Randomized controlled trial trial designs exist on an explanatory-pragmatic spectrum, depending on the degree to which a study aims to address a question of efficacy or effectiveness. As conceptualized by Schwartz and Lellouch in 1967, an explanatory approach to trial design emphasizes hypothesis testing about the mechanisms of action of treatments under ideal conditions, whereas a pragmatic approach emphasizes testing effectiveness of two or more available treatments in real-world conditions. Interest in, and the number of, pragmatic trials has grown substantially (...) in recent years, with increased recognition by funders and stakeholders worldwide of the need for credible evidence to inform clinical decision-making. This increase has been accompanied by the onset of learning healthcare systems, as well as an increasing focus on patient-oriented research. However, pragmatic trials have ethical challenges that have not yet been identified or adequately characterized. The present study aims to explore the views of key stakeholders with respect to ethical issues raised by the design and conduct of pragmatic trials. It is embedded within a large, four-year project that seeks to develop guidance for the ethical design and conduct of pragmatic trials. As a first step, this study will address important gaps in the current empirical literature with respect to identifying a comprehensive range of ethical issues arising from the design and conduct of pragmatic trials. By opening up a broad range of topics for consideration within our parallel ethical analysis, we will extend the current debate, which has largely emphasized issues of consent, to the range of ethical considerations that may flow from specific design choices. Semi-structured interviews with key stakeholders, across multiple jurisdictions, identified based on their known experience and/or expertise with pragmatic trials. We expect that the study outputs will be of interest to a wide range of knowledge users including trialists, ethicists, research ethics committees, journal editors, regulators, healthcare policymakers, research funders and patient groups. All publications will adhere to the Tri-Agency Open Access Policy on Publications. (shrink)

This paper provides an exploration of whistleblowing as a protracted process, using secondary data from 868 cases from a whistleblower advice line in the UK. Previous research on whistleblowing has mainly studied this phenomenon as a one-off decision by someone perceiving wrongdoing within an organisation to raise a concern or to remain silent. Earlier suggestions that whistleblowing is a process and that people find themselves inadvertently turned into whistleblowers by management responses, have not been followed up by a systematic study (...) tracking the path of how a concern is repeatedly raised by whistleblowers. This paper provides a quantitative exploration of whistleblowing as a protracted process, rather than a one-off decision. Our research finds that the whistleblowing process generally entails two or even three internal attempts to raise a concern before an external attempt is made, if it is made at all. We also find that it is necessary to distinguish further between different internal as well as external whistleblowing recipients. Our findings suggest that whistleblowing is a protracted process and that this process is internally more protracted than previously documented. The overall pattern is that whistleblowers tend to search for a more independent recipient at each successive attempt to raise their concern. Formal whistleblower power seems to determine which of the available recipients are perceived as viable and also what the initial responses are in terms of retaliation and effectiveness. (shrink)

When agents violate norms, they are typically judged to be more of a cause of resulting outcomes. In this paper, we suggest that norm violations also affect the causality attributed to other agents, a phenomenon we refer to as "causal superseding." We propose and test a counterfactual reasoning model of this phenomenon in four experiments. Experiments 1 and 2 provide an initial demonstration of the causal superseding effect and distinguish it from previously studied effects. Experiment 3 shows that this causal (...) superseding effect is dependent on a particular event structure, following a prediction of our counterfactual model. Experiment 4 demonstrates that causal superseding can occur with violations of non-moral norms. We propose a model of the superseding effect based on the idea of counterfactual sufficiency. (shrink)

