A national survey on researchers’ experiences with their institutional review boards (IRBs) is presented, focused exclusively on social and behavioral researchers. A wide range of experiences is apparent in the data, especially in terms of turnaround time for submitted protocols, incidence of data collection without prior IRB approval, and stated reasons for "going solo." Sixty-two percent felt that the turnaround time they typically experience is "reasonable," and 44% said they had not experienced long delays in obtaining approval. However, 48% of (...) respondents reported either conducting a project without IRB approval or modifying an existing project without IRB approval, with anticipated time for approval being the dominant reason offered for doing so. This adds a new dimension to the widely discussed "national IRB crisis" (e.g., Illinois White Paper, 2005). The article concludes with 2 preliminary recommendations for IRB reform. (shrink)

Volume 20, Issue 7, July 2020, Page 150-152.

The end of Roe v. Wade has significant implications for the autonomy of pregnant patients at the end of life. At least thirty states restrict the choice to withhold/withdraw life-sustaining treatments from pregnant patients without decisional capacity, invalidating prior advance directives and prohibiting others from choosing these options for the patient. Many restrictions are based on the Roe framework, applying after “viability” or similar considerations of fetal development or prospect for live birth. Scholars have also relied on the abortion framework, (...) arguing that the restrictions impose an undue burden. The end of Roe will free states from having to craft limited restrictions designed to work around prior abortion jurisprudence. Similarly, advocates will no longer be able to draw support from the abortion framework, forcing them to rely instead on cases supporting rights to autonomy/bodily integrity in medical decision-making. (shrink)

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the federal health care programs, but go to the heart of the ethical behaviors expected of those who transact business with the government. The severe consequences of violating these proscriptions (...) include significant monetary penalties, ineligibility to participate in the federal health care programs, and even imprisonment. It is no wonder, then, that compliance with the fraud and abuse laws is a key consideration in any health care venture. At the same time, ethical considerations make this area of health law particularly vexing for counsel, raising numerous challenges that include how to balance the strategic goals of current clients against the interests of future clients and whether to advise clients to self-report potential violations even when illegal intent may not easily be shown. (shrink)

This article illuminates Nietzsche’s and Kafka’s spiritual kinship and its manifestation in Kafka’s story The Metamorphosis. Nietzsche’s role as a practitioner of “disruptive wisdom” serves as the point of departure for the examination of Gregor Samsa’s untimely and abrupt transformation into a giant vermin. The article explores Gregor’s development in light of Zarathustra’s parable of the three metamorphoses of the spirit, and it examines the relevance of the myth of the Way in the protagonist’s search for meaning. Central to this (...) discussion are Kafka’s and Nietzsche’s fascination with animal similes and Kafka’s modification of the Nietzschean metaphor of man as a rope. (shrink)

H. Post's conception of quantal particles as non-individuals is set in a formal logico-mathematical framework. By means of this approach certain metaphysical implications of quantum mechanics can be further explored.

In der Zeit nach K. C. F. Krauses Tod wurde in der Philosophie darum gerungen, die umwalzende Kraft des deutschen Idealismus zeitgemass zu retten. In diesem Zusammenhang spielte Krause eine wichtige Rolle. Sein System wurde verstarkt rezipiert - in Lehrbuchern, in Ruges, Schweglers und Noacks Jahrbuchern, aber auch beispielsweise in I. H. Fichtes Zeitschrift fur Philosophie. Weiterhin aufschlussreich fur die Wirkung Krauses ist die von Urena beleuchtete Krause'sche Position zum Deutschkatholizismus im Gegensatz etwa zu Gervinus, Bayrhoffer oder Vischer. (...) Uberdies zeigt der Band die Rezeption der Krause'schen Staatslehre in der Tubinger Volkswirtschaftslehre auf. Schliesslich zeigt Urena, inwiefern sich Krause als einer der ersten fur die Gleichberechtigung der Frau eingesetzt hat - sowohl in der Theorie als auch in der Praxis. Das Buch zeichnet eine beeindruckende Wirkungsgeschichte nach, wodurch Krauses Einfluss auf die Philosophie des 19. Jahrhunderts deutlich wird. (shrink)

