This article describes, analyzes, and advocates for management of clinical healthcare conflict by a process commonly referred to as bioethics mediation. Section I provides a brief introduction to classical mediation outside the realm of clinical healthcare. Section II highlights certain distinguishing characteristics of bioethics mediation. Section III chronicles the history of bioethics mediation and references a number of seminal writings on the subject. Finally, Section IV analyzes barriers that have, thus far, limited the widespread implementation of bioethics mediation.

(2013). Matching bias in syllogistic reasoning: Evidence for a dual-process account from response times and confidence ratings. Thinking & Reasoning: Vol. 19, No. 1, pp. 54-77. doi: 10.1080/13546783.2012.735622.

The term, “bioethics” was coined in 1970 by American cancerologist V. R. Potter. In the few decades since, the field of bioethics has emerged as an important discipline. The field has attained a remarkable degree of public recognition in a relatively short period of time. The “right to die” cases such as In re Quinlan placed bioethical issues on the front pages. Although the discipline is of recent vintage, the past quarter century has witnessed a flurry of scholarly activity, creating (...) a substantial body of bioethical literature. Moreover, the bioethics movement has manifested itself in institutional expressions. Universities and medical schools have added courses in bioethics to their curricula. In 1974, federal legislation and regulations mandated that federal grantees conducting human subjects research establish institutional review boards to safeguard subjects’ welfare, and even absent a legislative mandate numerous hospitals created ethics committees. Centers and institutes, devoted exclusively to the study of bioethical issues, have been founded. (shrink)

This case study examines five dimensions of the 2007–2009 financial crisis in the United States: the devastating effects of the financial crisis on the U.S. economy, including unparalleled unemployment, massive declines in gross domestic product, and the prolonged mortgage foreclosure crisis; the multiple causes of the financial crisis and panic, such as the housing and bond bubbles, excessive leverage, lax financial regulation, disgraceful banking practices, and abysmal rating agency performance; the extraordinary efforts of the Federal Reserve, the Federal Reserve Bank (...) of New York, and the Department of the Treasury to stem the financial freefall triggered by the crisis and resuscitate financial institutions, the ethical implications of the unprecedented actions by government institutions to rescue financial institutions and drag the country back from the brink of global financial collapse, and the conduct of the various parties contributing to the financial crisis, such as the shoddy behavior of mortgage brokers, the massive securitization of mortgages into overly complex bonds, the excessive leverage of financial institutions, the disgraceful work of bond rating firms, the abysmal risk management systems employed by financial institutions, and the massive operations of the shadow banking and over-the-counter derivatives markets; and the major provisions of the Dodd–Frank Wall Street Reform and Consumer Protection Act signed into law to in response to the financial crisis and for the purpose of correcting the egregious conduct of major financial institutions. (shrink)

In the famous Correspondence with Clarke, which took place during the last year of Leibniz's life, Leibniz advanced several arguments purporting to refute the absolute theory of space and time that was held by Newton and his followers. The main aim of this book is to reassess Leibniz's attack on the Newtonian theory in so far as he relied on the principle of the identity of indiscernibles. The theological side of the controversy is not ignored but isolated and discussed in (...) the last three chapters, which deal with problems connected with the notions of omnipotence and omniscience. (shrink)

This translation and commentary on Xunzi’s Tian Lun argues against naturalistic interpretations of Tian. Tracing the course of interpretation of Xunzi down to the present, discussing some of the influences that affected how he was understood, and raising questions about some contemporary revisionary attempts, Machle suggests unusual lines of interpretation.

