L’idéologie sous-jacente à la théorie de l’État de Raymond Carré de Malberg et de Hans Kelsen est marquée par la délicate articulation entre le pouvoir, l’ordre et la liberté. Si la place accordée à la démocratie et aux libertés est résiduelle chez Carré de Malberg, elle ressort bien plus clairement chez Kelsen. Les deux auteurs restent néanmoins fortement imprégnés, dans la logique positiviste, par l’idée d’ordre (articulant unité et puissance) qui structure encore, en filigrane, nos systèmes juridiques (...) contemporains. (shrink)

Cette étude examine la diffusion de la théorie du droit de Hans Kelsen en France. Cette réception débute dès les années 1920 avec les travaux de Charles Eisenmann, Léon Duguit ou encore Raymond Carré de Malberg. Il faut aussi évoquer le rôle joué par les jeunes théoriciens du droit travaillant alors avec les concepts kelséniens. Après une période d'indifférence, la doctrine kelsénienne renoue avec le succès à partir des années 1990. Cet article met en exergue la réception récente (...) et le développement des traductions. (shrink)

Si la doctrine française dite classique ne doit rien aux réalistes scandinaves, ces derniers connaissaient ces auteurs et les citaient – généralement pour contester soit leur jusnaturalisme soit leur positivisme. Deux auteurs français retiennent particulièrement l’attention : Duguit et Carré de Malberg. L’un se disait réaliste, au sens sociologique, mais son réalisme n’a que le nom de commun avec celui des auteurs scandinaves. Le second s’est toujours réclamé du positivisme mais curieusement c’est chez lui qu’on peut trouver le plus (...) de proximité avec les réalistes scandinaves. (shrink)

This article documents experiences of Glasgow Improvisers Orchestra’s virtual, synchronous improvisation sessions during COVID-19 pandemic via interviews with 29 participants. Sessions included an international, gender balanced, and cross generational group of over 70 musicians all of whom were living under conditions of social distancing. All sessions were recorded using Zoom software. After 3 months of twice weekly improvisation sessions, 29 interviews with participants were undertaken, recorded, transcribed, and analyzed. Key themes include how the sessions provided opportunities for artistic development, enhanced (...) mood, reduced feelings of isolation, and sustained and developed community. Particular attention is placed upon how improvisation as a universal, real time, social, and collaborative process facilitates interaction, allowing the technological affordances of software (latencies, sound quality, and gallery/speaker view) and hardware (laptop, tablet, instruments, microphones, headphones, and objects in room) to become emergent properties of artistic collaborations. The extent to which this process affects new perceptual and conceptual breakthroughs for practitioners is discussed as is the crucial and innovative relationship between audio and visual elements. Analysis of edited films of the sessions highlight artistic and theoretical and conceptual issues discussed. Emphasis is given to how the domestic environment merges with technologies to createThe Theatre of Home. (shrink)

A classic work of the European Enlightenment--and one of the most popular, if scandalous, in its day--the Persian Letters captures, in an engaging epistolary format, the transformational spirit of the era. Amid an ongoing tale rife with sex, violence, and wit, the work addresses a diverse range of topics from human nature and the origins of society, to the nature and role of religious belief, the role of women, statecraft, justice, morality, and human identity. With skill and artistry, Raymond (...) MacKenzie’s stunning new translation accurately reflects the mood and character of the work. In his richly conceived Introduction, MacKenzie seamlessly weaves together an overview of the period with details of Montesquieu’s life, including the influences that inspired the _Persian Letters_, the character and power of the book, and its reception. This edition also includes a Calendar of the _Persian Letters_, a Bibliography of Works in English, and a Bibliography of Works in French. Related texts provide insight into the legacy of the _Persian Letters_. They include selections from works by George Lyttelton, Voltaire, Oliver Goldsmith, and Maria Edgeworth. (shrink)

Situationists maintain that psychological evidence (e.g., the well-known Good Samaritan experiment) challenges a key assumption of virtue ethics, namely that virtuous people display cross-situational consistency of behavior. This situationist critique is frequently thought to pose a serious threat to virtue ethics. Virtue ethicists have so far mainly put forward conceptual rather than empirical arguments against situationism. In this paper, we examine the extent to which a plausible empirical argument can be developed against situationism, and in favor of virtue ethics. We (...) note that such an argument will naturally entail empirical simplification, and consequently concessions from both sides of the debate will be required. We argue, however, that with such concessions in place, the debate between situationists and virtue ethicists can be captured by a claim about the way that virtuous behavior may change when situations change. We report the results of an experiment (conducted twice, for replication) showing how social science methods can be introduced to the situationism debate to test such a claim empirically. Our results offer tentative support for eudaemonist and agent-based varieties (but not for target-centered) versions of virtue ethics. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call the bioethical project. Two decades ago - when bioethics was just getting up on its organizational feet - Renée Fox and Judith (...) Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to say ifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

It is not unusual for researchers to complain about institutional review board (IRB) oversight, but social scientists have a unique set of objections to the work of ethics committees. In an effort to better understand the problems associated with ethics review of social, behavioral, and economic sciences (SBES) research, this article examines 3 different aspects of research ethics committees: (a) the composition of review boards; (b) the guidelines used by these boards to review SBES - and in particular, behavioral health (...) - research; and (c) the actual deliberations of IRBs. The article concludes with recommendations for changes in the review process and with suggestions for filling the gaps in knowledge about the way IRBs work. (shrink)

Volume 19, Issue 10, October 2019, Page 40-42.