Auditory perception is traditionally conceived as the perception of sounds — a friend’s voice, a clap of thunder, a minor chord. However, daily life also seems to present us with experiences characterized by the absence of sound — a moment of silence, a gap between thunderclaps, the hush after a musical performance. In these cases, do we positively hear silence? Or do we just fail to hear, and merely judge or infer that it is silent? This longstanding question remains controversial (...) in both the philosophy and science of perception, with prominent theories holding that sounds are the only objects of auditory experience and thus that our encounter with silence is cognitive, not perceptual. However, this debate has largely remained theoretical, without a key empirical test. Here, we introduce a novel empirical approach, presenting experimental evidence that silence can be genuinely perceived (not just cognitively inferred). We ask whether silences can ‘substitute’ for sounds in event-based auditory illusions — empirical signatures of auditory event representation in which auditory events distort perceived duration. Seven experiments introduce three new ‘silence illusions’ — the one-silence-is-more illusion, silence-based warping, and the oddball-silence illusion — each adapted from a prominent perceptual illusion previously thought to arise only from sounds. Subjects were immersed in ambient noise interrupted by silences structurally identical to the sounds in the original illusions. In all cases, silences elicited temporal distortions perfectly analogous to the illusions produced by sounds. Our results suggest that silence is truly heard, not merely inferred, introducing a general approach for studying absence perception. (shrink)

Cognitive Science, Volume 46, Issue 6, June 2022.

Causal judgments are widely known to be sensitive to violations of both prescriptive norms (e.g., immoral events) and statistical norms (e.g., improbable events). There is ongoing discussion as to whether both effects are best explained in a unified way through changes in the relevance of counterfactual possibilities, or whether these two effects arise from unrelated cognitive mechanisms. Recent work has shown that moral norm violations affect causal judgments of agents, but not inanimate artifacts used by those agents. These results have (...) been interpreted as showing that prescriptive norm violations only affect causal reasoning about intentional agents, but not the use of inanimate artifacts, thereby providing evidence that the effect of prescriptive norm violations arises from mechanisms specific to reasoning about intentional agents, and thus casting doubt on a unified counterfactual analysis of causal reasoning. Four experiments explore this recent finding and provide clear support for a unified counterfactual analysis. Experiment 1 demonstrates that these newly observed patterns in causal judgments are closely mirrored by judgments of counterfactual relevance. Experiment 2 shows that the relationship between causal and counterfactual judgments is moderated by causal structure, as uniquely predicted by counterfactual accounts. Experiment 3 directly manipulates the relevance of counterfactual alternatives and finds that causal judgments of intentional agents and inanimate artifacts are similarly affected. Finally, Experiment 4 shows that prescriptive norm violations (in which artifacts malfunction) affect causal judgments of inanimate artifacts in much the same way that prescriptive norm violations (in which agents act immorally) affect causal judgments of intentional agents. (shrink)

Many contemporary theorists charge that naïve realists are incapable of accounting for illusions. Various sophisticated proposals have been ventured to meet this charge. Here, we take a different approach and dispute whether the naïve realist owes any distinctive account of illusion. To this end, we begin with a simple, naïve account of veridical perception. We then examine the case that this account cannot be extended to illusions. By reconstructing an explicit version of this argument, we show that it depends critically (...) on the contention that perceptual experience is diaphanous, or more minimally and precisely, that there can be no difference in phenomenal properties between two experiences without a difference in the scenes presented in those experiences. Finding no good reason to accept this claim, we develop and defend a simple, naïve account of both veridical perception and illusion, here dubbed Simple, Austere Naïve Realism. (shrink)

Measuring event-related potentials (ERPs) has been fundamental to our understanding of how language is encoded in the brain. One particular ERP response, the N400 response, has been especially influential as an index of lexical and semantic processing. However, there remains a lack of consensus on the interpretation of this component. Resolving this issue has important consequences for neural models of language comprehension. Here we show that evidence bearing on where the N400 response is generated provides key insights into what it (...) reflects. A neuroanatomical model of semantic processing is used as a guide to interpret the pattern of activated regions in functional MRI, magnetoencephalography and intracranial recordings that are associated with contextual semantic manipulations that lead to N400 effects. (shrink)

