In this paper I problematise quite a simple assertion: that the two major frameworks used in assessing consent to post-mortem organ donation, presumed consent and informed consent, are procedurally similar in that both are ‘default rules.’ Because of their procedural common characteristic, both rules do exclude marginalized groups from consent schemes. Yet this connection is often overlooked. Contract theory on default rules, better than bioethical arguments, can assist in choosing between these two rules. Applying contract theory to the question of (...) post-mortem organ donation suggests that the default rule should be one that goes against the wishes of the stronger party in consent decisions. (shrink)

The American Journal of Bioethics, Volume 11, Issue 10, Page 28-30, October 2011.

This article presents the results of qualitative research conducted with 16 kindergarten teachers. The overall goal was to identify the perceived priority in-service training needs related to the development of social-emotional competencies. To further explore the data collected, the teachers were interviewed in a semi-structured format. The results reveal, among other things, needs related to relational skills, one of the areas identified in several works of the Collaborative for Academic, Social, and Emotional Learning [CASEL] (Zins et al., 2004). These results (...) will make it possible to formulate hypotheses for reflection and action that can be implemented in the context of the in-service training of kindergarten teachers, in order to ensure not only their well-being, but above all, positive interpersonal relationships with all the partners involved in this so-called relational work. (shrink)

Les femmes engagées dans l'Église constituent les piliers de la vie ecclésiale mais restent des sujettes mineures dans cette institution qui ne leur reconnaît pas, dans les faits, un statut d'égalité avec les hommes. Depuis plus de vingt ans, elles revendiquent des transformations : elles veulent participer à la rédaction des discours officiels, obtenir de meilleurs conditions de travail, mettre de l'avant l'usage du langage inclusif dans les liturgies. Ces femmes, qui détiennent dans une proportion déplus en plus importante une (...) formation en théologie, s'efforcent de conscientiser le clergé à la nécessité de développer avec elles des rapports égalitaires qui impliquent un véritable partage des pouvoirs et des responsabilités. Compte tenu du haut niveau de résistance au changement, il faudrait sans doute que ces femmes acceptent de désobéir à l'ordre clérical et qu'elles osent transgresser les règles de fonctionnement sexiste si elles veulent parvenir à mettre en place une ecclésia égalitaire.Although women constitute the pillars in the ongoing life of the Church, their status is not equal to that of men and they play a secondary role in the institution. For at least the last twenty years, women have been demanding changes such as : the participation in the elaboration of official statements, the betterment of working conditions and the use of inclusive language in liturgical celebrations. Many women, who have a theological formation, endeavour to make the clergy realize the necessity of developing relationhips of real equality. This implies a concrete division of power and responsability. Given the degree of resistance in the institutional Church, women may have to accept disobedience to clerical power, thus breaking the rules of a sexist functioning in order to establish an Ecclesia of equality. (shrink)

Sartre's reading of Harald Höffding's works was instrumental in his critical reception of Spinoza. One may find traces of Höffding's critical monism in Sartre's Being and Nothingness . Höffding had formulated his critical monism in order to remedy what he perceived to be problems in Spinoza's view. Sartre's critique of Spinoza aligns with that of Höffding. Moreover, Höffding's influence on Sartre goes well beyond the reception of Spinoza. Indeed, the young Sartre's interest in Bergson, psychology and questions relative to the (...) totality of Being could have followed from his reading of Höffding. In fact, the way in which Höffding tackles questions about the soul, the world, and God illuminates the timid proposals offered by Sartre in the conclusion of Being and Nothingness. Thus, understanding Höffding French Cet article démontrera que la réception critique de Spinoza par Sartre est influencée par sa lecture des oeuvres de Harald Höffding. Une lecture attentive permet d'identifier des traces du monisme critique de celui-ci dans L'être et le néant . Ce monisme critique avait été formulé afin de pallier aux problèmes perçus par Höffding chez Spinoza. Or, cette même critique se retrouve chez Sartre. De plus, cet article fera aussi la démonstration que l'influence de Höffding sur Sartre va au-delà de la réception de Spinoza. En effet, l'intérêt du jeune Sartre pour Bergson, la psychologie et les questions relatives à la totalité de l'Être pourraient être le résultat de sa lecture de Höffding. En fait, la manière dont Höffding traite des questions de l'âme, du monde et de Dieu éclairent les timides propositions métaphysiques offertes par Sartre en conclusion de L'être et le néant . Par conséquent, bien comprendre Höffding permet de mieux comprendre Sartre. (shrink)

