Business and Society Review, Volume 127, Issue S1, Page 193-222, Spring 2022.

BackgroundClinical ethics consultations can be complex interventions, involving multiple methods, stakeholders, and competing ethical values. Despite longstanding calls for rigorous evaluation in the field, progress has been limited. The Medical Research Council proposed guidelines for evaluating the effectiveness of complex interventions. The evaluation of CEC may benefit from application of the MRC framework to advance the transparency and methodological rigor of this field. A first step is to understand the outcomes measured in evaluations of CEC in healthcare settings. ObjectiveThe primary (...) objective of this review was to identify and map the outcomes reported in primary studies of CEC. The secondary objective was to provide a comprehensive overview of CEC structures, processes, and roles to enhance understanding and to inform standardization.MethodsWe searched electronic databases to identify primary studies of CEC involving patients, substitute decision-makers and/or family members, clinicians, healthcare staff and leaders. Outcomes were mapped across five conceptual domains as identified a priori based on our clinical ethics experience and preliminary literature searches and revised based on our emerging interpretation of the data. These domains included personal factors, process factors, clinical factors, quality, and resource factors. ResultsForty-eight studies were included in the review. Studies were highly heterogeneous and varied considerably regarding format and process of ethical intervention, credentials of interventionist, population of study, outcomes reported, and measures employed. In addition, few studies used validated measurement tools. The top three outcome domains that studies reported on were quality, process factors, and clinical factors. The majority of studies examined multiple outcome domains. All five outcome domains were multidimensional and included a variety of subthemes.ConclusionsThis scoping review represents the initial phase of mapping the outcomes reported in primary studies of CEC and identifying gaps in the evidence. The confirmed lack of standardization represents a hindrance to the provision of high quality intervention and CEC scientific progress. Insights gained can inform the development of a core outcome set to standardize outcome measures in CEC evaluation research and enable scientifically rigorous efficacy trials of CEC. (shrink)

BackgroundThere is growing interest in the collection, storage and reuse of biological samples for future research. Storage and future use of biological samples raise ethical concerns and questions about approaches that safeguard the interests of participants. The situation is further complicated in Africa where there is a general lack of governing ethical frameworks that could guide the research community on appropriate approaches for sample storage and use. Furthermore, there is limited empirical data to guide development of such frameworks. A qualitative (...) study to address this gap was conducted with key stakeholders in Malawi to understand their experiences and perspectives regarding storage and usage of samples for future research.MethodsThis study conducted 13 in-depth interviews with ethics committee members, regulators and researchers, and five focus group discussions with community representatives and clinical trial participants in Malawi. Interviews and focus group discussions were audio-recorded, transcribed verbatim, and thematically analysed.ResultsOn the current regulatory guidelines that governs the collection, storage and reuse of samples in Malawi, participants highlighted their different understanding of it, with some indicating that it prohibited the reuse and sharing of samples, while others believed it permitted.Views on the informed consent model used in Malawi, some stakeholders expressed that the current model limited options for sample contributors regarding future use. Researchers supported storing samples for future use in order to maximize their value and reduce research costs. However, they expressed concern over the exportation of samples highlighting that it could lead to misuse and would not support the development of research capacity within Malawi. They recommended use of broad consent or tiered consent and establishment of biobanks to address these concerns.ConclusionsStudy findings highlighted the need for a review of the current regulatory guideline and the development of infrastructure to support the use of stored biological samples for future use among the research community in Malawi. At the moment, there are ethical and practical concerns arising from the collection, storage and secondary use of biological samples make it hard to reconcile scientific progress and the protection of participants. (shrink)

Alison Gopnik and her collaborators have recently proposed a bold and intriguing hypothesis about the relationship between scientific cognition and cognitive development in childhood. According to this view, the processes underlying cognitive development in infants and children and the processes underlying scientific cognition are _identical_. We argue that Gopnik’s bold hypothesis is untenable because it, along with much of cognitive science, neglects the many important ways in which human minds are designed to operate within a social environment. This leads to (...) a neglect of _norms_ and the processes of _social_ _transmission_ which have an important effect on scientific cognition and cognition more generally. (shrink)

Against the medical and social models of disability are two newer proposals. Elizabeth Barnes’ Minority Body proposes that it is the bodies which are advocated for and included in the disability rights movement which are rightfully called “disabled.” Savulescu and Kahane’s Welfarist approach proposes that disability is intrinsically tied to the effects of bodily states on welfare. They put the need for a consistent and relatively simple normative theory above accounting for standard case judgements about who is and is not (...) disabled or looking at all to membership of the disabled community. I argue that Barnes’ theory offers the best response to issues with the dominant models of disability. Further, I argue that the Welfarist theory operates in a space removed from the wishes and lived experiences of disabled people – separating ‘disability’ from activism entirely – to its detriment. Doing so compromises its explanatory power, over-generalizes the concept and prevents the insertion of meaningful boundaries. Barnes’ ‘solidarity thesis’ soundly conceptualizes disability whilst making room for activist voices. The centering of activist projects makes it stronger. (shrink)

