In the Doctrine of Virtue Kant divides duties of love into three categories: beneficent activity , gratitude and Teilnehmung – commonly referred to as the duty of sympathy . In this paper I will argue that the content and scope of the third duty of love has been underestimated by both critics and defenders of Kant's ethical theory. The account which pervades the secondary literature maintains that the third duty of love includes only two components: an obligation to make use (...) of our natural receptivity to sympathetic feelings as a means to fulfilling other duties of love, and an indirect duty to cultivate these feelings. As a result, Kant's duty of sympathy has been widely regarded as a duty whose value is derived from the way in which it serves other duties, in particular, the duty of beneficent activity, which obliges agents ‘to promote according to one's means the happiness of others in need’ . Teilnehmung has thus assumed something of a second-class status among the duties to others. My aim in this paper is to demonstrate that the prevailing account of Kant's third duty of love is incomplete. (shrink)

Health care has become increasingly patient-centred and medical guidelines are considered to be one of the instruments that contribute towards making it so. We reviewed the literature to identify studies on this subject. Both normative and empirical studies were analysed. Many studies recommend active patient participation in the process of guideline development as the instrument to make guidelines more patient-centred. This is done on the assumption that active patient participation will enhance the quality of the guidelines. We found (...) no empirical evidence, however, to support this assumption. Moreover, the studies show that patients experience several difficulties in the participation process, which cannot solely be traced back to flawed practices. Given this poor track record we conclude that the plea to actively involve patients in the guideline development process should be reconsidered. (shrink)

The most recent restatements of stakeholder theory formulate that approach in terms of the distribution of value: “A stakeholder approach to business is about creating as much value as possible for stakeholders, without resorting to tradeoffs” (Freeman et al. 2010: 28). This formulation marks a shift from earlier work, which included a procedural dimension—a requirement that stakeholders participate in organization decision making. The present paper pushes back against this shift: it argues that orienting the stakeholder approach around the participation (...) requirement provides for a different moral logic, one not available to (now) conventional stakeholder theorizing (without that requirement), and one that may be more compelling to many. This argument requires critical re-examination of the moral arguments offered in the most recent restatements of the stakeholder approach. (shrink)

Biobanks for long-term research pose challenges to the legal and ethical validity of consent to participate. Different models of consent have been proposed to answer some of these challenges. This paper contributes to this discussion by considering the meaning and value of consent to participants in biobanks. Empirical data from a qualitative study is used to provide a participant view of the consent process and to demonstrate that, despite limited understanding of the research, consent provides the research participants with some (...) level of control and a form of self determination that they value. Participation is framed as a moral act of a responsible citizen providing reinforcement of self identity. Consent symbolizes the trust invested in researchers and research institutions to use the biobank for the public good. The paper argues that consent continues to play an important role in biobank participation and that a participant view should inform proposals to modify consent processes. (shrink)

Who should have a right to take part in which decisions in democratic decision making? This “boundary problem” is a central issue for democracy and is of both practical and theoretical import. If nothing else, all different notions of democracy have one thing in common: a reference to a community of individuals, “a people”, who takes decision in a democratic fashion. However, that a decision is made with a democratic decision method by a certain group of people doesn’t suffice for (...) making the decision democratic or satisfactory from a democratic perspective. The group also has to be the right one. But what makes a group the right one? The criteria by which to identify the members of the people entitled to participate in collective decisions have been surprisingly difficult to pin down. In this paper, I shall revisit some of the problems discussed in my 2005 paper in light of some recent criticism and discussion of my position in the literature, and address a number of new issues. (shrink)

ABSTRACT Biobanks for long‐term research pose challenges to the legal and ethical validity of consent to participate. Different models of consent have been proposed to answer some of these challenges. This paper contributes to this discussion by considering the meaning and value of consent to participants in biobanks. Empirical data from a qualitative study is used to provide a participant view of the consent process and to demonstrate that, despite limited understanding of the research, consent provides the research participants with (...) some level of control and a form of self determination that they value. Participation is framed as a moral act of a responsible citizen providing reinforcement of self identity. Consent symbolizes the trust invested in researchers and research institutions to use the biobank for the public good. The paper argues that consent continues to play an important role in biobank participation and that a participant view should inform proposals to modify consent processes. (shrink)

