This thesis examines procedures for ascribing ambiguity to particular sentences and words of a language. My discussion focuses on theories advanced by Keith Donnellan, Saul Kripke and David Kaplan regarding the alleged referential/attributive ambiguity of definite descriptions, and on arguments offered by Paul Ziff, David Wiggins and Jerrold Katz concerning the ambiguity of the word 'good'. I distinguish two kinds of semantic ambiguity, which I call "strong" and "weak", and develop a theoretical model of the former. Using this model, I (...) devise and evaluate a number of theoretically related practical tests designed to detect the presence of ambiguity in concrete cases. I argue against direct appeals to our intuitions of meaning, to Occam's Razor, to grammatical analyses and to foreign languages in settling disputed ascriptions of ambiguity. I favor procedures which indirectly test our intuitions of meaning by isolating the linguistic effects of mixing and shifting senses. My tests rely on the assumption that the effects which accompany the use of truly ambiguous expressions are distinguishable from the mere pragmatic uncertainty which permeates general language use. Semantically ambiguous terms are viewed as awkward linguistic devices whose use, for example, will occasionally produce humor, as in the case of a pun, or deceptively bad reasoning. The account I develop rests heavily on the traditional theory of meaning , and to the extent that the standards I erect furnish better evidence for an ascription of semantic ambiguity, to that extent they ratify the classical analysis of meaning. (shrink)

The right not to know is a contested matter. This can be because the inversion of the normal framing of entitlement to information about one's own health is thought to be illogical and inconsistent with self-authorship and/or because the very idea of claiming a right not to know information is an inappropriate appeal to the discourse of rights that places impossible responsibilities on others. Notwithstanding, there has been a sustained increase in this kind of appeal in recent years fueled in (...) large part by the rise and rise of the importance of personal autonomy in health care ethics, and by domestic and international health law. The right not to know has been acknowledged in at least two important international legal instruments. For example, the UNESCO Universal Declaration on the Human Genome and Human Rights, Article 5c provides: “The right of every individual to decide whether or not to be informed of the results of genetic examination and the resulting consequences should be respected.”. (shrink)

This article argues for the importance of conceptual clarity in the debate about the so-called right not to know. This is vital both at the theoretical and the practical level. It is suggested that, unlike many formulations and attempts to give effect to this right, what is at stake is not merely an aspect of personal autonomy and therefore cannot and should not be reduced only to a question of individual choice. Rather, it is argued that the core interests that (...) can be protected by the right not to know are better conceived of as privacy interests rather than autonomy interests. This not only helps us to understand what is in play but also informs regulatory, professional, and legal responses to handling information and taking decisions about whether or not to disclose information to persons about themselves. The practical implications of this conceptualization are explored in the context of feedback policies in health-related research. (shrink)

Gilbert et al. have raised important questions about the empirical grounding of neuroethical analyses of the apparent phenomenon of Deep Brain Stimulation ‘causing’ personality changes. In this paper, we consider how to make neuroethical claims appropriately calibrated to existing evidence, and the role that philosophical neuroethics has to play in this enterprise of ‘evidence-based neuroethics’. In the first half of the paper, we begin by highlighting the challenges we face in investigating changes to PIAAAS following DBS, explaining how different trial (...) designs may be of different degrees of utility, depending on how changes to PIAAAS following DBS are manifested. In particular, we suggest that the trial designs Gilbert et al. call for may not be able to tell us whether or not DBS directly causes changes to personality. However, we suggest that this is not the most significant question about this phenomenon; the most significant question is whether these changes should matter morally, however they are caused. We go on to suggest that neuroethical analyses of novel neuro-interventions should be carried out in accordance with the levels of evidence hierarchy outlined by the Centre for Evidence-Based Medicine, and explain different ways in which neuroethical analyses of changes to PIAAAS can be evidence-based on this framework. In the second half of the paper, we explain how philosophical neuroethics can play an important role in contributing to mechanism-based reasoning about potential effects on PIAAAS following DBS, a form of evidence that is also incorporated into the CEBM levels of evidence hierarchy. (shrink)

