Taking organisational responses to the ?organ retention scandals? in the United Kingdom and Australia as a starting point, this paper considers the role of social welfare workers within the medico-legal system. Official responses to the inquiries of the late 1990s have focused on issues of consent and process-transparency, leaving unaddressed concerns expressed by the bereaved about the impact of organ retention on both their experience of grief and on the deceased themselves. A review of grief and embodiment literature (...) suggests that such concerns are consistent with the significance of relationship, attachment and identity within grief resolution?however that last problematic term is defined. The case example of an Australian coronial jurisdiction which has attempted to deal with some of these issues through mandating the discussion of autopsy and organ retention processes by grief counsellors with bereaved families is then provided. A distinction is drawn between these discussions and the seeking of consent. The discussion concludes by considering the ambiguous nature of the social welfare role within this contested field, suggesting that this ambiguity, while perhaps a source of flexibility in practice, may itself relate to a lack of clear information about the needs of the bereaved. This paper contributes to the development of that knowledge and offers some necessarily tentative recommendations regarding social welfare practice in this challenging arena. (shrink)

Recent scandals at Enron, WorldCom and Global Crossing have put the ethical spotlight on corporate malfeasance as never before. However, these are the situations in which management knew that they made the wrong choice. As professor Joseph Badaracco of Harvard Business School points out, the real ethical dilemmas arise when people must choose between right and right — where both choices can be justified, yet one must be chosen over the other. Whether or not to reprice stock options represents one (...) such ethical dilemma. Repricing can help exodus of talented employees and motivate them to improve firm performance. However, it alienates shareholders and other workers of the company who are left unprotected from the adverse economic consequences of a stock price decline.In this paper we examine the ethics and the economics of stock option repricing. We find that repricing runs counter to two key tenets of business ethics — distributive justice and ordinary decency. To examine the economics of repricing, we draw upon agency theory to identify situations where repricing has the potential to benefit shareholders. However, a survey of empirical research reveals that these benefits do not translate into reality. Repricing does not improve employee retention or firm performance. In addition, managers benefit by opportunistically timing the repricing. Due to weaknesses in corporate governance such as lack of independence and conflicts of interest, the current repricing practice seems to be at odds with the objective of shareholder wealth maximization, and at a more fundamental level, a violation of board's fiduciary duty to shareholders. We offer suggestions that mitigate the ethically undesirable effects of repricing in the wider context of prevailing corporate governance and regulatory environment. We believe that these suggestions, if properly implemented, can transform repricing from a greed-inspired evil to a valuable compensation tool to retain employees, boost their morale, and enhance stockholder wealth. (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)

Commentators frequently point to the involvement of biomedicine and bio-science in the objectification and commodification of human body parts, and the consequent potential for violation of personal, social and community meanings. Through a study of UK media coverage of controversies associated with the removal of body parts and human materials from children, we argue that an exclusive emphasis on the role of medicine and the bio-sciences in the commodification of human materials ignores the important role played by commercially motivated mass (...) media organizations. Analysis of the language of news reports covering the period of the organ retention controversies in the UK reveals the ways in which the mass media contribute to the commodification of body parts by recruiting them for use in the manufacture of a media scandal. This is achieved through use of horror language, the fetishization of certain body parts, emphasis on the fragmentation of the body, and the use of a variety of rhetorical devices to convey enormity and massive scale. Media participation in the commodification of children's body parts has profound implications for practices and policies in relation to use of body parts, and has significantly influenced the governmental regulation of science and medicine. The role of mass media deserves fuller recognition by theorists of body commodification. (shrink)