TO ADDRESS THE ROLE OF CHILDREN AND FAMILIES IN STRUGGLES FOR justice, we must bear in mind not "family" in the abstract but particular families in particular times and places. The decisions and actions of particular families—certain African American and white families with children of high school age in Little Rock, Arkansas, during the academic years 1957 and 1958—prompted the controversy I reconsider here, between the German-born political philosopher Hannah Arendt and African American participants and leaders in the southern civil (...) rights movement, most famously represented by Martin Luther King Jr. (shrink)

The ethical standards that regulate clinical research have multiple rationales. Among them is the need to protect potential subjects from making imprudent decisions, which extends beyond the soft paternalistic concern to protect people from making uninformed decisions to participate in trials. This article argues that a plausible risk/benefit restriction on clinical trials is presumptively justified by hard paternalism, which in turn is supported by a deeper fairness-based rationale. This presumptive case for hard paternalism in research is not defeated by the (...) alleged right to participate in clinical trials, by concerns about insult or status, by the need to conduct early phase trials that promise little to no benefit to participants, or by the recognition that some potential subjects are altruistically motivated. (shrink)

In contrast to most Western countries, routine offer of prenatal screening is considered problematic in the Netherlands. The main argument against offering it to every pregnant woman is that women would be brought into a moral dilemma when deciding whether to use screening or not. This paper explores whether the active offer of a prenatal screening test indeed confronts women with a moral dilemma. A qualitative study was developed, based on a randomised controlled trial that aimed to assess the decision-making (...) process of women when confronted with a test offer. A sample of 59 women was interviewed about the different factors balanced in decision-making. Participants felt themselves caught between a need for knowledge and their unwillingness to take on responsibility. Conflict was reported between wishes, preferences and ethical views regarding parenthood; however, women did not seem to be caught in a choice between two or more ethical principles. Participants balanced the interests of the family against that of the fetus in line with their values and their personal circumstances. Therefore, we conclude that they are not so much faced with an ethical dilemma as conflicting interests. We propose that caregivers should provide the opportunity for the woman to discuss her wishes and doubts to facilitate her decision. This approach would help women to assess the meaning of testing within their parental duties towards their unborn child and their current offspring. (shrink)

In the 2020 Yale Law Journal article, “Commonsense Consent,” Roseanna Sommers argues that deception is compatible with the layperson’s intuitive sense of consent. That is, unlike the canonical understanding of consent defended by legal scholars and philosophers, the notion of consent defended by the folk is not invalidated by deception. In this study, I find that while respondents do appear to attribute consent to victims of deception, they do so in a limited number of contexts – i.e., they attribute de (...) re consent to victims of de dicto deception and attribute de dicto consent to victims of de re deception. When the two varieties of consent and deception are properly disambiguated and matched type for type however, we see the reverse phenomenon – i.e., participants refrain from attributing de dicto consent to de dicto deception and refrain from attributing de re consent to de re deception. If this is right, rather than saying, as Sommers does, that deception generally fails to invalidate commonsense consent, we should refine our understanding of commonsense consent to include two varieties of consent, each of which is in fact invalidated by its own variety of deception. (shrink)

Medieval coin plays an essential role in the imagined history of money: it figures as the primal "commodity money" — a natural medium, spontaneously adopted by parties in exchange who converge upon a metal like silver to represent the value of other goods. As a natural medium with a price objectively established through trade, commodity money appears to offer an independent means of measure in the market. But as the history offered here reveals, medieval money was nothing like its imagined (...) alternative. England’s early coin became a medium when the government began to spend and tax in that unit of account, took coin as a mode of payment, and allowed it to be transferred between people in the meantime. Individuals participated in the arrangement, paying for coin in exchange for the unique quality — liquidity — that set money apart from a commodity. That quality was orchestrated by the very channels that brought public and private together in the project of making a medium. In fact, insofar as the English equated money with the commodity it contained, they engineered instability into the heart of their medium. Depreciating coin — diluting its commodity content — offered a cure. It also confirmed that coin had never been the "commodity money" imagined in later accounts. Coin was, instead, a constitutional medium, one that related the government to its participants and thus helped to configure the world it appeared merely to measure. (shrink)