ABSTRACT: This paper tries to show that the idea of a right of the criminal to being punished, which founds and legitimizes Hegel's retributive conception of justice in his Philosophy of Right, is closely linked infact with the way he used to think about the tragic in his early writings. Moreover, in the light of Schelling's reading of the tragic conflict aroused by the affirmation of freedom, in the Letters on Criticism and Dogmatism, it will be possible to investigate what (...) this substantial background, thus interfering with law, concretely means for the question of Justice. (shrink)

Dans la Généalogie de la morale, Nietzsche assortit son projet d’une « critique des valeurs morales », de l’exigence d’une « autocritique de la connaissance ». Cet article tente de montrer que ce projet implique l’admission d’un lien intime entre la connaissance de soi et la morale, ce qui prête à la Préface son caractère autobiographique et le légitime à la fois.

L’objectif de cet article est de repondre à la question de savoir si la saisie d’un être humain en tant qu’être humain, un thème qui émerge au §270 de la Philosophie du droit, peut constituer un rempart contre les deux fanatismes que Hegel y évoque d’un seul tenant, à savoir l’exclusion de minorités religieuses par l’État ou, à l’inverse, le rejet des valeurs et des institutions éthiques auxquelles adhèrent la majorité pour des motifs religieux. J’y répondrai que oui, que l’être (...) humain en sa valeur d’être humain peut constituer un tel rempart, à condition toutefois de dépasser la conception sociale de la normativité à laquelle tend la compréhension hégélienne de la vie éthique (Sittlichkeit), parce que cette conception pave la voie au totalitarisme, en ce qu’elle se rapproche d’une thèse situationniste. (shrink)

L'objectif de cet article est de montrer, contre toute attente peut-être, que le thème du nouveau est au centre du projet proustien d'une « recherche du temps perdu ». autrement dit de sa conception de l'art comme une réminiscence. Compris dans un sens anti-platonicien, le nouveau correspond ultimement chez Proust à notre besoin d'être.

L'objectif de cet article est de montrer, contre toute attente peut-être, que le thème du nouveau est au centre du projet proustien d'une « recherche du temps perdu », autrement dit de sa conception de l'art comme une réminiscence. Compris dans un sens anti-platonicien, le nouveau correspond ultimement chez Proust à notre besoin d'être.

Surgical devices are often marketed before there is good evidence of their safety and effectiveness. Our paper discusses the ethical issues associated with the early marketing and use of new surgical devices from the perspectives of the six groups most concerned. Health Canada, which is responsible for licensing new surgical devices, should amend their requirements to include rigorous clinical trials that provide data on effectiveness and safety for each new product before it is marketed. Industry should comply with all Health (...) Canada requirements to obtain licenses for new products. Until Health Canada requires effectiveness and safety data, industry should cooperate with physicians in appropriate studies before releasing new products and should make balanced presentations of all the available evidence. Surgeons should, before using a new surgical device, assess the evidence on its effectiveness and safety and ensure they are properly trained and competent in using the device. Surgeons should provide their patients with an evaluation of the available evidence and inform them about possible complications and the surgeon's level of experience with the new device. Patients, who should be given an honest evaluation of the available evidence, possible complications, and the surgeon's experience, should be encouraged to evaluate the evidence and information to their own satisfaction to ensure that fully informed consent is given. Health institutions, responsible for regulating practice within their walls, should review new devices for safety, effectiveness, and economic impacts, before allowing their use. They should also limit the use of new surgical devices to surgeons trained and competent in the new technology. Professional societies should provide guidance on the early adoption of new surgical devices and technologies. We urge all those involved in the development, licensing, and use of new surgical devices to aim for higher ethical standards to protect the health and safety of patients requiring surgery. The lowest acceptable ethical standard would require device manufacturers to provide surgeons with accurate and timely information on the efficacy and safety of their products, allowing surgeons and patients to evaluate the evidence (and the significance of information not yet available) before surgery. (shrink)

