Background: The law and literature about children’s consent generally assume that patients aged under-18 cannot consent until around 12 years, and cannot refuse recommended surgery. Children deemed pre-competent do not have automatic rights to information or to protection from unwanted interventions. However, the observed practitioners tend to inform young children s, respect their consent or refusal, and help them to “want” to have the surgery. Refusal of heart transplantation by 6-year-olds is accepted. Research question: What are possible reasons to explain (...) the differences between theories and practices about the ages when children begin to be informed about elective heart surgery, and when their consent or refusal begins to be respected? Research design, participants and context: Research methods included reviews of related healthcare, law and ethics literature; observations and conversations with staff and families in two London hospitals; audio-recorded semi-structured interviews with a purposive sample of 45 healthcare professionals and related experts; interviews and a survey with parents and children aged 6- to 15-years having elective surgery (not reported in this paper); meetings with an interdisciplinary advisory group; thematic analysis of qualitative data and co-authorship of papers with participants. Ethical considerations: Approval was granted by four research ethics committees/authorities. All interviewees gave their informed written consent. Findings: Interviewees explained their views and experiences about children’s ages of competence to understand and consent or refuse, analysed by their differing emphases on informed, signified or voluntary consent. Discussion: Differing views about children’s competence to understand and consent are associated with emphases on consent as an intellectual, practical and/or emotional process. Conclusion: Greater respect for children’s practical signified, emotional voluntary and intellectual informed consent can increase respectful understanding of children’s consent. Nurses play a vital part in children's practitioner-patient relationships and physical care and therefore in all three elements of consent. (shrink)

Life typically becomes an object of reflection when it is seen to be under threat. In particular, humans have a tendency to engage in thinking about life (instead of just continuing to live it) when being confronted with the prospect of death: be it the death of individuals due to illness, accident or old age; the death of whole ethnic or national groups in wars and other forms of armed conflict; but also of whole populations, be they human or nonhuman. (...) Even though Minimal Ethics for the Anthropocene is first and foremost concerned with life--understood as both a biological and social phenomenon--it is the narrative about the impending death of the human population (i.e., about the extinction of the human species), that provides a context for its argument. "Anthropocene" names a geo-historical period in which humans are said to have become the biggest threat to life on earth. However, rather than as a scientific descriptor, the term serves here primarily as an ethical injunction to think critically about human and nonhuman agency in the universe. Restrained in tone yet ambitious in scope, the book takes some steps towards outlining a minimal ethics thought on a universal scale. The task of such minimal ethics is to consider how humans can assume responsibility for various occurrences in the universe, across different scales, and how they can respond to the tangled mesh of connections and relations unfolding in it. Its goal is not so much to tell us how to live but rather to allow us to rethink "life" and what we can do with it, in whatever time we have left. The book embraces a speculative mode of thinking that is more akin to the artist's method; it also includes a photographic project by the author."--Publisher's description. (shrink)

The aim of this chapter is to engage with the inherent humanism of bioethics and consider the possibility of thinking bioethics otherwise - beyond the belief in the intrinsic dignity and superior value of the human, and beyond the rules and procedures rooted in this belief. It is also to challenge what we may call the ‘cognitivist pretence’ of humanism, i.e. the conviction that the human can be distinguished from other forms of life by the inherent ‘truth’ and teleology of (...) his being which is to be revealed to him, and which he can uniquely grasp. The human as both a discrete subject and an object of bioethics becomes thus a critical point of interrogation in this study. What I want to outline in response is a non-systemic bioethics of relations which does not abdicate its ethical responsibility or its political commitment, although it questions many of the premises of established moral and political theories. Indeed, I want to ‘put to the test the pretentious belief that only a liberal and humanistic view of the subject can guarantee basic elements of human decency: moral and political agency and ethical probity’. But my project is more genealogical than futurologist. By revisiting the story of bioethics’ emergence as a separate discipline, I want to consider the following question: what if the cyborg rather than the human had been adopted as its foundation? Or, to put it another way, what would a bioethics for humans, animals and machines look like? (shrink)