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable for (...) historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

ABSTRACT Digital mental health interventions have emerged as a promising means of expanding access to mental healthcare. Prospective participants reporting severe symptoms or suicidal ideation are often excluded from DMHI trials and may struggle to access alternative treatments. However, evidence suggests that DMHIs are efficacious for people reporting these characteristics. We suggest that there are risks to both including and excluding people from DMHI trials, and we urge researchers to ensure that their eligibility criteria are designed in an evidence-based and (...) ethically conscious manner. We also make specific recommendations for those working in various other capacities within the academic community. (shrink)

In pseudo-patient study (PPS), fieldworkers cloak their identities and intentions and pose as This enables them to observe the practice of healthcare from within a naturalistic, nonreactive research setting. Rosenhan and his assistants conducted the most famous PPS, where they faked symptoms of schizophrenia so that they could gain admittance to a mental-health facility and observe the treatment that genuine patients were receiving. More subtle pseudo-patients might arrange over the phone, after reporting varying levels of health insurance. Others might provide (...) dummy lab specimens or test a physician's response to technical questions. A few genuine patients have transformed their legitimate stays in the hospital into fieldwork, transforming themselves into disguised participant-observers. (shrink)

International law grants to legitimate combatants the right to kill enemy soldiers both in wars of aggression and defensive wars. A main argument in support of this “combatant’s privilege” is Michael Walzer’s doctrine of the “moral equality of soldiers.” The doctrine argues that soldiers fighting in wars of aggression and defensive wars have the same moral status because they both typically believe that justice is on their side, and their moral choices are equally severely restricted by the overwhelming coercive powers (...) of the state, including propaganda, conscription, and harsh penalties for the refusal to fight. Recently, this doctrine has been convincingly refuted, at least with regard to aggressor soldiers who are part of professional volunteer armies in democratic societies. However, Walzer’s critics have not challenged combatant’s privilege, primarily for a variety of pragmatic reasons. This paper examines these reasons, finds them not decisive, and articulates a modest proposal for denying, under some conditions, combatant’s privilege to aggressor soldiers, making their very participation in a war of aggression a war crime. It is concluded that unrestricted combatant’s privilege is in tension with the aim of the United Nations “to save succeeding generationsfrom the scourge of war.”. (shrink)

It is widely assumed that it is ethical to conduct research with human subjects only if the research has social value. There are two standard arguments for this view. The allocation argument claims that public funds should not be devoted to research that lacks social value. The exploitation avoidance argument claims that subjects are exploited if research has no social value. The primary purpose of this article is to argue that these arguments do not succeed. The allocation argument has little (...) relevance to commercial research. Social value is not necessary to avoid exploitation if subjects benefit from participation. Although the standard arguments for a social value requirement do not succeed, that view might be justified in a different way. It might be justified by appeal to the importance of social trust or the integrity of physician investigators. It is possible but doubtful that these arguments succeed. (shrink)

The Declaration of Helsinki is recognised worldwide as a cornerstone of research ethics. Working in the wake of the Nazi doctors’ trials at Nuremberg, drafters of the Declaration set out to codify the obligations of physician-researchers to research participants. Its significance cannot be overstated. Indeed, it is cited in most major guidelines on research involving humans and in the regulations of over a dozen countries.Although it has undergone five revisions,1 and most recently incorporated language aimed at addressing concerns over research (...) carried out in resource-poor countries,2–5 the Declaration could go much farther in addressing the profoundly altered landscape of research with humans. Research involving humans is now a global enterprise and often involves participants from resource-poor countries. Rather than being carried out at single institutions by veteran researchers, many studies are now conducted at many locations—including sites that are not academic medical centres—by new and relatively inexperienced investigators. A growing number of projects involve novel agents, based on innovative work in genomics and proteomics. Increasingly, research is sponsored by the for-profit sector. National governments and professional organisations around the globe provide laws, regulations and standards for the conduct of research involving humans. Considerable scholarship also critiques and guides this endeavour.In light of the current effort of the World Medical Association to revise the Declaration, we offer ideas on how to re-conceive the concept of “vulnerability” and its links with the principle of justice and, in turn, redirect the attention of researchers towards those who might be so designated.In the research context, “vulnerability” is associated with an inability partly or totally to protect one’s own interests. Typically, conceptions of vulnerability centre upon characteristics associated with particular groups that …. (shrink)

