BackgroundIn its 2015 decision in Montgomery v. Lanarkshire Health Board, the Supreme Court of the United Kingdom overruled the long-standing, paternalistic prudent doctor standard of care in favour of a new reasonable patient standard which obligates doctors to make their patients aware of all material risks of the recommended treatment and of any reasonable alternative treatment. This landmark judgment has been of interest to the rest of the common law world. A judicial trend of invoking Montgomery to impose more stringent (...) requirements on doctors is discernible in subsequent decisions since then.Main bodyIn this narrative review, without questioning the idea that properly informed patients should play a more active role in procedures affecting their own health in furtherance of their autonomy, safety, and consumer rights, we identify and analyse, with the aid of realistic clinical thought experiments, three practical conundrums that the Montgomery standard may inflict on the daily work of doctors, unfairly exposing them to arbitrary legal risks.ConclusionsThese conundrums pertain to the ascertainment of the risks that must be disclosed to the patient under the test of ‘materiality’; the legal uncertainty as to the scope of the exceptions; and the actual ability of doctors to cope with the pressures of time. These conundrums offer ripe opportunities to rethink the proper role of judicially developed medical law in modern health care practice. (shrink)

Section One - Principles and concepts of healthcare law and ethics -- Section Two - Complaints, disciplinary proceedings and indemnity insurance -- Section Three - Confidentiality, disclosure and apologies -- Section Four - Alternative dispute resolution and relationship with colleagues -- Section Five - Liabilities beyond healthcare practices.

Researchers have recognized that interpersonal trust consists of different dimensions. These dimensions suggest that trust can be rational, cognitive, or affective. Affect, which includes moods and emotions, is likely to have a direct impact on the affective dimension. On the other hand, there are also studies showing that affect indirectly influence cognitive judgments. Nonetheless, in this chapter we argue that the impact of affect on judgment will not be the same on all individuals. In effect, the impact varies, depending on (...) the individual's attention to affect, motivation to use or guard against affect, or regulation of affect. All this may suggest that an individual's abilities or tendencies to manage affect will have implication on his or her trust relationships with others. (shrink)

This paper attempts to delineate the interaction between trust, emotion, and ethical decision making. The authors first propose that trust can either incite an individual toward ethical decisions or drag him or her away from ethical decisions, depending on different situations. The authors then postulate that the feeling of guilt is central in understanding how trust affects the ethical decision making process. Several propositions based on these assumptions are introduced and implications for practice discussed.

Trust has traditionally been regarded as conducive to ethical decision making. However, empirical studies on the relationship between trust and ethical decision making are rare, especially those concerning the negative effects of trust. Therefore, our study aimed to provide empirical evidence in this area. An experiment was designed to investigate whether trusted parties are more likely than non-trusted parties to enter into a collusion that will have unfair consequences for a third party. The results showed that trusted parties are significantly (...) more likely to collude than are non-trusted parties. Furthermore, an ancillary analysis revealed the mechanism of trust. First, participants with a stronger need to collude were the most likely to collude in the trust group. Second, experimental and hypothetical settings generated different results, and we suspect that real harm plays a vital role. Overall, we conclude that the absence of trust serves as an impediment to collusion. (shrink)

By adopting social exchange theory and the affect-infusion-model, the hypothesis is made that emotional intelligence (EI) will have an impact on three perceptions of trustworthiness – ability, integrity and benevolence – at the beginning of a relationship. It was also hypothesized that additional information would gradually displace EI in forming the above perceptions. The results reveal that EI initially does not contribute to any of the perceptions of trustworthiness. As more information is revealed EI has an impact on the perception (...) of benevolence, but not on the perceptions of ability and integrity. This impact was observed to be negative when the nature of the information was negative. On the other hand, information alone was shown to have a significant impact on the perceptions of ability and integrity, but not on the perception of benevolence. Theoretical and practical implications of the findings are addressed. (shrink)

This article investigates the impact of different emotions on trust decisions taking into account the experience of betrayal. Thus, an experiment was created that included one betrayal group and one control group. Participants in the betrayal group experienced more intense feelings governed by negative emotions than participants in the control group did. Moreover, participants in the betrayal group significantly lowered their trust of another stranger. On the other hand, we found some evidence that neuroticism exaggerated the relationship between experienced betrayal (...) and subsequent trust. (shrink)