A unique multilevel perspective-structural social psychology-is explicated to help build theoretical bridges between micro and macro levels of analysis in sociology. The perspective portrays actors (human or corporate) as having minimal properties of purposiveness and responsiveness, encounters as interaction episodes between multiple actors, microstructures as local patterns of interaction emerging from and subsequently influencing encounters, and macrostructures as networks of social positions. These levels of analysis are connected via mutually contingent processes. Applying these assumptions, we illustrate the ability of the (...) framework to strengthen the macrosociological import of micro theories of power, status, and justice. We argue that structural social psychology is an important metatheoretical strategy for developing testable connections between individual and collective units of sociological analysis. (shrink)

Studies based on the Rankine-Hugoniot relations have classified MHO shock waves as fast, switch-on, intermediate, switch-off, and slow. Any waves found in nature must also: possess steady-state structures and be stable in the presence of small-flow disturbances. In this monograph, Dr. Anderson examines these criteria in relation to plane shocks for which the collision frequency is large compared with cyclotron frequency. It contains a three-dimensional graphic representation of shock end states and presents an exact solution for the shock adiabatic curve (...) in a convenient form. An MIT Press Research Monograph. (shrink)

After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory (...) work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences. (shrink)

Abstract:Opportunism impacts the behavior of firms in market situations where they purchase goods and services externally and create dependency relationships with other firms. Opportunism as a business issue is addressed in economics and marketing literature as an important factor in transaction cost analysis and market governance. Management and business ethics scholars, however, do not address this issue in depth, if at all.The recent bankruptcy of MCI WorldCom highlights some of the risks inherent in a world economy where customers and companies (...) of one society are dependent upon the business practices of partner companies in other societies. Telecommunications customers and companies in Asia, Europe and other places, who depended upon MCI WorldCom for connections to North America, now have important areas of their business in jeopardy because of the uncertainty about the fate of a critical business partner.MCI WorldCom’s situation appears to be the result of an attempt to obtain personal gain, at the expense of others, by at least one senior manager. This is called opportunism. Williamson (1985) defined opportunism as “self-interest seeking with guile.” It can wreak havoc with companies, customers, stock markets and economies and is demonstrated regularly in press accounts of misstatements on financial reports and other ways senior managers use their positions to enhance their personal wealth and influence.This paper will focus on the ethical issues surrounding business relationships and how Confucianism, with its focus on trust, reciprocity and mutual benefit in relationships, can offer a moral foundation to the inter-firm arrangements that are so much a part of the contemporary business landscape. (shrink)

Britain's nineteenth-century railway companies traditionally play a central role in histories of the spread of standard Greenwich time. This relationship at once seems to embody a productive relationship between science and capitalism, with regulated time essential to the formation of a disciplined industrial economy. In this narrative, it is not the state, but capitalistic private commerce which fashioned a national time system. However, as this article demonstrates, the collaboration between railway companies and the Royal Greenwich Observatory was far from harmonious. (...) While railways did employ the accurate time the observatory provided, they were also more than happy to compromise the astronomical institution's ability to take the accurate celestial observations that such time depended on. Observing astronomical transits required the use of troughs of mercury to reflect images of stars, but the construction of a railway too near to the observatory threatened to cause vibrations which would make such readings impossible. Through debates over proposed railway lines near the observatory, it becomes clear how important government protection from private interests was to preserving astronomical standards. This article revises our understanding of the role of railway companies in the dissemination of standard time and argues that state intervention was essential to preserving Victorian British astronomical science. (shrink)

Michael Faraday’s laboratory experiments have dominated traditional histories of the electrical sciences in 1820s and 1830s Britain. However, as this article demonstrates, in the mining region of Cornwall, Robert Were Fox fashioned a very different approach to the study of electromagnetic phenomena. Here, it was the mine that provided the foremost site of scientific experimentation, with Fox employing these underground locations to measure the Earth’s heat and make claims over the existence of subterranean electrical currents. Yet securing philosophical claims cultivated (...) in mines proved challenging for Fox, with metropolitan audiences, including Faraday, loath to give credit to the results of these underground experiments. This article explores how Fox developed a way of modeling his mine experiments, using clay samples, to communicate knowledge from industrial Cornwall to urban centers of elite science. It argues that the mine was an epistemologically complex venue of scientific activity, at once seeming to provide a way of examining nature directly, without recourse to laboratory contrivance, while simultaneously being a place where knowledge claims were hard to verify without access to these physically challenging locations. In exploring Fox’s work, this study contributes to a growing literature of spatial investigation that takes the vertical as its unit of analysis. (shrink)

