Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus (...) primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin’s classic A Plea for Excuses, but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the rules of civility. (shrink)

The late Dr. Stutterheim, Government Archeologist in Java, used to tell the following story: Somewhat before the advent of the white man, there was a storm on the Javanese coast In the neighborhood of one of the capitals. After the storm the people went down to the beach and found, washed up by the waves and almost dead, a large white monkey of unknown species. The religious experts explained that this monkey had been cast out by the god whose anger (...) was expressed in the storm. The Rajah gave orders that the white monkey from the sea should be kept alive, chained to a certain stone. This was done. Dr. Stutterheim told me that he had seen the stone and that roughly scratched on it in Latin, Dutch, and English were the name of a man and a statement of his shipwreck. Apparently this trilingual sailor never established verbal communication with his captors. He was surely unaware of the premises in their minds which labelled him as a white monkey and therefore not a potential recipient of verbal messages: it probably never occurred to him that they could doubt his humanity. He may have doubted theirs. 1. (shrink)

Clarke A. Chambers interviews Marcia Eaton, professor in the Department of Philosophy.

Gideon Rosen (2014) has drawn our attention to cases of duress of a particularly interesting sort: the person's ‘mind is not flooded with pain or fear’, she knows exactly what she is doing, and she makes a clear-headed choice to act in, as Rosen says, ‘awful ways’. The explanation of why we excuse such actions cannot be that the action was not voluntary. In addition, although some duress cases could also be viewed as necessity cases and thus as justified, Rosen (...) wisely sets aside that complicating factor by zeroing in on those cases where the action clearly is not justified. So why do we excuse in these cases, where the action is not justified and the agent acted voluntarily?Rosen thinks the key lies in the ‘ill will’ condition, ‘the idea that an act is blameworthy only if it manifests insufficient concern or regard for those affected’. He says this is relatively uncontroversial; much of my paper is taken up with calling the ‘ill will’ condition into question. I also take issue with Rosen on just how justifications and excuses differ. I argue in favour of understanding justifications (in a context where we are asking how justifications and excuses differ) as not requiring truth, but only reasonable belief. (shrink)

Informed consent is recognized as a primary ethical requirement to conduct research involving humans. In the investigations with the use of human biological material, informed consent (IC) assumes a differentiated condition on account of the many future possibilities. This work presents suitable alternatives for IC regarding the storage and use of human biological material in research, according to new Brazilian regulations. Both norms – Resolution 441/11 of the National Health Council, approved on 12 May 2011, and Ordinance 2.201 (NATIONAL GUIDELINES (...) FOR BIOREPOSITORIES AND BIOBANKS OF HUMAN BIOLOGICAL MATERIAL FOR RESEARCH PURPOSE) of the Brazil Ministry of Health, approved on 14 September 2011 – state that the consent of subjects for the collection, storage and use of samples stored in Biobanks is necessarily established by means of a Free and Informed Consent Form (ICF). In order to obtain individual and formal statements, this form should contain the following two mutually exclusive options: an explanation about the use of the stored material in each research study, and the need for new consent or the waiver thereof when the material is used for a new study. On the other hand, ICF suitable for Biorepositories must be exclusive and related to specific research. Although Brazilian and international regulations identify the main aspects to be included in the IC, efforts are still necessary to improve the consent process, so that the document will become a bond of trust between subject and researcher. (shrink)

Informed consent is recognized as a primary ethical requirement to conduct research involving humans. In the investigations with the use of human biological material, informed consent (IC) assumes a differentiated condition on account of the many future possibilities. This work presents suitable alternatives for IC regarding the storage and use of human biological material in research, according to new Brazilian regulations. Both norms – Resolution 441/11 of the National Health Council, approved on 12 May 2011, and Ordinance 2.201 (NATIONAL GUIDELINES (...) FOR BIOREPOSITORIES AND BIOBANKS OF HUMAN BIOLOGICAL MATERIAL FOR RESEARCH PURPOSE) of the Brazil Ministry of Health, approved on 14 September 2011 – state that the consent of subjects for the collection, storage and use of samples stored in Biobanks is necessarily established by means of a Free and Informed Consent Form (ICF). In order to obtain individual and formal statements, this form should contain the following two mutually exclusive options: an explanation about the use of the stored material in each research study, and the need for new consent or the waiver thereof when the material is used for a new study. On the other hand, ICF suitable for Biorepositories must be exclusive and related to specific research. Although Brazilian and international regulations identify the main aspects to be included in the IC, efforts are still necessary to improve the consent process, so that the document will become a bond of trust between subject and researcher. (shrink)