Many transnational corporations and international organizations have embraced corporate social responsibility to address criticisms of working and environmental conditions at subcontractors' factories. While CSR 'codes of conduct' are easy to draft, supplier compliance has been elusive. Even third-party monitoring has proven an incomplete solution. This article proposes that an alteration in the supply chain's governance, from an arms-length market model to a collaborative partnership, often will be necessary to effectuate CSR. The market model forces contractors to focus on price and (...) delivery as they compete for the lead firm's business, rendering CSR observance secondary, at best. A collaborative partnership where the lead firm gives select suppliers secure product orders and other benefits removes disincentives and adds incentives for CSR compliance. In time, the suppliers' CSR habit should shift their business philosophy toward pursuing CSR as an end in itself, regardless of buyer incentives and monitoring. This article examines these hypotheses in the context of the athletic footwear sector with Nike, Inc. and its suppliers as the specific case study. The data collected and conclusions reached offer strategies for advancing CSR beyond the superficial and often ineffectual 'code of conduct' stage. (shrink)

ABSTRACTRecent debate over the semantics and pragmatics of epistemic modals has focused on intuitions about cross-contextual truth-value assessments. In this paper, we advocate a different approach to evaluating theories of epistemic modals. Our strategy focuses on judgments of the incompatibility of two different epistemic possibility claims, or two different truth value assessments of a single epistemic possibility claim. We subject the predictions of existing theories to empirical scrutiny, and argue that existing contextualist and relativist theories are unable to account for (...) the full pattern of observed judgments. As a way of illustrating the theoretical upshot of these results, we conclude by developing a novel theory of epistemic modals that is able to predict the results. (shrink)

Traditionally, physicians and parents made decisions about children’s health care based on western practices. More recently, with legal and ethical development of informed consent and recognition for decision making, children are becoming active participants in their care. The extent to which this is happening is however blurred by lack of clarity about what children — of diverse levels of cognitive development — are capable of understanding. Moreover, when there are multiple surrogate decision makers, parental and professional conflict can arise concerning (...) children’s ‘best interest’. Giving children a voice and offering choice promotes their dignity and quality of life. Nevertheless, it also presents with many challenges. Case studies using pseudonyms and changed situational identities are used in this article to illuminate the complexity of ethical challenges facing nurses in end-of-life care with children and families. (shrink)

What is one to make of Sartre's treatment of his waiter in one of his famous analyses of bad faith? The example is supposed to be an obvious one, but the more we examine it, the less obvious it becomes. Let us remind ourselves of Sartre's example: Let us consider this waiter in the café. His movement is quick and forward, a little too precise, a little too rapid. He comes toward the patrons with a step a little too quick. (...) He bends forward a little too eagerly; his voice, his eyes express an interest a little too solicitous for the order of the customer. Finally there he returns, trying to imitate in his walk the inflexible stiffness of some kind of automaton while carrying his tray with a recklessness of a tight-rope walker by putting it in a perpetually unstable, perpetually broken equilibrium which he perpetually re-establishes by a light movement of the arm and hand. (shrink)

Fears of black-box algorithms are multiplying. Black-box algorithms are said to prevent accountability, make it harder to detect bias and so on. Some fears concern the epistemology of black-box algorithms in medicine and the ethical implications of that epistemology. In ‘Who is afraid of black box algorithms? On the epistemological and ethical basis of trust in medical AI,' Durán and Jongsma seek to allay such fears. While some of their arguments are compelling, we still see reasons for fear.

This paper explores the financial reporting scandals of the past decade and the resulting U.S. legislative attempts to impose ethical behavior and control the incidence of new reporting problems via the Sarbanes-Oxley legislation. We begin with a brief historical perspective followed by assertions of ethical consequences of legislation with discussions of key recent corporate scandals, the motives for the frauds, and the consequences. Ethics related provisions of the Sarbanes-Oxley Act are discussed with the potential impact of the legislation on the (...) likelihood of similar future frauds and accompanying prognosis for future corporate ethical behavior. (shrink)

In the past decade the central principles of western feminist theory have been dramatically challenged. many feminists have endorsed post-structuralism's rejection of essentialist theoretical categories, and have added a powerful gender dimension to contemporary critiques of modernity. Earlier 'women' have been radically undermined, and newer concerns with 'difference', 'identity', and 'power' have emerged. Destabilizing Theory explores these developments in a set of specially commissioned essays by feminist theorists. Does this change amount to a real shift within feminist theory, or will (...) feminism's links with an emancipatory modernism reinstate an older political agenda? Can we transcend the common counterposition of equality and difference, or is feminism condemned to argue within the terms of this binary opposition? (shrink)

