In a world of limited resources, competition between the young and old prompt difficult questions of justice. In countries with public pension and health care systems, or with aging populations, there is often a concern that members of different generations are not always treated fairly. Dennis McKerlie's monograph examines justice between age-groups with the ultimate goal of a new theory of justice that effectively grapples with those questions. In the realm of public policy and medical ethics this is an (...) important and timely topic, but surprisingly one that has received relatively little attention from moral philosophers. McKerlie develops a comprehensive view of fairness between age groups that applies the egalitarian values of equality, or priority for the badly off, to temporal parts of lives -- not just to complete lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Birth of The Birth of TragedyDennis SweetIntroductionNietzsche’s first book, The Birth of Tragedy, is ostensibly an account of the psychological motives behind the creation and modifications of Greek drama, but it is really much more than this. It is the author’s first attempt to understand the dynamic processes of human creativity in general—a concern that would occupy him throughout his career. When we look at his own estimation (...) of the value of his first book, however, we see that he maintained something of a love-hate relationship to it. In the second edition, published in 1886, Nietzsche included a prefatory “Attempt at a Self-Criticism,” in which he castigates the style of his first literary effort:[T]oday I find it an impossible book: I consider it badly written, ponderous, embarrassing, image-mad and image-confused, sentimental, in places saccharine to the point of effeminacy, uneven in tempo, without the will to logical cleanliness... disdainful of proof, mistrustful even of the “propriety” of proof... an arrogant and rhapsodic book.... 1Yet Nietzsche was convinced that the book, despite its stylistic flaws, did indeed have its merits. In Ecce Homo he evaluated the positive value of The Birth of Tragedy in the following way:The two decisive innovations of the book are, first, its understanding of the Dionysian phenomenon among the Greeks: for the first time, a psychological analysis of this phenomenon is offered, and it is considered as one root of the whole of Greek art. Secondly, there is the understanding of Socratism; Socrates is recognized for the first time as an instrument of Greek disintegration, as a typical decadent. “Rationality” [End Page 345] against instinct. “Rationality” at any price as a dangerous force that undermines life. 2Since its appearance in 1872 The Birth of Tragedy has been the object of both intensely negative and strongly positive assessments among classical scholars. Either it is dismissed out of hand as a piece of unscholarly romanticism, or it is praised as a unique contribution to the study of Greek art and life, a book of seminal importance for modern classical scholarship. 3 Among those who judge the book to be valuable and original, most follow the author in regarding the “two decisive innovations” spoken of in the above quotation as the heart of the book’s value and originality. Yet few of Nietzsche’s advocates have gone on to show clearly how or in what sense these innovative insights are innovative and insightful.To understand the significance and to appreciate the originality of The Birth of Tragedy it is important to see it against the background of some of the established theories of art and tragedy which preceded it. I shall begin, therefore, by characterizing, in broad strokes, two such theories that emerged in the eighteenth century; then I shall consider how the theory of tragedy that Nietzsche offers in his first book grew out of his dissatisfaction with these earlier views. Finally I shall show how the “two decisive innovations” expressed in The Birth of Tragedy developed during the years preceding the book’s publication. [End Page 346]The Theoretical BackgroundDuring the middle decades of the eighteenth century there emerged a keen interest in providing a theoretical account of the beauty expressed in the works of classical Greek art in general and in the literary achievements of the Attic tragedians in particular. Among German writers the person most responsible for bringing about this interest was the art historian, Johann Joachim Winckelmann. According to Winckelmann, the dominant characteristics of beauty found in ancient Greek works of art are expressed in terms of their “noble simplicity and quiet grandeur [edle Einfalt und stille Grösse].” 4 The ideal qualities of harmony and composure characteristic of classical Greek sculpture reflect and embody the serene and happy world-view of the Greek artists and of classical Greek culture in general. The two best examples of this character are found in the famous “Apollo Belvedere” statue and in the equally well-known statue depicting the Trojan priest Laocoön and his sons’ being devoured by twin serpents—an example of “classical” art that would be utilized by... (shrink)

As interpreted by Pattee, von Neumann’s Theory of Self-Reproducing Automata has proved to be a useful tool for understanding some of the difficulties and paradoxes of molecular biosemiotics. But is its utility limited to molecular systems or is it more generally applicable within biosemiotics? One way of answering that question is to look at the Theory as a model for one particular high-level biosemiotic activity, human language. If the model is not useful for language, then it certainly cannot be generally (...) useful to biosemiotics. Beginning with the Universal Turing Machine and continuing with von Neumann’s Theory and Pattee’s interpretation, the properties of universality, programmability, underspecification, complementarity of description/construction, and open-ended evolutionary potential are shown to be usefully applicable to language, thus opening a new line of inquiry in biosemiotics. (shrink)