At this crucial time, on the centenary of major reforms, we invite all concerned stakeholders to join us in much needed rethinking for reforms of professional education in the 21st century. . . . All health professionals in all countries should be educated to mobilise knowledge and to engage in critical reasoning and ethical conduct so that they are competent to participate in patient and population-centred health systems as members of locally responsive and globally connected teams. What this Commission argues (...) for is nothing less than a remoralisation of health professionals’ education. For decades, health professionals have colluded with centres of power (governmental, commercial, institutional, even .. (shrink)

In an age when "we are all multiculturalists now," as Nathan Glazer has said, the politics of identity has come to pose new challenges to our liberal polity and the presuppositions on which it is founded. Just what identity means, and what its role in the public sphere is, are questions that are being hotly debated. In this book Susan Hekman aims to bring greater theoretical clarity to the debate by exposing some basic misconceptions—about the constitution of the self that (...) defines personal identity, about the way liberalism conceals the importance of identity under the veil of the "abstract citizen," and about the difference and interrelationship between personal and public identity. Hekman’s use of object relations theory allows her to argue, against the postmodernist resort to a "fictive" subject, for a core self that is socially constructed in the early years of childhood but nevertheless provides a secure base for the adult subject. Such a self is social, particular, embedded, and connected—a stark contrast to the neutral and disembodied subject posited in liberal theory. This way of construing the self also opens up the possibility for distinguishing how personal identity functions in relation to public identity. Against those advocates of identity politics who seek reform through the institutionalization of group participation, Hekman espouses a vision of the politics of difference that eschews assigning individuals to fixed groups and emphasizes instead the fluidity of choice arising from the complex interaction between the individual’s private identity and the multiple opportunities for associating with different groups and the public identities they define. Inspired by Foucault’s argument that "power is everywhere," Hekman maps out a dual strategy of both political and social/cultural resistance for this new politics of identity, which recognizes that with significant advances already won in the political/legal arena, attitudinal change in civil society presents the greatest challenge for achieving more progress today in the struggle against racism, sexism, and other forms of oppression. (shrink)

The world in which we find ourselves is religiously ambiguous. It is possible for different people to experience it both religiously and non-religiously; and to hold beliefs which arise from and feed into each of these ways of experiencing. A religious man may report that in moments of prayer he is conscious of existing in the unseen presence of God, and is aware - sometimes at least - that his whole life and the entire history of the world is taking (...) place within the ambience of the divine purpose. But on the other hand the majority of people in our modern world do not participate in that form of experience and are instead conscious of their own and others' lives as purely natural phenomena, so that their own experience leads them at least implicitly to reject the idea of a transcendent divine presence and purpose. If they are philosophically minded, they may well think that the believer's talk is the expression of what Richard Hare has called a blik , a way of feeling and thinking about the world which expresses itself in pseudo-assertions, pseudo because they are neither verifiable nor falsifiable and are therefore factually empty. 1 The religious man speaks of God as a living reality in whose presence we are, and of a divine purpose which gives ultimate meaning to our lives. But is not the world the same whether or not we suppose it to exist in God's presence; and is not the course of history the same whether or not we describe it as fulfilling God's purposes? Is not the religious description thus merely a gratuitous embellishment, a logical fifth wheel, an optional language-game which may assuage some psychological need of the speaker but which involves no claims of substance concerning the objective nature or structure of the universe? Must not the central religious use of language then be accounted a non-cognitive use, whose function is not to assert alleged facts but to express a speaker's, or a community of speakers', emotions within the framework of a factually contentless blik , ‘slant’, or ‘onlook’? (shrink)