This article presents a critical examination of the process of stakeholder dialogue in the Corporate Social Responsibility (CSR) field. It utilises data from a three-year research project into stakeholder dialogue processes to discuss three central themes: first, what is meant by the term ‘dialogue’, both from a theoretical perspective and from its practical application within CSR; second, the challenges of creating effective dialogue; and third, measuring and assessing the potential outcomes of dialogue. In providing a critical overview of these themes, (...) the article examines the nature of organisational learning through stakeholder engagement and dialogue. It questions the motives behind engagement in dialogue and highlights some of the potential challenges for organisational learning posed by opting for a stakeholder dialogue approach. It argues that organisations engaging in stakeholder dialogue must have a clear understanding of the implications of undertaking a dialogue process and have a long-term perspective regarding the outcomes and learning likely to emerge from it. While stakeholder dialogue may produce significant results, it is argued, many of these may be difficult to quantify on a short-term basis. (shrink)

In this article, the authors investigate the applicability and usefulness of three alternative perspectives on corporate issues management: issue life cycle theory, legitimacy theory, and stakeholder theory. Each perspective makes certain as- sumptions about the nature of issues management activities and certain general predictions about corporate social responsiveness. The authors test the relative applicability of the three theories through a case study of the issues management activities of four large forestry companies in Finland and Canada. The authors conclude that all (...) three perspectives have value but differ in the level of analysis and time frame to which they apply. (shrink)

Agrawal's carefully constructed arguments create a framework for environmental policy analysis. One only wishes the message were in a language and form that would draw in policy and advocacy readers, not just scholars.

Contractualist moral theories are often criticized on the grounds that they have counterintuitive implications for moral status. In this paper I attempt to provide a comprehensive answer to the question: What forms of contractualism face this problem, and how serious is the problem? To do this I develop a classification of different kinds of contractualist theory, based on philosophical motivation.

Abstract:The purpose of this paper is to suggest that at least one strain of what has come to be called “stakeholder theory” has roots that are deeply libertarian. We begin by explicating both “stakeholder theory” and “libertarian arguments.” We show how there are libertarian arguments for both instrumental and normative stakeholder theory, and we construct a version of capitalism, called “stakeholder capitalism,” that builds on these libertarian ideas. We argue throughout that strong notions of “freedom” and “voluntary action” are the (...) best possible underpinnings for stakeholder theory, and in doing so, seek to return “stakeholder theory” to its managerial and libertarian roots found in Freeman (1984). (shrink)

Recently, Jonardan Ganeri reviewed the collaborative translation of the first chapter of Gaṅgeśa's Tattvacintāmaṇi by Stephen H. Phillips and N. S. Ramanuja Tatacharya (Ganeri 2007). The review is quite favorable, and we have no desire to dispute his kind words. Ganeri does, however, put forth an argument in opposition to a fundamental line of interpretation given by Phillips and Ramanuja Tatacharya about the nature of pramāṇa, knowledge sources, as understood by Gaṅgeśa and, for that matter, Nyāya tradition. This (...) response is meant to answer the argument and reassert an understanding of pramāṇa as factive, that is, as knowledge sources that are inerrant. We argue that this is the best reading of Gaṅgeśa himself .. (shrink)

As a conscientious moral agent, a judge in a court of law often finds herself in a difficult position. She is confident that the law requires a certain result in the case before her, but she is at least as confident that this legally required result is unjust or otherwise morally objectionable. Consider some examples of cases in which a reasonable judge might consider herself to be in this position: ▪ The law of landlord and tenant can require a judge (...) to evict an impoverished, elderly widow from her apartment for missing rent payments.1 ▪ A student in a poor school district sues his state for providing a much lower caliber of education than students receive in wealthier districts. Binding legal precedent requires the judge to dismiss the student’s lawsuit. ▪ Binding precedents construing the Fourth Amendment require judges to exclude evidence obtained without a search warrant. As a result, a child molester is acquitted, and, predictably, strikes again. (shrink)

