Although the idea of the public interest features prominently in many accounts of deliberative democracy, the relationship between deliberative democracy and the public interest is rarely spelt out with any degree of precision. In this article, I identify and defend one particular way of framing this relationship. I begin by arguing that people can deliberate about the public interest only if the public interest is, in principle, identifiable independently of their deliberations. Of course, some pluralists claim that the public interest (...) is an implausible idea, which casts doubt on the idea that there might be something for people to deliberate about. Yet while, following Brian Barry, we can get around this problem by defining the public interest as an interest in which everyone shares qua member of the public, what still needs to be explained is why people should be prepared to privilege this particular capacity. I argue that the account of political equality with which deliberative democracy is bound up offers a compelling explanation of this sort, even if it also gives rise to some difficult questions of feasibility. I conclude by considering the charge that any political scheme that framed the relationship between deliberative democracy and the public interest in this way would be undesirable. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

(2012). Introduction: The value and limits of rights: essays in honour of Peter Jones. Critical Review of International Social and Political Philosophy: Vol. 15, The Value and Limits of Rights: Essays in Honour of Peter Jones, pp. 387-394. doi: 10.1080/13698230.2012.699394.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

The concept of economic rent is among the oldest in political economy. This reflects the fact that economies have always included parties whose income appears more parasitic than productive. The concept of rent-seeking refers to the efforts of parties seeking to secure such income by way of gaining influence over economic regulation or otherwise gaining favors from government. In spite of its intuitiveness, however, it has proven difficult to precisely distinguish rent from other categories of income. This chapter seeks to (...) acquaint readers with this problem. The privatization of incarceration is then supplied as an important case study in current rent-seeking behavior. (shrink)

because whenever an observer observes, he creates a contingent distinction between what is observed and what is by necessity left unobserved. ...

Aim To examine the contribution of programme year and demographic factors to medical students’ perceptions of evidence-based classification categories of professional misconduct. Methods Students at an Irish medical school were administered a cross-sectional survey comprising 31 vignettes of professional misconduct, which mapped onto a 12-category classification system. Students scored each item using a 5-point Likert scale, where 1 represents the least severe form of misconduct and 5 the most severe. Results Of the 1012 eligible respondents, 561 students completed the survey, (...) providing a response rate of 55%. Items pertaining to disclosure of conflict of interest were ranked as the least severe examples of professional misconduct, and this perception was highest among finalyear students. While ratings of severity declined for items related to ‘inappropriate conduct not in relation to patient’ and ‘inappropriate use of social media’ between years 1 and 3, ratings for both categories increased again among clinical cycle students. Conclusions Increased clinical exposure during years 4 and 5 of the undergraduate programme was associated with better recognition of the importance of selected professional domains. Disclosure of conflict of interest is identified as an area of medical professionalism that requires greater emphasis for students who are at the point of transition from student to doctor. (shrink)

Long the subject of speculation, the origin, distribution, and quality of Mesozoic source beds in the deepwater Gulf of Mexico are now open to analytical study and hypothesis. We have developed new maps and concepts for organic richness and lithofacies patterns of the primary Upper Jurassic oil-prone source rock interval spanning the Kimmeridgian to Lower Berriasian in the northern GOM. This interval, previously referred to as the Tithonian-centered source, includes the Haynesville and Bossier shales, which lie within supersequences representing second-order (...) transgressive and high-stand systems tracts, respectively. A newly developed gulf-wide Cotton Valley-Bossier paleogeographic map based on a novel paleotectonic model for the Mesozoic provides the framework for this source mapping study. Organic richness averages up to 4.7% and 6.5% total organic carbon for the Kimmeridgian and Tithonian-Lower Berriasian supersequences, respectively, based on the log overlay [Formula: see text] technique and increases toward the basin center. Lithofacies-sensitive geochemical parameters from reservoired oils and oil seeps tied to the Tithonian-centered oil family demonstrate several potential entry locations for siliciclastic sediments into the Tithonian distal calcareous environment. The region from Garden Banks to Alaminos Canyon appears to be the locus of siliciclastic mixing with carbonates in the deepwater and link with updip evidence of a wide progradational clastic apron sourced by the paleo-Mississippi river. This siliciclastic input may contribute to the potential for improved oil quality by lowering the content of sulfur incorporated into kerogen moving southwest from Ewing Bank-Mississippi Canyon to Alaminos Canyon. Ultimately, enhanced Upper Jurassic source deposition ended with a ventilation event whereby more oxygenated, deeper water entered the northern GOM. Declines in calculated total organic carbon occurring later to the west during the earliest Cretaceous indicate the opening of the gateway between the GOM and the central Atlantic possibly related to the termination of seafloor spreading in the eastern GOM. (shrink)

Philosophers of science discuss whether theory selection depends on aesthetic judgments or criteria, and whether these putatively aesthetic features are genuinely extra-epistemic. As examples, judgments involving criteria such as simplicity and symmetry are often cited. However, other theory selection criteria, such as fecundity, coherence, internal consistency, and fertility, more closely match those criteria used in art contexts and by scholars working in aesthetics. Paying closer attention to the way these criteria are used in art contexts allows us to understand some (...) evaluative and developmental practices in scientific theory selection as genuinely aesthetic, enlarging the scope of the goals of science. (shrink)

O DIREITO ENTRE O ESTADO E O ESTADO DE DIREITO: REVISITANDO A TEORIA DO DIREITO E DO ESTADO DE LEÓN DUGUIT.