We attempt in this paper to define a new field of study for philosophy: philosophy of management. We briefly speculate why the interest some managers and management writers take in philosophy has been so little reciprocated and why it needs to be. Then we suggest the scope of this new branch of philosophy and how it relates to and overlaps with other branches. We summarise some key matters philosophers of management should concern themselves with and pursue one in some detail. (...) We conclude with an invitation. (shrink)

Without trust there is no credible human health research (HHR). This article accepts this truism and addresses a crucial question that arises: how can trust continually be promoted in an ever-changing and uncertain HHR environment? The article analyses long-standing mechanisms that are designed to elicit trust—such as consent, anonymization, and transparency—and argues that these are best understood as trust represented by proxies of trustworthiness, i.e., regulatory attempts to convey the trustworthiness of the HHR system and/or its actors. Often, such proxies (...) are assumed to operate as markers that trust exists or, at least, has not been lost. But, since trust can neither be “built” nor “secured,” this is a precarious assumption. Worryingly, there is no existing theoretical account of how to understand and evaluate these proxies of trustworthiness as part of a trusted HHR ecosystem. To remedy this, the paper argues for a radical reimagining of trust and trustworthiness as performative acts that ought to be understood in relation to each other and by reference to the common values at stake. It is shown that proxies of trustworthiness are the operational tools used to perform trustworthiness. It advocates for a values-based approach to understanding the relationship between trust and trustworthiness. This establishes a strong basis for an evaluative framework for proxies of trustworthiness, i.e., to determine how to perform trustworthiness well. Five common proxies in HHR are scrutinized from a values perspective. The contribution is to provide a far-reaching normative and practical framework by which existing and future proxies of trustworthiness can be identified, assessed, maintained, or replaced in rapidly changing HHR regulatory ecosystems where trust itself is crucial to the success of the entire HHR enterprise. (shrink)

'Brainjacking’ refers to the exercise of unauthorized control of another’s electronic brain implant. Whilst the possibility of hacking a Brain–Computer Interface (BCI) has already been proven in both experimental and real-life settings, there is reason to believe that it will soon be possible to interfere with the software settings of the Implanted Pulse Generators (IPGs) that play a central role in Deep Brain Stimulation (DBS) systems. Whilst brainjacking raises ethical concerns pertaining to privacy and physical or psychological harm, we claim (...) that the possibility of brainjacking DBS raises particularly profound concerns about individual autonomy, since the possibility of hacking such devices raises the prospect of third parties exerting influence over the neural circuits underpinning the subject’s cognitive, emotional and motivational states. However, although it seems natural to assume that brainjacking represents a profound threat to individual autonomy, we suggest that the implications of brainjacking for individual autonomy are complicated by the fact that technologies targeted by brainjacking often serve to enhance certain aspects of the user’s autonomy. The difficulty of ascertaining the implications of brainjacking DBS for individual autonomy is exacerbated by the varied understandings of autonomy in the neuroethical and philosophical literature. In this paper, we seek to bring some conceptual clarity to this area by mapping out some of the prominent views concerning the different dimension of autonomous agency, and the implications of brainjacking DBS for each dimension. Drawing on three hypothetical case studies, we show that there could plausibly be some circumstances in which brainjacking could potentially be carried out in ways that could serve to enhance certain dimensions of the target’s autonomy. Our analysis raises further questions about the power, scope, and necessity of obtaining prior consent in seeking to protect patient autonomy when directly interfering with their neural states, in particular in the context of self-regulating closed-loop stimulation devices. (shrink)

In an adaptive clinical trial , key trial characteristics may be altered during the course of the trial according to predefined rules in response to information that accumulates within the trial itself. In addition to having distinguishing scientific features, adaptive trials also may involve ethical considerations that differ from more traditional randomized trials. Better understanding of clinical trial experts’ views about the ethical aspects of adaptive designs could assist those planning ACTs. Our aim was to elucidate the opinions of clinical (...) trial experts regarding their beliefs about ethical aspects of ACTs. (shrink)

