforced in a way that does not recognise a society's peculiar characteristics. The experience with some Filipino cultural traits illustrates this point. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Insightlessness, the Deflationary TurnJennifer Radden (bio)Keywordsinsightlessness, deflationary turn, Harry Stack Sullivan, open placebos, space of reasonsMarga Reimer argues that treatment compliance in patients who are without any, or complete, insight into psychotic symptoms may be neither particularly abnormal nor entirely unreasonable. In broad sympathy with these conclusions, I wish only to add a couple of ancillary observations and some historical context.Reimer's discussion can be placed alongside other research (...) on aspects of psychosis putting forward what have been called "deflationary" accounts, accounts that depict psychotic symptoms as differing from normal states, traits, and responses in degree rather than kind. Such accounts have been offered about auditory hallucinations or "hearing voices" (Leudar and Thomas 2000; Romme and Escher 1989; Smith 2007), about delusional thinking (Bentall 2003; Bentall et al. 1989; Bracken and Thomas 2005; Hamilton 2007; Kinderman and Bentall 2007), and spiritual experiences (Jackson 1997; Jackson and Fulford 1997); in the introduction of the notion of "benign psychosis" (Jackson 2007), and even in recognition that insight is a complex, dimensional attribute (Amador and David 1998). Harkening back to the middle years of the twentieth century, and associated with Adolph Meyer's influence in the United States, as well as the influence of psychodynamic (and psychoanalytic) ideas, this deflationary turn challenges the neo-Kraepelinian presuppositions of our contemporary biomedical psychiatry. Rather than sharply separating psychotic states and symptoms from normal experience, the deflationary approach emphasizes the continuities and similarities linking them.Reimer proceeds in two separate steps. To the extent that treatment compliance among patients suffering psychotic states occurs in the absence of any or full insight, it is shown, this seems not dissimilar from other more ordinary cases where treatment compliant behavior occurs either without—or without regard for—a recognition that one is ill. (The term insightlessness is here used to indicate the absence of full and complete insight. This recognizes the dimensional and complex nature of insight, which has been shown to involve a range of beliefs over one's disorder, those about its presence, about the need for treatment, and about the social consequences of suffering it.)Had her discussion stopped here, Reimer would have completed the first "deflationary" step. By showing that this sort of insightless treatment compliance also occurs in the absence of mental disorder, she encourages us to see psychotic patients' lack of insight into their disorder as at least akin to more benign and commonplace responses. In doing so, she would have shifted something of the burden of proof within discussions of insight. Those insisting insightlessness is an irresoluble obstacle to positive treatment outcomes would [End Page 81] now be required to explain why this should be so. And those denying the analogy between the insightless compliance of the psychotic patient and more everyday cases such as those Reimer describes, might be called upon to show why these cases were disanalogous.Reimer does not leave matters there. She goes on to establish that none of the instances of insightless treatment compliance that she discusses can be judged to be entirely unreasonable. Treatment compliance without full insight is not only quite normal, it may not even be particularly irrational. As she explains, the patients in each case anticipate benefits from the treatment, even though such benefits are not understood in terms suggestive of pathology. Unfailingly, they conform to a general human tendency: [T]o act in accordance with what we perceive, rightly or wrongly, to be in our best interests.Reimer locates the error in more traditional thinking about lack of insight at the immodest assumption that there is but a single way to accurately characterize the patient's condition—medically. This view, which she attributes to contemporary psychiatry, she finds mistaken—and mistaken, I agree it is. Rather than one, there seem likely to be several accurate ways to frame things. And although the medical framing will best fit the interests and purposes of clinicians, other framings may better suit the interests of their patients.When the possibility of alternative, non-medical perspectives is granted, and our goal is to assess insightless compliance vis à vis rationality norms, a number of considerations gain salience. The insightless patient, Reimer shows, may... (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

Fines and monetary damages account for the majority of legal sanctions across the whole spectrum of legal governance. Money is, in key respects, the primary tool law has to achieve compliance. Yet money has largely been ignored by social analyses of law, and especially by social theory. _The Currency of Justice_ examines the differing rationalities, aims and assumptions built into money’s deployment in diverse legal fields and sanctions. This raises major questions about the extent to which money appears as (...) an abstract universal or whether it takes on more particular meanings when deployed in various areas of law. Indeed, money may be unique in that it can take on the meanings of punishment, compensation, denunciation or regulation. _The Currency of Justice_ examines the implications of the ‘monetization of justice’ as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these. (shrink)