Medical law is not new in medical literature and can constitute an imperative component in medical education. Some medical schools include medical law as a compulsory component of the curriculum. In line with curriculum re-structuring at the University of Malaya, medical law was integrated in the medical curriculum and the feasibility of this integration into the Year 1 undergraduate curriculum was evaluated. Following implementation of a 4-week medical law module, an evaluation of the suitability of early integration of this module (...) was conducted using a ten-item, 4-point Likert scale questionnaire. Two open-ended questions were also included to gauge insights of the integration. All items were scored 3 points or more from the students’ responses. Using the open-ended questions, recommendations for future directions as well as constraints and issues related to the integration of medical law into teaching and learning was revealed. Overall, findings of the study indicated that integrating medical law into medical curriculum at an early stage was beneficial for the medical students. (shrink)

Past research on talk radio discourses has illustrated the crucial role of the hosts in managing the conversation and shaping the voices of callers. However, past research focused mostly on dyadic host–caller interactions. Radio talk shows in Hong Kong, in contrast, often have more than one host. This study is interested in the implications of the triadic setting of radio talk shows in Hong Kong. It uses Radio Television Hong Kong’s evening program Open Line Open View as a case study. (...) Employing the techniques of conversation analysis, this study replicates some of past studies’ findings about the source of host power. More importantly, the analysis shows that the second host in a triadic setting can play three important roles: the program conductor, the buffer, and the counterweight. The micro-level interactional patterns have important implications for the overall character of the program itself and the role of talk radio in the politics of public opinion in Hong Kong. More generally, this study illustrates the utility of paying attention to the differences between dyads and triads in the microsociological analysis of conversations in broadcast media. (shrink)

Liver transplantation (LT) activities during the COVID-19 pandemic have been curtailed in many countries. The impact of various policies restricting LT on outcomes of potential LT candidates is unclear. We studied all patients on the nationwide LT waitlists in Hong Kong and Singapore between January 2016 and May 2020. We used continuous time Markov chains to model the effects of different scenarios and varying durations of disruption on LT candidates.

The institutional guarantees of modern labour law, that provide the keystone of progressive liberalism, are often only reactionary to the entrenched concepts of socialist law. Adoption of institutions of “workers rights”, and employment protection based upon contract, inevitably nullify the ideological promise of the inalienable “right to work”. China, among the last bastions of theoretical Marxist socialism, and among the first socialist countries ready to accept that it has been in desperate need of reforming uneconomical state enterprises, seems willing to (...) sacrifice ideological purity for economic development. Yet, if economic turnaround requires enterprise rationalisation in a market economy, it is understandable that Chinese labour requires the same kinds of protection against unbridled capitalism as progressive labour movements elsewhere. Doubtless, for those who have enjoyed no such institutional guarantees in the past, official commitment to improvement of labour conditions is better than no acknowledgment of need for reform of social policy whatever. Yet, the real question for students of social change is “Are these legislated reforms effective policy guides for local administration and the courts?”“|Or are they merely regulations for licensing compliance – primarily for foreign invested enterprises?”. In brief, “... to what extent are the new ‘workers’ rights’ realistically attainable sources of judicial remedies for individual workers?”. (shrink)

This article takes a speculative and design fiction approach to the critical analysis of the role of smart and autonomous vehicles (AVs) in the context of smart cities. The article explores arguments that these cars of the future will have decisive impacts on mobility, sustainability and road safety. The article examines the main parameters of smart city and smart car developments and then focuses on the visions of increasing AI-driven autonomy. The article demonstrates how these debates are linked to speculative (...) design as full autonomy does not currently exist but takes a speculative position as to what the critical issues are that face smart/autonomous city visions (enhanced surveillance and data mining) and considers the potentially hazardous ethical dilemmas that AVs may encounter once fully rolled out onto city roads. From a design fiction perspective, the article envisions the viability of AV prioritizing public rather than private transport as a means by which the ‘techno-utopic’ visions of smart city/AV integration can be realized and make positive impacts to enhance urban living in rendering future cities as more sustainable, efficiently mobile and safer urban spaces. (shrink)

In this paper I wish to examine in detail the arguments which Spinoza uses in a very brief section of the Ethics, the lemmas following Proposition 13 of Part II. My aim in this analysis will be twofold: to attempt a preliminary sketch of the nature of a physical system in Spinoza’s view, and to clarify what Spinoza means by speaking of certain items as “individuals.” At least a partial fulfillment of the first aim is a necessary condition for the (...) second, since most of what Spinoza has to say about individuation in the Ethics and elsewhere is expressed in terms of individual bodies. His own solution of the mind-body problem entails that there will be correlative statements true at the ideational level; but, unfortunately, he usually leaves such correlations to his reader. I use the term “ideational” herein in preference to “mental” to avoid any dualistic connotation. Ideational and extensional levels for Spinoza refer to a dualism of denoting complexes, but not to a dualism of objects denoted by these. (shrink)