This empirical study examines corporate responses to activist shareholder groups filing social-policy shareholder resolutions. Using resource dependency theory as our conceptual framing, we identify some of the drivers of corporate responses to shareholder activists. This study departs from previous studies by including a fourth possible corporate response, engaging in dialogue. Dialogue, an alternative to shareholder resolutions filed by activists, is a process in which corporations and activist shareholder groups mutually agree to engage in ongoing negotiations to deal with social issues. (...) Based on a unique dataset of resolutions filed by member organizations of the Interfaith Center on Corporate Responsibility from 2002 to 2005 and the outcomes of these resolutions, our analysis finds that corporate managers are more likely to engage in dialogue with shareholder activists when the firm is larger, is more responsive to stakeholders, the CEO is the board chair, and the firm has a relatively lower percentage of institutional investors. (shrink)

Resumo: Paul Ricoeur propõe uma filosofia do símbolo, que se encontra no limiar da inserção da hermenêutica em sua filosofia. Decisiva para esta fase, foi a interpelação de outras disciplinas que se constituíram por meio da análise da linguagem simbólica, entre as quais se encontra a antropologia estrutural de Lévi-Strauss. Dessa forma, definimos os termos mais específicos do diálogo estabelecido entre Paul Ricoeur e Claude Lévi-Strauss sobre a análise da linguagem simbólica do mito. Esta pesquisa nos auxiliou a compreender melhor (...) a fase de abertura da hermenêutica ricoeuriana e suas aproximações e afastamentos com o estruturalismo lévi-straussiano, tão difundido em nosso campo acadêmico. Palavras-chave: Hermenêutica; Estruturalismo; Símbolo. Convergent divergence: the dialogue between Paul Ricoeur and Claude Lévi-Strauss Abstract: Paul Ricoeur proposes a philosophy of the symbol, which is on the threshold of the insertion of hermeneutics in his philosophy. Decisive for this phase, was to put forward the question to other disciplines that played an essential role in the analysis of symbolic language, among which is the structural anthropology of Lévi-Strauss. Thus, the terms - more specific to the dialogue established between Paul Ricoeur and Claude Lévi-Strauss on the analysis of the symbolic language of myth - were defined. Finally, this research provides a better understanding of the opening phase of the Ricoeur’s hermeneutics as well as its alignments and divergences with the structuralism of Lévi-Strauss so widespread in the academic field. Keywords: Hermeneutics; Structuralism; Symbol. Divergencia convergente: el diálogo entre Paul Ricoeur y Claude Lévi-Strauss Resumen: Paul Ricoeur propone una filosofía del símbolo, que se encuentra en el umbral de la inserción de la hermenéutica en su filosofía. Decisivo para esta fase fue la interpelación de otras disciplinas que se constituyeron a partir del análisis del lenguaje simbólico, entre las que se encuentra la antropología estructural de Lévi-Strauss. Definimos así los términos específicos del diálogo establecido entre Paul Ricoeur y Claude Lévi-Strauss sobre el análisis del lenguaje simbólico del mito. Esta investigación nos ayudó a comprender mejor la fase de apertura de la hermenéutica ricoeuriana y sus aproximaciones y alejamientos del estructuralismo lévi-straussiano, tan difundido en nuestro campo académico. Palabras clave: Hermenéutica; Estructuralismo; Símbolo. Data de registro: 04/10/2022 Data de aceite: 01/02/2023. (shrink)

Although managing fairness is a critical concern for organizations, not all managers are predisposed to enact high levels of fairness. Emerging empirical evidence suggests that personality characteristics can be an important antecedent of managers’ fair behavior. However, relatively little attention has been devoted to understand how to promote fairness among managers who are naturally predisposed to engage in lower levels of fairness. Building upon self-awareness theory, we argue that increasing managers’ self-awareness can motivate managers with low trait empathy to engage (...) in greater levels of justice. We test the interactive effects of trait empathy and state self-awareness using an experimental study in which individuals were asked to communicate negative news. In support of our hypothesis, our results indicate that increasing self-awareness through self-focusing situations can help promote interactional justice when communicating negative news for individuals with low trait empathy. The theoretical and practical implications of these findings are discussed. (shrink)