This paper puts forward an argument for stakeholder rights. It begins by exploring two major answers to the question, 'in whose interests should the commercial company function?'. One claims parity for other stakeholders alongside the shareholder on the basis of a theory of property rights, and another on a theory of citizenship. Each of these answers, it is argued, fail to convince. The way forward is to recast the initial question, not asking in whose interest the company should function, but (...) which type of interest, potentially located in any sort of person, might the company serve. That interest is identified and distinguished from others that people affected by corporations might have. These distinctions then provide the basis for an argument in favour of enfranchising two sorts of individual: sovereign stakeholders, in charge of monitoring the formulation and revision of company objectives; and secondary stakeholders, who along with those in the first category monitor the means used to achieve those objectives.The paper concludes that these distinctions should lead us to reconsider other elements in the corporate governance debate, such as the nature of a director's fiduciary duty; and the difference between democracy in corporations and democracy in the wider society. (shrink)

The Declaration of Helsinki is recognised worldwide as a cornerstone of research ethics. Working in the wake of the Nazi doctors’ trials at Nuremberg, drafters of the Declaration set out to codify the obligations of physician-researchers to research participants. Its significance cannot be overstated. Indeed, it is cited in most major guidelines on research involving humans and in the regulations of over a dozen countries.Although it has undergone five revisions,1 and most recently incorporated language aimed at addressing concerns over research (...) carried out in resource-poor countries,2–5 the Declaration could go much farther in addressing the profoundly altered landscape of research with humans. Research involving humans is now a global enterprise and often involves participants from resource-poor countries. Rather than being carried out at single institutions by veteran researchers, many studies are now conducted at many locations—including sites that are not academic medical centres—by new and relatively inexperienced investigators. A growing number of projects involve novel agents, based on innovative work in genomics and proteomics. Increasingly, research is sponsored by the for-profit sector. National governments and professional organisations around the globe provide laws, regulations and standards for the conduct of research involving humans. Considerable scholarship also critiques and guides this endeavour.In light of the current effort of the World Medical Association to revise the Declaration, we offer ideas on how to re-conceive the concept of “vulnerability” and its links with the principle of justice and, in turn, redirect the attention of researchers towards those who might be so designated.In the research context, “vulnerability” is associated with an inability partly or totally to protect one’s own interests. Typically, conceptions of vulnerability centre upon characteristics associated with particular groups that …. (shrink)

In an age when "we are all multiculturalists now," as Nathan Glazer has said, the politics of identity has come to pose new challenges to our liberal polity and the presuppositions on which it is founded. Just what identity means, and what its role in the public sphere is, are questions that are being hotly debated. In this book Susan Hekman aims to bring greater theoretical clarity to the debate by exposing some basic misconceptions—about the constitution of the self that (...) defines personal identity, about the way liberalism conceals the importance of identity under the veil of the "abstract citizen," and about the difference and interrelationship between personal and public identity. Hekman’s use of object relations theory allows her to argue, against the postmodernist resort to a "fictive" subject, for a core self that is socially constructed in the early years of childhood but nevertheless provides a secure base for the adult subject. Such a self is social, particular, embedded, and connected—a stark contrast to the neutral and disembodied subject posited in liberal theory. This way of construing the self also opens up the possibility for distinguishing how personal identity functions in relation to public identity. Against those advocates of identity politics who seek reform through the institutionalization of group participation, Hekman espouses a vision of the politics of difference that eschews assigning individuals to fixed groups and emphasizes instead the fluidity of choice arising from the complex interaction between the individual’s private identity and the multiple opportunities for associating with different groups and the public identities they define. Inspired by Foucault’s argument that "power is everywhere," Hekman maps out a dual strategy of both political and social/cultural resistance for this new politics of identity, which recognizes that with significant advances already won in the political/legal arena, attitudinal change in civil society presents the greatest challenge for achieving more progress today in the struggle against racism, sexism, and other forms of oppression. (shrink)