Ethical scandals in business are all too common. Due to the increased public awareness of the transgressions of business executives and the potential costs associated with these transgressions, ethical leadership is among the top qualities sought by organizations as they hire and promote managers. This search for ethical leaders intersects with a labor force that is becoming more racially diverse than ever before. In this paper, we propose that the ethical leadership qualities of business leaders may be perceived differently depending (...) upon the race of the leader. Using two experimental studies in the USA, we examine the difference in ethical leadership perceptions between a Black hypocritical CEO and an ethical CEO. Next, we consider a Black ethically ambiguous CEO and an ethical CEO. The findings indicate that a Black leader faces larger negative impact in hypocritical and ambiguous conditions than a similar White leader. There were no significant race effects in the ethical conditions in which a leader demonstrated a personal commitment to ethics through words or actions. We discuss the implications of these findings. (shrink)

The position that I seek to defend in this article is that the epistemological hegemony that is presently one of the defining characters of the relationship between Africa and the global North is a form of injustice which makes the talk of ‘global justice’ illusory. In arguing thus, I submit that denying the indigenous people of Africa an epistemology that is comparable to epistemologies from other geopolitical centres translates to questioning their humanity which is a form of injustice. I thus (...) proceed to argue that, as a precondition to an authentic discourse on the possibility of ‘global justice’; epistemic injustice must first be challenged and rejected. In so doing, I am defending the position that the acceptance and respect for the diversity of the peoples of this world and their epistemologies is imperative if genuine justice at global level is to be realised. (shrink)

Ethical leadership is an important construct in the literature on behavioral ethics in organizations, given its link with employee attitudes and behaviors. What remains unclear, however, is what leader characteristics are associated directly with ethical leader perceptions and indirectly with employee unethical behavior. In this paper, we use a socio-cognitive lens to integrate goal orientation theory with the literature on ethical behavior in organizations. Specifically, we propose that certain patterns of managers’ goal-oriented behavior provide signals and cues to employees about (...) their managers’ ethical leadership, which then relates to employee displays of more unethical behavior. Using a sample of 265 manager–employee dyads, our findings largely support our claims. We found that leader performance-avoid goal orientation was negatively related to perceptions of ethical leadership and positively related to employee unethical behavior. Moderated mediation tests indicated that the positive indirect effect of leader performance-avoid goal orientation on employee unethical behavior through perceptions of ethical leadership was attenuated by higher levels of leader learning goal orientation. Taken together, these findings suggest that when leaders emphasize avoiding failure while downplaying the importance of personal learning and development, employees perceive them as less ethical and are more willing to engage in ethical misconduct. We discuss implications of our findings for both theory and practice. (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)

This is written as a dialogue with the central question, “What constitutes the essence of a ‘good’ businessperson?” Written in the form of a Platonic dialogue, this is an imaginary exchange between Socrates and Agoricus, the fictitious son of a well-respected businessperson of Athens at a time of unethical business practice. Various qualities are entertained in terms of defining a successful and good businessperson, including producing quality products at low prices, effectivesales techniques, creativity and innovation, respectful treatment of the customer, (...) business “know-how” (e.g. accounting), contributing to the community welfare, as well as being honest and trustworthy. Eventually the discussion winds its way to a kind of care and concern for customer welfare and satisfaction, leaving the initial question partially answered, while raising another question related to the proper way of teaching business. Connections to classical and contemporary business readings are made throughout the dialogue by the use of footnotes. The dialogue could be used with various graduate and undergraduate audiences, and it can be used in various ways, including class discussion regarding whether business should be conceived as a profession and whether ethical conduct lies at the heart of business. This only adopts the format of a Platonic dialogue for purposes of exploring the question. However, the dialogue does not claim to representthe ideas or position that Socrates or Plato might take on the question at hand. (shrink)

