An ethical dilemma exists regarding client referral. Standards 2.01(b) (Boundaries of Competence) and 3.01 (Unfair Discrimination) of the American Psychological Association's Ethical Principles of Psychologists Code of Conduct provide psychologists with contradictory reasons to take possibly conflicting and incompatible courses of action when considering whether to refer a client. The professional literature that has explored the benefits of referring clients when the psychologist does not believe that he or she is able to work with the client's presenting concern, however, has (...) failed to examine the times in which referring may not be appropriate and, more specifically, may be an act of discrimination. This article seeks to initiate the discussion around this issue. (shrink)

From Han Yu’s yuan Dao 原道 (retracing the Dao) to Ouyang Xiu’s lun ben 论本 (discussing the root), the conflicts arising from Confucianists’ rejection of Buddhism were focused on one point, namely, the examination of zhongxin suo shou 中心所守 (something kept in mind). The attitude towards the distinction between mind and trace, and the proper approach to erase the gap between emptiness and being, as well as that between the expedient and the true, became the major concerns unavoidable for various (...) thinkers to integrate the two teachings and to propel academic development. To understand by mind and to blame for matter were of crucial methodological significance for transcendence in both Confucianism and Buddhism. The arguments of Confucian scholars like Zhang Zai and the Cheng brothers on the identity of mind and trace and the unity of void and solid are mutually manifested. The same mind with the same principle means mind is principle. The common axis of Confucianism and Buddhism exists in the emphasis on mind beyond trace. The unification of mind and trace or the accordance of body and function has actually become the cardinal foundation for the possible mergence of the Three Teachings. (shrink)

Pickering, Newton-Howes, and Young assert that the traditional view of decisional capacity, premised on assessing patients’ abilities to communicate, understand, appreciate,...

Although the Federal Common Rule requires that informed consent documents include all material information, it does not specify the content of materials used to recruit human subjects. In particular, there is no federal regulation relating to how payment for research participation is to be advertised. Rather, the FDA has issued guidance, advising researchers not to emphasize payment information. In order to determine how IRBs have interpreted this guidance, we coded the policies of the top 100 institutions by receipt of NIH (...) funding, in order to determine whether they require, permit, or forbid researchers to disclose the amount of compensation in their recruitment materials. We found that the vast majority of institutions implicitly or explicitly permit such disclosures; however, there are a significant number of IRBs at each extreme, some discouraging or forbidding with others encouraging or mandating such disclosures. Such heterogeneity in local regulations suggests that IRB discretion may be imposing costs on human subjects and the scientific enterprise that outweigh the benefits. We suggest that this heterogeneity should be resolved towards a national consensus on permissibility. (shrink)

Elizabeth Lanphier and Uchenna E. Anani provide a powerful argument for the value of a trauma-informed approach to the ethics consultation, which acknowledges the perspectives of all stakeho...

Persons with dementia often prefer to participate in decisions about their health care, but may be prevented from doing so because healthcare decision-making law facilitates use of advance directives or surrogate decision makers for persons with decisional impairments such as dementia. Federal and state disability law provide alternative decision-making models that do not prevent persons with mild to moderate dementia from making their own healthcare decisions at the time the decision needs to be made. In order to better promote autonomy (...) and wellbeing, persons with dementia should be accommodated and supported so they can make their own healthcare decisions. (shrink)

In this target article by Morain and Largent (2023), the authors focus on an investigator’s duty to patient-subjects specifically regarding incidental or collateral findings within the context of e...

A currently popular proposal for fairly distributing emission quotas is the equal shares view, which holds that that emission quotas should be distributed to all human beings globally on an equal per capita basis. In this paper I aim to show that a number of arguments in favour of equal shares are based on a misleading analysis of climate change as a global commons problem. I argue that a correct understanding of the way in which climate change results from the (...) overuse of a global commons shows those who defend equal shares using commons arguments to be harbouring more controversial commitments than might at first appear. I then discuss two options for equal shares theorists who wish to maintain the view in the face of my critique, and attempt to show that one approach holds more promise than the other. (shrink)

Worldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification (...) that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity. (shrink)