This essay examines Augustus DeMorgan's chapter on fallacy in his Formal Logic (1847) in order to show how DeMorgan's treatment represents an expansion and advance upon Aristotle. It is important that Aristotle clearly distinguishes among dialectical, didactic, demonstrative, and contentious types of argument, based upon the acceptability of premises and the aims of participants. Appropriating Aristotle's list of fallacies, DeMorgan discusses examples that reveal how the charge and countercharge of fallacy function in contentious argument, which is more widespread than Aristotle (...) imagined. DeMorgan's treatment of fallacy is in the spirit of Aristotle because of its focus on dialogue arguments, but it represents an advance because it expands the possible scenes of contention and shows how unshared premises and the will to win inform many argument situations. The emphasis on contention in natural-language argument puts DeMorgan in the company of his l9th century peers, Mill and Whately. (shrink)

In his new book, Friedman tackles the common interpretation of logical positivism that describes the movement as a radically empiricist philosophy. He claims that fully to understand logical positivism we must view it in its historical context. Logical positivism does have roots in empiricism, but it is also descended from Kant. Indeed, the questions that were of central importance to the positivists are clearly Kantian. Moreover, the early positivists were active participants in a philosophical community with neo-Kantians and phenomenologists. Friedman (...) argues that the legacy of positivism is a new conception of a priori knowledge and its role in empirical science and not a new version of empiricism. (shrink)

In recent years, there has been an intense debate about the concept of “biological” or “genetic citizenship.” The growing literature on this topic mostly refers to the importance of patients’ associations, disease advocacy organizations, and self-help groups that are giving rise to new forms of subjectivation and collective action. The focus is on the extension of rights, the emergence of new possibilities of participation, and the choice-enhancing options of the new genetics. However, this perspective tends to neglect the potential (...) for exclusion and restriction of citizenship rights based on biological traits. We aim to broaden and complement the existing theoretical discussion on biological citizenship, which so far has concentrated on the medical sphere, by investigating a new empirical field. The article analyzes the use of DNA analysis for family reunification and shows that biological criteria still play an important role in decision making on citizenship rights in nation-states. Presenting Germany as an exemplary case, we argue that the use of parental testing endorses a biological concept of the family that is mobilized to diminish citizenship rights. The argument is based on documentary analysis and on interviews with representatives of nongovernmental organizations and immigration authorities, lawyers, geneticists, and applicants for family reunification. (shrink)

The ethical challenge is squarely focused on the question of what is owed to participants of vaccine trials who happen to become infected during the course of the trial. Not surprisingly, given the prominence of HIV/AIDS in many parts of the developing world, HIV vaccine trials have become the focal point of this debate. It is worth noting from the outset, however, that the same arguments that apply to HIV vaccines would apply to any number of microbicide trials aimed at (...) protecting women against a large variety of sexually transmitted illnesses.1 One of the controversial questions in this debate has been the issue of whether or not an infection acquired by vaccine trial participants during the course of the trial can reasonably be considered a trial related injury that ought to be subject to compensation (in the form of access to good quality AIDS treatments, including antiretrovirals). (shrink)

