This book traces rabbinic thought on the near-universal phenomenon of legal circumventions, finding licit ways to achieve otherwise illegal outcomes. Rabbinic literature does not fully reject or accept loopholing, but instead determine acceptability based on whether their outcome and their process maintain the values and the integrity of the law.

College students struggle with the switch from thinking of mathematics as a calculation based subject to a problem solving based subject. This book describes how the introduction to proofs course can be taught in a way that gently introduces students to this new way of thinking. This introduction utilizes recent research in neuroscience regarding how the brain learns best. Rather than jumping right into proofs, students are first taught how to change their mindset about learning, how to persevere through difficult (...) problems, how to work successfully in a group, and how to reflect on their learning. With these tools in place, students then learn logic and problem solving as a further foundation. Next various proof techniques such as direct proofs, proof by contraposition, proof by contradiction, and mathematical induction are introduced. These proof techniques are introduced using the context of number theory. The last chapter uses Calculus as a way for students to apply the proof techniques they have learned. (shrink)

This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.

The boundaries of the ethical have traditionally coincided with the boundaries of humanity. This, however, is no longer the case. Scientific developments, such as genetic engineering, stem-cell research, cloning, the Human Genome Project, new paleontological evidence, and the rise of neuropsychology call into question the very notion of human being and thus require a new conceptual map for ethical judgment. The contours of this map may be seen to emerge in works of science fiction (SF), which not only vividly dramatize (...) the implications and consequences of new technologies and discoveries, but also exert a powerful influence on culture, creating a feedback loop of images and ideas. This essay focuses on three SF topoi: the human/animal evolutionary boundary; non-biological subjectivity (AI); and the human/alien interaction. It explores each of these topoi in a selection of SF texts, including novels by H. G. Wells, Olaf Stapledon, Stephen Baxter, William Gibson, Stanislaw Lem and others, showing how the boundaries of humanity are expanded and then exploded through the radical subversion of the tenets of liberal humanism. (shrink)

The rapid growth of online media has led to new complications in journalism ethics and practice. While traditional ethical principles may not fundamentally change when information is disseminated online, applying them across platforms has become more challenging as new kinds of interactions develop between journalists and audiences. In Ethics for Digital Journalists, Lawrie Zion and David Craig draw together the international expertise and experience of journalists and scholars who have all been part of the process of shaping best practices (...) in digital journalism. Drawing on contemporary events and controversies like the Boston Marathon bombing and the Arab Spring, the authors examine emerging best practices in everything from transparency and verification to aggregation, collaboration, live blogging, tweeting and the challenges of digital narratives. At a time when questions of ethics and practice are challenged and subject to intense debate, this book is designed to provide students and practitioners with the insights and skills to realize their potential as professionals. (shrink)

Before sailing past the sirens' “flowery meadow,” Ulysses instructed his sailors to lash him to the mast so that he would not succumb to the siren's singing. His advance directive demonstrated that he valued his dispositional or long-term autonomy over his unquestioned right to make decisions. He also indicated to his oarsmen that he understood the nature of temptation and his inability to resist it. Ideas of autonomy and sexual choice are central to this discussion of new AIDS treatments, especially (...) the trials of preventative vaccines. Questions arise over the rights of individuals and the extent that these should be limited by concerns of the gay community. Should the gay community intervene in the risky decisions of individuals if no explicit advance directive exists? If so, how do they justify their paternalism? Could their aims not be better served through strengthening the individual dispositional autonomy of trial participants rather than making specific claims about the common good? (shrink)

This article deals with the representation of identical twins in the films Zed and Two Noughts by Peter Greenaway and Dead Ringers by David Cronenberg. It situates the films in a cultural and political context of the 20th-century controversies surrounding the issues of evolution, reproduction and cloning. The article claims that twinship represents the corporeal economy of the Same, whose ideological meanings have been shaped by the history of eugenics and social Darwinism. Identical twinship inscribes a utopia of the perfect, (...) unchanging and self-identical body, opposed to the unpredictability, confusion and contingency of sexual reproduction and evolutionary history. The films under discussion critique the utopian ideology of twinship and its imaginary cancellation of difference as narcissistic and deadly. (shrink)

Australia has one of the harshest regimes for the processing of asylum seekers, people who have applied for refugee status but are still awaiting an answer. It has received sharp rebuke for its policies from international human rights bodies but continues to exercise its resolve to protect its borders from those seeking protection. One means of doing so is the detention of asylum seekers who arrive in Australia by boat. Health care providers who care for asylum seekers in these conditions (...) experience a conflict of “dual loyalty,” whereby their role in preserving and maintaining the health of patients can run counter to their employment in detention facilities. Many psychiatrists who have worked in the detention setting engage in forms of political activism in order to change the process of seeking refuge. (shrink)

Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, requiring (...) a rethink of existing research ethics paradigms to approaches that foster advocacy research and drawing on the voices of those directly affected, including those bestowed with duty of care for this population. (shrink)

This study explores how religious women become legitimate actors in the public sphere and analyzes their agency—its meanings, capacities, and transformative aims. It presents a novel case study of Israeli Modern-Orthodox Agunah activists who engage in highly politicized collective feminist resistance as religious actors working for religious ends. Embedded in and activated by Orthodoxy, they advocate women’s rights to divorce, voicing a moral critique of tradition and its agents precisely because they are devoutly devoted to them. Such political agency is (...) innovatively conceptualized as “devoted resistance”: critique within relationship, enabled by cultural schema, and comprising both interpretive skills and “relational-autonomy” capacities. This study contends that understanding agency within religious grammars reveals its underlying logics, highlighting how structures shape the meanings and realization of women’s varied “agentive capacities.” It challenges current dichotomies like feminism/religion, resistance/submission, and autonomy/dependence. Overall, the author argues for a nuanced, culturally specific, capacity-based, relational approach to analyzing religious women’s agency. (shrink)

By confronting variable use, the variationist method can reveal patterns of subjectification of grammatical morphemes. Applying this method to the analysis of salir(se) ‘go out’ variation in Mexican Spanish oral data, we conclude that subjectification is manifested structurally in the tendency for middle-marked salirse to co-occur with first-person singular or referents close to the speaker, positive polarity and the past tense. Further comparative dialectal and diachronic data indicate the origins of the se -marked form in physical spatial deviation. Usage of (...) the form then extends to situations that denote deviation from social norms. We thus propose that the locus of subjectification of this counter-expectation marker is an increasingly speaker-based construal of expectation. This semantic change appears to proceed via absorption of contextual meaning in the frequently occurring + de ‘from’ construction. (shrink)

This Student's Companion edition lays out, in nontechnical terms, the main ideas contained in Maimonides' famous work Guide of the Perplexed so it can be read by an ambitious beginner or an advanced high school student. It provides a general introduction to Maimonides' life, the plan and outline of the Guide, the required philosophical background, and a concise chapter-by-chapter overview and commentary.

Dual loyalty issues confront health and welfare professionals in immigration detention centres in Australia. There are four apparent ways they deal with the ethical tensions. One group provides services as required by their employing body with little questioning of moral dilemmas. A second group is more overtly aware of the conflicts and works in a mildly subversive manner to provide the best possible care available within a harsh environment. A third group retreats by relinquishing employment in the detention setting. A (...) fourth group is activist in intent and actions. Derived from research and ethnography conducted in Australia, the article explores the moral dilemmas confronting those who are duty-bound by professional codes of ethics while also bound by loyalty to their employers and silenced by confidentiality statements. It provides particular focus on psychiatry, nursing and social work. We conclude by speculating whether a politics of compassion and acts of solidarity can forge a pathway through the ethical terrain. In doing so we draw upon human rights considerations as well as on the works of Joan Tronto and Elisabeth Porter. (shrink)

This article investigates whether or not theories of justice from political philosophy, first, support the position that health research should contribute to justice in global health, and second, provide guidance about what is owed by international clinical research (ICR) actors to parties in low- and middle-income countries. Four theories—John Rawls's theory of justice, the rights-based cosmopolitan theories of Thomas Pogge and Henry Shue, and Jennifer Ruger's health capability paradigm—are evaluated. The article shows that three of the four theories require the (...) conduct of health research for justice in global health. The theories help identify the ends of justice to which ICR is to contribute, but they cannot tell us how to organize ICR to promote these ends. Aside from Ruger's health capability paradigm, the theories also lack an allocative principle for assigning specific duties to specific actors. This creates difficulties for establishing obligations for certain types of ICR actors. (shrink)

This paper explores ethical questions arising from the work of health practitioners in immigration detention centres in Australia. It raises questions about the roles of professional disciplines and the ways in which they confront dual loyalty issues. The exploration is guided by interviews conducted with health professionals who have worked in asylum seeker detention and an examination of the outsider advocacy role undertaken by the social work profession. The paper discusses the stance taken by individuals and professional associations on participation (...) in controlled settings, including as participant, bystander and advocate, and asks when the provision of care becomes collusion with oppression. (shrink)

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

This paper analyses the way in which being in possession of an adequate range of options is an essential component of autonomy. I discuss the way in which the conceptualisation of options in terms of basic rights might assist this argument, and apply these ideas to HIV/AIDS clinical research in the developing world. Finally, I suggest that mechanisms should be put in place through which vulnerable research participants can express their views about the relationship between the research in which they (...) are involved, and needs of a worthwhile life. (shrink)