Legislation that authorises controversial organ procurement strategies but ignores respect for autonomy is flawed in principle and predictably unworkable in practiceThe UK Human Tissue Act 2004,1 designed to regulate all activity involving human tissue, organs, or bodies, was introduced in the House of Commons in December 2003, received Royal Assent on 15 November 2004,2 and has been partially implemented by Commencement Orders from April 2005. The new act, which repeals and replaces the Human Tissue Act 1961, the Anatomy Act 1984, (...) and the Human Organ Transplants Act 1989, has its origins in events of serious public concern, namely the retained organs scandals at Bristol Royal Infirmary3 and the Royal Liverpool Childrens’ Hospital.4 The act is correspondingly dominated by regulation of postmortem examinations and retention of human tissue, with consistent emphasis on the need for fully informed consent. Compliance with these requirements is now mandatory with the threat of up to three years’ imprisonment and/or fines for any deviation.The impact of the original proposals within the bill on research and the clinical practice of pathology have been carefully considered and documented,5 with subsequent amendments to ameliorate professional concerns.6 The act, however, also carries significant implications for medical practice in areas where donor recruitment for transplantation can take place, and representations on these aspects during readings of the bill7 have produced neither clarification, justification, nor amendment within the final legislation.Section 43 will make it lawful for hospital authorities “to take steps for the purpose of preserving the part for use for transplantation and to retain the body for that purpose”. The original explanatory notes for the bill8 while it proceeded through parliament implied that such action, prior to consent to transplantation being sought, was then lawful, clause 44 as section 43 …. (shrink)

People's sense of being subject to digital dataveillance can cause them to restrict their digital communication behavior. Such a chilling effect is essentially a form of self-censorship in everyday digital media use with the attendant risks of undermining individual autonomy and well-being. This article combines the existing theoretical and limited empirical work on surveillance and chilling effects across fields with an analysis of novel data toward a research agenda. The institutional practice of dataveillance—the automated, continuous, and unspecific collection, retention, (...) and analysis of digital traces—affects individual behavior. A mechanism-based causal model based on the theory of planned behavior is proposed for the micro level: An individual's increased sense of dataveillance causes their subjective probability assigned to negative outcomes of digital communication behavior to increase and attitudes toward this communication to become less favorable, ultimately decreasing the intention to engage in it. In aggregate and triggered through successive salience shocks such as data scandals, dataveillance is accordingly hypothesized to lower the baseline of free digital communication in a society through the chilling effects mechanism. From the developed theoretical model, a set of methodological consequences and questions for future studies are derived. (shrink)

The use of human tissue raises ethical issues of great concern to health care professionals, biomedical researchers, ethics committees, tissue banks and policy makers because of the heightened importance given to informed consent and patient autonomy. The debate has been intensified by high profile scandals such as the “baby hearts” debacle and revelations about the retention of human brains in neuropathology laboratories worldwide. Respect for patient’s rights seems, however, to impede research and development of clinical knowledge in contemporary health (...) care. The Common clinical endeavour argument and a Presumption for beneficial use argument suggest that the use of tissues for research and teaching in contemporary health care can respect patients and their values in multicultural communities where there are provisions for oversight and for opting not to contribute, both of which should respect the diverse views of different ethnic or cultural groups. (shrink)

Being most familiar but characteristically elusive, the problem of time has long become a scandal to the philosophical ingenuity. True, many of the great thinkers have only joined to testify in chorus to the ever growing Augustinian bewilderment in their pursuit of the mystery of time. ;The purpose of this work is twofold and simple: to clarify and consequently vindicate what contributions the Husserlian phenomenology as a radically altered perspective has made to help us out of the time-old predicament (...) surrounding time. ;In the first part of clarification , the status and significance of time as one of the most controversial issues in philosophy are discussed, and its historical background is thematically traced back that helps track down how the time-study has come to turn to the phenomenological perspective. The second part of clarification is primarily devoted to expounding the central message of Husserl's analysis of time-consciousness as the prime example of the phenomenological approaches to time-experience. The essence of Husserl's exploration into time-consciousness lies in showing how we constitute temporal and experiential unity be overcoming our commonsensical addiction to the transcendent, objective time and through the unique notions of retention and protention. ;Vindication also consists of two parts: comparison and application. Comparative studies of Augustine, Kant, James, and Bergson in Chapter 3 are done in order to illustrate and help vindicate Husserl in his phenomenological insight into time-consciousness clarified in the preceding chapters. The application part is primarily concerned with whether or/and how the phenomenological insight into time can be extended to exploring the sense of history as a meaningful whole. ;In short, this work claims to be a comprehensive assessment of the significance of phenomenological insight of time-experience, based on a critical understanding of Husserl's analysis of time-consciousness and of its historico-thematic background and through its thematic comparisons with the corresponding wisdoms of some of the most profound thinkers, and by attempting to apply it to constituting the sense of history. (shrink)

