A democratic society does not embody a permanent and internally consistent set of values but attempts to accommodate disagreement between incommensurable values. One of the purposes of the law is to manage such disagreement by ensuring that disputes are settled in a way that advances the interests of stability without foreclosing options. In this respect the function of the formal dissenting judgment has been neglected in the English literature. By contrast there is a rich US literature which reveals an ambivalent (...) attitude to the practice of dissent. The article discusses the nature of the disagreements that are predominant in dissenting judgments. It claims that the practise of dissent follows the development of democracy and that the majority of dissents in courts of last resort raise legitimate disagreement about fundamental incommensurable values. These concern disagreements between deontological and consequentialist values, between different conceptions of the legislative powers of the judiciary and between principle and pragmatism. Because the outcome of an appeal is contingent, the dissent may be as important as the majority in identifying the choices to be made and signalling the principles that are immanent in the law. The legal and political basis of the right to publish a dissent is discussed and arguments for and against the publication of dissents considered with the conclusion that constraints on the right to dissent would be self-defeating. (shrink)

O artigo apresenta uma reflexão sobre a Educação de Jovens e Adultos. Metodologicamente, constitui-se em uma pesquisa bibliográfica, a partir da qual realiza uma incursão crítico-analítica sobre alguns momentos da história da EJA para em seguida apontar algumas lições aprendidas. Conclui afirmando que a Ética da Libertação pode constituir-se em subsídio para a elaboração de novos horizontes de práxis de libertação no âmbito da educação brasileira e instiga à realização de pesquisas sobre a educação e suas relações com a Ética (...) da Libertação como meio de pensar em novos horizontes teórico-práticos para a EJA. (shrink)

One of the major adjustments brought on by the North American Free Trade Agreement (NAFTA) was a change in the relationship between Mexican agricultural support institutions and the small-scale agricultural sector. Post-NAFTA restructuring programs sought to correct previous inefficiencies in this sector, but they have also had the effect of marginalizing the producers who steward and manage the country’s reserve of maize (Zea mays) genetic diversity. Framed by research suggesting that certain maize varieties in a rain-fed farming region in southern (...) Sonora are in danger of loss due chiefly to long-term drought, this article explores the ramifications of post-NAFTA agricultural policies for in situ maize diversity conservation. Qualitative methods, including semi-structured interviews with agricultural support institutions and participant observation with farmers, were used to gather data on dryland farmers’ access to research and extension, as well as possibilities for collective action. In southern Sonora, agricultural support is oriented primarily toward high-tech production, and there are structural barriers to small-scale farmers’ access to research and extension institutions. Further, collective action around agriculture is limited. These circumstances represent significant limitations to farmers’ options for accessing new techniques which might help maintain maize diversity in the context of economic and environmental change. (shrink)

Since the passage of Title VII of the Civil Rights Act of 1964 and more recent Federal legislation, managers, regulators, and attorneys have been busy in sorting out the legal meaning of fairness in employment. While ethical managers must follow the law in their hiring practices, they cannot be satisfied with legal compliance. In this article, we first briefly summarize what the law requires in terms of fair hiring practices. We subsequently rely on multiple perspectives to explore the ethical meaning (...) of fairness in hiring. Ethical fairness underlies the law and regulations in this area, but goes beyond them as well. We conclude by demonstrating that ethical hiring practices enable managers to make better hiring decisions. (shrink)

Research has demonstrated that employee reactions to monitoring systems depend on both the characteristics of the monitoring system and how it is implemented. However, little is known about the role individual differences may play in this process. This study proposes that individuals have generalized attitudes toward organizational control and monitoring activities. We examined this argument by assessing the relationship between employees’ baseline attitudes toward a set of monitoring and control techniques that span the employment relationship. We further explore the effects (...) of employees’ generalized attitudes toward monitoring and their individual ethical orientations on their attitudinal reactions to an Internet monitoring system implemented in their workplace. Results of a longitudinal study indicate that as expected, prior beliefs and ethical orientation interact to affect employees’ reactions to monitoring systems. Implications for research and practice are discussed. (shrink)