This study examined the relationship between moral distress intensity, moral distress frequency and the ethical work environment, and explored the relationship of demographic characteristics to moral distress intensity and frequency. A group of 106 nurses from two large medical centers reported moderate levels of moral distress intensity, low levels of moral distress frequency, and a moderately positive ethical work environment. Moral distress intensity and ethical work environment were correlated with moral distress frequency. Age was negatively correlated with moral distress intensity, (...) whereas being African American was related to higher levels of moral distress intensity. The ethical work environment predicted moral distress intensity. These results reveal a difference between moral distress intensity and frequency and the importance of the environment to moral distress intensity. (shrink)

This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies (...) to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. (shrink)

In this article, Herrie and Sørensen examine the mediation of typing indicators (“…”) in online messaging. Their point of departure is a scene from the contemporary novel Exciting Times by Naoise Dolan (2020), in which the ‘dots’ play a prominent role. Their analysis shows how typing indicators, as interface design, mediate the complex communication situation in which they take part: from being mere signals, they have slipped into our emotional lives. From a semiotic perspective (Charles S. Peirce), the authors define (...) typing indicators as uncertain indices which through unknowability and suspense establish an attentional presence. In continuation hereof, the authors argue that the acts of writing and waiting in contemporary attentional ecologies (Yves Citton) through the mediation of typing indicators as indicators of attentional presence, could be considered a mode of caring (Bernard Stiegler). (shrink)

Future mobility planning to cope with ongoing environmental challenges such as air pollution has to be anchored in the work of every public authority worldwide. One recent trend that could support public authorities to meet the European Union’s sustainability targets is the creation and sharing of transport and mobility “big” data between public authorities via tools such as crowdsourcing. While the benefits of the use of big data to increase public authorities’ efficiency and effectivity and their citizens’ lives is well (...) understood, examples from the public sector that highlight public authorities’ engagement in such sharing activities is still missing. To date relevant literature has highlighted issues around the capacity of public authorities that hinder shared activities. In this paper we want to raise distrust as a key reason for lack of engagement. Based on comprehensive data collected over the period of 4 years via several workshops and semi-structured interviews with seven public authorities in Europe, we are able to demonstrate that a major obstacle for not providing and sharing data via crowdsourcing for mutual benefit lies primarily in the hands of the public authority’s servants of the middle and high-level management. Our results show firstly, that distrust may emerge toward different referents such as the community, particular individuals, or the technology itself and thus, managerial implications have to be very specific to overcome distrust. Secondly, we show how distrust may spread from one referent to another through negative reciprocity and which, if unchecked may lead to an all-encompassing state that affects the whole sharing economy framework and inhibits potential benefits. (shrink)

Navigating to goal locations in a known environment (wayfinding) can be accomplished by different strategies, notably by taking habitual, well-learned routes (response strategy) or by inferring novel paths, such as shortcuts, from spatial knowledge of the environment's layout (place strategy). Human and animal neuroscience studies reveal that these strategies reflect different brain systems, with response strategies relying more on activation of the striatum and place strategies associated with activation of the hippocampus. In addition to individual differences in strategy, recent behavioral (...) studies show sex differences such that men use place strategies more than women, and age differences such that older adults use more response strategies than younger adults. This paper takes a comprehensive multilevel approach to understanding these differences, characterizing wayfinding as a complex information processing task. This analysis reveals factors that affect navigation strategy, including availability of the relevant type of environmental knowledge, momentary access to this knowledge, trade-offs between physical and mental effort in different navigation contexts, and risk taking. We consider how strategies are influenced by the computational demands of a navigation task and by factors that affect the neural circuits underlying navigation. We also discuss limitations of laboratory studies to date and outline priorities for future research, including relating wayfinding strategies to independent measures of spatial knowledge, and studying wayfinding strategies in naturalistic environments. (shrink)