This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks how the distribution of benefits and burdens of a cooperative scheme affects people’s fair-play obligations to that scheme. It argues that neither a sufficiency-based nor a proportionality-based approach is capable of answering that question singlehandedly. However, the two approaches can be combined in a plausible way. Noting that some of the duties that go into (...) our fair-play obligations are ‘gradual’ and others are ‘non-gradual’, the article argues that the sufficiency-based approach explains non-gradual duties such as the duty to obey the law, and that the proportionality-based approach explains gradual duties like political participation and civic responsibility. Thus, the article contends that the fair-play theory should be extended beyond the question of legal compliance and be applied to the duties of good citizenship more generally. (shrink)

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness (...) of different kinds of crime. (shrink)

Relatively subtle forms of exploitation of human subjects may arise from the inefficiency or incompetence of a researcher, from the existence of a power imbalance between principal and subject, or from the uneven distribution of research risks among various segments of the population. A powerful and knowledgeable person (or institution) may perpetrate the exploitation of an unempowered and ignorant individual even without intending to. There is an ethical burden on the former to protect the interests of the vulnerable. Excessive or (...) insufficient compensation may be exploitative. However, genuine economic imperatives motivating needy volunteers have to be considered. These forms of exploitation should be appreciated in the context of social and cultural factors suggesting that the relationship between researcher and subject cannot properly be appraised as a contractual undertaking. While compliance with pertinent codes and regulations minimises the exploitative potential, they cannot be enforced in a way that does not recognise a society's peculiar characteristics. The experience with some Filipino cultural traits illustrates this point. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rules and CommunityJeffrey Bedrick, MDThe paper, “The Dilemma of Compliance: Roles and Rules in Schizophrenia, Censorship, and Life,” by Riley Paterson raises a number of interesting issues. I am only able to address a few of these issues here, and I do so in the hope of broadening our consideration of some of the basic concerns.Paterson focuses his attention on the potentially repressive side of rules, even while (...) acknowledging the broader role of rules in human life. Thus, towards the end of his paper he writes “While I regard all experience as rule- and role-bound, the aforementioned groups”—those who “experience schizophrenia, persecution, or are otherwise marginalized and vulnerable”—“experience rules and roles with particular violence.” He admirably warns us to be sure that in our work with people we are not traumatizing or re-traumatizing them.But rules play a broader role in human life. Paterson discusses censorship and the role that rules can play in repressing the expression of ideas. But rules also allow the use of language and govern communication in general. Writers living under censorship resorted, Paterson notes, to a system of exoteric and esoteric writing and communication. But those esoteric texts, if they were not to remain purely private and unknowable to those who read the texts, had to follow certain rules and conventions to signal the reader that the exoteric text was not all there was, and that there was another, esoteric, meaning to be found within the text. Writing under conditions of censorship remained a communal, intersubjective, endeavor.With schizophrenia, the seeming central topic of the paper, the situation becomes even more complex. We shall see that Paterson’s analyses point us in two different directions.Paterson writes:In schizophrenia we see an exaggerated instance of the dilemma raised above: There is a gap that exists between the publicly available roles, and the person we feel ourselves to be. We are required to conform with the demands of these roles to preserve what we feel most natural in ourselves. People with schizophrenia often must conceal, at times, their experiences of hallucinations and delusions in order to preserve some ability for social interaction. In my clinical work, however, people with schizophrenia have often reported it has felt freeing to learn when and with whom they can share those thoughts and experiences. Freeing, not because they need to hide part of themselves but because doing so opens up possibilities of social interaction and community.Further, Paterson writes of the difficulties people with schizophrenia may have with ‘weintentionality.’ Referencing Salice and Henriksen (2021) [End Page 381] he concludes that “the self-disorders of schizophrenia preserve a capacity for joint intentionality (rule following) but severely inhibit an experience of group belonging and identity (weintentionality).” Indeed he notes, again following Salice and Henriksen (2021), “that some individuals experiencing more mild forms of schizophrenia spectrum disorders found great comfort and safety in rule following.” The problem for people with schizophrenia thus seems less with applying specific rules, which might in some cases be meant to regulate or repress behavior, than in establishing we-intentionality. Many phenomenologists have explored the concept of intersubjectivity and have noted, as have many psychoanalysts and therapists, that there is no pure, interior subject but that our very selfhood is formed in interaction and relation to others. (See, for one example, the work of Alfred Schutz (1967) for a phenomenological investigation of intersubjectivity and the social.) To borrow Paterson’s gardening metaphor, there are no sole, beautiful flowers. They must be cared for to grow, or be part of a natural ecosystem that allows them to flourish.Cognitive and negative symptoms are widely accepted as posing more of a burden to schizophrenia than the more flamboyant hallucinations and delusions. These seem to me to be due less to a difficulty conforming or complying to social rules that may be felt to be restrictive or repressive and more due to the difficulties with intersubjectivity and we-intentionality. The people I have worked with who were most limited by their schizophrenia in my judgment have been people with severe thought disorders who demonstrated severe loosening of associations and word salad. I say... (shrink)