Martha Nussbaum is one of the most prolific and distinguished philosophers in the English-speaking world. Since 1995 she has been Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago appointed in the Law School, Philosophy Department and Divinity School. She is an Associate in the Classics Department and the Political Science Department, an Affiliate of the Committee on Southern Asian Studies, a Board Member of the Human Rights Program and founder and Coordinator of a new (...) Center for Comparative Constitutionalism. The Center aims to study the social forces that affect the implementation of constitutional rights, especially for disadvantaged groups. She visits feminists in India each year to research the activities of Non-Governmental Organizations (NGOs) and the problems of poor women in different countries. In Delhi she has worked with the UN Development Programme on a project on gender and governance, and has also worked with The Lawyer’s Collective, an activist group in Delhi working on women’s rights. (shrink)

Martha Nussbaum is one of the most prolific and distinguished philosophers in the English-speaking world. Since 1995 she has been Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago appointed in the Law School, Philosophy Department and Divinity School. She is an Associate in the Classics Department and the Political Science Department, an Affiliate of the Committee on Southern Asian Studies, a Board Member of the Human Rights Program and founder and Coordinator of a new (...) Center for Comparative Constitutionalism. The Center aims to study the social forces that affect the implementation of constitutional rights, especially for disadvantaged groups. She visits feminists in India each year to research the activities of Non-Governmental Organizations (NGOs) and the problems of poor women in different countries. In Delhi she has worked with the UN Development Programme on a project on gender and governance, and has also worked with The Lawyer’s Collective, an activist group in Delhi working on women’s rights. (shrink)

Clinical ethics, like the broader field of bioethics from which it emerged, is at a critical crossroads in its development, with conflicting paths ahead. It can either claim its distinctive place in the clinical arena, insisting unapologetically on certain minimal standards of professional training, practice and competence, addressing head on debates about various models of and methodological approaches to consultation, and establishing a shared vision of the purpose and meaning of the enterprise of clinical ethics itself. Or, it can devolve (...) into a hobby that untrained, albeit interested, and generally well intentioned individuals can dabble in for fun or even profit, as they see fit, and without regard to the deep history and rich disciplinary roots of the field, the serious debates in the academic literature of bioethics, the foundational case histories and legal theories, or even any sense of professional accountability. (shrink)

I shall forgive the white South much in its final judgment day: I shall forgive its slavery, for slavery is a world-old habit; I shall forgive its fighting for a well-lost cause, and for remembering that struggle with tender tears; I shall forgive its so-called “pride of race,” the passion of its hot blood, and even its dear, old, laughable strutting and posing; but one thing I shall never forgive, neither in this world nor the world to come: its wanton (...) and continued and persistent insulting of the black womanhood which it sought and seeks to prostitute to its lust. The assumption that one can privilege gender, in advance, as a category, setting the terms of inclusion without fully considering those for whom gender alone fails to capture the multiplicity of experience, is itself an Orientalist move. (shrink)

Clinical ethics, like the broader field of bioethics from which it emerged, is at a critical crossroads in its development, with conflicting paths ahead. It can either claim its distinctive place in the clinical arena, insisting unapologetically on certain minimal standards of professional training, practice and competence, addressing head on debates about various models of and methodological approaches to consultation, and establishing a shared vision of the purpose and meaning of the enterprise of clinical ethics itself. Or, it can devolve (...) into a hobby that untrained, albeit interested, and generally well intentioned individuals can dabble in for fun or even profit, as they see fit, and without regard to the deep history and rich disciplinary roots of the field, the serious debates in the academic literature of bioethics, the foundational case histories and legal theories, or even any sense of professional accountability. (shrink)