In this case study, I consider Mr. A, a Jehovah’s Witness with chronic vertebral osteomyelitis in need of surgical debridement. Prior to proceeding to the OR, he was unwilling either to explicitly consent to or refuse blood transfusion, while indicating he was open to transfusion intraoperatively, if the team judged it necessary. Ethics was consulted to determine if it would be morally justifiable for the team to proceed with blood transfusion during the course of surgery without Mr. A’s documented consent (...) to being transfused. I argue that in this case, what might be termed indirect consent—namely, delegating decision-making regarding some possible course of action without explicitly consenting to the course of action itself—may be sufficient for discharging the clinician’s ethical obligation to obtain consent. Identifying information has been changed or omitted to protect patient confidentiality. (shrink)

Provides character education through different scenarios that demonstrate children being responsible.

Habermas has argued that many of the endemic socio- economic problems of Western society are either symptoms or prod ucts of a 'lopsided' process of cultural rationalization, one that has emphasized instrumental forms of rationality over communicative. But other than presenting a rather general typology of lifeworld pathologies, Habermas has not done much to specify what these problems might be, nor has he provided any 'middle-range' analysis of the mechanisms through which they might be generated. This paper discusses some of (...) the ways in which, consistent with Haber mas's general framework, rational choice theory can be used for pre cisely this task. In this analysis, rational choice theory is not presented as a comprehensive theory of action, but is employed as a critical- diagnostic tool that allows the theorist to identify undesirable social interaction patterns that arise from a broader instrumentalization of the lifeworld. Key Words: critical theory • Habermas • instrumental rationality • market failure • rational choice theory. (shrink)

The question of whether AI systems such as robots can or should be afforded moral agency or patiency is not one amenable either to discovery or simple reasoning, because we as societies constantly reconstruct our artefacts, including our ethical systems. Consequently, the place of AI systems in society is a matter of normative, not descriptive ethics. Here I start from a functionalist assumption, that ethics is the set of behaviour that maintains a society. This assumption allows me to exploit the (...) theoretical biology of sociality and autonomy to explain our moral intuitions. From this grounding I extend to consider possible ethics for maintaining either human- or of artefact-centred societies. I conclude that while constructing AI systems as either moral agents or patients is possible, neither is desirable. In particular, I argue that we are unlikely to construct a coherent ethics in which it it is ethical to afford AI moral subjectivity. We are therefore obliged not to build AI we are obliged to. (shrink)

Moriarty argues that the Market Failures Approach to business ethics is inapplicable to “real world” problems, because it treats “market failure” as a failure to achieve Pareto efficiency. Depending upon how it is applied, Pareto efficiency is either trivially easy to satisfy or else so demanding that no real-world market could ever satisfy it. In this Commentary, I argue that Moriarty overstates these difficulties. The regulatory structure governing markets is best understood as an attempt to maximize the number of Pareto-improving (...) exchanges that occur. There is no reason to think business self-regulation cannot be guided by the same normative-conceptual framework. (shrink)

The recent renewal of interest in the philosophy of Henri Bergson has increased both recognition of his influence on twentieth-century philosophy and attention to his relationship to phenomenology. Until now, the question of Martin Heidegger’s debt to Bergson has remained largely unanswered. Heidegger’s brief discussion of Bergson in Being and Time is geared toward explaining why he fails in his attempts to think more radically about time. Despite this dismissal, a close look at Heidegger’s early works dealing with temporality reveals (...) a sustained engagement with Bergson’s thought. In The Origin of Time, Heath Massey evaluates Heidegger’s critique of Bergson and examines how Bergson’s efforts to rethink time in terms of duration anticipate Heidegger’s own interpretation of temporality. Massey demonstrates how Heidegger follows Bergson in seeking to uncover “primordial time” by disentangling temporality from spatiality, how he associates Bergson with the tradition of philosophy that covers up this phenomenon, and how he overlooks Bergson’s ontological turn in Matter and Memory. Through close readings of early major works by both thinkers, Massey argues that Bergson is a much more radical thinker with respect to time than Heidegger allows. (shrink)

In the recent philosophical literature, several counterexamples to the interpretative principle that symmetry-related models are physically equivalent have been suggested The Oxford handbook of philosophy of physics, Oxford University Press, Oxford, 2013, Noûs 52:946–981, 2018; Fletcher in Found Phys 50:228–249, 2020). Arguments based on these counterexamples can be understood as arguments from scientific practice of roughly the following form: because in scientific practice such-and-such symmetry-related models are treated as representing distinct physical situations, these models indeed represent distinct physical situations. In (...) this paper, a strategy for analysing arguments of this type is presented and applied to the examples that can be found in the literature. I argue that if we are exclusively interested in models understood as representing entire possible worlds, arguments from scientific practice should involve some additional assumptions to guarantee they are relevant for models understood in this way. However, none of the examples presented in the literature satisfy all these additional assumptions, which leads to the conclusion that arguments from scientific practice based on these examples do not undermine the interpretative principle that different symmetry-related models represent the same possible world. (shrink)

Loss of the Y‐chromosome is a common feature of species with chromosomal sex determination. However, our understanding of why some lineages frequently lose Y‐chromosomes while others do not is limited. The fragile Y hypothesis proposes that in species with chiasmatic meiosis the rate of Y‐chromosome aneuploidy and the size of the recombining region have a negative correlation. The fragile Y hypothesis provides a number of novel insights not possible under traditional models. Specifically, increased rates of Y aneuploidy may impose positive (...) selection for (i) gene movement off the Y; (ii) translocations and fusions which expand the recombining region; and (iii) alternative meiotic segregation mechanisms (achiasmatic or asynaptic). These insights as well as existing evidence for the frequency of Y‐chromosome aneuploidy raise doubt about the prospects for long‐term retention of the human Y‐chromosome despite recent evidence for stable gene content in older non‐recombining regions. (shrink)

A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened unjust (...) harm. Others may favour a purely noninstrumental account of liability: one that looks only to the past behaviour of the potentially liable person. We argue that both views are vulnerable to serious objections. Instead we develop and defend a new view of liability to defensive harm: the pluralist account. The pluralist account states that liability to defensive harm has at least two bases. First, if an attacker is morally or culpably responsible for an unjust attack then he has forfeited what we call his agency right, and in doing so he has made himself partially liable to defensive harm. Whether the attacker is fully liable to defensive harm depends, however, on whether the imposition of defensive harm would infringe a different right held by the attacker: his humanitarian right. Humanitarian rights are rights to be provided with urgently needed resources or to be protected from serious harms when others can do so at reasonably low cost. We argue the pluralist account avoids the objections to which the instrumental and noninstrumental views are vulnerable, coheres with our intuitive reactions in a wide range of cases, and sheds new light on the way different rights combine to determine a person's liability to suffer harm. (shrink)

Conferring legal personhood on purely synthetic entities is a very real legal possibility, one under consideration presently by the European Union. We show here that such legislative action would be morally unnecessary and legally troublesome. While AI legal personhood may have some emotional or economic appeal, so do many superficially desirable hazards against which the law protects us. We review the utility and history of legal fictions of personhood, discussing salient precedents where such fictions resulted in abuse or incoherence. We (...) conclude that difficulties in holding “electronic persons” accountable when they violate the rights of others outweigh the highly precarious moral interests that AI legal personhood might protect. (shrink)

In this paper, we discuss the processes of racialisation on the example of biomedical research. We argue that applying the concept of racialisation in biomedical research can be much more precise, informative and suitable than currently used categories, such as race and ethnicity. For this purpose, we construct a model of the different processes affecting and co-shaping the racialisation of an individual, and consider these in relation to biomedical research, particularly to studies on hypertension. We finish with a discussion on (...) the potential application of our proposition to institutional guidelines on the use of racial categories in biomedical research. (shrink)

Since its advent in the 20th century, informed consent has become a cornerstone of ethical healthcare, and obtaining it a core obligation in medical contexts. In my dissertation, I aim to examine the theoretical underpinnings of informed consent and identify what values it is taken to protect. I will suggest that the fundamental motivation behind informed consent rests in something I’ll call bodily self-sovereignty, which I argue involves a coupling of two groups of values: autonomy and non-domination on the one (...) hand, and self-ownership and personal integrity on the other. I will then go on to consider two 'case studies' I take to shed light on what is at stake in securing informed consent - consent in psychiatrically ill populations, and consent to interventions that involve the modification of the genetic germline. (shrink)

There is an abundance of enthusiasm and optimism about how governments at all levels can make use of big data, algorithms and artificial intelligence. There is also growing concern about the risks that come with these new systems. This article makes the case for greater government transparency and accountability about uses of big data through a Government of Canada qualitative research case study. Adapting a method from critical cartographers, I employ counter-mapping to map government big data practices and internal discussions (...) of risk and challenge. I do so by drawing on interviews and freedom of information requests. The analysis reveals that there are more concerns and risks than often publicly discussed and that there are significant areas of silence that need greater attention. The article underlines the need for our democratic systems to respond to our new datafied contexts by ensuring that our institutions make changes to better protect citizen rights, uphold democratic principles and ensure means for citizen intervention. (shrink)

Unprecedented advances in medicine, genetic engineering, and demographic forecasting raise new questions that strain the categories and assumptions of traditional ethical theories. Heyd's approach resolves many paradoxes in intergenerational justice, while offering a major test case for the profound problems of the limits of ethics and the nature of value.

In Patricia Churchland's 2006 essay on free will, she cites the case of a middle-aged man who, without any prior history of misbehavior, suddenly became obsessed with child pornography and started to molest his 8-year-old stepdaughter. He was subsequently discovered to have a brain tumor affecting the frontal lobes, and when it is successfully treated his aberrant behavior stopped.Thomas Szasz is famous for his denunciation of the concept of mental illness, and his critique is partly responsible for instigating an enduring (...) philosophical discourse about the nature of mental disorder. Szasz's key insight was the recognition that we find it important to distinguish between situations that are characterized by... (shrink)

Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...) owners, all unknowingly, distribute such services contractually as they rent or sell sites. Rent or price is the market value of such services, net after disservices, as they affect each site. By distributing occupancies to those who can pay the highest price, land owners’ interests align with those of society. Without this, tenure would be precarious—by force or favor of politicians. The 18th-century separation of land from state, so little studied by historians, permitted the development of modern property in land. This change is perhaps “the greatest single step in the evolution of Society the world has ever seen.” When land owners realize that they market community services, they will organize to produce and administer them as well, and society will be made whole. (shrink)

In the decades since the Science Wars of the 1990s, climate science has become a crucible for the negotiation of claims about reality and expertise. This negotiation, which has drawn explicitly on the ideas and techniques of science and technology studies, has taken place in genres of fiction as well as non-fiction, which intersect in surprising ways. In this case study, I focus on two interwoven strands of this history. One follows Michael Crichton’s best-selling 2004 novel, State of Fear and (...) its reception by neo-conservatives as a commentary on the mis-uses of facts to stoke fear about anthropogenic climate change. The other considers Naomi Oreskes and Erik M. Conway’s 2010 publishing success Merchants of Doubt as the inverse, a demonstration of the forms of disinformation that have been used to undermine scientific consensus around climate change. I show that both Crichton’s as well as Oreskes and Conway’s approaches were critiqued by academic STS even as their accounts constituted the most high-profile performances of its stakes and the politics of knowledge since the Science Wars. In highlighting the STS practices deployed by each, as well as how those practices were differently linked to accusations of fear-mongering and a perversion of the purity of STS, I demonstrate the need for a reflexive history of STS. Such an approach, I argue, can better consider the social life of STS ideas and practices amidst calls for more politically-engaged approaches to knowledge production. (shrink)

Despite decades of concerted efforts to communicate to the public on important scientific issues pertaining to the environment and public health, gaps between public acceptance and the scientific consensus on these issues remain stubborn. One strategy for dealing with this shortcoming has been to focus on the existence of scientific consensus on the relevant matters. Recent science communication research has added support to this general idea, though the interpretation of these studies and their generalizability remains a matter of contention. In (...) this paper, we describe results of a qualitative interview study on different models of scientific consensus and the relationship between such models and trust of science, finding that familiarity with scientific consensus is rarer than might be expected. These results suggest that consensus messaging strategies may not be effective. (shrink)

Exercise-based rehabilitation forms a key part of the UK National Health Service patient-care pathway for cardiac rehabilitation (CR). Only around half of all eligible patients attend core CR, however, with social inequalities affecting participation. Few qualitative studies have explored in-depth the key factors influencing engagement with CR, specifically from a sociological theoretical, and ethnographic perspective. Utilising an ethnographic approach allowed us to get a sense of the embodied experiences of 10 participants attending or declining core CR, together with a further (...) seven family members/significant others. This provided in-depth appreciation of participants’ lifeworld contexts as key influences on CR participation. The article draws on these qualitative data and focuses on 1) participants’ initial thoughts about CR; and 2) navigating the field of CR, analysed via thematic analysis. We utilise a Bourdieusian theoretical perspective to theorise the findings, including salient socio-cultural factors influencing attendance/non-attendance and (non)adherence. The article findings highlight how perceptions of CR and the ability to navigate the field are strongly influenced by habitus and capital, and how personal biographies and socio-material conditions affect adherence to CR programmes. The study provides original insights into embodied experiences of exercise-based CR, and novel understandings of the reasons for drop-out/poor adherence, theorised from a Bourdieusian perspective. (shrink)

Absolute velocities in Newtonian mechanics are commonly regarded as unmeasurable. Roberts (Br J Philos Sci 59(2):143–168, 2008) provides a justification for this thesis which appeals to the observational indistinguishability of boost-related models of Newtonian mechanics. Middleton and Murgueitio Ramírez (Australas J Philos, 2020) criticise his argumentation by pointing out that his analysis of the notion of measurement is too restrictive, and that, under a weaker analysis (based on counterfactuals), absolute velocities are measurable. Jacobs (Australas J Philos, 2020) opposes their view, (...) arguing that, on a properly formulated counterfactual-based account of measurement, absolute velocities are unmeasurable. However, in his argument, observational indistinguishability plays no role, even though, intuitively, it is very relevant for the issue of (un)measurability. This paper’s aim is to bring observational indistinguishability back to this discussion. I build upon the observation that there is an analogy between possible views on knowledge and justification on the one hand, and on measurement on the other. In particular, I explore the distinction between externalist and internalist approaches. Counterfactual-based accounts are all externalist, whereas the observational indistinguishability of boost-related models becomes relevant if we are interested in an internalist concept of measurement. (shrink)

Each year thousands of individuals enrol in clinical trials as healthy volunteers to earn money. Some of them pursue research participation as a full-time or at least a part-time job. They call themselves professional or semiprofessional guinea pigs. The practice of paying healthy volunteers raises numerous ethical concerns. Different payment models have been discussed in literature. Dickert and Grady argue for a wage-payment model. This model gives research subjects a standardised hourly wage, and it is based on an assumption that (...) research participation is morally indistinguishable from other forms of unskilled labour. In this paper, I will challenge this assumption. I will argue that human guinea pigging has particular characteristics which taken together make it significantly different from other forms of labour. Participation in research is skill-independent. Healthy volunteers are valuable not because they are skilful persons, but because they are human bodies. The role of research volunteers is mainly passive. They are not asked to produce goods or deliver services. They are paid for enduring unpleasant, painful and risky interventions performed by investigators. Research volunteering involves inherent risks and uncertainties, and subjects have little or no control over their minimisation and materialisation. I conclude that participation in clinical research is a specific kind of activity. It is more like renting out one’s body to strangers, than working. Thus, research participation should not be treated on par with other forms of employment. (shrink)