Navigating to goal locations in a known environment (wayfinding) can be accomplished by different strategies, notably by taking habitual, well-learned routes (response strategy) or by inferring novel paths, such as shortcuts, from spatial knowledge of the environment's layout (place strategy). Human and animal neuroscience studies reveal that these strategies reflect different brain systems, with response strategies relying more on activation of the striatum and place strategies associated with activation of the hippocampus. In addition to individual differences in strategy, recent behavioral (...) studies show sex differences such that men use place strategies more than women, and age differences such that older adults use more response strategies than younger adults. This paper takes a comprehensive multilevel approach to understanding these differences, characterizing wayfinding as a complex information processing task. This analysis reveals factors that affect navigation strategy, including availability of the relevant type of environmental knowledge, momentary access to this knowledge, trade-offs between physical and mental effort in different navigation contexts, and risk taking. We consider how strategies are influenced by the computational demands of a navigation task and by factors that affect the neural circuits underlying navigation. We also discuss limitations of laboratory studies to date and outline priorities for future research, including relating wayfinding strategies to independent measures of spatial knowledge, and studying wayfinding strategies in naturalistic environments. (shrink)

Secrecy and ethics are often seen as opposing forces within organizations. Secret work is viewed as unethical, as it excludes others from knowing and is associated with self-interested behavior. We contend that this view does not account for the dynamic inherent to secrecy and to the fact that ethics is embedded in social relations. This paper suggests an alternative view. We consider secrecy as a social process which allows employees to maintain their ethics when faced with managerial policies that affect (...) the quality of their work. Building on an in-depth case study of a team of journalists who worked in secret after their managers decided to prioritize the interests of shareholders and advertising firms, we show how these journalists managed to maintain collective ethics through secrecy and to do their work according to their own moral principles. This paper offers two primary contributions. First, we show a mutually beneficial relationship between ethics and secrecy in organizations, wherein secrecy helps maintaining ethics in everyday work. Second, the paper shows how secrecy can lead to ethical resistance, via a transformation of the power relationship with managers. (shrink)

In their book Spare Parts, published in 1992, Fox and Swazey criticized various aspects of organ transplantation, including the routinization of the procedure, ignorance regarding its inherent uncertainties, and the ethos of transplant professionals. Using this work as a frame of reference, we analyzed articles on organ transplantation published in internal medicine and transplantation journals between 1995 and 2008 to see whether Fox and Swazey’s critiques of organ transplantation were still relevant.

The authors study U.S. stockbrokers, workers directly affected by the technological and economic forces of globalization. Drawing on interviews with 61 brokers and managers in four firms, they find that competition from electronic communication networks and international markets has increased the pace of work for stockbrokers, spurred online and after-hours trading, and may prompt the major stock exchanges to establish later trading sessions known as extended-hours trading. These events are lengthening already long working days for brokers and contributing to a (...) deficit of the time and energy they have to care for their families. These developments also reinforce gender inequality at home and in the workplace. The authors also find an alternative response to this globalization: The discount firm model, which creates the conditions for more gender balance in jobs and careers and thus the possibility for greater gender balance in the provision of care. (shrink)

The artist's process -- Making -- Experiencing -- Practice -- The social value of art -- Democracy -- Participation -- Communication.

This is a unique, groundbreaking study in the history of philosophy, combining leading men and women philosophers across 2600 years of Western philosophy, covering key foundational topics, including epistemology, metaphysics, and ethics. Introductory essays, primary source readings, and commentaries comprise each chapter to offer a rich and accessible introduction to and evaluation of these vital philosophical contributions. A helpful appendix canvasses an extraordinary number of women philosophers throughout history for further discovery and study.