Dual-process theories of conditional reasoning predict that relationships among four basic logical forms, and to intellectual ability and thinking predictions, are most evident when conflict arises between experiential and analytic processing (e.g., Stanovich & West, 2000). To test these predictions, 210 undergraduates were presented with conditionals for which the consequents were either weakly or strongly associated with alternative antecedents (i.e., WA and SA problems, respectively). Consistent with predictions, modus ponens inferences were not related to inferences on the uncertain forms (affirmation (...) of the consequent, denial of the antecedent). On WA problems, modus tollens, affirmation of the consequent, and denial of the antecedent were related to each other and to verbal ability. Modus ponens was linked to verbal ability only when disabling conditions were activated. In accord with the predictions of Stanovich and West (2000), on most problems, thinking dispositions predicted variance in inferences independently from verbal ability. We argue that a largely automatic experiential processing system governs performance on modus ponens, unless disablers are activated. Consciously controlled analytic processing predominates on the uncertain forms and, under some conditions, on modus tollens. (shrink)

The COVID-19 outbreak has ravaged all societal domains, including education. Home confinement, school closures, and distance learning impacted students, teachers, and parents’ lives worldwide. In this study, we aimed to examine the impact of COVID-19-related restrictions on Italian and Portuguese students’ academic motivation as well as investigate the possible buffering role of extracurricular activities. Following a retrospective pretest–posttest design, 567 parents reported on their children’s academic motivation and participation in extracurricular activities. We used a multi-group latent change score model to (...) compare Italian and Portuguese students’: pre-COVID mean motivation scores; rate of change in motivation; individual variation in the rate of change in motivation; and dependence of the rate of change on initial motivation scores. Estimates of latent change score models showed a decrease in students’ motivation both in Italy and in Portugal, although more pronounced in Italian students. Results also indicated that the decrease in students’ participation in extracurricular activities was associated with changes in academic motivation. Furthermore, students’ age was significantly associated with changes in motivation. No significant associations were found for students’ gender nor for parents’ education. This study provides an important contribution to the study of students’ academic motivation during home confinement, school closures, and distance learning as restrictive measures adopted to contain a worldwide health emergency. We contend that teachers need to adopt motivation-enhancing practices as means to prevent the decline in academic motivation during exceptional situations. (shrink)

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court's approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation (...) experts and public law scholars to elaborate on 'legisprudence under review', this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation. (shrink)

Después de algunas décadas de desarrollo teórico del feminismo, el mismo perfil de la filosofía se ha transformado con la inteoducción de temas y conceptos novedosos como la perspectiva de género. Los profesores de la Facultad de Filosofía de la Universidad Michoacana de San Nicolás de Hidalgo (UMSNH) (y las destacadas invitadas que colaboran en este libro), sensibles a los avances y al despliegue de las categorías culturales que las reflexiones feministas aportan al mundo contemporáneo, se dan a la tarea (...) de describir algunos fenómenos y analizar el impacto que la teoría feminista ha tenido en los diferentes ámbitos del saber filosófico, sin menoscabo de su propia identidad de género. La confluencia entre las reflexiones feministas y los procesos de reflexión sobre la cultura, y a percibir la relación que éstos tienen con los procesos de identidad y diferenciación de género. La teoría feminista ha resultado ser así un recurso teórico de inapreciable valor en el intento de comprención general de la cultura.Tres secciones articulan este libro: Mitos y Logos de lo femenino, Reflexiones metodológicas sobre Teoría Feminista y Filosofía, y Filosofía de la Cultura y diferencia sexual. La amplitud y diversidad de temas que los integran no muestra la dimensión del espectro de conocimiento que se abre ante los perplejos ojos del filósofo contemporáneo que busca dotar a su actividad de la dignidad que el feminismo ha recuperado para el mundo plenamente humano. Si bien en otros campos de la filosofía ha resultado posible (con toda su cuestionabilidad) hacer abstracción de los hechos de la diferencia sexual, en este campo de análisis tal omisión resulta imposible, como lo muestan los trabajos integrados aquí. Y salvo que el sesgo de la neutralidad obnubile la claridad intelectual, es evidente que este proceso debería ser necesario en todo intento de reflexión sobre el mundo. (shrink)

Ethics in the philosophical traditions of India -- Chinese ethics -- Ancient Greek ethics -- Medieval Christian, Jewish, and Islamic ethics -- Ethics in modern philosophy -- African ethics -- The self in Indian philosophy -- The self in Chinese Buddhism -- Ancient Greek philosophy of mind -- Mind and body in early modern philosophy -- African philosophy of mind -- Indian theories of knowledge -- Chinese theories of knowledge.