Davide and Benedetto Ghirlandaio’s close association with their brother Domenico has made it difficult to individuate their own artistic styles and evaluate their contributions to the Ghirlandaio workshop. Benedetto’s artistic character is particularly elusive, since the Nativity in the church of Notre-Dame in Aigueperse, Auvergne, is the only work firmly attributed to him. This paper proposes a reconstruction of Benedetto’s career by reassessing the works once ascribed to a painter known as the Master of the Saint Louis Madonna. Most of (...) these paintings, centred on the eponymous work in the Saint Louis Art Museum, have been incorporated into Davide’s oeuvre. Stylistic analysis, however, reveals their distinct artistic character and uncovers numerous points of comparison with the Aigueperse Nativity. On that basis they are reattributed here to the young Benedetto in his initial Florentine period. This identification is also corroborated by an analysis of his sojourn in France between 1486 and 1493, where he developed his technical skills and his interest in Netherlandish painting, possibly through the interaction with the Master of Moulin. The paper then goes on to an examination of his activities after his return to Florence, and the ways in which he integrated his experience gained in France into the late Ghirlandaio workshop style. Benedetto’s artistic development revealed by this reconstruction suggests a rich cross-fertilisation within the Florentine workshops in the late fifteenth century, with particular focus on the artists around the Verrocchio workshop in the early 1480s and those who participated in the Ghirlandaio workshop after Domenico’s death. Also, as Benedetto was one of the few Italian painters who worked north of the Alps, the reappraisal of his career offers insights into the ways in which travelling artists could interact with local artistic environments and develop their own styles. (shrink)

The aim of this paper is to show that the meaning and significance of legal evidence is being constituted throughout the course of a singular instance of legal proceedings. This is to be achieved by describing what legal agents _do_ while appealing to different propositions of fact and inferring from them throughout the course of legal proceedings. The authors claim that the process of applying the law is ultimately rooted in the inferential discursive practices of exchanging reasons on the part (...) of the participants of legal proceedings. Therefore, they set forth a model of legal proceedings that consists of an interplay between three types of reasons, which are exchanged by the participants of legal proceedings: i.e. legal reasons, epistemic reasons and stake reasons. To illustrate this interplay, the authors deploy a metaphor of law as a game, and provide a description of legal proceedings as a particular instance of playing a game of law. The conclusion is that the legal concept of evidence is (at least in part) constituted by the role that evidence plays in affecting which reasons for action the participants to legal proceedings choose to act on. The other final assumption of this paper is metatheoretical: authors want to show that when analyzing what legal evidence is, one should begin from the perspective of a singular instance of legal proceedings, rather than from the perspective of law in general. (shrink)

ABSTRACT In 1975 John Harris envisaged a survival lottery to redistribute organs from one to a greater number in order to reduce number of deaths as a consequence of organ failure. In this paper I reach a conclusion about when running a survival lottery is permissible by looking at the reason prospective participants have for allowing the procedure from a contractual perspective. I identify three versions of the survival lottery. In a National Lottery, everyone within a jurisdiction is a candidate (...) for being a donor for everyone else, disregarding all differences between individuals' eventual possibility of needing an organ. In a Group Specific Lottery, it is a question of running a lottery among members of a specific group who share the same probability of getting organ failure. In a Local Lottery one randomises among individuals who are already in need of a new organ but who happen to be compatible and in need of different organs. While the first is vulnerable to considerations of fairness, it is difficult to perceive a feasible way to implement the second option that does not come with a host of unwelcome consequences. I argue, however, that it is permissible to run Local Lotteries. (shrink)

Conflicts of interest have been reduced to financial conflicts. The National Institutes of Health’s new rules for managing conflicts of interest in medical research, the first major change to the regulations in over 15 years, address only financial ties. Although several commentators urged that the regulations also cover non-financial interests, the Department of Health and Human Services declined to do so. Similarly, the Institute of Medicine’s influential 2009 Conflict of Interest Report focuses almost exclusively on financial conflicts. Institutional policies at (...) academic medical centers and guidance from professional bodies and medical journals also primarily emphasize financial ties. Even broadly worded rules are applied more readily to financial ties than non-financial interests, such as the regulations that restrict institutional review board members with conflicting interests from participating in protocol reviews. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