If beliefs are a map by which we steer, then, ceteris paribus, we should want a more accurate map. However, the world could be structured so as to punish learning with respect to certain topics—by learning new information, one’s situation could be worse than it otherwise would have been. We investigate whether the world is structured so as to punish learning specifically about moral nihilism. We ask, if an ordinary person had the option to learn the truth about moral nihilism, (...) ought she to take it? We argue, given plausible assumptions about ordinary human preferences, she should not. (shrink)

In a recent paper in Science and Engineering Ethics (SEE) Elliott proposed an ethics of expertise, providing its theoretical foundation along with its application in a case study devoted to the topic of hormesis. The application is based on a commentary in the journal Nature, and it includes assertions of ethical breaches. Elliott concludes that the authors of the commentary failed to promote the informed consent of decision makers by not providing representative information about alternative frequency estimates of hormesis in (...) the literature, thereby hindering the capacity of the scientific community to promote informed consent relating to chemical regulation. This paper argues that Elliott should have incorporated due process into his system of evaluation. His argument is also seriously deficient technically, in that it misinterprets the toxicological issues, misrepresents the scientific literature with respect to the frequency of hormesis, and incorrectly assesses the extent to which the Nature paper revealed opposing/alternative views on hormesis. Given the seriousness of assertions of noncompliance to ethical norms, there must be procedures to protect those whose ethics were called into question, to fairly evaluate the technical justification for an assertion, and to enable corrections in the event of errors. If a journal is willing to publish assertions that individuals acted in an ethically questionable way, it should be guided by a documented code of ethics and meet a standard of responsibility far greater than normal peer-review processes for papers that do not entail such ethical judgments. (shrink)

This essay relates Plato’s views on Homeric justice in the Apology and Crito to current domestic and foreign policy. Applying the insights of these dialogues to contemporary issues of war and civil liberties, the essay contends that the separation of time and the foreignness of culture may aid our decisionmaking if we take the time to consider the lessons offered to us across the centuries. Plato assists in this bridging process through the literary device of the dialogue. The dialogues provide (...) the opportunity to involve the reader personally in the ongoing struggle to come to grips with what is central to human life. The last section of this essay will link the relevance of ancient thought to contemporary issues such as Abu Ghraib tortures and Guantanamo detentions in the light of the earlier sections’ consideration of the Apology and the Crito. (shrink)

Friedrich A. von Hayek influenced many areas of inquiry including economics, psychology and political theory. This article will offer one possible interpretation of the ethical foundation of Hayek's political and social contributions to libertarianism and free market capitalism by analyzing several of his important non-economic publications, primarily The Road to Serfdom, The Fatal Conceit, The Constitution of Liberty and Law, Legislation and Liberty. While Hayek did not offer a particular ethical foundation for free market capitalism, he argued consistently that free (...) markets are liberating and, for the markets to be truly free and for individuals to participate freely in markets, they should be subject to little control. Beyond some very basic principles, such as the protection of private property, that enable the free market to function properly, individuals are both free to and required to determine their own ethical compass. The central question, then, is what are the ethical principles that underlie Hayek's view of the successful organization and operation of a free market? If formal rules and regulations must be kept to a minimum, then ethical behavior is an individual choice as well as an important foundation for the self-regulating free market. This article will argue that one possible ethical foundation underlying Hayek's libertarian justification for free market capitalism are Friedrich Nietzsche's "will to power" and noble/slave ethics. This article will rely primarily on Nietzsche's On The Genealogy of Morals, Beyond Good and Evil, Zarathustra, and the Will to Power. (shrink)

Biobanks hold out the prospect of significant public and private benefit, as genetic information contained in tissue samples is mined for information. However, the storing of human tissue samples and genetic information for research and/or therapeutic purposes raises a number of serious privacy and autonomy concerns. These concerns are compounded when one considers the possibility that a biobank or its owner might go bankrupt. Insolvency impairs the ability of enforcement regimes, and liability-based regimes in particular, to enforce legal norms. The (...) goal of this essay is to develop guideposts for thinking about private and public enforcement of privacy imposed by donors on tissue samples and/or genetic information when a biobank becomes insolvent. (shrink)

Climate change represents a significant challenge to the entire planet and its inhabitants. While few, if any, will be able to escape totally the effects of climate change, it will fall most heavily, at least initially, on the poor, regardless of where they reside. We may observe already possible scenarios. The tragic situation in Darfur may be less an ethnic conflict and more a clash between marginal farmers and herdsmen in an increasingly more arid local climate. More powerful storms on (...) the scale of hurricane Katrina, which affected the poor more than other economic groups, may become commonplace. The alteration of the maple sugar cycle may be a harbinger of stress on the world's flora and fauna that humanity depends upon. Mainstream climatologists have concluded that human behavior, primarily the effects of industrialization, causes human-induced climate change. Left unchecked climate change will have serious consequences for humanity, especially the poor. Business, the primary agent of industrialization, is both the problem and the solution. This paper will apply the ethics of philosophers John Rawls, Robert Nozick, and Aristotle, along with the work of strategist Michael Porter. Understanding how climate change management fits into a firm's strategic opportunity will contribute to the ability of business to develop the technologies and business processes necessary to cope with climate change. The paper will conclude with a brief discussion of GE's Ecomagination program as an example of a promising moral response to climate change. (shrink)

Bioethics mediators manage a wide range of clinical conflict emanating from diverse sources. Parties to clinical conflict are often not fully aware of, nor willing to express, the true nature and scope of their conflict. As such, a significant task of the bioethics mediator is to help define that conflict. The ability to assess and apply the tools necessary for an effective mediation process can be facilitated by each mediator’s creation of a personal compendium of sources that generate clinical conflict, (...) to provide an orientation for the successful management of complex dilemmatic cases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CompassionEdward J. VolpintestaTo the Editor: In his essay, “Can We Mandate Compassion?” (March–April 2011), Ron Paterson, a former health and disability commissioner in New Zealand, discusses the decline of physicians’ compassion—an issue that is receiving more attention in the media, and in our journals, hospitals, and medical societies, as well.He decided—and I agree—that compassion should not be mandated. How could it be? After all, it’s unquantifiable; it’s not meted (...) out in milliliters or grams. Compassion is a spontaneous emotion that arises from the individual caregiver’s spiritual reservoirs. Trying to regulate or mandate it would be absurd—the ultimate attempt at dehumanizing medicine. Giving students more exposure to the humanities, however, and teaching doctors what is not acceptable in “terms of conduct, attitudes, and behavior” may increase awareness of its importance. Putting that awareness into action is another thing.Could it be that physicians are too hard-pressed for time and too overstressed with ordering and interpreting tests that they have little time and energy left for compassion? Has the threat of malpractice suits made physicians distrust patients, seeing them more as potential lawsuits than as suffering human beings, as horrible as that may sound to some? Or has the vast amount of new medical knowledge that rapidly reaches doctors given them an information overload so great that they have room only for cognition and none for emotion? When one adds the pressure physicians feel to control costs and to follow guidelines that often clash with their judgment, it becomes clear why compassion has declined.As a primary care doctor, there are days when all I have to offer some patients is compassion. A divorce, problems with personal finances, depression, a recent death, a child in trouble with the law or with drugs, an unwanted pregnancy—these are some of the problems that are the most difficult and time-consuming for me. They do not require any new scientific knowledge. Like compassion, they are not quantifiable, and there are no board exams to test how well I help my patients cope with them. There is also no code that I can send to an insurance company that will accurately convey what I have done, or its value to my patients. Only my patient and I are aware of whether I was able to use compassion in a way that helped. How could it be otherwise?It is much easier for me to treat a patient with pneumonia or conjunctivitis. I doubt that there ever will be a foolproof way to teach compassion to physicians. Perhaps performing psychological tests on incoming medical students may be the best way to determine which are most inclined to become compassionate physicians.The Flexner Report of 1910, which contained many recommendations for improving medical education, may have overstressed the importance of science while neglecting the human dimensions of medical practice. The Carnegie Foundation, which funded the original study, has undertaken a second examining any unintended consequences of the first. Unlike the first, which was dominated by one man, the second comprises a broad team of educators, doctors, philosophers, and psychologists. Perhaps this broader approach will restore compassion to its rightful place.Letters to the editor may be sent by e-mail to [email protected], or to Managing Editor, Hastings Center Report, 21 Malcolm Gordon Road, Garrison, NY 10524; (845) 424-4931 fax. Letters appearing in the Report may be edited for length and stylistic consistency.Statement of Ownership, Management, and CirculationThe Hastings Center Report is a bimonthly journal published by The Hastings Center, 21 Malcolm Gordon Road, Garrison, NY 10524. The editor is Gregory Kaebnick, at the same address. The annual subscription price is $80; contact person is Anne Marie Schoonhoven; telephone number is 845-424-4040. The tax status of the organization has not changed during the preceding twelve months.As of the filing date of September 6, 2011, the average number of copies of each issue during the preceding twelve months was 3,342; the actual number of copies of the single issue published nearest to the filing date was 3,150. The journal has a total paid and/or requested circulation... (shrink)