Designed for contemporary moral problems courses, Bonevac's Today's Moral Issues is unique in providing theoretical readings related to the contemporary issues readings that follow; students connect theory and practice, thereby making the theory interesting and relevant. In addition to providing readings on contemporary topics, the book lends historical perspective to current moral issues with its unique inclusion of classic selections by philosophers such as Aristotle, Mill, Kant, and Locke.

Is liberal democracy appropriate for East Asia? In this provocative book, Daniel Bell argues for morally legitimate alternatives to Western-style liberal democracy in the region. Beyond Liberal Democracy, which continues the author's influential earlier work, is divided into three parts that correspond to the three main hallmarks of liberal democracy--human rights, democracy, and capitalism. These features have been modified substantially during their transmission to East Asian societies that have been shaped by nonliberal practices and values. Bell points to the dangers (...) of implementing Western-style models and proposes alternative justifications and practices that may be more appropriate for East Asian societies. If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories. Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China. (shrink)

We explored the possibility of a general brightness bias: brighter pictures are evaluated more positively, while darker pictures are evaluated more negatively. In Study 1 we found that positive pictures are brighter than negative pictures in two affective picture databases (the IAPS and the GAPED). Study 2 revealed that because researchers select affective pictures on the extremity of their affective rating without controlling for brightness differences, pictures used in positive conditions of experiments were on average brighter than those used in (...) negative conditions. Going beyond correlational support for our hypothesis, Studies 3 and 4 showed that brighter versions of neutral pictures were evaluated more positively than darker versions of the same picture. Study 5 revealed that people categorised positive words more quickly than negative words after a bright picture prime, and vice versa for negative pictures. Together, these studies provide strong support for the hypotheses that picture brightness influences evaluations. (shrink)

The rise of China, along with problems of governance in democratic countries, has reinvigorated the theory of political meritocracy. But what is the theory of political meritocracy and how can it set standards for evaluating political progress? To help answer these questions, this volume gathers a series of commissioned research papers from an interdisciplinary group of leading philosophers, historians and social scientists. The result is the first book in decades to examine the rise of political meritocracy and what it will (...) mean for political developments in China and the rest of the world. Despite its limitations, meritocracy has contributed much to human flourishing in East Asia and beyond and will continue to do so in the future. This book is essential reading for those who wish to further the debate and perhaps even help to implement desirable forms of political change. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to the (...) evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

Is liberal democracy a universal ideal? Proponents of "Asian values" argue that it is a distinctive product of the Western experience and that Western powers shouldn't try to push human rights and democracy onto Asian states. Liberal democrats in the West typically counter by questioning the motives of Asian critics, arguing that Asian leaders are merely trying to rationalize human-rights violations and authoritarian rule. In this book--written as a dialogue between an American democrat named Demo and three East Asian critics--Daniel (...) A. Bell attempts to chart a middle ground between the extremes of the international debate on human rights and democracy.Bell criticizes the use of "Asian values" to justify oppression, but also draws on East Asian cultural traditions and contributions by contemporary intellectuals in East Asia to identify some powerful challenges to Western-style liberal democracy. In the first part of the book, Bell makes use of colorful stories and examples to show that there is a need to take into account East Asian perspectives on human rights and democracy. The second part--a fictitious dialogue between Demo and Asian senior statesman Lee Kuan Yew--examines the pros and cons of implementing Western-style democracy in Singapore. The third part of the book is an argument for an as-yet-unrealized Confucian political institution that justifiably differs from Western-style liberal democracy.This is a thought-provoking defense of distinctively East Asian challenges to Western-style liberal democracy that will stimulate interest and debate among students of political theory, Asian studies, and international human rights. (shrink)

In this article we focus on three key precepts shared by Confucianism and the African ethic of Ubuntu: the central value of community, the desirability of ethical partiality, and the idea that we tend to become morally better as we grow older. For each of these broad similarities, there are key differences underlying them, and we discuss those as well as speculate about the reasons for them. Our aim is not to take sides, but we do suggest ways that Ubuntu (...) and Confucianism might have something to learn from each other and perhaps come closer. We hope that our preliminary reflections can inspire further debate and thinking on a theme – dialogues between long-standing and large-scale non-Western traditions – that is bound to increase in importance as non-Western societies play a greater role in the global system and as the search continues for a 'global ethic'. (shrink)