Le débat sur la confrontation entre Socrate et Calliclès dans le Gorgias s’est principalement concentré sur ses deux premières étapes : l’exposé par Calliclès de ses thèses et leur tentative de réfutation par Socrate (481-500), ainsi que ses tentatives subséquentes de leur substituer sa propre conception de la vie bonne (501-509). On a accordé beaucoup moins d’attention à la dernière étape (509-522). C’est pourtant celle dans laquelle Platon met en scène la discussion la plus soutenue du dialogue entre les réponses (...) concurrentes (et leurs conséquences) à ce qu’on a montré être sa question centrale : le plus grand mal est-il de commettre l’injustice ou d’en être victime? Cet article examine en détail les étapes clefs de ce débat, auquel Calliclès est à nouveau invité à participer par Socrate, après qu’il a refusé de continuer à mi-chemin de la seconde phase du parcours dialectique. La thèse défendue est que le but de Platon dans cette dernière section est de montrer exactement pourquoi et comment Socrate peut entamer et poursuivre avec succès une confrontation intellectuelle avec un jeune politicien intelligent, désireux de réussir sa carrière dans la démocratie athénienne, tel qu’a été décrit Calliclès. Il échoue à le convaincre. Mais contrairement à ce qui est parfois supposé, cela n’a rien d’un échec en termes de communication intellectuelle ; la question est de savoir plutôt quels engagements fondamentaux différents Platon cherche à nous faire distinguer. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

In a famous experiment by Tversky and Kahneman (Psychol Rev 90:293–315, 1983), featuring Linda the bank teller, the participants assign a higher probability to a conjunction of propositions than to one of the conjuncts, thereby seemingly committing a probabilistic fallacy. In this paper, we discuss a slightly different example featuring someone named Walter, who also happens to work at a bank, and argue that, in this example, it is rational to assign a higher probability to the conjunction of suitably chosen (...) propositions than to one of the conjuncts. By pointing out the similarities between Tversky and Kahneman’s experiment and our example, we argue that the participants in the experiment may assign probabilities to the propositions in question in such a way that it is also rational for them to give the conjunction a higher probability than one of the conjuncts. (shrink)

Several arguments are considered which purport to demonstrate the impossibility of theory-neutral observation. The most important of these infers the continuity of observation with theory from the presumed continuity of perception with cognition, a doctrine widely espoused in recent cognitive psychology. An alternative psychological account of the relation between cognition and perception is proposed and its epistemological consequences for the observation/theory distinction are then explored.

Purpose This study aims to explore the complexities of methodological, ethical and emotional challenges of studying sensitive and vulnerable communities online from the perspective of simultaneously being a researcher and a research subject. The point of departure for these explorations consists of the author’s past and ongoing studies of the role and use of a closed grief support group on Facebook for bereaved parents – a community of which the author is a member. The aim is not to provide ready (...) solutions for “how to do ethics,” but rather to contribute to the collective and ongoing work initiated by the Association of Internet Researchers, among others, and to recognize the necessity of ethical pluralism, cross-cultural awareness and an interdisciplinary approach. Design/methodology/approach This is an explorative study, drawing on an ethnographic case study. The case serves as a point of departure for discussing the complexities of methodological, ethical and emotional challenges of studying sensitive and vulnerable communities online from the perspective of simultaneously being a researcher and a research subject. Findings Being a researcher and a research subject rolled into one, as it were, presents both opportunities and challenges. To conduct responsible research from both these perspectives pose high demands on the researchers’ ethical as well as emotional capacities and responsibilities. Hopes and expectancies of the community under study might put the researcher into a dilemma, ethical aspects of anonymity and informed consent might have to be reconsidered as well as emotional challenges of engaging in and with sensitive research, all of which makes for a complex balancing act. Ethics and methods are inextricably intertwined, so are the emotional challenges of conducting sensitive research intermingled. Studying vulnerable individuals and closed communities online highlights the necessity for case and context sensitive research and for flexibility, adaptivity and mindfulness of the researcher. It also highlights the importance of discussing and questioning theoretical, methodological and ethical developments for studying everyday life practices online. Originality/value The challenges encountered in this case study contribute to the experientially grounded approach to research ethics emphasized in AoIR’s ethics guidelines. This case offers an opportunity to explore and discuss complex issues arising from the researcher’s insider position in a closed group devoted to the sensitive topic of supporting bereaved parents. Further, it highlights the necessity for research to be case and context sensitive as well as for the researcher and the research design to be flexible and adaptive. Research on vulnerable communities also heightens the demands of ethical responsibility of the researcher and the research process. (shrink)