In der Zeit nach K. C. F. Krauses Tod (1832) wurde in der Philosophie darum gerungen, die umwalzende Kraft des deutschen Idealismus zeitgemass zu retten. In diesem Zusammenhang spielte Krause eine wichtige Rolle. Sein System wurde verstarkt rezipiert - in Lehrbuchern, in Ruges, Schweglers und Noacks Jahrbuchern, aber auch beispielsweise in I. H. Fichtes Zeitschrift fur Philosophie. Weiterhin aufschlussreich fur die Wirkung Krauses ist die von Urena beleuchtete Krause'sche Position zum Deutschkatholizismus im Gegensatz etwa zu Gervinus, Bayrhoffer oder (...) Vischer. Uberdies zeigt der Band die Rezeption der Krause'schen Staatslehre in der Tubinger Volkswirtschaftslehre auf. Schliesslich zeigt Urena, inwiefern sich Krause als einer der ersten fur die Gleichberechtigung der Frau eingesetzt hat - sowohl in der Theorie als auch in der Praxis. Das Buch zeichnet eine beeindruckende Wirkungsgeschichte nach, wodurch Krauses Einfluss auf die Philosophie des 19. Jahrhunderts deutlich wird. (shrink)

Dieses Buch versucht, die institutionelle Wirkung der Schuler K. C. F. Krauses grosstenteils anhand unveroffentlichter Handschriften zu rekonstruieren und den philosophie- und padagogikgeschichtlichen Kontext zu erhellen. Eingehend behandelt werden die ersten deutschen Philosophiekongresse, die von theistischen (I. H. Fichte) bzw. linkshegelianischen (L. Noack, K. Nauwerck) Richtungen und von Krauseanhangern veranstaltet wurden. Die Untersuchung widmet der engen Beziehung zwischen Frobel und Krause und dem daraus entspringenden 'Krause-Frobelianismus' besondere Aufmerksamkeit: Sie zeigt, inwiefern Krauses Philosophie mit ihren Tendenzen zum Praktischwerden und (...) zum 'menschheitlichen' Europaismus das Fundament der damals einflussreichen Frobel'schen Padagogik bildet. - Nach der bereits vorliegenden Biographie K. C. F. Krauses (SuE II,22) ist dies der zweite Band, den Urena zu diesem wichtigen Philosophen vorlegt.'Urena verwertet fur seine Arbeit eine Fulle bisher unveroffentlichten Materials aus dem Nachlass Frobels und Krauses sowie einiger Krause-Schuler. Sein solide gearbeitetes Werk ist ein ausserst wertvoller Beitrag zur deutschen Padagogikgeschichte des 19. Jahrhunderts.'K. Seidel, Geschichte, Politik und ihre Didaktik'Ein beeindruckendes Stuck Wissenschaftsgeschichte [.] Urenas bedeutende wissenschaftshistorische Studie ist von stupender Belesenheit und beeindruckender Materialfulle und verliert doch nie die Hauptlinien der Untersuchung aus dem Auge. [.] Allen an Philosophie und Padagogik des 19. Jahrhunderts und den in ihm zum Teil erst entwickelten Verbreitungsmedien [.] Interessierten sei die vorliegende Studie eindringlich empfohlen.' Alfred Langewand, Zeitschrift fur padagogische Historiographie'Urena gelingt es in seiner Arbeit in ausgezeichneter Weise, diese [.] interessante Biographie Krauses herauszuarbeiten und jene charakteristischen Momente hervorzuheben, die fur das Verstandnis der Philosophie Krauses wesentlich sind.'Heinz Krumpel, Ius Commune. Zeitschrift fur Europaische Rechtsgeschichte'Krause [.] a trouve en Espagne [.] un biographe a sa mesure [.] Son influence en Europe fut important et il faudrait peut etre reediter quelques textes afin que Krause [.] retrouve aujourd'hui une partie de l'echo qu'il merite. Ce tres bon ouvrage y contribuera grandement.' Dominique Bourel, Dix-Huitieme Siecle, 'Urena has performed a massiv task [.] A valuable contribution both to the subsequent reception of Kantian philosophy and to the international ramifications of German philosophy of the Classical period.' The Year's Work in Modern Language Studie. (shrink)