A new Clinical Ethics Advisory Group was created to contribute to NHS Trust policies and guidelines in response to ethical issues arising from the COVID-19 pandemic. An ethical analysis framework used in medical education, the CoRE-Values Compass and Grid, was adapted to form a step-wise ‘ABC’ decision-making process. CEAG members found the framework simple to understand and use and the model facilitated time-efficient decisions that were explicitly justifiable on moral, ethical, professional and legal grounds. The adapted CoRE-Values framework might help (...) facilitate decision-making processes for similar new clinical ethics advisory or support committees. (shrink)

Broad consent – the act of gaining one consent for multiple potential future research projects – sits at the core of much current genomic research practice. Since the 25th May 2018, the General Data Protection Regulation (GDPR) has applied as valid law concerning genomic research in the EU and now occupies a dominant position in the legal landscape. Yet, the position of the GDPR concerning broad consent has recently been cause for concern in the genomic research community. Whilst the text (...) of the GDPR apparently supports the practice, recent jurisprudence contains language which is decidedly less positive. This article takes an in-depth look at the situation concerning broad consent under the GDPR and – despite the understandable concern flowing from recent jurisprudence – offers a positive outlook. This positive outlook is argued from three perspectives, each of which is significant in defining the current, and ongoing, legitimacy and utility of broad consent under the GDPR: the principled, the legal technical, and the practical. (shrink)

The emphasis on duly in Kant's ethics is widely held to constitute a defect. Marcia W. Baron develops and assesses the criticism, which she sees as comprising two objections: that duty plays too large a role, leaving no room for the supererogatory, and that Kant places too much value on acting from duty. Clearly written and cogently argued, Kantian Ethics Almost without Apology takes on the most philosophically intriguing objections to Kant's ethics and subjects them to a rigorous yet (...) sympathetic assessment. (shrink)

This article aims at contributing to current debates on the ‘new imperialism’ by presenting the main results of a reading of Marx’sCapitalin light of his writings on colonialism, which were unknown in the early Marxist debate on imperialism. It aims to prove that, in his main work, Marx does not analyse a national economy or – correspondingly – an abstract model of capitalist society, but a world-polarising and ever-expanding system. This abstraction allows the identification of the laws of development of (...) capitalism and its antagonisms, and reflects the tendency of the capital of the dominant states, by making permanent recourse also to methods of so-called ‘primitive accumulation’, to expand and increase the exploitation of workers worldwide, and, at the same time, the cooperation between them. What, for Marx, was later defined as imperialism is the concrete form of the process of ‘globalisation’ of the capital of the dominant states. With the development of his analysis, Marx became increasingly aware of the economic and political consequences of imperialism. In his activity within the First International, with regard to the question of Irish independence, he affirmed the fundamental importance of building a real solidarity between class struggles in imperialist countries and anti-colonial resistance in colonised and dependent countries. His examination of imperialism and internationalist perspective were downplayed, denied, if not completely reversed in the interpretation and systematisation of his thought by reformist leaders within the Second International. In their attempt to react against this tendency and develop an analysis and a political strategy adequate to the new phase of generalised imperialist expansion, increased inter-imperialist rivalries and rising anti-colonial resistance, Rosa Luxemburg and Lenin reaffirmed the centrality of the critique of imperialism at the economic and at the political levels. Even if they were partially unaware of this, they thus developed and expanded on some aspects already present in Marx’s work. (shrink)

Roche, Marcia Sectarianism has been defined as 'adherence or excessive devotion to a particular religious denomination or sect'.1 However, as Kildea notes, dictionary definitions of the term fail to square with its 'distinctive' meaning in the Australian context.2A more accurate representation of the Australian connotation is conveyed by Hogan, who says that it refers to 'the hostility between different churches or "sects" which has manifested itself in the wider arena of social and political conflict'.3 The social, political and economic (...) discrimination and exclusion that has existed in Australia between Catholics and Protestants was most intense from the beginning of European settlement until the 1960s, when the Catholic Church's endorsement of ecumenism offered a means of positive engagement with members of other Christian denominations. (shrink)

In Adam Smith in Beijing, Giovanni Arrighi attempts to outline the possible consequences of the growth of China through a rereading of the work of Adam Smith and a critique of Marx. This article analyses and sheds light on the limits of this reading, upon which Arrighi bases his prediction of a possible peaceful growth in collaboration amongst the various nations within the world-market. It also seeks to identify what makes Marx’s work so timely for the understanding of the contemporary (...) phase of capitalist globalisation, with its escalation of the exploitation of ever more globalised labour-power, and of international competition. 1. (shrink)

1. Stoicism in classical Latin literature -- 2. Stoicism in Christian Latin thought through the sixth century.

...believe that his theory asks too much, demanding total devotion to morality and treating everything worth doing (and perhaps more) as a duty. But, despite their differences, the two sets of...