BackgroundSocio-cultural perceptions surrounding death have profoundly changed since the 1950s with development of modern intensive care and progress in solid organ transplantation. Despite broad support for organ transplantation, many fundamental concepts and practices including brain death, organ donation after circulatory death, and some antemortem interventions to prepare for transplantation continue to be challenged. Attitudes toward the ethical issues surrounding death and organ donation may influence support for and participation in organ donation but differences between and among diverse populations have not (...) been studied.ObjectivesIn order to clarify attitudes toward brain death, organ donation after circulatory death and antemortem interventions in the context of organ donation, we conducted a scoping review of international English-language quantitative surveys in various populations.Study appraisalA search of literature up to October 2020 was performed, using multiple databases. After screening, 45 studies were found to meet pre-specified inclusion criteria.Results32 studies examined attitudes to brain death, predominantly in healthcare professionals. In most, around 75% of respondents accepted brain death as equivalent to death of the person. Less common perspectives included equating death with irreversible coma and willingness to undertake organ donation even if it caused death. 14 studies examined attitudes to organ donation following circulatory death. Around half of respondents in most studies accepted that death could be confidently diagnosed after only 5 min of cardiorespiratory arrest. The predominant reason was lack of confidence in doctors or diagnostic procedures. Only 6 studies examined attitudes towards antemortem interventions in prospective organ donors. Most respondents supported minimally invasive procedures and only where specific consent was obtained.ConclusionsOur review suggests a considerable proportion of people, including healthcare professionals, have doubts about the medical and ethical validity of modern determinations of death. The prognosis of brain injury was a more common concern in the context of organ donation decision-making than certainty of death. (shrink)

Unidad de excelencia María de Maeztu MdM-2015-0552.

Following the financial crisis of 2008, the Treasury Committee of the UK House of Commons undertook an inquiry into the lessons that might be learned from the banking crisis. Paul Moore, head of group regulatory risk at Halifax Bank of Scotland during 2002–2005, provided evidence of his experience of questioning HBOS policies which resulted in his dismissal from HBOS. The problems that surfaced at HBOS during the financial crisis were so serious that it was forced to merge with Lloyds TSB, (...) another UK bank, to form the Lloyds Banking Group in which the government took a significant stake. Moore’s evidence to the Treasury Committee revealed that long before the financial crisis, he had raised major concerns with the management of HBOS and with the Financial Services Authority, the UK financial services regulator. Moore’s evidence led to the submission of further disclosures, replies and rejoinders as evidence to the Treasury Committee. Moore’s case is therefore of considerable interest to researchers of whistleblowing because it is a rare instance of high-level whistleblowing, the details of which subsequently entered the public domain. The information revealed in evidence to the Treasury Committee sheds light on the process of whistleblowing in the context of the governance and regulation of a major UK bank that subsequently had to be rescued by government intervention during the financial crisis. The paper makes a contribution to the wider literature on whistleblowing, and to a greater understanding of aspects of the financial crisis. (shrink)

Ground s’enfronta al xoc de l’art contemporani plantejant, a manera de reflexió filosòfica, aquelles preguntes «grolleres» que semblaven confinades en la resposta de l’home del carrer o del crític reaccionari: no és una xorrada aquesta pila de rajoles al museu? No obstant això, la seua intenció no és fer-nos prendre partit a favor o en contra de determinades obres d’art del Minimal o del Conceptual. El que batega al fons del llibre de Ground és una defensa de l’art contemporani quan (...) reivindica la seua intel·ligibilitat com un tret centralment constitutiu d’aquest. Una defensa que passa, necessàriament, per mantenir en peus la vigència de la pregunta que dóna títol al llibre, a pesar dels intents recents per anul·lar-la o per relegar-la a una desautorització ingenuista i/o reaccionària de «tot» l’art contemporani. (shrink)

Privacy has been defined as “the protective buffer within which people can avoid another party’s taking something from them, keeping watch over them, or entering into their lives in a way that is both unwelcome and undesirable”. It is a premise of this paper that such a position needs to be taken very seriously in contemporary society, and particularly in the case of schools, as school personnel have the capacity to engage in practices which show great disregard for individual and (...) family privacy. This is illustrated in the case of primary school education in the Republic of Ireland. Particular attention is paid to assessment, pedagogical and curricular practices that derive from patterns of systematic and mandatory disclosure that are confessional, performative and public. (shrink)

Through the use of Bayesian probability theory and Communication theory, a formal mathematical model of a Churchmanian Dialectical Inquirer is developed. The Dialectical Inquirer is based on Professor C. West Churchman's novel interpretation and application of Hegelian dialectics to decision theory. The result is not only the empirical application of dialectical inquiry but also its empirical (i.e., scientific) investigation. The Dialectical Inquirer is seen as especially suited to problems in strategic policy formation and in decision theory. Finally, specific application of (...) the inquirer is made to Popper's notions for ‘The Test of Severity’ of a scientific theory. (shrink)

Using video to facilitate data collection has become increasingly common in health research. Using video in research, however, does raise additional ethical concerns. In this paper we utilize family therapy data to provide empirical evidence of how recording equipment is treated. We show that families made a distinction between what was observed through the video by the reflecting team and what was being recorded onto videotape. We show that all parties actively negotiated what should and should not go ‘on the (...) record’, with particular attention to sensitive topics and the responsibility of the therapist. Our findings have important implications for both clinical professionals and researchers using video data. We maintain that informed consent should be an ongoing process and with this in mind we present some arguments pertaining to the current debates in this field of health-care practice. (shrink)

State laws dictating “informed consent” about surgical and chemical abortions sometimes ensnare emergency contraceptives, as the science surrounding EC shows. Courts evaluating mandated disclosures gravitate to professional norms rather than the information most women would value: basic factual information about EC so that they can decide for themselves whether to use these drugs.