Gendered socialization has prompted numerous attempts to redefine what counts as an autonomous choice. However, there is strong disagreement among feminist theorists over the criteria to identify cases of autonomy impairment _vis-à-vis_ the embeddedness of individuals in patriarchal cultures. I argue that this focus on choice and autonomy has often neglected the costs of non-compliance to social norms and the trade-offs that women make to flourish within their community. Even if we were to find an effective way to determine (...) whether a self-regarding choice calls for state interference because of its socialized nature, we would still lack a sufficient justification for interfering with women’s choices. To justify political action, my claim is that we should also look at the effects that preference interference would have on women within their societal context. Consequently, I develop a non-ideal feminist account aimed chiefly at analysing the costs of proposed feminist change. I shall focus in particular on women’s engagement with practices of body modification for the sake of conforming to gendered standards of appearance, such as cosmetic surgery and hymen restoration. In both cases, I argue that blanket bans risk backfiring into a form of double-jeopardy for those who are already the most vulnerable to gendered oppression, hence they are not justified. However, this does not imply passively accepting the status quo but urges us to reconsider new ways to offset transition costs, making resistance to social norms a collectively shared endeavour rather than a burden that exclusively befalls the most vulnerable. (shrink)

Relatively subtle forms of exploitation of human subjects may arise from the inefficiency or incompetence of a researcher, from the existence of a power imbalance between principal and subject, or from the uneven distribution of research risks among various segments of the population. A powerful and knowledgeable person (or institution) may perpetrate the exploitation of an unempowered and ignorant individual even without intending to. There is an ethical burden on the former to protect the interests of the vulnerable. Excessive or (...) insufficient compensation may be exploitative. However, genuine economic imperatives motivating needy volunteers have to be considered. These forms of exploitation should be appreciated in the context of social and cultural factors suggesting that the relationship between researcher and subject cannot properly be appraised as a contractual undertaking. While compliance with pertinent codes and regulations minimises the exploitative potential, they cannot be enforced in a way that does not recognise a society's peculiar characteristics. The experience with some Filipino cultural traits illustrates this point. (shrink)

Gendered socialization has prompted numerous attempts to redefine what counts as an autonomous choice. However, there is strong disagreement among feminist theorists over the criteria to identify cases of autonomy impairment _vis-à-vis_ the embeddedness of individuals in patriarchal cultures. I argue that this focus on choice and autonomy has often neglected the costs of non-compliance to social norms and the trade-offs that women make to flourish within their community. Even if we were to find an effective way to determine (...) whether a self-regarding choice calls for state interference because of its socialized nature, we would still lack a sufficient justification for interfering with women’s choices. To justify political action, my claim is that we should also look at the effects that preference interference would have on women within their societal context. Consequently, I develop a non-ideal feminist account aimed chiefly at analysing the costs of proposed feminist change. I shall focus in particular on women’s engagement with practices of body modification for the sake of conforming to gendered standards of appearance, such as cosmetic surgery and hymen restoration. In both cases, I argue that blanket bans risk backfiring into a form of double-jeopardy for those who are already the most vulnerable to gendered oppression, hence they are not justified. However, this does not imply passively accepting the status quo but urges us to reconsider new ways to offset transition costs, making resistance to social norms a collectively shared endeavour rather than a burden that exclusively befalls the most vulnerable. (shrink)