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

This article focuses on whether a certain form of consent used by biobanks – open consent – is compatible with the Proposed Data Protection Regulation. In an open consent procedure, the biobank requests consent once from the data subject for all future research uses of genetic material and data. However, as biobanks process personal data, they must comply with data protection law. Data protection law is currently undergoing reform. The Proposed Data Protection Regulation is the culmination of this reform and, (...) if voted into law, will constitute a new legal framework for biobanking. The Regulation puts strict conditions on consent – in particular relating to information which must be given to the data subject. It seems clear that open consent cannot meet these requirements. 4 categories of information cannot be provided with adequate specificity: purpose, recipient, possible third country transfers, data collected. However, whilst open consent cannot meet the formal requirements laid out by the Regulation, this is not to say that these requirements are substantially undebateable. Two arguments could be put forward suggesting the applicable consent requirements should be rethought. First, from policy documents regarding the drafting process, it seems that the informational requirements in the Regulation are so strict in order to protect the data subject from risks inherent in the use of the consent mechanism in a certain context – exemplified by the online context. There are substantial differences between this context and the biobanking context. Arguably, a consent transaction in the biobanking does not present the same type of risk to the data subject. If the risks are different, then perhaps there are also grounds for a reconsideration of consent requirements? Second, an argument can be made that the legislator drafted the Regulation based on certain assumptions as to the nature of ‘data’. The authors argue that these assumptions are difficult to apply to genetic data and accordingly a different approach to consent might be preferable. Such an approach might be more open consent friendly. (shrink)

When successful and ethical managers are alerted to possible organizational wrongdoing, they take corrective action before the problems become crises. However, recent research [e.g., Rynes et al. (2007, Academy of Management Journal50(5), 987–1008)] indicates that many organizations fail to implement evidence-based practices (i.e., practices that are consistent with research findings), in many aspects of human resource management. In this paper, we draw from years of research on whistle-blowing by social scientists and legal scholars and offer concrete suggestions to managers who (...) are interested in encouraging internal reporting of problems requiring attention, and to observers of questionable activity who are considering reporting it. We also identify ways that research suggests policy-makers can have a more positive influence. We hope that these suggestions will help foster evidence-based practice regarding whistle-blowing. (shrink)

Recent studies show that returning global health trainees often report having felt inadequately prepared to deal with ethical dilemmas they encountered during outreach clinical work. While global health training guidelines emphasize the importance of developing ethical and cultural competencies before embarking on fieldwork, their practical implementation is often lacking and consists mainly of recommendations regarding professional behavior and discussions of case studies. Evidence suggests that one of the most effective ways to teach certain skills in global health, including ethical and (...) cultural competencies, is through service learning. This approach combines community service with experiential learning. Unfortunately, this approach to global health ethics training is often unattainable due to a lack of supervision and resources available at host locations. This often means that trainees enter global health initiatives unprepared to deal with ethical dilemmas, which has the potential for adverse consequences for patients and host institutions, thus contributing to growing concerns about exploitation and “medical tourism.” From an educational perspective, exposure alone to such ethical dilemmas does not contribute to learning, due to lack of proper guidance. We propose that the tension between the benefits of service learning on the one hand and the respect for patients’ rights and well-being on the other could be resolved by the application of a simulation-based approach to global health ethics education. (shrink)

Balanço da produção científica em Educação Física em Estados do Nordeste, visando a identificar tendências, perspectivas e desafios que se apresentam à consolidação dessa produção. O estudo integra a pesquisa matricial do grupo LEPEL/UFBA.

1024x768 Na sociedade da informação as Tecnologias da Informação e do Conhecimento podem contribuir para o aumento da distância social entre quem detém as informações e o domínio das tecnologias e, aqueles que estão a margem da sociedade tecnológica que são considerados os excluídos digitais, revelando a exclusão sociodigital. Por conseguinte, a eliminação da exclusão social encontra-se conectada a inclusão digital. Portanto, a importância dos programas de inclusão sociodigital, destacando-se o Programa Nacional de Tecnologias na Educação, enquanto política pública para (...) a inclusão sociodigital, que foi implantado em 1997 pelo governo federal em âmbito nacional, por meio da parceira União/Estado/Municípios. Neste contexto, o objetivo desta pesquisa foi investigar a implantação do Proinfo em Minas Gerais, especificamente na região metropolitana de Belo Horizonte onde estão localizados seis Núcleos de Tecnologias Educacionais, os quais têm a função de promover as capacitações dos agentes educacionais. Para tal, foi escolhida como metodologia a pesquisa descritiva tendo como estratégias adotadas as pesquisas bibliográfica e documental. Concluiu-se que mesmo enfrentando vários problemas, a capacitação dos agentes educacionais vem sendo realizada em todos os Núcleos Tecnológicos Educacionais, através de cursos sugeridos pelo Proinfo, que disponibiliza os materiais didáticos através da Secretaria de Educação Básica. São ofertadas, também, oficinas de curta duração sobre o uso de softwares na educação. Assim, a implantação do Proinfo em Minas Gerais constitui-se de um elemento gerador de mudanças educacionais e sociais, promotor da inclusão sociodigital, podendo ser considerada uma política pública inovadora, que tem nos NTEs e NTMs a sua garantia de desenvolvimento e execução. Palavras-chave: Inclusão sociodigital. Proinfo. Capacitação de agentes educacionais. Normal 0 21 false false false PT-BR X-NONE X-NONE. (shrink)