This paper contributes to biodiversity and species extinction literature by examining the relationship between corporate accountability in terms of species protection and factors affecting such accountability from forward-thinking companies. We use triangulation of theories, namely deep ecology, legitimacy, and we introduce a new perspective to the stakeholder theory that considers species as a ‘stakeholder’. Using Poisson pseudo-maximum likelihood regression, we examine a sample of 200 Fortune Global companies over 3 years. Our results indicate significant positive relations between ecologically conscious companies (...) that are accountable for the protection of biodiversity and species extinction and external assurance, environmental performance, partnerships with socially responsible organizations and awards for sustainable activities. Our empirical results appear to be robust in controlling for possible endogeneities. Our findings contribute to the discussion on the concern of species loss and habitat destruction in the context of corporate accountability, especially in responding to the sixth mass extinction event and COVID-19 crisis. Our results can also guide the policymakers and stakeholders of the financial market in better decision making. (shrink)

Where Taber and Lodge view belief polarization to indicate a “partisan motivation,” Lord et al. (1979) believed it to be consistent with a desire for accuracy: A “weak” study articulating an opposing viewpoint might simply sharpen participants' initial belief of the wisdom of their prior beliefs. This polarization, Taber and Lodge show, correlates with political sophistication: The more partisan a participant, the more time spent reading the opinions of the other side—in order to critically refute them. Taber and Lodge attribute (...) such findings to people's personal identification with their beliefs. However, participants may have spent so much time reading opinions of the other side because the arguments are unfamiliar. Further, Lord et al. (1984) were able to induce people to act with “skepticism” toward their own views by simply suggesting that they “consider the other side.”. (shrink)

Russell had two theories of names and one theory of description. Logically proper names are Millian names, which have only denotation but no connotation. Ordinary names are not genuine names but disguised definite descriptions subject to quantificational analyses. Only by asserting that ordinary names are definite descriptions could Russell motivate his theory of description to solve three problems for Millian names, namely, Frege’s puzzle, empty reference and negative existentials. Critics usually discuss Russell’s theories of names and his theory of description (...) separately. This paper takes a new perspective and presents a dilemma for the overall project, arguing that it is hard to be a Russellian about names coherently. The central issue is whether contextualisation is semantic or pragmatic in nature, an issue very much alive in contemporary debates. This paper traces Russell’s ambiguity on this matter back to his conception of the roles of knowledge by acquaintance and knowledge by description in naming. (shrink)

Using Ritzer’s McDonaldization of Society thesis as a reference point, this article contributes sociologically to burgeoning critical obesity studies. It does this using qualitative data from a study of men and weightrelated issues undertaken in northern England. Taking a counter-intuitive approach, it explores whether slimming proceeds in accord with the rationalizing principles of the fast-food restaurant: calculability, efficiency, predictability and technological control. Rather than reproducing a simplified and ultimately stigmatizing account, where fatness is a pathological bodily state caused by fast (...) food, this article explores the degree to which fatness is actively made into a correctable problem using McDonaldized principles. Irrationalities and meaningful resistances associated with the public and private fight against fat are also considered. (shrink)

이 논문은 현대 사회의 절망이라는 현상에 주목하면서 실존적 의미에서의 인간의 절망이란 무엇이고 절망의 근본 원인이 무엇인지 살펴보고, 이를 통하여 이러한 절망을 어떻게 극복할 수 있는가에 대하여 논의한다. 불안과 절망이라는 중요한 철학적 심리학의 주제에 관하여 키에르케고어는 그의 저서인 『불안의 개념』과 『죽음에 이르는 병』에서 인간이 근본 조건으로서의 불안과 절망을 경험할 수밖에 없는 근거를 해명하고자 했다. 본 연구에서는 키에르케고어의 이해에 바탕한 불안과 절망에 대한 이론적 고찰로부터 현대 사회에서 인간이 겪는 구체적인 형태의 절망을 철학적으로 어떻게 바라볼 수 있는지를 논의한다. 나아가 현대 사회에서 인간이 경험하는 (...) 절망을 철학상담의 관점에서 재해석하고, 이를 토대로 ‘공감적 대화’와 ‘초월’이라는 철학상담의 기법을 통해 이들이 자신이 마주한 절망을 극복하도록 도울 수 있는 가능성을 제시한다. (shrink)