In this article, we build on the stakeholder-politics literature to investigate how corporate scandals transform political contexts and give impetus to the contentious movements of fringe stakeholders against multinational corporations (MNCs). Based on Adut’s scandal theory, we flesh out three scandal-related processes that directly affect political-opportunity structures (POSs) and the generation of social movements against MNCs: convergence of contention toward a single target, publicization of deviant practices, and contagion to other organizations. These processes reduce the obstacles to collective (...) actions by fringe stakeholders by pushing corporate elites to be more sensitive to their claims, by decreasing MNCs’ capability to repress contentious movements, by forcing the targeted MNCs to formalize a policy to monitor and eradicate the controversial practices, and by helping fringe stakeholders find internal and external allies to support their claims. This conceptual model of scandals as catalysts of contentious actions contributes to a better understanding of stakeholder politics by unveiling the role of the political context in the coordination of fringe stakeholders. (shrink)

We analyze whether companies involved in a security class action suit (SCAS) exhibit differential capital structure decisions, and if the information revealed by a corporate scandal affects the security issuances and stock prices of industry peers. Our findings show that before a SCAS is filed, companies involved in a scandal show a greater amount of security offerings than their peers and, due to equity mispricing, are more likely to use equity as a financing mechanism. Following a SCAS filling, (...) these companies exhibit a decreasing amount of total external finance raised and lower levels of book and market leverage. Industry peers' issuance patterns exhibit significant contagion, with reduced debt and equity issuance following the SCAS filing. Corporate scandals also have meaningful negative effects on stock prices and bond ratings. Similar to capital structure, we document contagion at the industry level with peers' share prices yielding negative returns as well. (shrink)

Preface -- Introduction: the scandal of reason and the paradox of judgment -- Political judgment and the vocation of critical theory -- Critical theory: political judgment as ideologiekritik -- Philosophical liberalism: reasonable judgment -- Liberalism and critical theory in dispute -- Judgment unbound: Arendt -- From critique of power to a theory of critical judgment -- The political epistemology of judgment -- The critical consensus model -- Judgment, criticism, innovation -- Conclusion: letting go of ideal theory.

Purpose The information society has developed rapidly since the end of the twentieth century. Many countries (including Australia) have been looking at ways to protect their citizens against the variety of risks associated with the continued evolution of the internet. The Australian Federal Government in 2013 proposed data retention as one possible method of protecting Australian society and aiding law enforcement agencies to investigate and prosecute cyber-crime. Design/methodology/approach The aim of this paper is to consider the issue of data (...) retention from a stakeholder’s perspective by analysing the public submissions garnered by the Australian Federal Government and identify the key issues and concerns that were raised by these stakeholders. The paper used a qualitative approach to undertake theme analysis. Findings The paper shows the concerns and wishes that different stakes holders have regarding data retention within Australia. Originality/value This is a unique study into implementation of data retention at a national level, in terms of the paper focussing on Australia. (shrink)

Chronic and current epistemological controversies, with particular attention to the development of pragmatist/historicist/constructivist reconceptions of knowledge and science in the 20th century and the scandalized responses to them by defenders of more traditional rationalist/objectivist/realist conceptions. Individual chapters deal with complex and confused relations among epistemic skepticism, relativism, and constructivist epistemology ; 20th-century "postmodern" relativism and anti-relativism; Ludwik Fleck and constructivist views of truth, science, and knowledge; attacks on and disavowals of constructivism and/or relativism by established and feminist philosophers; the Science (...) Wars and fraught relations between the humanities and the sciences; the problematic claims of Evolutionary Psychology; and chronic problems and contemporary views of animal-human relations. (shrink)

