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 future is kid stuff -- Sinthom-osexuality -- Compassion's compulsion -- No future.

For twenty years, _Teaching for Diversity and Social Justice_ has been the definitive sourcebook of theoretical foundations, pedagogical and design frameworks, and curricular models for social justice teaching practice. Thoroughly revised and updated, this third edition continues in the tradition of its predecessors to cover the most relevant issues and controversies in social justice education in a practical, hands-on format. Filled with ready-to-apply activities and discussion questions, this book provides teachers and facilitators with an accessible pedagogical approach to issues of (...) oppression in classrooms. The revised edition also focuses on providing students the tools needed to apply their learning about these issues. Features new to this edition include: A new bridging chapter focusing on the core concepts that need to be included in _all_ SJE practice and illustrating ways of "getting started" teaching foundational core concepts and processes. A new chapter addressing the possibilities for adapting social justice education to online and blended courses. Expanded overview sections that highlight the historical contexts and legacies of oppression, opportunities for action and change, and the intersections among forms of oppression. Added coverage of key topics for teaching social justice issues, such as establishing a positive classroom climate, institutional and social manifestations of oppression, the global implications of contemporary SJE work, and action steps for addressing injustice. New and revised material for each of the core chapters in the book complemented by fully-developed online teaching designs, including over 150 downloadables, activities, and handouts on the book’s Companion Website. A classic for teachers across disciplines, _Teaching for Diversity and Social Justice_ presents a thoughtful, well-constructed, and inclusive foundation for engaging students in the complex and often daunting problems of discrimination and inequality in American society. (shrink)

This article explores the Polanyi brothers’ publicly-stated views--and private debates--concerning the nature and origin of fascism and communism. In that connection, it examines their rival estimates of the Soviet regime.

Several attempts have recently been made to explain moral systems and moral sentiments in light of evolutionary biological theory. It may be helpful to modify and extend this project with the help of a theory of communication developed by ethologists. The core of this approach is the idea that signals are best seen as attempts to manipulate others rather than as attempts to inform them. This addition helps to clarify some problematic areas in the evolutionary study of morals, and it (...) generates new, testable predictions about moral statements. (shrink)

It is widely believed that some wars are just, and that the paradigm case of a just war is a defensive war. A familiar strategy used to justify defensive war is to infer its permissibility from the case of self-defensive killing. I show, however, that the permission to defend oneself does not justify killing, but instead calls for nonviolent resistance. I conclude that on the account of self-defense I develop, the appropriate way to respond to a war of aggression is (...) not by prosecuting a defensive war, but by engaging in a form of nonviolence I call pacific resistance. (shrink)

The articles in this issue span across multiple media sectors, yet all focus on questions of credibility and engagement.Even some of the best public relations veterans will acknowledge that they ca...

Under the traditional system of peer-reviewed publication, the degree of prestige conferred to authors by successful publication is tied to the degree of the intellectual rigor of its peer review process: ambitious scientists do well professionally by doing well epistemically. As a result, we should expect journal editors, in their dual role as epistemic evaluators and prestige-allocators, to have the power to motivate improved author behavior through the tightening of publication requirements. Contrary to this expectation, I will argue that the (...) publication bias literature in academic medicine demonstrates that editor interventions have had limited effectiveness in improving the health of the publication and trial registration record, suggesting that much stronger interventions are needed. (shrink)

Volume 29, Issue 4, October-December, Page 209-209.

Volume 29, Issue 4, October-December, Page 209-209.

This paper reports part of a longitudinal research project, which sought to capture students’ conceptualization of caring practice as they progressed to different levels of study in a nursing diploma programme in Hong Kong. Model emulation was found to be an effective means of focusing students’ learning processes on the moral aspects of nursing practice. The theory of model emulation from a Chinese perspective and how it is applied to create a learning context to allow students to acquire a moral (...) sense of nursing are discussed. The participating students are invited to be sincere enquirers in the pursuit of the good embedded in practice through introspective self-examination and dialogue. They are asked to describe and share their experience of positive and negative examples of nursing in written accounts. Van Kaam’s phenomenological method was adopted to explicate the good and bad constituents of nursing from these examples, with the students assuming an active role in the explication process. The explication reveals that the students were able to articulate the good and bad practices in a variety of patient care situations. (shrink)