Engaged scholarship is an intellectual movement sweeping across higher education, not only in the social and behavioral sciences but also in fields of natural science and engineering. It is predicated on the idea that major advances in knowledge will transpire when scholars, while pursuing their research interests, also consider addressing the core problems confronting society. For a workable engaged agenda in science and technology studies, one that informs scholarship as well as shapes practice and policy, the traditional terms of engagement (...) must be renegotiated to be more open and mutual than has historically characterized the nature of inquiry in this field. At the same time, it is essential to protect individual privacy and preserve government confidentiality. Yet there is a scientific possibility for and benefit to introducing more collaborative and deliberative research approaches between scholar and subject in ways that will not violate these first-order ethics. To make the case, this article discusses the possibilities and perils of engaged science and technology scholarship by drawing on our own recent experiences to conduct and apply STS research while embedded in the National Science Foundation. Brief accounts of these experiences reveal the opportunities as well as the challenges of engaged scholarship. They also provide lessons for those fellow travelers who might follow the authors to this or other like host organizations with ambitions of increasing fundamental knowledge about and applying research to the policies, programs, and decisions of the scientific enterprise. (shrink)

Possible worlds models of belief have difficulties accounting for unawareness, the inability to entertain (and hence believe) certain propositions. Accommodating unawareness is important for adequately modelling epistemic states, and representing the informational content to which agents have in principle access given their explicit beliefs. In this paper, I develop a model of explicit belief, awareness, and informational content, along with an sound and complete axiomatisation. I furthermore defend the model against the seminal impossibility result of Dekel, Lipman and Rustichini, according (...) to which three intuitive conditions preclude non-trivial unawareness on any possible worlds model of belief. (shrink)

This historical analysis indicates that it is highly unlikely that the Nobel Prize winning research of Hermann J. Muller was peer-reviewed. The published paper of Muller lacked a research methods section, cited no references, and failed to acknowledge and discuss the work of Gager and Blakeslee that claimed to have induced gene mutation via ionizing radiation six months prior to Muller’s non-data Science paper :84-87, 1927a). Despite being well acclimated into the scientific world of peer-review, Muller choose to avoid the (...) peer-review process on his most significant publication. It appears that Muller’s actions were strongly influenced by his desire to claim primacy for the discovery of gene mutation. The actions of Muller have important ethical lessons and implications today, when self-interest trumps one’s obligations to society and the scientific culture that supports the quest for new knowledge and discovery. (shrink)