If our knowledge of human cognition were based solely on research with participants younger than the age of 2 years, there would be no basis for the relational reinterpretation hypothesis, and Darwin's continuity theory would be safe as houses. Because many of the shortcomings cited apply to human infants, we propose how a consideration of cognitive development would inform the relational reinterpretation hypothesis.

_"School Sector and Student Outcomes_ is an important work for policy makers and social scientists alike. This research is critically important for anyone concerned with educational policy and the academic future of our children." —Teresa A. Sullivan, Provost and Executive Vice President for Academic Affairs, The University of Michigan "Providing original contributions to our understanding of school sectors, this volume will be of great interest to sociologists of education and scholars and students in education, history, and political science." —George Farkas, (...) Pennsylvania State University Variations in students' performance across different school sectors—specifically, public, private religious, and private nonreligious schools—has long been an important topic in the sociology of education. In recent years, debate over the merits of each sector has increased between advocates and critics of school choice, as exemplified by current struggles over educational vouchers and their ramifications for public policy and politics. What has been lacking in this debate, however, has been a theoretically grounded empirical analysis of the factors that affect student success across sectors. _School Sector and Student Outcomes_ offers such an assessment. By presenting a set of methodologically rigorous empirical studies, the volume provides a viable basis for comparisons across sectors on such issues as school organization, governance, curriculum, and pedagogy in U.S. elementary and secondary schools. Carefully reasoned conceptual analyses identify the source of sector differences, trace the evolution of the dual school system in the U.S., and describe the mechanisms that link school sector to school processes. The volume amply documents how sector differences operate and what the consequences are for student learning and behavior. (shrink)

The distinction between justifications and excuses is a familiar one to most of us who work either in moral philosophy or legal philosophy. But exactly how it should be understood is a matter of considerable disagreement. My aim in this paper is, first, to sort out the differences and try to figure out what underlying disagreements account for them. I give particular attention to the following question: Does a person who acts on a reasonable but mistaken belief have a justification, (...) or only an excuse? One disagreement I highlight concerns the extent to which justification is primarily about agents rather than about actions. Those who think, as I do, of “His action, X, was justified” as “He was justified in doing X” are far more likely to allow that justification requires reasonable belief and does not require truth, than are those who think of “His action, X, was justified” as “Although actions of this type usually are prohibited, X is in these circumstances in fact permissible.” In addition to sorting out the differences and tracing them to some underlying disagreements, I defend the reasonable belief view of justification against some objections, and argue that, whether or not we continue to use the term “justified” in a way that does not require truth, we need the concept. Contrary to the claims of some who reject the reasonable belief view of justification, justification thus understood does not reduce to excuse. (shrink)

Riordan, Marcia This article gives the reader an overview of a DVD 'God So Loved the World: A Pastoral Series on Life Issues.' This DVD was produced by the Australian Catholic Life Council, a group established by the Australian Catholic Bishops Conference under the ACBC Commission for Pastoral Life. This article discusses the life issues covered in the DVD, which are abortion, euthanasia, and the reproductive technologies. Above all, it explains why it is necessary to de-velop a more positive (...) pastoral response to these issues. (shrink)

Riordan, Marcia Recent advances in genetic technology may mean that the brave new world really is almost here. Non-invasive prenatal genetic diagnosis could finally allow hundreds of thousands of genetic traits to be determined with just one maternal blood test. This could bring genetic screening of the unborn child to a whole new level and mean that as a society we face a new set of challenges in areas such as disability rights, abortion and informed consent.

Riordan, Marcia Some advocates of embryonic stem cell research want women to be paid for donating their eggs. This article details reasons why this would be bad public policy that would harm women.

Riordan, Marcia Abortion providers and advocates want Australian women who face an unexpected pregnancy to have the option of choosing a chemical RU-486 abortion, instead of a surgical abortion. This article looks at this proposal, and discusses its possible repercussions. There is considerable controversy over this method of abortion, with promoters saying that it is safer, easier and private, whereas opponents call it DIY abortion or home-alone abortion and question its safety.

Riordan, Marcia This report on the Victorian Abortion Law Reform Bill 2008 particularly considers the fact that it has denied health care professionals any right of conscientious objection. It sees this as part of an international attempt to deny conscientious objection against abortion, and to enforce abortion as an international human right.