Female-biased parental investment is unusual but not unknown in human societies. Relevant explanatory models include Fisher’s principle, the Trivers-Willard model, local mate and resource competition and enhancement, and economic rational actor models. Possible evidence of female-biased parental investment includes sex ratios, mortality rates, parents’ stated preferences for offspring of one sex, and direct and indirect measurements of actual parental behavior. Possible examples of female-biased parental investment include the Mukogodo of Kenya, the Ifalukese of Micronesia, the Cheyenne of North America, the (...) Herero of southern Africa, the Kanjar of south Asia, the Mundugumor of New Guinea, contemporary North America, and historical Germany, Portugal, and the United States. (shrink)

Rappaport's comment includes several errors. First, he conflates manipulation and deceit. Second, he confuses the rationalism of the evolutionary biological analysis of organisms with the rationalism (or lack thereof) of the motivational and cognitive structures of the organisms under study. Third, his moralistic judgment of my focus on manipulation implies that scientists should not only not explore but should also suppress such unsettling ideas. We will make little progress in understanding morality and in fostering truly moral behavior if we refuse (...) to acknowledge that moralistic statements may sometimes, and perhaps even often, be used in a manipulative way. (shrink)

In this project, we explore perceptions of the social and ethical implications of nanotechnology among US scientists who work at the nanoscale, and develop and pilot test an online training module to foster consideration of social and ethical implications in the lab. To meet our first goal, we drew qualitative insights from open-ended survey data collected from scientists affiliated with the National Nanotechnology Infrastructure Network. Our data suggest that while the survey participants responded positively to the idea that consideration of (...) SEI should be a part of the work they do, there was confusion about whether SEI refers to lab safety, research integrity, or something more. This is something we sought to address in the online training module that we developed based on that qualitative data and on feedback collected from experts in nanoethics and lab management. We then pilot tested the module with undergraduate students studying nanotechnology in the National Science Foundation’s Research Experiences for Undergraduates program and with scientists registered to use a National Nanotechnology Coordinated Infrastructure-funded microelectronics research lab. The undergraduate data suggested that students appreciated the SEI training but wished professors and scientists would begin integrating the ideas therein into coursework and mentoring. The scientist data suggested that the module increased understanding of “social and ethical implications,” increased the perceived need to implement SEI into workplace routines, and, interestingly, heightened perceptions of risk associated with the scientists’ own work. The practical and theoretical implications of this work are discussed. (shrink)

Within a context of rapid growth and diversification in higher degree research programs, there is increasing pressure for the results of doctoral research to be made public. Doctoral students are now being encouraged to publish not only after completion of the doctorate, but also during, and even as part of their research program. For many this is a new and challenging feature of their experience of doctoral education. _Publishing Pedagogies for the Doctorate and Beyond_ is a timely and informative collection (...) of practical and theorised examples of innovative pedagogies that encourage doctoral student publishing. The authors give detailed accounts of their own pedagogical practices so that others may build on their experiences, including: a program of doctoral degree by publication; mentoring strategies to support student publishing; innovations within existing programs, including embedded publication pedagogies; co-editing a special issue of a scholarly journal with students; ‘publication brokering’, and writing groups and writing retreats. With contributions from global leading experts, this vital new book: explores broader issues pertaining to journal publication and the impacts on scholarly research and writing practices for students, supervisors and the academic publishing community takes up particular pedagogical problems and strategies, including curriculum and supervisory responses arising from the ‘push to publish’ documents explicit experiences and practical strategies that foster writing-for-publication during doctoral candidature. _Publishing Pedagogies for the Doctorate and Beyond_ explores the challenges and rewards of supporting doctoral publishing and provides new ways to increase research publication outputs in a pedagogically sound way. It will be a valued resource for supervisors and their doctoral students, as well as for program coordinators and managers, academic developers, learning advisors, and others involved in doctoral education. (shrink)

Intelligent design, though unnecessary in the study of biological evolution, is essential to the study of cultural evolution. However, the intelligent designers in question are not deities or aliens but rather humans going about their lives. The role of intentionality in cultural evolution can be elucidated through the addition of signaling theory to the framework outlined in the target article. (Published Online November 9 2006).