ABSTRACT This essay argues that historians of science who seek to embody our oxymoronic self-description must confront both contradictory terms that define our common enterprise—that is, both “history” and “science.” On the history/methods side, it suggests that we embrace the heterogeneity of our institutional arrangements and repudiate the homogeneous disciplinary model sometimes advocated by Thomas Kuhn and followed by art history. This implies that rather than treating the history of science as an end in itself, we consider it a means (...) to a variety of historical ends, think of ourselves as a tool-making community, and jettison moralistic assertions of scientific exceptionalism. To do so, this essay argues—on the science/subject side—that we rebrand the subject of our historical inquiry as “episcience,” a neologism that stands in relation to “science” as the new field of epigenetics does to the old genetics. Episcience encompasses both the material activities of the relevant sciences and their “surround” (environment, milieu, Umgebung) to reframe knowledge making to include the material processes that put science “in play” and make its findings matter beyond science. The essay concludes that “the history of science” is an oxymoron that makes sense to the extent that its practitioners acknowledge that the history of science is important not just because science is important, but because its history is. (shrink)

In recent years, the practices of work organizations have raised increasing concerns regarding individual privacy at work. It is clear that people expect and value privacy in their personal lives. However, the extent to which privacy perceptions influence individuals’ work attitudes is less clear. Research has explored the extent to which employee perceptions of privacy derive from characteristics of the programs themselves. However, there is a paucity of research that examines how the characteristics of the individual employee may influence perceptions (...) of these programs. In this study we seek to shed light on this issue, as we examine how the individual ethical orientation of employees influences perceptions of a variety of human resource programs that have the potential to be perceived as invasive. Results indicate that ethical orientation exerts direct effects on perceived invasiveness of programs and exerts both direct and indirect effects on perceived appropriateness of programs. Implications for research and for managers adopting privacy-related programs are discussed. (shrink)

An axiom set is given which purports to formalize the notion of a "theory involving measurement." The abstract objects satisfying these axioms are examined, and some candidates for measures of complexity are considered. This framework allows us to discuss some forms of a degree of confirmation. Both "complexity" and "degree of confirmation" appear to be intimately bound up with geometrical aspects of these "theories" which derive from measurement considerations, suggesting that the concepts may be inapplicable to more "general theories." The (...) view is taken throughout that the well known paradoxes indicate inadequacies of the linguistic apparatus and that the axiomatization here presented is an attempt to construct an adequate language for the relevant portion of the world. This position is not defended in the paper. (shrink)

Extensive and growing use of electronic performance monitoring in organizations has resulted in considerable debate. Advocates of electronic monitoring approach the debate in teleological terms arguing that monitoring benefits organizations, customers, and society. Its critics approach the issue in deontological terms countering that monitoring is dehumanizing, invades worker privacy, increases stress and worsens health, and decreases work-life quality. In contrast to this win-lose approach, this paper argues that an approach which emphasizes communication in the design and implementation of monitoring systems (...) offers a win-win solution that should satisfy both deontological and teleological ethicists. (shrink)

Este estudo, realizado por meio de pesquisa bibliográfica, tem como foco a Ética da Libertação de Dussel, com o objetivo de refletir sobre a relação entre o Eu e o Outro no campo social, debatendo a questão da exclusão social. A partir de sua ética analisa-se criticamente o discurso eurocêntrico moderno e a possibilidade de superação do irracionalismo moderno, por meio da razão crítico-libertadora. Está estruturado em duas partes: na primeira, apresentamos o olhar de Dussel sobre a modernidade, focando o (...) debate para o eu e o outro no pensamento moderno e, na segunda, tecemos reflexões a partir da Ética da Libertação de Dussel sobre a possibilidade de superação do irracionalismo moderno, por meio da razão libertadora. (shrink)

Bluffing, a common and consequential form of competitive behavior, has been comparably ignored in the management literature, even though misleading one's rivals is suggested to be an advantageous skill in a multifaceted and highly competitive environment. To address this deficiency and advance scholarship on competitive dynamics, our study investigates the moral reasoning behind competitive bluffing and, using a simulated market-entry game, examines the performance effects of bluffing. Findings suggest that decision makers' views on the ethicality of bluffing competitors differ from (...) their beliefs on the ethicality of misleading other organizational stakeholders. Analysis also indicates that decision makers who view competitor bluffing as more ethical (less unethical) are more willing to engage in competitive bluffing. Finally, while bluffing is often thought to be an effective business practice, results show that in the context of repeated interaction, bluffing is not conducive to high levels of performance and, in fact, can have undesirable consequences. (shrink)

The interactional quality of Pina Bausch’s staged dance performance challenges the perception and the expectations of social interaction that follow it. Through repetition and combinations of words and movements new expectations and new social roles are created. This shows not only how fragile interaction processes can be disturbed but also how we are prone to make sense out of interactions through observation.