The practice of making datasets publicly available for use by the wider scientific community has become firmly integrated in genomic science. One significant gap in literature around data sharing concerns how it impacts on scientists’ ability to preserve values and ethical standards that form an essential component of scientific collaborations. We conducted a qualitative sociological study examining the potential for harm to ethnic groups, and implications of such ethical concerns for data sharing. We focused our empirical work on the MalariaGEN (...) Consortium, one of the first international collaborative genomics research projects in Africa. (shrink)

Donors to biobanks are typically asked to give blanket consent, allowing their donation to be used in any research authorized by the biobank. This type of consent ignores the evidence that some donors have moral, religious, or cultural concerns about the future uses of their donations – concerns we call “non-welfare interests”. The nature of non-welfare interests and their effect on willingness to donate to a biobank is not well understood. In order to better undersand the influence of non-welfare interests, (...) we surveyed a national sample of the US population using a probability-based internet panel. Logistic regression models assessed the demographic and attitudinal characteristics associated with participants’ willingness to give consent for unspecified future uses of their donation when presented with 7 research scenarios that raised possible non-welfare interest concerns. Most people had non-welfare interests that significantly affect their willingness to donate to a biobank using blanket consent. Some non-welfare interests are associated with subgroups but others are not. A positive attitude toward biomedical research in general was associated with increased willingness to donate, while concerns about privacy and being African American were associated with decreased willingness. Non-welfare interests matter and can diminish willingness to donate to a biobank. Our data suggest that trust in research promotes willingness to donate. Ignoring non-welfare interests could erode this trust. Donors’ non-welfare interests could be accommodated through greater transparency and easier access to information about the uses of donations. (shrink)

*Work on this paper was funded in part by NIH grant K01-AT00054, National Center for Complementary and Alternative Medicine. Know then thyself, presume not God to scan The proper study of mankind i...

BackgroundThe quality of ethics consults is notoriously difficult to measure. Survey-based assessments cannot capture nuances of consultations. To address this gap, we conducted interviews with health professionals who requested ethics consults during the initial phase of the COVID-19 pandemic.MethodHealthcare professionals requesting ethics consultation between March 2020 and May 2020 at a tertiary academic medical centre were eligible to participate. We asked participants to comment on the consults they called and thematically analysed responses to identify features associated with optimal quality consultations.ResultsOf (...) 14 healthcare providers, 8 (57%) were women and professions were as follows: 11 (79%) medical doctors, 1 (7%) social worker, 1 (7%) physician assistant and 1 (7%) nurse practitioner. Two aspects of quality emerged: satisfaction and value. Themes within the domain of satisfaction included: responsiveness of the ethics consultant, willingness to consult, institutional role of the ethics service and identifying areas for improvement. When describing value, respondents spoke of the intrapersonal and interpersonal worth of consultation.ConclusionParticipants were generally satisfied with ethics consultation services, similar to opinions of those found in pre-COVID-19 survey studies. Our qualitative approach allowed for a richer exploration of the value of ethics consultation during the pandemic and has implications for ethics consultation services more broadly. Ethics consultation—emphasising both the process and outcome—created valuable moral spaces, promoting thoughtful and ethical responses to dilemmas in patient care. Future assessments should incorporate patient and family/surrogate perspectives and explore the domain of education as an additional quality measure. (shrink)

Okay, Professor Turner is not Rodney King. He is not responding to bioethicists and social scientists running amuck, setting automobiles aflame, and pelting each other with rocks and broken bottles. He does not come right out and ask, “Why can't we all just get along?” But in its academic way, Turner's essay is an effort to negotiate a truce in the interdisciplinary squabbles that plague bioethics, a plea to move bioethics beyond the “misleading” and “unhelpful” “demarcation of disciplinary goals” that (...) leads to “dichotomous thinking” and “polemical accusations.”. (shrink)

Moral theory is an important guide to bioethical decision-making, but it can confuse and mislead those who offer ethical advice to clinicians and researchers, delaying decisions that must be made in a timely fashion. In this paper I examine the ways moral theory can lead bioethicists astray. Absent a sensitivity to the empirical realities of ethical problems, moral theory 1) contributes to the disappearance of the persons caught in an ethical quandary, 2) focuses on the puzzle-solving rather than examining the (...) conditions that generate moral problems, and 3) universalizes ethical dilemmas, overlooking local processes for resolving moral questions. Taken together, empirically informed moral theory and theoretically informed empirical research can help bioethicists transcend the is/ought problem in ethical work. (shrink)