Asset freezes are sometimes viewed as the quintessential form of targeted sanctions—relatively effective in achieving their goals, while affecting only the individuals and companies that are “bad actors.” However, as part of the roundtable “Economic Sanctions and Their Consequences,” this essay argues that there are significant ethical problems raised by asset freezes and other forms of targeted financial sanctions. Sanctioners have long been criticized for targeting individuals and companies for arbitrary reasons or without adequate due process. However, there is a (...) second concern that is less well known. Asset freezes and other targeted financial sanctions may be imposed on government officials, government agencies, or private companies that hold a critical role in the target country's economy. A country's central bank, national oil company, or national shipping line, for example, may be severely compromised as a result of its inclusion on a financial blacklist. In addition to the explicit prohibitions imposed by targeted financial sanctions, there is a chilling effect as well. This can be seen when international banks and corporations withdraw from the target country altogether because the burden of compliance with these measures is so great, and the potential penalties so high. (shrink)

In this article, we provide an ethical analysis of the first porcine cardiac xenotransplant, performed in Maryland, USA in early 2022. David Bennett was offered the experimental procedure after he was deemed ineligible for human heart transplantation and mechanical circulatory support, based on a history of non-compliance. It was reported that Mr Bennett’s previous instances of non-compliance were for medically non-life-threatening conditions years earlier, where the risks of non-compliance were not as high. We argue that, in Mr (...) Bennett’s case, a history of non-compliance in a different context, should not necessarily rule him ineligible for a potentially life-saving treatment now. Furthermore, using previous non-compliance to exclude individuals from donor organs may have the unintended effect of placing the burden of testing xenotransplantation on those who are already disadvantaged. We then argue that it is not enough to rely on patient consent to ethically justify xenotransplantation research. Taking a broad ethical perspective is crucial when mapping a clinical pathway for xenotransplantation. (shrink)

In this article I examine how reforming our international tax regime could be an important vehicle for realizing key aspects of global gender justice. Ensuring all,including and especially multinationals, pay their fair share of taxes is crucial to ensuring that all countries, especially developing countries, are able to fund education, job training, infrastructural development, programs which promote gender equity, and so forth, thereby enabling all countries to help themselves better. I discuss various positive proposals for levying global taxes. I review (...) why overtly gender-neutral taxes can sometimes have unintended gendered consequences, disproportionately burdening or benefiting individuals, according to their gender. Any endorsement of global taxes must take this concern into account. Fortunately there is good fit between the rationale for the Tobin tax and the way in which it can be harnessed to promote gender equity, so of the taxes discussed here, it emerges as one of the most promising. However, as I also argue, eliminating tax havens and blocking avenues that currently facilitate tax escape must also be part of the agenda to promote gender equity, given the vast amounts of revenue that currently escape taxation. In a context of globalization, fiscal policies cannot achieve equity (including gender equity) at national levels alone. Many concerns, such as clamping down on tax evasion and harmonizing corporate tax rates, can only effectively be tackled at a global level. As I also discuss, feasible arrangements for tackling such issues are available, as are mechanisms for collecting and disbursing funds in ways that promote accountability and compliance. Failing to reform our tax arrangements means that the basic institutional structure of the global economy is unjust and also involves gender injustice. Gender consciousness is indispensable for developing an adequate account of taxation justice and therefore a global institutional structure that is gender just. (shrink)

To date, climate justice has been modeled on global justice, giving rise to such notions as ecological space, ecological debt and carbon debt. I worry that global justice fails to compel compliance and ignores hydrological systems’ role in cooling atmospheric temperatures. I thus opt to tie climate justice to hydrological justice, a form of global environmental justice that requires transparency and kinship, and proves more coercive since both burdens and targets are local. To demonstrate this view, I first (...) distinguish global justice from global environmental justice. I next show the limits of Simon Caney’s forward-looking approach to global justice, which commits diverse parties to just burdens to reach just targets in order to facilitate climate justice. I conclude by noting that modeling climate justice on hydrological justice proves compatible with the goals of the Katowice Climate Package, passed in 2018. (shrink)