Executives of many publicly held firms agree to compensation packages that create immense exposure to their employer’s stock. Corporate boards, aspiring to motivate executives to make value-maximizing decisions, often tie an executive’s earnings to stock price performance through stock or option awards. However, this engenders a significant ethical dilemma for many executives who are uncomfortable with sizable, firm-specific risk and desire to reduce it through hedging activities. Recent research has shown that executive hedging has become more prevalent. In essence, managers (...) are unwinding the acute economic incentive to act in the best interest of the owners. This appears to violate the spirit of the compensation contract and from a normative standpoint, is not how executives should act. In this article, we describe how some executives are acting in regard to this issue (descriptive ethics), how they should act (normative ethics) and how they can be helped to get from what they are doing, to what they should be doing (prescriptive ethics). (shrink)

In this paper I offer a new interpretation of the philosophical method of the "Meno." In the opening discussion of the dialogue, Plato introduces a restriction on answers in dialectical inquiry, which I call the Dialectical Requirement (DR). The DR is applied twice in the "Meno," in different ways (75d5-7, 79d1-3). In the first section of the paper, I argue that the two applications of the DR represent the beginning and end of dialectic. This shows that dialectical inquiry starts from (...) our linguistic competence with the name of the property we investigate, and ends only when we have an account saying what is common to and explanatory of the bearers of that property. Dialectic begins in our ordinary ability to speak and think about the world, and ends in genuine grasp of the underlying causes of nature. In the second section, I describe the resources of linguistic competence, and their role in dialectical progress. Our linguistic competence with the name of a property enables us to make a wide variety of statements about the property and its bearers in ordinary discourse. In dialectic, these ordinary statements act as a portfolio in which the property under investigation is presented to us writ large, through its instances, types, species, etc. We seek to develop an account that says what is common to, and explanatory of the phenomena in the portfolio. When an account is inconsistent with one of the things we tend to say, this demands revision either in the account, or in the portfolio of statements. In this way, the process by which we develop our account also helps to organize and revise the statements in our portfolio so that they and the account ultimately form a coherent, explanatory body of statements. (shrink)

This paper complicates, extends, and modifies Pinch and Bijker's original social construction of technology, specifically their concepts of relevant social groups, closure, and stabilization, in order to gain insight into long-term processes of how we use and understand technology. First, this paper identifies four broad categories of relevant social groups in the social construction of technology based on stake holdings and compares them according to their activities, resources, and directionality. Second, the paper discusses the distinctions between closure and stabilization of (...) technological artifacts, introducing temporary closure and structural flexibility as a means of understanding how different technologies can relate to each other. Third, using Rosch's cognitive approach to categorization, the paper suggests structural flexibility as a means of operationalizing stabilization. These reconceptualizations offer researchers a broader scale with which to understand the social construction of technology. (shrink)

The relationship between parents' stated sex preferences for children and actual parental behaviour towards sons and daughters is examined among the Mukogodo, a group of traditional pastoralists in rural Kenya. Although their cultural values are male-centred and they tend to express a preference for sons, Mukogodo parents actually appear to be more solicitous of daughters, and the Mukogodo have a strongly female-biased childhood sex ratio. Studies of stated sex preferences should therefore be coupled with attempts to assess actual parental investment (...) in sons and daughters. (shrink)

In contrast to the traditional and ordinary interpretation of Xunzi’s theory of human nature, which considers Xunzi’s theory as claiming that human nature is bad or evil, this article aims at, first, arguing that the interpretation is wrong or at least incomplete and, second, constructing a new interpretation that, according to Xunzi’s text, there are some factors in human nature that are able to promote good behaviors. I shall demonstrate that some major paragraphs in Xunzi’s text were misinterpreted and misarranged, (...) analyze that the word wei in the chapter of “Zhengming” has two different but related senses, one of which designates some of the potential capacities of human nature, and argue that the 23 words in the chapter of “Rongru” should not be deleted as redundant, as was done by the two famous philologists in Qing dynasdy, Wang Niansun and Wang Xianqian. (shrink)

This article deals with the objective nuances of empirical research, within the ambit of the quantitative kind. It begins with an overview of conducting empirical legal research, discussing its research design, implementation, and challenges faced. Theorizing in empirical legal scholarship comes in different forms: in some projects theories seek to provide insight into a wide range of phenomena, others are tailored to fit particular situations. In the clarification process the researcher translates abstract notions into concrete ones. To convert the data (...) into an analyzable form, empirical legal researchers make use of a variety of data-generation mechanisms. Researchers can implement random sampling in various ways depending on the nature of the problem. Data analysis enables researchers to compare their overlap. The goal of empirical legal research is to find facts about the unknown. The last step of empirical legal research is to present its results, for which, documentation is a requisite. (shrink)