In the nearly 30 years since Premack and Woodruff famously asked, “Does the chimpanzee have a theory of mind?”, the question of exactly how much non-human primates understand about the mental lives of others has had an unusually dramatic history. As little as ten years ago it appeared that the answer would be a simple one, with early investigations of non-human primates’ mentalistic abilities yielding a steady stream of negative findings. Indeed, by the mid-1990s even very cautious researchers were ready (...) to flatly assert that Theory of Mind was a uniquely human capacity. Recently, however, an exciting new theoretical perspective on primate social cognition has arisen, and with it the distinct possibility that our evolutionary relatives may understand far more of the social world than we previously believed. In this paper we review new theory and evidence suggesting that non-human primates may indeed represent the mental states of others, at least within the domains for which their distinctive social ecology has prepared them. Having asserted that Premack and Woodruff's original question can be answered with a qualified yes, we then consider the new questions that arise in its place, particularly how and why our own Theory of Mind became more domain-general than that of other primates. (shrink)

This study uses the American Association of University Women 1993 survey on sexual harassment in America's schools, a national sample of high school students, to examine gender differences in the behavioral, emotional, and educational consequences of sexual harassment. Previous research indicates that a high percentage of both boys and girls experience sexual harassment and that the negative consequences are greater for girls. The authors use a feminist theoretical framework to show that girls' and boys' qualitatively different experiences account for part (...) of this gender gap. Girls are far more likely to perceive harassment as harmful than boys and to experience a far greater frequency and severity of harassment. This article documents that girls are more likely to be targets of physical sexual harassment than boys and that physical harassment rather than derogatory or verbal and/or visual forms of harassment exacerbate the gender gap in educational outcomes. (shrink)

Robert F. Schopp, Justification Defenses and Just Convictions Cambridge: Cambridge University Press, 1998. x + 212 pp.

The first ever interdisciplinary handbook in the field, this vital resource offers wide-ranging analysis of health research regulation. The chapters confront gaps between documented law and research in practice, and draw on legal, ethical and social theories about what counts as robust research regulation to make recommendations for future directions. The handbook provides an account and analysis of current regulatory tools - such as consent to participation in research and the anonymisation of data to protection participants' privacy - as well (...) as commentary on the roles of the actors and stakeholders who are involved in human health research and its regulation. Drawing on a range of international examples of research using patient data, tissue and other human materials, the collective contribution of the volume is to explore current challenges in delivering good medical research for the public good and to provide insights on how to design better regulatory approaches. This title is also available as Open Access on Cambridge Core. (shrink)

This article re-examines and fundamentally re-assesses the symbiotic relationship between law and ethics in the governance and regulation of biobanks as a global phenomenon. Set against the two decades of experience of set-up, management and most recently granting access to biobanks to promote advances in human health, it is argued that the boundaries—and so the legitimacy—of the respective roles of ethics and law have become blurred and, potentially, blunted. The caricature of law as a tool of command and control—resulting in (...) compliance culture—is well recognised in regulation studies, but parallels with this can now also be seen within certain ethical regimes pertaining to biobanks and human health research more generally. At the same time, the ethical content of certain legal responses to biobanks can be lacking, as some legal systems seek to regulate biobanking in inflexible and unreflective ways that potentially undermine the entire enterprise. This can result in a net failure to capture adequately particular features of biobanking that make this field so potentially rich in terms of ultimate social value and human benefit. The argument is made that the interconnected, yet distinct, nature of the contributions of law and ethics must be better understood in this setting. The central message is unapologetically sceptical about the role of law in regulating biobanking, except when we see law as process. Rather, the position is advanced that more work is required to develop governance regimes that are ‘Ethics+’ : that is, rooted in the core values and principles at stake while able to adapt and accommodate the inevitable changing landscape of biobank research and practice. While ethics are always a necessary component of a robust and defensible regimes of health research, the notion of Ethics+ directs our attention to processes in which ethical discourse and engagement can be optimised to respond to particular features of biobanks and their operation. (shrink)