Clinical trials in developing countries are often beset by ethical problems that would be considered unresolvable in countries like Australia and the U.S. Nevertheless, such trials continue to go ahead throughout Asia, Africa and South America, and are often conducted in ways that could be considered to be unethical. In this article I discuss two issues, focussing on an HIV preventative trial of a vaginal gel, the Nonoxynol 9 phase three trial being held in Kenya. The first of these is (...) what makes such a trial unethical given that it has approval from the WHO and seemingly conforms with acceptable standards of consent. The second issue involves using material from such trials, if we accept that they were conducted unethically. (shrink)

Research Ethics, Volume 18, Issue 1, Page 51-63, January 2022. Aboriginal and Torres Strait Islander peoples in Australia, have historically experienced research as another means of colonialization and oppression. Although there are existing frameworks, guidelines and policies in place that respond to this history, the risk of exploitation and oppression arising from research still raises challenging ethical questions. Since the 1990s the National Health and Medical Research Council in Australia has developed specific sets of guidelines that govern research with these (...) populations in an attempt to redress injustices of the past. The current guidelines: Ethical Conduct in Research with Aboriginal and Torres Strait Islander Peoples and Communities: Guidelines for Researchers and Stakeholders, 2018, emphasis six core values which are bound together by “spirit and integrity.” The values are reflected through respect for cultural inheritance, and genuine negotiation of partnerships between researchers, other stakeholders, and communities. We examine whether these guidelines can lead to research and research practices that redress some of the ongoing traumas of colonialization and racism. We draw upon Margaret Urban Walker’s formulation of restorative justice, based upon her “pragmatics of repair” which relies upon “voice, validation and vindication” and at its core, the restoration of relationships. (shrink)

The advent of HIV focussed broad social attention on the group of people most affected by it in Australia, the so-called ‘gay community’. However, what a gay community actually was, and what kind of rights and duties were being attached to it remained unclear. However, it is obvious that such a community — or communities — did not fit the model proposed by communitarian writers like Michael Sandel and Charles Taylor, whereby subjects cannot stand outside their own constitutive attachments. I (...) also consider the common criticism of communitarianism, and see what kinds of collectives can in fact be considered ethical.The first part of this paper looks at the ethical issues surrounding community attachment of this kind in Australia in relation to the ethics of HIV/aids clinical research. In particular I examine the way in which certain forms of gay community attachment can be used to strengthen personal autonomy and check exploitation within the prevention and research process.The second part of this paper draws upon the issues just discussed. In particular I focus on the use of ‘community’ in the research process in developing countries, and suggest ways in which cultural considerations might strengthen autonomy. However, I go on to suggest that in many cases the idea of community has served the opposite purpose, and has in fact been used to oppress certain individuals and groups within the developing world, in the so-called interests of the greater good. In order to avoid this, I suggest a model of social and ethical research whereby all subjects and researchers in the clinical process might stand in greater relationships of equality with each other. (shrink)

In a recent edition of the Medical Journal of Australia, Greg Dore and David Cooper called on persons in developed nations like Australia to bridge the divide between resource-rich countries to nations in the developing world, where therapies to ease or halt the ravages of the virus are nonexistent or in short supply.

This article focuses on the location of the duty of loyalty—a unique legal norm in Common Law jurisdictions—both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is an ‘open’ norm, with a greater degree of flexibility, that requires the exercise of discretion. The insights from this jurisprudential perspective are used to reveal the preferred way for further developing (...) the duty of loyalty. The article explains that ‘loyalty,’ intuitively classified as a ‘pure’ standard, has been reconstructed over time as more specific rules. Moreover, it suggests that, ideally, this movement should continue; namely, when applying loyalty to a specific case, courts should include informative content that would promote predictability. It then illustrates that, unfortunately, this road is not always taken by the courts. A decision to retain loyalty as an ad hoc standard, or an inverse attempt to delineate the boundaries of this norm, has implications on the certainty, consistency, and ethical content of the law. Considering that this duty spreads across different legal fields, personal and commercial, the significance of this discussion becomes all the more evident. (shrink)

The situation around the seeking of refuge, both in Australia and abroad, has become a core human rights issue of our time, engendering protest and activism from the public, researchers, healthcare professionals and academics. The question remains: do bioethicists have duties to advocate on behalf of such populations, and if so, why? I argue that if our work is founded upon the principle of justice, then we do have such duties, and that our research, in itself, can become a form (...) of advocacy. (shrink)