A trenchant defense of hierarchy in different spheres of our lives, from the personal to the political All complex and large-scale societies are organized along certain hierarchies, but the concept of hierarchy has become almost taboo in the modern world. Just Hierarchy contends that this stigma is a mistake. In fact, as Daniel Bell and Wang Pei show, it is neither possible nor advisable to do away with social hierarchies. Drawing their arguments from Chinese thought and culture as well as (...) other philosophies and traditions, Bell and Wang ask which forms of hierarchy are justified and how these can serve morally desirable goals. They look at ways of promoting just forms of hierarchy while minimizing the influence of unjust ones, such as those based on race, sex, or caste. Which hierarchical relations are morally justified and why? Bell and Wang argue that it depends on the nature of the social relation and context. Different hierarchical principles ought to govern different kinds of social relations: what justifies hierarchy among intimates is different from what justifies hierarchy among citizens, countries, humans and animals, and humans and intelligent machines. Morally justified hierarchies can and should govern different spheres of our social lives, though these will be very different from the unjust hierarchies that have governed us in the past. A vigorous, systematic defense of hierarchy in the modern world, Just Hierarchy examines how hierarchical social relations can have a useful purpose, not only in personal domains but also in larger political realms. (shrink)

New features in this edition, in addition to truth tree systems for classical and nonclassical logics, include new and simpler rules for modal logic, deontic ...

BackgroundSleep, physical activity, and diet have been associated with mental health and well-being individually in young adults. However, which of these “big three” health behaviors most strongly predicts mental health and well-being, and their higher-order relationships in predictive models, is less known. This study investigated the differential and higher-order associations between sleep, physical activity, and dietary factors as predictors of mental health and well-being in young adults.MethodIn a cross-sectional survey design, 1,111 young adults ages 18–25 from New Zealand and the (...) United States answered an online survey measuring typical sleep quantity and quality; physical activity; and consumption of raw and processed fruit and vegetables, fast food, sweets, and soda, along with extensive covariates and the outcome measures of depressive symptoms [measured by the Center for Epidemiological Depression Scale ] and well-being.ResultsControlling for covariates, sleep quality was the strongest predictor of depressive symptoms and well-being, followed by sleep quantity and physical activity. Only one dietary factor—raw fruit and vegetable consumption—predicted greater well-being but not depressive symptoms when controlling for covariates. There were some higher-order interactions among health behaviors in predicting the outcomes, but these did not survive cross-validation.ConclusionSleep quality is an important predictor of mental health and well-being in young adults, whereas physical activity and diet are secondary but still significant factors. Although strictly correlational, these patterns suggest that future interventions could prioritize sleep quality to maximize mental health and well-being in young adults. (shrink)

John Rawls is the most influential 20th century political philosopher, but critics have complained about the ahistorical character of his approach. The purpose of this book is to argue that these critics are, at best, only half correct._Pre-Liberal Political Philosophy_ concentrates on four pre-liberal thinkers who are major figures in the history of philosophy and who are surprisingly formative in the development of Rawls’s mature political philosophy: Plato, Aristotle, Augustine, and Aquinas.

For much of the twentieth century, Confucianism was condemned by Westerners and East Asians alike as antithetical to modernity. Internationally renowned philosophers, historians, and social scientists argue otherwise in Confucian Political Ethics. They show how classical Confucian theory--with its emphasis on family ties, self-improvement, education, and the social good--is highly relevant to the most pressing dilemmas confronting us today. Drawing upon in-depth, cross-cultural dialogues, the contributors delve into the relationship of Confucian political ethics to contemporary social issues, exploring Confucian perspectives (...) on civil society, government, territorial boundaries and boundaries of the human body and body politic, and ethical pluralism. They examine how Confucianism, often dismissed as backwardly patriarchal, can in fact find common ground with a range of contemporary feminist values and need not hinder gender equality. And they show how Confucian theories about war and peace were formulated in a context not so different from today's international system, and how they can help us achieve a more peaceful global community. This thought-provoking volume affirms the enduring relevance of Confucian moral and political thinking, and will stimulate important debate among policymakers, researchers, and students of politics, philosophy, applied ethics, and East Asian studies. The contributors are Daniel A. Bell, Joseph Chan, Sin Yee Chan, Chenyang Li, Richard Madsen, Ni Lexiong, Peter Nosco, Michael Nylan, Henry Rosemont, Jr., and Lee H. Yearley. (shrink)