Kraus, O. Biographical sketch of Franz Brentano.--Stumpf, C. Reminiscences of Franz Brentano.--Husserl, E. Reminiscences of Franz Brentano.--Gilson, E. Brentano's interpretation of medieval philosophy.--Gilson, L. Franz Brentano on science and philosophy.--Titchener, E. B. Brentano and Wundt: empirical and experimental psychology.--Chisholm, R. M. Brentano's descriptive psychology.--De Boer, T. The descriptive method of Franz Brentano.--Spiegelberg, H. Intention and intentionality in the scholastics, Brentano and Husserl.--Marras, A. Scholastic roots of Brentano's conception of intentionality.--Chisholm, R. M. Intentional inexistence.--McAlister, L. L. Chisholm and Brentano on intentionality.--Chisholm, (...) R. M. Brentano's theory of correct and incorrect emotion.--Moore, G. E. Review of Franz Brentano's The origin of the knowledge of right and wrong.--Franks, G. Was G. E. Moore mistaken about Brentano?--Kotarbinski, T. Franz Brentano as reist.--Terrell, D.B. Brentano's argument for reismus.--Bergman, H. Brentano's theory of induction.--Kraus, O. Toward a phenomenognosy of time consciousness. (shrink)

The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation follows (...) proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

In their vulnerability to arbitrary, exploitative uses of human power, many of Earth’s nonhuman parts are subject to environmental domination. People too are subject to environmental domination in ways that include but also extend beyond the special environmental burdens borne by those who are poor and marginalized. Despite the substantial inequalities that exist among us as human beings, we are all captured and exploited by the eco-damaging collective practices that constitute modern life for everyone today. Understanding the complex, interacting dynamics (...) of environmental domination can orient us to a more liberatory approach to our environmental problems and to one another, both human and nonhuman. To make good on this potential, however, we need to move beyond existing conceptions of domination. This essay reconstructs the concept of domination to illuminate the multiple ways that the human domination of nature interacts with the domination of people, and it identifies changes that could support more emancipatory forms of political order, a politics of non-domination for people and the Earth. (shrink)