Spinoza semble adopter une position pleinement norninaliste lorsqu’il discue des notions universelles dans l’Ethique, mais on y trouve aussi plusieurs arguments où, semble-t-il, des universaux sont présupposés. La solution avancé par plusieurs commentateurs, y compris Haserot, est que Ie système spinoziste est d’inspiration platoniste, et qu’il faut réinterpréter les passages d’apparence nominaliste pour les accorder avec Ie platonisme ou l’essentialisme. J’argurnente qu’un tel procédé n’est justifié ni par Ie texte ni par la structure du système de Spinoza. L’interprétation du spinozisme (...) que je propose Ie place dans Ie cadre logique du nominalisme contemporain, à I’instar du système de Nelson Goodman, par exemple. (shrink)

The aim of this essay is to introduce an original and radical phenomenology of life into Heidegger’s earliest lectures at Freiburg University. The motivation behind this aim lies in the exclusion of life from the existential analytic despite Heidegger’s preoccupation with the question of life during this very early period. Principally, the essay demonstrates how Husserl’s phenomenological insight into the intentionality of life has the potential to be transformed into a living aporia. Although this demonstration is set within the general (...) context of obtaining knowledge in and of life, it is achieved via a reciprocal critique of the possibility of a philosophy of life and Husserlian phenomenology to reveal the congruence life philosophy has with the project of phenomenology. In contrast to fundamental ontology, the essay ends by exposing Heidegger’s latent and inexplicit formulation of phenomenology in terms of a radical correlation that holds aporetically between living and unliving experience. (shrink)

I argue that naturalistic pictures provide a guide and a justification for our concept of colour. The crucial relation between pictures and colours is to be brought out, not by reference to the ‘internal’ relations between colours (for example, what differentiates green from red), but by considering how colours are differentiated from the wider range of visually discriminable qualities. Naturalistic pictures effect such a differentiation by simulating colour-like qualities such as gold, amber, and blond, while requiring nothing beyond the three-dimensional (...) manifold of colour space. The seeming simplicity and salience of colour in our visual experience should be recognized as depending on our familiarity with this reductive power of naturalistic pictures. While some sense of these issues has been given expression by many thinkers, the idea is significantly articulated in remarks of Wittgenstein's that were prompted by his reading of a letter the painter Runge wrote to Goethe. (shrink)

This article, drawing on Marsilius of Padua's Defensor Pacis, discusses Marsilius's theory of dominium, situating that theory within the context of the debate with Pope John XXII and William of Ockham. The author also reintroduces the long unsettled question of the extent of Marsilius's legal knowledge and training. The article closes by calling for a more sustained investigation of Marsilius's knowledge of Roman law, and of his relation to the poverty controversy and especially Ockham.

In 1976, John Immerwahr published a classroom simulation designed to illustrate Hobbes’ model of the mutual transfer of rights in the formation of the social contract. The game is fruitfully seized upon in classrooms from a broad range of disciplines because the lesson of Hobbes’ state of nature and Immerwahr’s game can both be represented and elucidated by principles of game theory. This paper reintroduces a new generation of teachers to what the author calls “one of the finest philosophy simulations (...) ever designed”, offers suggestions on conducting the game and on how Immerwahr’s implementation of it can be improved, and discusses its game-theoretic implications. Whereas Immerwahr’s version of the game approximates the Prisoner’s Dilemma, the version presented in this paper more closely resembles the “Assurance Game”. Accordingly, the results of the author’s game indicate that, if given the chance to cooperate, students do so, and the average student finishes the game better off than in the Prisoner’s Dilemma. The author relates the results of his game to the theories of Hobbes, Locke, and Rousseau, and concludes by underscoring the richness of the game for philosophical analysis. (shrink)

I argue that Spinoza’s account of appetition, and its application to human sexuality, is more original than many commentators suggest; and that it offers resolutions to several puzzles in the philosophy of sex. The paper first situates these puzzles in contemporary debates, offers a detailed analysis of Spinoza’s remarks on love in general and sexual love in particular, and concludes with some of the normative consequences which Spinoza attempts to derive from these.

I argue that Spinoza’s account of appetition, and its application to human sexuality, is more original than many commentators suggest; and that it offers resolutions to several puzzles in the philosophy of sex. The paper first situates these puzzles in contemporary debates, offers a detailed analysis of Spinoza’s remarks on love in general and sexual love in particular, and concludes with some of the normative consequences which Spinoza attempts to derive from these.