Through an analysis of several high‐profile scandals in health‐care in the UK, this article discusses the nature of scandal and its impact on policy reform. The nursing profession is compared to social work and medicine, which have also undergone considerable examination and change as a result of scandals. The author draws on reports from public inquiries from 1945 to 2013 to form the basis of the discussion about policy responses following scandals in health‐care. In each case, the nature of (...) the scandal, the public and government discourses generated by events and the policy response to those failings are explored. These scandals are compared to the recent scandal at Mid Staffordshire Hospital. Conclusions are drawn about the impact of these events on the future of the profession and on health policy directions. Recent events have raised public anxieties about caring practices in nursing. Health policy reform driven by scandal may obscure the effect of under resourcing in health services and poses a very real threat to the continued support for state‐run services. Understanding the socially constructed nature of scandal enables the nurse to develop a greater critical awareness of policy contexts in order that they can influence health service reform. (shrink)

This article provides the first comprehensive reconstruction and analysis of Hintikka’s attempt to obtain a measure of the information yield of deductive inferences. The reconstruction is detailed by necessity due to the originality of Hintikka’s contribution. The analysis will turn out to be destructive. It dismisses Hintikka’s distinction between surface information and depth information as being of any utility towards obtaining a measure of the information yield of deductive inferences. Hintikka is right to identify the failure of canonical information theory (...) to give an account of the information yield of deductions as a scandal, however this article demonstrates that his attempt to provide such an account fails. It fails primarily because it applies to only a restricted set of deductions in the polyadic predicate calculus, and fails to apply at all to the deductions in the monadic predicate calculus and the propositional calculus. Some corollaries of these facts are a number of undesirable and counterintuitive results concerning the proposed relation of linguistic meaning (and hence synonymy) with surface information. Some of these results will be seen to contradict Hintikka’s stated aims, whilst others are seen to be false. The consequence is that the problem of obtaining a measure of the information yield of deductive inferences remains an open one. The failure of Hintikka’s proposal will suggest that a purely syntactic approach to the problem be abandoned in favour of an intrinsically semantic one. (shrink)

This article presents a frame of reference allowing school organization leaders to adopt an integrated and coherent set of policies and strategies likely to intervene in the phenomenon of retention of school principals. This framework urges to think about retention in a sustainable and lifelong professional development. It is based on a review of literature which proposes a set of levers covering different areas relating to human resources management such as strategic planning, professional integration, training, supervision, exchange and (...) mutual help networks and a two-way administrative and instructional digital information system. (shrink)

I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type ofstigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas that arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma.

I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type ofstigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas that arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma.

A review of the literature on corporate governance serves to demonstrate the applicability of many governance solutions to the university setting. Based on a review of university scandals, most of which are recent but some of which took place decades ago, it is possible to categorize them as follows: sex scandals, drugs, cheating, hazing, admissions and diplomas, on-the-job consumption, athletics, and murder. Several examples are provided in the paper, along with their impact on various stakeholders. The paper then discusses a (...) variety of solutions designed to either preempt the activities potentially leading to scandal, to deter them or to punish perpetrators. Some of these involve structural changes, institutional policies and procedures, fines, terminations, and sanctions. The paper emphasizes the proactive safeguards which govern and monitor to make sure that universities do not suffer on the back end and that their reputations do not suffer into the future. (shrink)

Until recently, retention of introns in mature mRNAs has been regarded as a consequence of mis‐splicing. Intron‐retaining transcripts are thought to be non‐functional because they are readily degraded by nonsense‐mediated decay. However, recent advances in next‐generation sequencing technologies have enabled the detection of numerous transcripts that retain introns. As we review herein, intron‐retaining mRNAs play an essential conserved role in normal physiology and an emergent role in diverse diseases. Intron retention should no longer be overlooked as a key (...) mechanism that independently reduces gene expression in normal biology. Exploring its contribution to the development and/or maintenance of diseases is of increasing importance. (shrink)