Este estudo, realizado por meio de pesquisa bibliográfica, tem como foco a Ética da Libertação de Dussel, com o objetivo de refletir sobre a relação entre o Eu e o Outro no campo social, debatendo a questão da exclusão social. A partir de sua ética analisa-se criticamente o discurso eurocêntrico moderno e a possibilidade de superação do irracionalismo moderno, por meio da razão crítico-libertadora. Está estruturado em duas partes: na primeira, apresentamos o olhar de Dussel sobre a modernidade, focando o (...) debate para o eu e o outro no pensamento moderno e, na segunda, tecemos reflexões a partir da Ética da Libertação de Dussel sobre a possibilidade de superação do irracionalismo moderno, por meio da razão libertadora. (shrink)

Walter Kaufmann completed this, the third and final volume of his landmark trilogy, shortly before his death in 1980. The trilogy is the crowning achievement of a lifetime of study, writing, and teaching. This final volume contains Kaufmann's tribute to Sigmund Freud, the man he thought had done as much as anyone to discover and illuminate the human mind. Kaufmann's own analytical brilliance seems a fitting reflection of Freud's, and his acute commentary affords fitting company to Freud's own thought. Kaufmann (...) traces the intellectual tradition that culminated in Freud's blending of analytic scientific thinking with humanistic insight to create "a poetic science of the mind." He argues that despite Freud's great achievement and celebrity, his work and person have often been misunderstood and unfairly maligned, the victim of poor translations and hostile critics. Kaufmann dispels some of the myths that have surrounded Freud and damaged his reputation. He takes pains to show how undogmatic, how open to discussion, and how modest Freud actually was. Kaufmann endeavors to defend Freud against the attacks of his two most prominent apostate disciples, Alfred Adler and Carl Gustav Jung. Adler is revealed as having been jealous, hostile, and an ingrate, a muddled thinker and unskilled writer, and remarkably lacking in self-understanding. Jung emerges in Kaufmann's depiction as an unattractive, petty, and envious human being, an anti-Semite, an obscure and obscurantist thinker, and, like Adler, lacking insight into himself. Freud, on the contrary, is argued to have displayed great nobility and great insight into himself and his wayward disciples in the course of their famous fallings-out. (shrink)

The Royal Liverpool Children’s Inquiry investigated the circumstances leading to the removal, retention, and disposal of human tissue, including children’s organs, at the Royal Liverpool Children’s NHS Trust . It recommended changes to procedures for obtaining consent for postmortems and retaining organs and tissues for research or education. However, the report contains five areas of confusion. Firstly, it allowed the cultural and historical traditions of horror over the use and misuse of body parts to suffuse the logical analysis of past (...) wrongs and future rights. Secondly, it makes an inappropriate conflation between seeking redress for past wrongs and shaping future policy. Thirdly, the report takes a muddled stance over the value of bodily integrity at burial. Fourthly, the report is inconsistent over the justification for future organ and tissue collections. Fifthly, the notion of “respect” is used with troublesome looseness. The extent to which subsequent policy work has furthered the search for greater ethical clarity over these difficult issues is discussed, together with reflection on three particular improvements that could be made to the process of such an inquiry. (shrink)