A recent surge of research has begun to examine music participation and well-being; however, a particular challenge with this work concerns theorizing around the associated well-being benefits of musical participation. Thus, the current research used Self-Determination Theory to consider the potential associations between basic psychological needs (competence, relatedness, and autonomy), self-determined autonomous motivation, and the perceived benefits to well-being controlling for demographic variables and the musical activity parameters. A sample of 192 Australian residents (17-85, Mage = 36.95), who were currently (...) participating in a musical activity at the time, completed an online questionnaire. Results indicated that females were more likely to perceive benefits to their well-being; and that how important an individual considers music in their life was positively related to perceived well-being. Importantly, the analyses also revealed that the basic needs of competency and relatedness were related to overall perceived well-being as well as specifically social, cognitive, and esteem dimensions of well-being. Autonomous motivation demonstrated significant associations with both an overall well-being score as well as four of five specific well-being subscales measured. Collectively, the findings indicate that Self-Determination Theory offers a useful theoretical framework to understanding the relationship between musical participation and well-being. Further, the pattern of findings reiterates the positive associations between musical participation and one’s psychosocial well-being, with broad implications for people involved in the facilitation of musical activity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:184 BOOK REVIEWS knower, one may avoid undercutting the position that the cognitive powers are passive, without failing to do justice to the fact that aware· ness and discrimination are activities of the knower {pp. 71-72; 148· 49, n. 6). Second, Kai holds that the individual human being cannot really he said to have intuitive mind in himself: "Man has mind; hut only to a certain degree and without (...) mind losing its independence from the human whole.... the divine mind is present in man without los· ing its character of divine mind " (p. 75). If only God has intuitive mind {pp. 155, n. 32; 156-57, n. 13), how can the individual human being really know, even in the sense of having discursive thought? Since knowledge depends on first principles, what does not possess the intuitive mind which knows the first principles would, it seems, not properly have knowledge. The only hope for a definitive interpretation of the disconcertingly brief De Anima, 3. 5, lies in the possibility that one can establish a definite connection between this chapter and other elements in the Aris· totelian corpus, a connection that would elucidate the otherwise in· scrutable teaching on active mind. It is the great merit of Kai to have made an excellent case for a connection between De Anima, 3. 5, and two other elements in the Aristotelian corpus: nous as it functions in the logic and epistemology, and the unmoved mover of Metaphysics, Lambda. Exploring this connection in a penetrating and thorough analysis of a great body of Aristotelian and secondary te~ts, Kai has not merely taken a position on a more than two-thousand-year-old con· troversy, hut also has decisively advanced our understanding of active mind. St. John's University Jamaica, New York JAMES T. H. MARTIN Anselm Studies: An Occasional Journal. Vol. 2. Edited by JosEPH ScHNAUBELT, OSA, et al., White Plains, New York: Kraus Inter· national Publications, 1988. Pp. 634. $55.00. This volume contains the proceedings of the Fifth International Saint Anselm Conference (Villanova University, September 16-21, 1985). Held in conjunction with the Tenth International Patristic, Medieval, and Renaissance Conference, the meeting occasioned papers concen· trating on areas of "influence and juncture" in the life and thought of St. Anselm and St. Augustine. Given the dependence of much of Anselm's work on the thought of St. Augustine, the Conference took as its particular objective the understanding of the relationship between BOOK REVIEWS 185 faith and reason. While the focus of the papers in this volume includes both saints, the principal emphasis falls on Anselm as inheritor and interpretor of the methods and ideas of his intellectual ancestor. A brief introduction provides cameo presentations of Anselm's character as abbot, monk, and archbishop, together with a conspectus on Anselm's position vis-a-vis the canonical and ecclesiological issues of his day. The papers are then divided into five chapters: "Anselm's Monasticism." "The Proslogion Argument," "Truth: Anselm and Augustine," "Theological Method," and "The Anselmian Worldview." While the papers are of use to scholarly readers desiring detailed treatment of central issues in Anselm's logic and epistemology, the un· doubted strength of the collection lies in its well-calculated effort to integrate an understanding of Anselm's intellectual and spiritual out· look with the theological, spiritual, and literacy currents of his time. Especially for the historian of intellect and society, the essays in this volume provide analysis that advances our understanding of the cultural context of the 11th and 12th centuries. The contribution to our understanding of Anselm's culture is par· ticularly clear in the first and fourth divisions of the volume, the sec· tions dealing with monasticism and Anselm's worldview. In the former division, Glenn Olsen's assessment of " Anselm and Homosexuality" neatly evaluates the evidence for Anselm's sexual orientation made controversial by John Boswell's Christianity, Social Tolerance, and Homosexuality. In fact, the present article, together with its notes, provides a useful summary of the critical literature which has grown up of late around the Boswellian thesis as well as the study of literary expressions of affection in the 11th and 12th centuries. Olsen grasps the... (shrink)

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should acknowledge (...) that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