This work analyzes the centrality of law in nineteenth-century historical and institutional economics and is a prehistory to the new institutional economics of the late twentieth century. In the 1830s the 'new science of law' aimed to explain the working rules of human society by using the methodologically individualist terms of economic discourse, stressing determinism and evolutionism. Practitioners stood readier than contemporary institutionalists to admit the possibilities of altruistic values, bounded rationality, and institutional inertia into their research program. Professor Pearson (...) shows that the positive analysis of law tended to push normative discussions up from the level of specific laws to that of society's political organization. The analysis suggests that the professionalization of the social sciences - and the new science's own imprecision - condemned the program to oblivion around 1930. Nonetheless, institutional economics is currently developing greater resemblances to the now-forgotten new science. (shrink)

The article investigates the relations between Hausdorff and non-Hausdorff manifolds as objects of general relativity. We show that every non-Hausdorff manifold can be seen as a result of gluing together some Hausdorff manifolds. In the light of this result, we investigate a modal interpretation of a non-Hausdorff differential manifold, according to which it represents a bundle of alternative space-times, all of which are compatible with a given initial data set.

Recently, scholars have described the emotional consequences of transnational motherhood on families. Research, however, has neglected to address the lives of migrant fathers and how they compare to those of migrant mothers. This article fills the gap by analyzing the experiences of Mexican transnational mothers and fathers residing in New Jersey. Ethnographic data and interviews show that parents behave in similar ways when internationally separated from children. However, their migration patterns and emotional responses to separation differ. I show that these (...) differences are tied to Mexican gender ideology in which women’s maternal roles are sacralized, whereas fathers’ roles are tied to financial provision. Although the contemporary Mexican transnational family structure challenges gender norms, the analysis of how parents understand their family roles when separated from their children proves gender ideals to be highly durable in the transnational context. (shrink)

This study examines the conflation of terms such as “knowledge” and “understanding” in peer-reviewed literature, and tests the hypothesis that little current research clearly distinguishes between importantly distinct epistemic states. Two sets of data are presented from papers published in the journal Public Understanding of Science. In the first set, the digital text analysis tool, Voyant, is used to analyze all papers published in 2014 for the use of epistemic success terms. In the second set of data, all papers published (...) in Public Understanding of Science from 2010–2015 are systematically analyzed to identify instances in which epistemic states are empirically measured. The results indicate that epistemic success terms are inconsistently defined, and that measurement of understanding, in particular, is rarely achieved in public understanding of science studies. We suggest that more diligent attention to measuring understanding, as opposed to mere knowledge, will increase efficacy of scientific outreach and communication efforts. (shrink)

In this article, we analyse how researchers use the categories of race and ethnicity with reference to genetics and genomics. We show that there is still considerable conceptual “messiness” (despite the wide-ranging and popular debate on the subject) when it comes to the use of ethnoracial categories in genetics and genomics that among other things makes it difficult to properly compare and interpret research using ethnoracial categories, as well as draw conclusions from them. Finally, we briefly reconstruct some of the (...) biases of reductionism to which geneticists (as well as other researchers referring to genetic methods and explanations) are particularly exposed to, and we analyse the problem in the context of the biologization of ethnoracial categories. Our work constitutes a novel, in-depth contribution to the debate about reporting race and ethnicity in biomedical and health research. First, we reconstruct the theoretical background assumptions about racial ontology which researchers implicitly presume in their studies with the aid of a sample of recent papers published in medical journals about COVID-19. Secondly, we use the typology of the biases of reductionism to the problem of biologization of ethnoracial categories with reference to genetics and genomics. (shrink)