The field of science communication is plagued by challenges. Communicators face the difficulty of responding to unjustified public skepticism over issues like climate change and COVID-19 while also acknowledging the fallibility and limitations of scientific knowledge. Our goal in this paper is to suggest a new model for science communication that can help foster more productive, respectful relationships among all those involved in science communication. Inspired by the pragmatist philosophy of John Dewey, we develop an experience model, according to which (...) science communication consists in people’s experiences with science and the meanings they develop from those experiences. Three principles are central to the model: experience is cumulative, context matters, and audiences have agency. We argue that this model has significant implications both for communication research and practice, which we illustrate by applying it to the phenomenon of vaccine hesitancy. We show how science communicators can help to identify and alleviate structural factors that contribute to skepticism as well as fostering opportunities for meaning making around shared experiences. (shrink)

We were interested to read the current target article, given our admiration for the senior author’s comprehensive coverage of these same topics a decade ago (Donley, Hul...

Discussion of supported decision making has been dominated by legal scholars, philosophers, and advocates for persons with disabilities. Peterson et al.’s primary contribution is introducing...

Neo-Confucianism of the Han and Tang dynasties is an indispensable part of the history of Chinese philosophy. From Han dynasty Confucians to Tang dynasty Confucians, the study of Confucian classics evolved progressively from textual research to conceptual explanation. A significant sign of this transformation is the book Lunyu Bijie 论语笔解 (A Written Explanation of the Analects), co-authored by Han Yu and Li Ao. Making use of the tremendous room for interpretation within the Analects, the book studied and reorganized the relationship (...) between the study of literature and the Dao and principles. It clearly shows an inevitable development of Confucianism, shifting its focus from phenomena to the nature of the heart-mind in order to comprehend nature and heavenly Dao, both of which cannot be heard (from Confucius). (shrink)

Definition of the problem Enjoyment has not yet played a significant role in ethical approaches to (geriatric) care. Rather, the focus of ethical considerations is often on questions of self-reliance and autonomy. Relevant topics are skills loss issues and how to deal with them. Although it is very important to allow grief in the context of the need for care and of aging, the question remains: in how far could an ethics of enjoyment help to set a further focus on (...) questions of relish. Argumentation and sources Philosophical and theological approaches such as those of Emmanuel Lévinas, Ina Praetorius and Corine Pelluchon show the fundamental importance of corporeality, being nourished and enjoyment. Also, moments of sensual indulgence are valued as meaningful by nursing staff and by persons cared for. These moments can be part of professional care but also happen in situations that go beyond nursing activity in the narrower sense. Moments of enjoyment are interrelated with livability, happiness and health but cannot be fully functionalized. Conclusion An ethics of enjoyment based on these approaches can enrich the perception of care and the theoretical and empirical study of care. This article offers an ethical introduction into the topic and a draft of an ethics of enjoyment in theses. (shrink)

One particularly influential strand of the contemporary philosophical literature on the metaphysics of social institutions has been the collective acceptance approach, most prominently advocated by John Searle and Raimo Tuomela. The continuing influence of the collective acceptance approach has resulted in alternative accounts that either preserve a role for collective acceptance, or replace it with some other kind of mental state. I argue that this emphasis on the mental in the metaphysics of social institutions is a mistake. First, I raise (...) problems for the collective acceptance approach itself, then for pluralist approaches that preserve a role for collective acceptance, and finally for approaches that replace collective acceptance with individual mental states such as beliefs and intentions. Lest my arguments undermining these approaches to the metaphysics of social institutions seem to also undermine our ability to give such a metaphysics at all, I end by sketching an alternative approach: focusing only on observable behavior, with no role for mental states. (shrink)

This article examines the issues that are at stake in the current resurgence of interest in the subject of habit. We focus on the role that habit has played in conceptions of the relations between body and society, and the respects in which such conceptions have been implicated in processes of governance. We argue that habit has typically constituted a point of leverage for regulatory practices that seek to effect some realignment of the relations between different components of personhood – (...) will, character, memory and instinct, for example – in order to bring about a specific end. In reviewing its functioning in this regard across a range of modern disciplines – philosophy, psychology, sociology – we explore the tensions between its use and interpretation in different lineages: in particular, the Cartesian–Kantian/ravaisson–bergson–deleuze lineages. The article then identifies how these questions are addressed across the contributions collected in this special issue. (shrink)