This study sheds new insight on how historically oppressed and marginalized actors are able to pursue environmental sustainability based on alternative worldviews (e.g., Indigenous worldviews) rather than succumbing to those dominant in the Western society, based on a study of the Syilx (“Okanagan”) people in British Columbia, Canada. We found that the Syilx people enacted the ethical practice of _nʕawqnwixʷ_ (“the reciprocal gentle dropping of thoughts, like water, into everyone’s minds to address the issue at the centre of discussion and (...) to reach collective consensus for action”), anchored in the Syilx worldview, to reconstruct the relationships between humans and nature. Two overlapping processes are involved: developing foundational principles for human–nature relations and carrying out reconstruction work. Ongoing enactment of _nʕawqnwixʷ_ practice provided community-based agency, enabling the Syilx people to shift the conversation around environmental sustainability. From this, we discuss the theoretical potential of community-based agency for the study of environmental sustainability, and the role of Indigenous worldviews for (re)imagining human-nature ethics (and reorienting the theoretical lens of human-animal or human-plant ethics form a firm-centric focus to a community-oriented lens), and important implications for practitioners and policymakers in the field of environmental sustainability. (shrink)

A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of abilities faces a (...) significant challenge: it cannot adequately explain the freedom-grounding element of this ability. The problem has the form of a dilemma. This leaves reasons-responsive compatibilists with two options: abandon theories of free will grounded in abilities or abandon reductive theories of abilities. (shrink)

Physics is not just mathematics. This seems trivial, but poses difficult and interesting questions. In this paper we analyse a particular discrepancy between non-relativistic quantum mechanics and ‘classical’ space and time. We also suggest, but not discuss, the case of the relativistic QM. In this work, we are more concerned with the notion of space and its mathematical representation. The mathematics entails that any two spatially separated objects are necessarily different, which implies that they are discernible —we say that the (...) space is T2, or “Hausdorff”, or yet “separable”. But when enters QM, sometimes the systems need to be taken as completely indistinguishable, so that there is no way to tell which system is which, and this holds even in the case of fermions. But in the NST setting, it seems that we can always give an identity to them by means of their individuation, which seems to be contra the quantum physical situation, where individuation does not entail identity. Here we discuss this topic by considering a case study and conclude that, taking into account the quantum case, that is, when physics enter the discussion, even NST cannot be used to say that the systems do have identity. This case study seems to be relevant for a more detailed discussion on the interplay between physical theories and their underlying mathematics, in a simple way apparently never realized before. (shrink)

Understandably, given the interpretive challenges posed by the dialogue form, the focus of David Hume's interest in religion in the Dialogues Concerning Natural Religion can be difficult to pinpoint.1 Much Hume scholarship on the Dialogues has traditionally suffered from two major shortcomings. First, its treatment of Hume's interest in religion is primarily theoretical or speculative, as though Hume were concerned above all to determine the nature of "true religion," say, or to dismiss religious belief altogether as simply irrational. Such scholarship (...) regards the Dialogues as a vehicle for delivering a theoretical or epistemological treatment of questions concerning the nature and existence of God, and has little... (shrink)

The notion of an individual and the related issues on individuation are topics that appear in the philosophical discussion ever since the antiquity. The idea of an individual thing is intuitively clear: an individual is something of a specific kind that is a unity, having its own identity, and being so that it is possible at least in principle to discern it from any other individual, even of similar species. But when we try to leave the intuitive realm and push (...) this idea to a logical analysis, we find a cluster of problems that are difficult to overcome within standard logico-mathematical contexts. In this work, we shall be concerned with some aspects of this intuitive concept of an individual and on some related facts about individuation taken from recent discussions that arose ever since the inception of quantum theory, pushing the discussion to a “logical” view, which in our opinion is still lacking in the usual debates on such issues. In the final part of the paper, we propose a metaphysics where the notion of identity is substituted, for some objects, by a weaker notion of indiscernibility, and we try to justify such a move. In most of the uses of the expression “quantum theory”, we shall not make explicit the distinction between the non-relativistic and the relativistic approaches, although they of course are quite different, for we think that the problems as we shall present them appear in both versions. But, as the text goes, the context will distinguish between them and these questions will become clear to the reader. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try to sympathetically reconstruct (...) it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)