The position that I defend in this article is that the transformation and Africanisation of the philosophy curriculum in universities in Africa is necessary in order to reverse epistemicide. It is necessary because the present philosophy curriculum in universities in Africa is predominantly Eurocentric in its content. As a result, it curiously excludes the philosophy of the indigenous people of Africa. This status quo calls for a fundamental change of the philosophy curriculum. In advancing the thesis of this article, I (...) seek to critique recent arguments on the transformation and Africanisation of the philosophy curriculum. I note that much of the literature in defence of transformation and Africanisation of the philosophy curriculum contains principally theoretical arguments. I attempt to go further than this and discuss some normative suggestions that can be implemented in order to put this noble idea into practice. I argue that the theoretical call for the Africanisation of the philosophy curriculum on its own is not enough if it is not simultaneously accompanied by clear policies on how that can be put into practice. (shrink)

This article aims to contribute to counteracting the negative perception of Descartes’ philosophical legacy. The article addresses a specific aspect of the supposed human dominance over nature, that of the animal question. Against the accusation of “speciesism,” a hierarchy that considers humans superior and justifies their domination and cruelty towards animals, it is argued that Descartes did not regard animals as completely insensible, that his position was not as categorical as often presented, and that he can be interpreted not as (...) a speciesist but as an environmental advocate. (shrink)

_ Source: _Volume 48, Issue 2, pp 155 - 174 What does it mean to say “Yes” to life? What does it mean to affirm life? What does it mean to _not_ be nihilistic? One possible answer is the appropriation of finitude. But Klossowski argues that this amounts to a “voluntarist” fatalism. Though Klossowski draws attention to the temptation of “voluntarist” fatalism on the part of Nietzsche and readers of Nietzsche, he himself is tempted by redemption, i.e., by being redeemed (...) from the weight of responsibility. Using the very “logic” of Klossowski’s own reading of the eternal return, Blanchot will call this possibility of redemption into question. Blanchot’s reading of Nietzsche’s eternal return draws attention to that moment when death as possibility _turns into_ death as impossibility. This _weakening_ of the negative brings, according to Blanchot, _not_ redemption from the burden of responsibility, but infinite responsibility. (shrink)

“Big Data” in health and medicine in the 21st century differs from “Big Data” used in health and medicine in the 1700s and 1800s. However, the old data sets share one key component: large numbers. The term “Big Data” is not synonymous with large numbers. Large numbers are a key component of Big Data in health and medicine, both for understanding the full range of how a disease presents in a human for diagnosis, and for understanding if one treatment of (...) a disease is better than another treatment or better than just leaving the patient on his or her own without therapy. In this paper, we examine the first considerations of Big Data in medicine in Paris in the early 1800s when urologic surgeon Jean Civiale collected the first large numbers. Civiale collected the large numbers to defend the efficacy of his urologic instrument, the lithotrite, and the surgical procedure he developed, lithotrity, for the removal of bladder stones compared with earlier, more invasive surgical approaches. We examine how large numbers were adjudicated in social decision-making in the Académie des sciences, Paris, when a dispute arose among French urologic surgeons about the importance of large numbers in surgical science. After Civiale’s successful defense of his instrument and procedure in Paris, we examine how his approach to Big Data impacted data collection by George Buchanan in his use of the procedure at the Royal Hospital Infirmary in Glasgow. (shrink)

This present paper analyses the ethical implications of the upward growth of black market trading in Zimbabwe in the context of its political economy of crisis that was predominant from 2000 to 2008. It argues that the growth of black market trading during the stated period can be situated in the prevailing political economy of crisis and strained state-market relations. Poor policy decisions by government as well as the imposition of targeted sanctions on the country by the United States of (...) America (USA) and European Union (EU) contributed to this crisis. Grounded on the theoretical framework of political economy, such an analysis of the ethical implication of black market trading is necessary for students of business ethics not only because black market trading has had some significant implications on the economy of Zimbabwe, but also because it leads us to question the extent to which people take ethics to be of importance in business. (shrink)

This present paper analyses the ethical implications of the upward growth of black market trading in Zimbabwe in the context of its political economy of crisis that was predominant from 2000 to 2008. It argues that the growth of black market trading during the stated period can be situated in the prevailing political economy of crisis and strained state-market relations. Poor policy decisions by government as well as the imposition of targeted sanctions on the country by the United States of (...) America (USA) and European Union (EU) contributed to this crisis. Grounded on the theoretical framework of political economy, such an analysis of the ethical implication of black market trading is necessary for students of business ethics not only because black market trading has had some significant implications on the economy of Zimbabwe, but also because it leads us to question the extent to which people take ethics to be of importance in business. (shrink)

In this paper, I show that the strong relations of knowledge, power and liberation are worth reassessing and clarifying in light of the indigenous people of Africa’s quest for epistemic liberation....