Land is becoming increasingly scarce relative to the demands of the global economy; a problem significantly exacerbated by climate change. In response, some have suggested that land should be conceptualised as a global commons. This framing might seem like an appealing way to promote sustainable and equitable land use. However, it is a poor fit for the worldʼs land because global commons are generally understood as resources located beyond state borders. I argue that land can be seen to fit the (...) definition of a global commons, if viewed in a particular way; namely, as a biogeochemical resource system that sequesters carbon emissions. The question then arises whether land should be conceptualised as a global commons. I consider this question by reference to three contemporary problems of land justice (land grabbing, forced displacement, and unfairness in land-based climate mitigation); arguing that the global-commons framing will not be conducive to understanding or responding to these problems. I leave the question of how the global community should conceptualise land in the context of climate change open, claiming that any answer must include the voices and perspectives of those whose livelihoods and identities are closely connected to the land. (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

This article explores a theoretical legacy that underpins the ways in which many social scientists come to know and understand obesity. In attempting to distance itself from essentialist discourses, it is not surprising that this literature focuses on the discursive construction of fat bodies rather than the materiality or agency of bodily matter. Ironically, in developing arguments that only critique representations of obesity or fat bodies, social science scholars have maintained and reproduced a central dichotomy of Cartesian thinking – that (...) between social construction and biology. In this article I examine the limitations of social constructionist arguments in obesity/critical fat studies and the implications for ignoring materiality. Through bringing together the theoretical insights of material feminism and obesity science’s attention to maternal nutrition and the fetal origins hypothesis, this article moves beyond the current philosophical impasse, and repositions biological and social constructionist approaches to obesity not as mutually exclusive, but as one of constant interplay and connectedness. (shrink)

There is a long philosophical tradition of skepticism about the possibility of adequate paraphrases for metaphorical utterances. And even among those who favor paraphrasability, there is a tendency to think that paraphrases of metaphorical utterances may themselves have to be non-literal. I argue that even the most evocative and open-ended metaphorical utterances can be literally and adequately paraphrased, once we recognize that they are actually indirect speech acts—specifically, indirect directives that command the hearer to engage in an open-ended comparison. This (...) leads to an overall picture in which trite, unevocative metaphorical utterances admit of just straightforward, usually non-directive literal paraphrases, while the most evocative metaphorical utterances admit of only indirect directive paraphrases, and metaphorical utterances in a third category admit of two literal paraphrases, one of which is straightforward and usually non-directive, and the other of which takes the indirect directive form. This argument for literal paraphrasability is intended to demystify metaphor, but not to undercut metaphor’s tremendous value as a communicative device. (shrink)

Art in Western civilization has become a commodity that is fixed to walls and viewed through the eyes. In fact, most museums and galleries post “Do not touch” signs dissuading audiences from partaking in anything but the visual aspects of art. Yet art production is something that is inherently tactile; it involves engaging with art media such as paint and brush or clay that is molded by the human hand.1 Compounded by the “Do not touch” attitude is the taboo in (...) society that draws people away from sensuality, especially touch. Yet touch is a natural way of exploring the world and, according to many researchers, a natural and important way of exploring art as well.2 There are many historical examples of art that have .. (shrink)

The approach of returning to the original and recovering nature is a typical characteristic of Chinese philosophy. It was founded by the Daoist School and followed by both Daoist and Confucian schools. The precondition of returning to the original and recovering nature is the stillness and goodness within nature integrated into a whole afterwards. Its implementation includes not only returning to the original root so as to achieve the philosophical aim but also restoration to the original nature after it is (...) injured by man’s physical nature and desire. The realization of human nature depends on the work making up for the loss of the original nature. Although there are different methods of realization concerning the return to the original nature, such as returning to the root, seeking the lost mind, extinguishing desire, being good at return, and the self-consciousness of intuitive knowledge, all of these aim at returning to the original nature of stillness and purity. The philosophical value consists in the unceasing pursuit of returning to the original nature. (shrink)

Bringing to light new facets in the philosophy of Emmanuel Levinas and William James, Megan Craig explores intersections between French phenomenology and American pragmatism.