A widely accepted view in the discussion of personal identity is that the notion of psychological continuity expresses a one--many or many--one relation. This belief is unfounded. A notion of psychological continuity expresses a one--many or many--one relation only if it includes, as a constituent, psychological properties whose relation with their bearers is one--many or many--one; but the relation between an indexical psychological state and its bearer when first tokened is not a one--many or many--one relation. It follows that not (...) all types of psychological continuity may take a one--many or many--one form. This conclusion casts doubt on the Lockean approach to the issue, by showing that the notion of psychological continuity Lockeans rely on may not be available. (shrink)

Concerning cases involving temporal indexicals Kaplan has argued that Fregean thoughts cannot be the bearers of cognitive significance due to the alleged fact that one can think the same thought from one occasion to the next without realizing this—thus linking the issue of cognitive significance to that of belief retention. Kaplan comes up with his own version of the Fregean strategy for accounting for belief retention that does not face this kind of a problem; but he finds it (...) deficient because it leads us to implausibly deny that one who is lost in time retains the beliefs one held before this occurred. I take issue with Kaplan though in conformity with his plausible demands about belief retention and argue that a situation does not arise in which one can fail to realize that one is thinking the same thought from one occasion to the next. I also argue that thoughts are the bearers of cognitive significance as well as explanatory of belief retention. (shrink)

This paper explores how a particular form of regulation—prior ethical review of research—developed over time in a specific context, testing the claims of standard explanations for such change against more recent theoretical approaches to institutional changes, which emphasize the role of gradual change. To makes its case, this paper draws on archival and interview material focusing on the research ethics review system in the UK National Health Service. Key insights center on the minimal role scandals play in shaping changes in (...) this regulatory setting and how these depend upon the absence of a single coherent profession associated with biomedical research. (shrink)

This paper explores difficulties around consent in the context of organ retention and return. It addresses the proposals of the Independent Review Group in Scotland on the Retention of Organs at Post Mortem to speak of authorisation rather than consent. Practical problems about whose consent determines disputes in relation to organ retention are explored. If a young child dies and his mother refuses consent but his father agrees what should ensue? Should the expressed wishes of a deceased (...) adult override the objections of surviving relatives? The paper suggests much broader understanding of the issues embedded in organ retention is needed to provide solutions which truly meet families' and society's needs. (shrink)

Academic inquiry, in devoting itself primarily to the pursuit of knowledge, is profoundly and damagingly irrational, in a wholesale, structural fashion, when judged from the standpoint of helping to promote human welfare. Judged from this standpoint, academic inquiry devoted to the pursuit of knowledge violates three of the four most elementary rules of rational problem-solving conceivable. Above all, it fails to give intellectual priority to the tasks of (1) articulating problems of living, including global problems, and (2) proposing and critically (...) assessing possible solutions – possible social actions. This gross, structural irrationality of academic inquiry stems from blunders of the 18th century French Enlightenment. The philosophes had the brilliant idea of learning from scientific progress how to achieve social progress towards an enlightened world, but in implementing this idea they made three disastrous blunders. They got the nature of the progress-achieving methods of science wrong; they failed to generalize these methods properly; and most disastrously, they applied these methods to acquiring knowledge about society, and not directly to solving social problems. These blunders are still inherent in academia today, with dire consequences for the state of the world. All this has been pointed out prominently many times since 1976, but has been ignored. (shrink)

Retention of offender DNA samples serves an important quality assurance role for forensic DNA laboratories. Consistent with the principles of confidentiality underlying the establishment of the state and national DNA databases, safeguards are in place to protect the DNA samples from unauthorized use.

Le "scandale" Joseph de Maistre est celui d'un auteur associé à l'extrême droite catholique, qui, au début du XIXe siècle, exige de restaurer la souveraineté de Dieu, du Pape et du Roi, fustige la Réforme, les Lumières, la Révolution, justifie les guerres, le bourreau, l'Inquisition... Mais comment se fait-il que ce même auteur soit également le premier à dénoncer l'esclavage, la persécution de l'étranger, à prendre le parti des femmes? Le réexamen du "procès" Joseph de Maistre, à la lumière du (...) "scandale" René Girard, donne une leçon très simple : qu'on y regarde à deux fois, avant de lui tirer dessus! (shrink)

I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type ofstigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas that arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma.