En suspendant la violence de ses passions et de ses désirs, l'homme se montre capable d'une relation harmonieuse et respectueuse avec lui-même, les êtres et les choses, dans un dialogue avec la douceur de la vérité et la beauté de l'art qui la recrée. On étudiera comment, à l'âge humaniste et classique, les modernes ont pensé la douceur à partir de la relecture des sources antiques et chrétiennes dans les divers champs du savoir de la poétique à l'éthique, de la (...) métaphysique à l'esthétique et dessiné un idéal difficilement définissable et aisément rompu."--Page 4 of cover. (shrink)

In the US, research payments are technically taxable income. This article argues that tax liability is a form of possible economic and legal risk of paid research participation. Findings are presented from empirical research on Phase I healthy volunteer trials. The article concludes by discussing the implications of these findings for the informed consent process, as well as for broader ethical issues in whether and how payments for research participation should be regulated.

Julie Childers and Bob Arnold’s (2019) article, “The Inner Lives of Doctors: Physician Emotion in the Care of the Seriously Ill,” uses Kübler-Ross’s influential work on death and dying to remind us...

Many are calling for concrete mechanisms of oversight for health research involving artificial intelligence (AI). In response, institutional review boards (IRBs) are being turned to as a familiar model of governance. Here, we examine the IRB model as a form of ethics oversight for health research that uses AI. We consider the model's origins, analyze the challenges IRBs are facing in the contexts of both industry and academia, and offer concrete recommendations for how these committees might be adapted in order (...) to provide an effective mechanism of oversight for health‐related AI research. (shrink)

Cognitive Science, Volume 46, Issue 1, January 2022.

Theoretical variables : an overview -- Limited and unlimited law -- Legal materialism and social existence -- A new legal materialism -- Inner and outer space -- Scales of law -- Subjects and perspective -- Imagining law -- Pathfinding -- Conclusion.

"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern (...) discourse, deconstruction, feminism and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover. (shrink)

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.

Patient consent has been formulated in terms of radical individualism rather than shared benefits. Medical education relies on the provision of patient consent to provide medical students with the training and experience to become competent doctors. Pelvic examination represents an extreme case in which patients may legitimately seek to avoid contact with inexperienced medical students particularly where these are male. However, using this extreme case, this paper will examine practices of framing and obtaining consent as perceived by medical students. This (...) paper reports findings of an exploratory qualitative study of medical students and junior doctors. Participants described a number of barriers to obtaining informed consent. These related to misunderstandings concerning student roles and experiences and insufficient information on the nature of the examination. Participants reported perceptions of the negative framing of decisions on consent by nursing staff where the student was male. Potentially coercive practices of framing of the decision by senior doctors were also reported. Participants outlined strategies they adopted to circumvent patients’ reasons for refusal. Practices of framing the information used by students, nurses and senior doctors to enable patients to decide about consent are discussed in the context of good ethical practice. In the absence of a clear ethical model, coercion appears likely. We argue for an expanded model of autonomy in which the potential tension between respecting patients’ autonomy and ensuring the societal benefit of well-trained doctors is recognised. Practical recommendations are made concerning information provision and clear delineations of student and patient roles and expectations. (shrink)

BackgroundThough sobriety in young people is on the rise, students who drink little or no alcohol may experience social exclusion at University, impacting well-being. We aim to understand the social experiences of United Kingdom undergraduate students who drink little or no alcohol.MethodsA mixed-methods study using semi-structured, one-to-one interviews and the 24-Item Social Provisions Scale and Flourishing Scale with 15 undergraduate students who drink little or no alcohol. Descriptive statistics are presented for quantitative data and thematic analysis for qualitative.ResultsEight main themes (...) and four subthemes were generated from thematic analysis summarised in two sections ‘views of drinkers from non-drinkers’ and ‘how peer pressure feels and how people deal with it.’ The initial transition to University represented a challenge, where participants struggled to find their ‘true’ friends. However, students generally had high levels of social provision, well-being and enjoyed close friendships with fewer casual acquaintances. All students experienced some kind of peer pressure and developed coping strategies when in social situations involving alcohol. Fear of missing out on the ‘typical’ University experience heightened self-imposed expectations to drink. Despite participants acknowledging their counter-normative behaviour, some felt they were subject to stigmatisation by drinkers, doubting their non-drinker status, causing feelings of exclusion or being ‘boring.’ Their desire to ‘be like everyone else’ exposed some insight into the negative stereotypes of sobriety, including frustration behind alcohol’s status elevation.ConclusionStudents adopt strategies to minimise peer pressure and to fit in. Future research should interrogate drinkers’ perceptions of their sober peers to deepen understanding, better break down ‘us and them,’ and mitigate future expectations within the University drinking culture. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

BackgroundDespite its ubiquity, it is often not clear what organizations and services mean by well-being. Visual impairment has been associated with poorer well-being and well-being has become a key outcome for support and services for adults living with VI. A shared understanding of what well-being means is therefore essential to enable assessment of well-being and cross-service provision of well-being support.ObjectivesTo provide an overview of the ways in which well-being has been conceptualized in research relating to adults living with VI.Eligibility criteriaArticles (...) were included in the review if the article discussed well-being in the context of adults living with VI, was available in English and as a full text.Data sourcesA systematic search using search terms relating to VI and well-being was conducted in EBSCOHost and Ovid.ChartingA team of three reviewers screened titles, abstracts and full-texts articles and extracted data. Ambiguous articles were referred to the research group and discussed.ResultsOf 10,662 articles identified in the search, 249 were included in the review. These referred to 38 types of well-being. The most common types were general well-being emotional well-being and psychological well-being. Most articles referred to one type only, with a maximum of 9 listed in one article. A large number of articles did not clearly define well-being. A wide range of indicators of well-being related to the domains of hedonia, mood, positive and negative affect, quality of life, mental health, eudaimonia, self/identity, health, psychological reactions to disability and health problems, functioning, social functioning and environment, were extracted, many of which were used just once.ConclusionsThere remains a lack of consensus on how well-being is conceptualized and assessed in the context of adult VI. A standardized multi-domain approach derived with input from adults with VI and practitioners working with them is required to enable comparison of findings and cross-organizational provision of support. (shrink)

Today’s medical training environment exposes medical trainees to many aspects of what has been called “the hidden curriculum.” In this article, we examine the relationship between two aspects of the hidden curriculum, the performance of emotional labor and the characterization of patients and proxies as “bad,” by analyzing clinical ethics discussions with resident trainees at an academic medical center. We argue that clinicians’ characterization of certain patients and proxies as “bad,” when they are not, can take an unnecessary toll on (...) trainees’ emotions. We conclude with a discussion of how training in ethics may help uncover and examine these aspects of the hidden curriculum. (shrink)

In 1878 two ‘Nightingale’ nurses arrived in the British colony of Ceylon to initiate a training programme for indigenous women in the skills and values of what was then termed ‘scientific nursing’. These two women were the first of a succession of British women who went to the colony to nurse in its hospitals and to train Ceylonese women for the profession. Using the official records of the colonial government held in the National Archives, Kew and the records of the (...) Overseas Nursing Association in the Rhodes House Collection, Oxford, this paper explores both the professional and social experiences of these women. This paper also analyses the role that these representatives of the colonial state played in the development of an indigenous nursing profession and concludes that their presence in the colony ultimately left an ambiguous legacy. In their role as trainers of indigenous women, they furthered the development and spread of a Western nursing profession in the colony's hospitals. At the same time, however, their continuing dominance of training and the positions of responsibility was an inhibiting factor in the ability of indigenous nurses to organise and professionalise. Whereas the doctors, trained in the colony's Medical College, achieved registration as early as 1905, the nurses had to wait until 1949, a year after independence, before their qualification was recognised and protected. Nursing remained throughout the colonial period therefore, even more so than at the metropolitan centre, the ‘Cinderella’ of the medical professions. (shrink)

Essential reading for all those who wish to understand why legal theory is important to legal education, and for those who wish to extend their understanding of this dynamic academic discipline. A variety of perspectives are drawn together including social, literary, feminist and postmodernist theories.

Bilingualism has been identified as a potential cognitive factor linked to delayed onset of dementia as well as boosting executive functions in healthy individuals. However, more recently, this claim has been called into question following several failed replications. It remains unclear whether these contradictory findings reflect how bilingualism is defined between studies, or methodological limitations when measuring the bilingual effect. One key issue is that despite the claims that bilingualism yields general protection to cognitive processes, studies reporting putative bilingual differences (...) are often focused on domain specific experimental paradigms. This study chose a broader approach, by considering the consequences of bilingualism on a wide range of cognitive functions within individuals. We utilised 19 measures of different cognitive functions commonly associated with bilingual effects, to form a “cognitive profile” for 215 non-clinical participants. We recruited Welsh speakers, who as a group of bilinguals were highly homogeneous, as means of isolating the bilingualism criterion. We sought to determine if such analyses would independently classify bilingual/monolingual participant groups based on emergent patterns driven by collected cognitive profiles, such that population differences would emerge. Multiple predictive models were trained to independently recognise the cognitive profiles of bilinguals, older adults and higher education attainment. Despite managing to successfully classify cognitive profiles based on age and education, the model failed to differentiate between bilingual and monolingual cognitive ability at a rate greater than that of chance. Repeated modelling using alternative definitions of bilingualism, and just the older adults, yielded similar results. In all cases then, using our “bottom–up” analytical approach, there was no evidence that bilingualism as a variable indicated differential cognitive performance – as a consequence, we conclude that bilinguals are not cognitively different from their monolingual counterparts, even in older demographics. We suggest that studies that have reported a bilingual advantage could well have confounded other key variables that may be driving reported advantages. We recommend that future research refine the machine learning methods used in this study to further investigate the complex relationship between bilingualism and cognition. (shrink)

This Companion celebrates the strength of feminist legal thought, which is manifested in the dynamic combination of stability and change and the diversity of perspectives and methodologies, as well as in the extensive range of subject-matters included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that animate feminism. It provides an authoritative and scholarly review (...) of contemporary feminist legal thought, and contributes to the ongoing development of some of its new approaches, perspectives and subject-matters. (shrink)

The Bible has influenced contemporary culture both positively and negatively. The present volume is a collection of papers that were discussed at an international colloquium on the use of the Bible in Ethics in the Department of Biblical Studies at the University of Sheffield in April 1995. Participants came from many parts of the world and from different backgrounds, and the papers reflect their varied interests and the contexts in which they work. The contributors, in addition to the three editors, (...) are John Barton, Bruce Birch, Mark Brett, Mark Chapman, David Clines, Philip Davies, Cheryl Exum, Stephen Fowl, Norman Gottwald, John Haldane, Walter Houston, Sharon Ringe, Chrisopher Rowland, Lisa Sowle Cahill and Gerald West. (shrink)

Two university English seminars were video-recorded to provide data for a pilot project investigating how English is produced or 'actualized' in teaching and learning encounters. The project is positioned within three contexts: national policy about higher education teaching; current research about higher education pedagogy; and, the history and politics of university English. The main aim of the article is to explicate a methodology that takes as its data actual moments of teaching, captured on video tape, and the teachers' commentary on (...) them. It analyses these records with reference to theories about rhetoric. (shrink)

Legal pluralism refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. This article examines several aspects of legal pluralism focusing on the relationship between the empirical facts of pluralism and its conceptual foundations. Variety of factors produce the perception of legal pluralism, which is reflected in intensified interest in the concept in contemporary scholarship. Legal philosophy and sociological approaches to law often (...) still occupy quite separate scholarly terrains. Legal pluralism has been identified as a fruitful area for constructive engagement between legal philosophy and the sociology of law. This article emphasizes the fact that with the decline of nation states as the locus of political and legal power, it seems inevitable that traditional state-centered legal philosophy must give way to a different paradigm, which recognizes the plurality of law. (shrink)

This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else - at least on the earth, and possibly in the cosmos - has become a truism of contemporary theory. Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries. It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project. Although an ecological imagining of law can be metaphorical, (...) and can be highly imaginative and suggestive, this book shows that it is also literal. Law is part of the material 'everything' that is connected to everything else. This means that once the previous certainties of legal thinking have been dismantled, it is after all possible to think of law as 'natural' - as embedded in and emergent from a normative biophysical nature. The book proposes that there exists a natural nomos: animals, plants, and Earth systems that produce their own values and norms from which human norms and laws emerge. This book, then, proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Drawing inspiration from current trends in the posthumanities, socio-ecological thought, and developments across the natural sciences in their specific intersections with humanities and social science disciplines, this book will appeal both to legal theorists and to others with interests in these areas. (shrink)

Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women within transitional societies.

The ethical problem in the present time.--The ethical principle.--A defence of the ethical principle.--Evolution of the ethical principle.--Morality and religion.--The present status of morality.

This paper analyses the activities of five organizations shaping the debate over the global governance of genome editing in order to assess current approaches to public engagement (PE). We compare the recommendations of each group with its own practices. All recommend broad engagement with the general public, but their practices vary from expert-driven models dominated by scientists, experts, and civil society groups to citizen deliberation-driven models that feature bidirectional consultation with local citizens, as well as hybrid models that combine elements (...) of both approaches. Only one group practices PE that seeks community perspectives to advance equity. In most cases, PE does little more than record already well-known views held by the most vocal groups, and thus is unlikely to produce more just or equitable processes or policy outcomes. Our exploration of the strengths, weaknesses, and possibilities of current forms of PE suggests a need to rethink both “public” and “engagement.”. (shrink)

Moral psychology studies the features of cognition, judgement, perception and emotion that make human beings capable of moral action. Perspectives from feminist and race theory immensely enrich moral psychology. Writers who take these perspectives ask questions about mind, feeling, and action in contexts of social difference and unequal power and opportunity. These essays by a distinguished international cast of philosophers explore moral psychology as it connects to social life, scientific studies, and literature.

BackgroundThe U.S. Food and Drug Administration traditionally has kept confidential significant amounts of information relevant to the approval or non-approval of specific drugs, devices, and biologics and about the regulatory status of such medical products in FDA’s pipeline.ObjectiveTo develop practical recommendations for FDA to improve its transparency to the public that FDA could implement by rulemaking or other regulatory processes without further congressional authorization. These recommendations would build on the work of FDA’s Transparency Task Force in 2010.MethodsIn 2016-2017, we convened (...) a team of academic faculty from Harvard Medical School, Brigham and Women’s Hospital, Yale Medical School, Yale Law School, and Johns Hopkins Bloomberg School of Public Health to develop recommendations through an iterative process of reviewing FDA’s practices, considering the legal and policy constraints on FDA in expanding transparency, and obtaining insights from independent observers of FDA.ResultsThe team developed 18 specific recommendations for improving FDA’s transparency to the public. FDA could adopt all these recommendations without further congressional action.FundingThe development of the Blueprint for Transparency at the U.S. Food and Drug Administration was funded by the Laura and John Arnold Foundation. (shrink)