How justified are those who think that the clamour for one-party politics in Africa was inspired by the character of African consensual democracy such as the one defended by Kwasi Wiredu? I show that though Wiredu’s consensual democracy may share some similarities with a one-party polity, it does not necessarily follow that it has inspired the emergence of one-party polities in Africa. Similarly, the absence of any discernible similarities between African consensual democracy and one-party polity may not also necessarily entail (...) that the former has not inspired the latter. When one considers the ontological nature of Wiredu’s consensual democracy and the one-party polity, it becomes contentious to claim that the latter emerges from the former. However, based on Wiredu’s idea of consensual democracy, one might argue that consensual democracy has a common ancestry with a one-party polity because they both seem to emerge from “party1”. (shrink)

In this paper, I consider how a world government constructed from the perspectives of both the global North and the global South could be a more promising one as it seeks to challenge the idea of world government constructed principally from the perspective of one geopolitical centre. I will call this position the ‘inclusive world government paradigm’. Specifically, after giving a brief presentation of some reasons behind the construction of a world government, I proceed to consider Luis Cabrera’s idea of (...) world government that essentially denotes assisting the global impoverished to improve their lives through progressive, democratically accountable integration between states. Thereafter, I offer some responses to Cabrera’s idea of world government. Finally, I suggest how the idea of world government could be understood differently if both the global North and the global South could be its co-creators and influence its agenda. I reckon that this could only be possible if the asymmetrical power relations in the present world are reversed and replaced by a more just and a more respectful relationship between these geopolitical centres. (shrink)

Purpose This paper aims to review and critically assess the role that data visualizations played as communication media tools to help society during a worldwide crisis. This paper re-creates and analyzes several visualizations, critically and ethically assesses their strengths and limitations and provides a set of best practices that are informative, accurate, ethical and engaging at each stage in a reader’s interest. Design/methodology/approach The paper bases its methodology on the construct of “The Network Society” (Van Dijk, 2006; Castells, 2000, 2006) (...) by creating a series of social networked visualizations, identifying the challenges and pitfalls associated with this communication approach and suggesting best practices in information communication technology. The case study is COVID-19. Findings The research in this study found that visual data dashboards and interactive Web-based charts did play a significant role in helping society understand COVID-19’s impact to make better informed decisions about society’s health and safety. Research limitations/implications Visual expositions of data do have strengths and weaknesses depending on how they are designed, how they communicate the story and how they are ethically deployed. Best practices are provided to help mitigate these limitations. Practical implications Visualizations are certainly not new, but the technology for rapidly developing and sharing them is new. Visual expositions provide an effective media for communicating complex information to a networked society. Social implications Visual expositions provide an effective media for communicating complex information to a networked society. Originality/value This paper highlights the significance of the need to understand complex data in a crisis in a visual format and to communicate the information quickly, persuasively, effectively and ethically to a networked audience. (shrink)

One of the characteristics of Big Data is that it often involves “imperfect” information. This paper examines the work of John Graunt in the tabulation of diseases in London and the development of a life table using the “imperfect data” contained in London’s Bills of Mortality in the 1600s. London’s Bills of Mortality were Big Data for the 1600s, as they included information collected over time, the depth and accuracy of which improved gradually. The main shortcoming of the data available (...) at the time was its nonuniform upkeep and the lack of depth of variables included at its outset. Due to these characteristics, it provides a perfect model for the examination of imperfect Big Data, as it has been analyzed, criticized, and interpreted repeatedly since the 1600s. (shrink)

i would hazard to guess that nearly everyone would agree that In situations of peril, it is permissible to use another’s property without her permission if that is the only way to save oneself from serious harm.1But that If one damages or consumes that property, one ought to compensate its owner.It turns out, however, that the conjunction of N1 and N2 is surprisingly difficult to justify. That is because if you accept N1, you are also likely to accept A property (...) owner would wrong an imperiled trespasser if the owner prevented her from using his property if that were the only way she could save herself from serious harm.N3 implies that the permission granted in N1 issues from a right. This generates a... (shrink)

The idea that respect for persons comprises the core of morality has long been associated with Kant and the ethics of the Groundwork of the Metaphysics of Morals. In particular, the second formulation of the categorical imperative , the Formula of Humanity as an End-in-itself – ‘So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means’ – is often glossed (...) as enjoining us to respect persons as such. On what I think may fairly be called the received view, the injunction to respect persons as such is thus, for Kant, co-extensive with morality itself. (shrink)