Engaging a broad range of Platonic dialogues, this collection of essays by distinguished scholars in political theory and philosophy explores the relation of Socratic philosophizing to those activities with which it is typically opposed—such as tyranny, sophistry, poetry, and rhetoric. The essays show that the harder one tries to disentangle Socrates’ own activity from that of its apparent opposite, the more entangled they become; yet, it is only by taking this entanglement seriously that the distinctive character of Socratic philosophy emerges. (...) The collection sheds new light on the ways in which Plato not only represents philosophy in relation to what it is not, but also makes it “strange” to itself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 14.4 (2004) 411-425 [Access article in PDF] Vulnerability, Vulnerable Populations, and Policy Mary C. Ruof "Special justification is required for inviting vulnerable individuals to serve as research subjects and, if they are selected, the means of protecting their rights and welfare must be strictly applied."Guideline 13: Research Involving Vulnerable Persons International Ethical Guidelines for Biomedical Research Involving Human Subjects Council for International Organizations of (...) Medical Sciences (CIOMS) and World Health Organization (WHO) Geneva, Switzerland, 2002 Within medical research and healthcare certain groups are afforded special protections and services because of their designation as vulnerable. The vulnerable require special justification to participate in human subject research in order to eliminate potential human rights abuses. The Nuremberg Code of 1947 was written in response to the extreme human subject abuses that occurred under the Nazi regime, and, although the intent of the 1947 Code was to protect human rights, rigid voluntary consent requirements deprived some individuals of the right to participate in clinical trials. Recent human research guidelines, such as the CIOMS/WHO guidelines referenced above and the guidelines referenced in Section V of this Scope Note, attempt to balance both protection from abuse in research and access to new, experimental treatments for the vulnerable.Although various protective guidelines stipulate special protections for vulnerable populations, the concept of vulnerability and consequently the criteria designating vulnerable populations remain vague. Precisely who are the vulnerable? The word "vulnerability" stems from the Latin vulnerare, "to wound." (Oxford Encyclopedic English Dictionary 1995). In clinical research, the term [End Page 411] vulnerable generally is applied to individuals who are unable to give informed consent or who are susceptible to coercion. The Common Rule (45 CFR 46, Subpart A) includes as vulnerable research subjects: children, prisoners, pregnant women, and persons who are handicapped, mentally disabled, economically disadvantaged, or educationally disadvantaged. Although the Common Rule specifies certain vulnerable categories, the guidelines were not intended to be exclusive, leaving open the interpretation of vulnerability.In medical research and health policy, vulnerability is an abstract concept that has concrete effects both for those labeled vulnerable and for those not. Clinical researchers, healthcare workers, ethical reviewers, and policymakers must be able to identify vulnerable subjects to establish how healthcare resources will be allocated and who will qualify for special protections and socialized benefits. Attempts to quantify vulnerability in clear, measurable ways have met little if any consensus. As Alexander Morawa (II, 2003, p. 150) states, "There is no single approach to definition of vulnerability. In fact, there is no purposeful categorisation at all."Difficulties in defining vulnerability have prompted discourse surrounding its utility as a qualifying factor in the allocation of health resources and its appropriateness as a guiding principle in bioethics. Some of the authors cited in this Scope Note argue against the labeling and categorization of vulnerable individuals and populations. "Labeling individuals as 'vulnerable' risks viewing vulnerable individuals as 'others' worthy of pity, a view rarely appreciated" (III, Danis and Patrick 2002, p. 320). The categories of vulnerable groups listed under the Common Rule have been the source of controversy, "for example, many find the suggestion that pregnant women are vulnerable to be quite sexist" (IV, DeBruin 2001, p. 7). Instead of creating categories of vulnerable populations, would it not be better to derive an account of just treatment from a just social policy at large that encompasses human vulnerabilities (II, Brock 2002, p. 283).For some of the authors listed here, the concept of vulnerability is essential to bioethics. Robert Goodin (I, 1985, p. 107) writes that the vulnerability of other human beings is the source of our special responsibilities to them. In contrast to the four American principles of biomedical ethics—autonomy, nonmaleficence, beneficence, and justice—the four principles of European bioethics and biolaw include vulnerability along with autonomy, dignity, and integrity. According to, Jacob Dahl Rendtorff and Peter Kemp (I, 2000, p. 274) "the principle of vulnerability is ontologically prior to the other [European] principles, it expresses better than all of the other ethical principles... the finitude of the human condition."Some of the... (shrink)

Imaging Wisdom, Seeing and Knowing in the Art of Indian Buddhism. Jacob N. Kinnard. Curzon Press, Richmond 1999. xi, 210 pp., 16 figures. £40.00. ISBN 0-7007-1083-3.