In the wake of scandals about the unauthorised retention of organs following postmortem examination, the issue of valid consent has returned to the forefront. Emphasis is put on obtaining explicit authorisation from the patient or family prior to any medical intervention, including those involving the dead. Although the controversies in the UK arose from the retention of human material for education or research rather than therapy, concern has been expressed that public mistrust could also adversely affect organ donation for transplantation. (...) At the same time, however, the British Medical Association continues to call for a shift to a system of presumed consent for organ transplantation. This apparent inconsistency can be justified because valid distinctions exist between the reasons requiring explicit consent for retention and the acceptability of presumed consent for transplantation. This paper argues for introducing a system of presumed consent for organ donation, given the overwhelming expressions of public support for transplantation. Ongoing legislative review in the UK provides an ideal chance to alter the default position to one where potential donors can simply acquiesce or opt out of donation. Combined with consultation with their relatives, this could be a much better method of realising individuals’ wishes. It would also achieve a better balance between the duties owed to the deceased and those owed to people awaiting a transplant. (shrink)

Following Alder Hey and the earlier and much more extreme practices at Nuremberg, legislation has been developed governing the practice of medical ethics and research involving human participants more generally. In the medical context, relevant legislation includes GMC guidance, which states that disclosure of identifiable patient information without consent, for research purposes, is not acceptable unless it is justified in the public interest. There is a presumption, in other words, in favour of the view that patient consent ought to (...) be obtained before any piece of research is conducted. The Data Protection Act, furthermore, requires informed consent to be given before any use of identifiable personal data is made for any purpose. Moreover, ensuring that the informed consent of participants is gained is common practice on most research ethics committees. I argue, in this paper, that applying the principle of ‘informed consent’ too mechanistically in the research ethics context risks undermining the very principle it is designed to support – the principle of autonomy. This issue has been much discussed in medical ethics but not so much, so far, in the research ethics context. It will be argued that a more discerning and a less rigid and mechanistic approach, applied by research ethics committees, may help ensure that ethical issues are properly considered. (shrink)

The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional (...) practice of the new legislation and regulation. Recognition of these concerns may help in forging a new partnership between professionals and patients and their families. (shrink)

In the UK, the legal processes underpinning the procurement system for cadaveric organs for transplantation and research after death are under review. The review originated after media reports of hospitals, such as Alder Hey and Bristol, retaining organs after death without the full, informed consent of relatives. The organ procurement systems for research and transplantation are separate and distinct, but given that legal change will be applicable to both, some have argued now is the time to introduce alternative organ (...) transplant procurement systems such as presumed consent or incentive based schemes . Findings are reported in this paper from qualitative and quantitative research undertaken in Scotland in order to ascertain the public acceptability of different procurement systems. Nineteen in depth interviews carried out with donor families about their experiences of donating the organs of the deceased covered their views of organ retention, presumed consent, and financial incentives. This led onto a representative interview survey of 1009 members of the Scottish public. The originality of the triangulated qualitative and quantitative study offers exploration of alternative organ procurement systems from different “sides of the fence”. The findings suggest that the legal changes taking place are appropriate in clarifying the role of the family but can go further in strengthening the choice of the individual to donate. (shrink)

Presumed consent to organ donation looks increasingly unlikely to be a palatable option for increasing organ procurement in the UK following the publication of the report into events at Alder Hey and elsewhere. Yet, given that the alternative to increasing the number of cadaveric organs available is either to accept a greater number of live donations, or accept that people will continue to die for the want of an organ, public policy makers remain obliged to consider other means of (...) increasing the procurement rate.In this paper, we meet the main objections to mandated choice . We have modified the traditional approach to mandated choice to take into account the force of the objection that mandated donation is preferable, by accepting that people can and do make bad decisions about organ donation and proposing that all accompanying public education and information about cadaveric donation should be directed in favour of donation. (shrink)

This article considers how we should frame the ethical issues raised by current proposals for large-scale genebanks with on-going links to medical and lifestyle data, such as the Wellcome Trust and Medical Research Council's 'UK Biobank'. As recent scandals such as Alder Hey have emphasised, there are complex issues concerning the informed consent of donors that need to be carefully considered. However, we believe that a preoccupation with informed consent obscures important questions about the purposes to which such collections (...) are put, not least that they may be only haphazardly used for research —an end that would not fairly reflect the original altruistic motivation of donors, and the trust they must invest. We therefore argue that custodians of such databases take on a weighty pro-active duty, to encourage public debate about the ends of such collections and to sponsor research that reflects publicly agreed priorities and provides public benefits. (shrink)