Kolbe and de Melo-Martin (2023) describe fatal problems in current definitions and measurement of moral distress and injury (MD/I) in medical professionals, which impede development of genuine atte...

Here are two widely held positions on the ethics of dating: First, people are generally morally justified in excluding people they don’t find attractive from their dating pool. Second, people are not justified in maintaining a dating pool that is racially exclusive, even on grounds like attraction. In this paper, we demonstrate how these positions are consistent. To do so we differentiate our attitudes in dating and our dating behavior. Then we show how existing criticisms of racialized attitudes in dating (...) are incomplete as practical criticisms of our behavior. Finally, we give our account of the moral reasons whites have to change their dating preferences when they exclude people of color. In doing so, we supplement existing discussions of race-based discrimination in dating. (shrink)

The topic of fake news has received increased attention from philosophers since the term became a favorite of politicians (Habgood-Coote 2016; Dentith 2016). Notably missing from the conversation, however, is a discussion of fake news and conspiracy theory media as a market. This paper will take as its starting point the account of noxious markets put forward by Debra Satz (2010), and will argue that there is a pro tanto moral reason to restrict the market for fake news. Specifically, we (...) begin with Satz’s argument that restricting a market may be required when i) that market inhibits citizens from being able to stand in an equal relationship with one another, and ii) this problem cannot be solved without such direct restrictions. Our own argument then proceeds in three parts: first, we argue that the market for fake news fits Satz’s description of a noxious market; second, we argue against explanations of the proliferation of fake news that are couched in terms of “epistemic vice”, and likewise argue against prescribing critical thinking education as a solution to the problem; finally, we conclude that, in the absence of other solutions to mitigate the noxious effects of the fake news market, we have a pro tanto moral reason to impose restrictions on this market. At the end of the paper, we consider one proposal to regulate the fake news market, which involves making social media outlets potentially liable in civil court for damages caused by the fake news hosted on their websites. (shrink)

This article provides an analysis of bioprinting personalised medical device technology and its ethical challenges to regulation and research ethics. I argue the inclusion of bioprinting applications within existing regulatory frameworks does not adequately address the technologies disruption to the traditionally siloed activities of research and treatment. Using the conceptual framework of liminality, I offer a meaningful way to engage with this technology and address some identified concerns with how it will be categorised and the appropriate recognition of its evidentiary (...) thresholds. I demonstrate these concerns through the exploration of limited conventional research methodologies tasked with the production of generalisable knowledge, specifically population-based evidence that is derived from Randomised Clinical Trials. I use Australian regulatory amendments introduced in 2021 as an example of current regulatory trajectories and highlight why I believe this approach to be insufficient. The significance of this argument will be to demonstrate the disruption of bioprinting applications to current approaches in medical policy, and how various jurisdictions are enacting regulation that is not fit for purpose. (shrink)

Modernist Fiction and Vagueness marries the artistic and philosophical versions of vagueness, linking the development of literary modernism to changes in philosophy. This book argues that the problem of vagueness - language's unavoidable imprecision - led to transformations in both fiction and philosophy in the early twentieth century. Both twentieth-century philosophers and their literary counterparts were fascinated by the vagueness of words and the dream of creating a perfectly precise language. Building on recent interest in the connections between analytic philosophy, (...) pragmatism, and modern literature, Modernist Fiction and Vagueness demonstrates that vagueness should be read not as an artistic problem but as a defining quality of modernist fiction. (shrink)

Rising energy costs, increasing herd sizes, and other structural changes affecting the New York dairy industry may make farmers receptive to new energy production technologies. Anaerobic digestion represents a possible benefit to farmers by reducing odor while producing methane for electricity. However, current digester designs are for herd sizes of 300 or more cows, with significant economies of scale, so smaller operators may have little interest in the technology. Moreover, without a favorable policy environment and reliable grant programs, the initial (...) investments required for digester installation might deter operators. One solution to these issues may be community digesters, which are centrally located facilities that accept manure from multiple farms. Data from a survey of New York dairy farmers were used to assess farmers’ interest in community digesters. In general, interest was associated with power generation outcomes and reservations about organic farming practices; advocates might encourage their use among smaller conventional farm operators looking for new sources of profit and diversification. (shrink)