When judges decide cases in courts of law, are they ethically obligated to apply the law correctly? Many people who think about legal systems believe so. The conviction that judges are “bound” by the law is common among lawyers, judges, legal scholars, and members of the general public. One of the most severe accusations one can make against a public official is that she has deviated from the law in her official capacity. The principle of judicial fidelity figures centrally in (...) one of the most celebrated Western political values: the rule of law. This is an ideal which some Western powers, notably the United States, aspire to export on a global scale. The principle of judicial fidelity implies many basic norms of adjudication. These vary from one legal system to another, but in Anglo-American systems they include the following: trial judges must take all admissible evidence into account; judges must follow recognized sources of law, such as constitutions, legislation, and common-law rules; inferior courts must follow superior court rulings on matters of law; courts should give at least substantial weight even to “horizontal” precedent; et cetera. Limits of Legality is a scholarly monograph, in progress, that advances our understanding of the principle of judicial fidelity and defends a refined and unorthodox version of it. The book draws on my background as both a lawyer and a philosopher, addressing issues at the intersection of legal philosophy and ethical theory. It breaks new ground in the normative theory of adjudication – the branch of legal philosophy that concerns how judges in courts of law should decide cases. Mine is one of the first projects to apply the resources of contemporary normative ethics to central questions concerning the rule of law and judicial obligation. I model the normative presuppositions of existing theories of the rule of law in terms that take into account developments in ethical theory over the past two decades.. (shrink)

Several writers have argued recently that optimal rules of law authorize morally suboptimal decisions in certain cases.1 Larry Alexander calls these “gap cases.”2 Should judges in gap cases defer to legal rules or deviate from them? Philosophers known as “formalists” favor deference, “particularists” favor deviation.

In the State of Bernstein, operating a motor vehicle on a suspended license is a misdemeanor, punishable by permanent loss of one’s license. Officer Krupke arrests everyone who does this, as Tony has. But Tony says, “Gee, Officer Krupke, can’t you bend the rules? I went to your high school, you know.” Tony’s using a euphemism. He’s really asking Krupke to break the rules. Is there, however, a non-euphemistic way to bend a rule of law, without breaking it? More precisely, (...) can we ever bend a rule while still applying it, in some sense, or is this just doubletalk? Consider the case of Maria, whose driver’s license has also been suspended. Maria lives with her mother in a remote area, twenty miles from the nearest doctor. Maria’s mother comes down with a fever of one hundred two. It’s not life-threatening, but Maria wants to spare her mother suffering and hasten recovery, so she drives to the hospital herself, rather than waiting for an ambulance to make the trip out and back. Unfortunately for Maria, the statute contains no applicable exception. I stipulate that this statute is not unjust or otherwise defective, as written. Suppose there are conclusive reasons for legislators not to complicate the statute with exceptions broad enough to cover cases such as Maria’s. Writing such exceptions would encourage sub-optimal misapplication of the exception by judges and sub-optimal misconduct by legal subjects who would anticipate judicial misapplication of the statutory exception. Nevertheless, most will agree that Maria has strong reasons to act as she does. Rare is the writer who insists that rules of law trump all other reasons that bear on legal subjects. Some will insist that we give Maria’s mother a condition more life-threatening before they’ll assent. (shrink)

According to the standard positivist picture of law, each legal system contains a master rule that specifies criteria of legality for primary rules.1 A central debate in legal philosophy during the past twenty-five years has concerned the content of the master rule. Exclusive positivists insist that the master rule can only make reference to social facts or sources: “pedigree” criteria.2 As Ronald Dworkin emphasizes, however, some rulings can’t be justified exclusively by reference to pedigreed legal norms.3 Judges sometimes exercise.

The two target articles agree that processes of cultural evolution generate richness and diversity in music, but neither address this question in a focused way. We sketch one way to proceed – and hence suggest how the target articles differ not only in empirical claims, but also in their tacit, prior assumptions about the relationship between cognition and culture.