Working within the tradition of continental philosophy, this article argues in favour of a phenomenological understanding of language as a crucial component of bioethical inquiry. The authors challenge the ‘commonsense’ view of language, in which thinking appears as prior to speaking, and speech the straightforward vehicle of pre-existing thoughts. Drawing on Maurice Merleau-Ponty's (1908–1961) phenomenology of language, the authors claim that thinking takes place in and through the spoken word, in and through embodied language. This view resituates bioethics as a (...) matter of bodies that speak. It also refigures the meaning of ethical self-reflexion, and in so doing offers an alternative view on reflexivity and critique. Referring to the Kantian critical tradition and its reception by Hannah Arendt and Michel Foucault, we advance a position we call ‘critical ethical reflexivity’. We contend that Merleau-Ponty's phenomenology of language offers valuable insight into ethical reflexivity and subject formation. Moreover, his understanding of language may foster new qualitative empirical research in bioethics, lead to more nuanced methods for interpreting personal narratives, and promote critical self-reflexion as necessary for bioethical inquiry. (shrink)

This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.

The concept of social structure is ill defined in the literature despite the perennial problem and ongoing discussion about the relationship between agency and structure. In this paper I will provide an outline of what the term social structure means, but my main focus will be on emphasizing the value of the concept for nursing research and demonstrate how its erasure in some research negatively effects on our understanding of the nurses' role in clinical practice. For example, qualitative research in (...) nursing has largely focused on agency through such theories as phenomenology, hermeneutics, and symbolic interactionism. The result is that social structure may be erased or seen as epiphenomena of agency. My purpose is to provide a theoretical discussion of social structure and how such a discussion can help us to understand how nurses live and experience clinical practice. While not denying the importance of agency, I will argue that the thinned out approach to social structure places limits on our understanding of the constraints nurses experience in their working lives. The result is that nurses' attitudes and clinical failings are individualized, resulting in ever more calls for improved education, when a more thorough examination of structural issues may elucidate more fundamental problems. (shrink)

We argue that the physics of complex materials and self-organizing processes should be made central to the biology of form. Rather than being encoded in genes, form emerges when cells and certain of their molecules mobilize physical forces, effects, and processes in a multicellular context. What is inherited from one generation to the next are not genetic programs for constructing organisms, but generative mechanisms of morphogenesis and pattern formation and the initial and boundary conditions for reproducing the specific traits of (...) a taxon. There is no inherent antagonism between this “physicalist” perspective and genetics, since physics acts on matter, and gene products are essential material components of living systems whose variability affects the systems’ parameters. We make this notion concrete by summarizing the concept of “dynamical patterning modules” (DPMs; Newman and Bhat, Phys Biol 5:1–14, 2008; Int J Dev Biol 53:693–705, 2009), an explicit physico-genetic framework for the origin and evolution of multicellular form in animals, as well as (when differences in interaction toolkit genes and applicable physical processes are taken into account) in multicellular plants (Hernández-Hernández et al., Int J Dev Biol 56:661–674, 2012). DPMs provide the missing link between development and evolution by revealing how genes acting in concert with physics can generate and transform morphology in a heritable fashion. (shrink)

In his article ‘The case against ethics review in the social sciences’, Schrag asserts that the social sciences should not be subject to ethical review. He recounts a number of examples where ethical review has seemingly failed. He further suggests some alternative models for dealing with ethical review in the social sciences. Finally, he concludes, and we concur, that there is a lack of empirical evidence as to the benefit of research ethics review.

This paper will explore the relationship between Mezirow's concept of reflexivity and Bourdieu's theory of habitus in order to develop a more robust framework within which critical reflection can take place. Nurse educators have sought to close the theory practice gap through the use of critical reflection. However, we are not convinced that this has produced the depth and quality of reflection required. Furthermore, the contexts in which critical reflection takes place is often sidelined or erased so that the whole (...) impetus in the literature is to educate nurses in reflection rather than empower nurses to understand the complex circumstances and barriers that obstruct critical reflection. This paper argues that the reason for this position is that nurse education does not always acknowledge the role that personal and cultural values systems have on reflective practices. The literature search was undertaken using CINHAL and MEDLINE. Keywords included: values systems, habitus, and critical reflection. Inclusion criteria were determined by the theoretical approach and included seminal texts, from as far back as 1956, to identify key themes. Although critical reflection is a potentially powerful way of enhancing care it has often failed to do so. It is suggested that this is because nurse educators have frequently used models of reflection without considering the impact that student's personal values systems has on their perceptions of care and subsequently care delivery. The purpose of this paper is to promote deeper levels of reflection and is part of a programme of research aimed at developing a more robust approach to reflection in educational practice. (shrink)

Newborn screening is the programme through which newborn babies are screened for a variety of conditions shortly after birth. Programmes such as this are individually oriented but resemble traditional public health programmes because they are targeted at large groups of the population and they are offered as preventive interventions to a population considered healthy. As such, an ethical tension exists between the goals of promoting the high uptake of supposedly ‘effective’ population-oriented programmes and the goal of promoting genuinely informed decision-making. (...) There is, however, a lack of understanding with regard to how parents experience the tension between promoting uptake and facilitating informed choice. This paper addresses this issue, and data are presented to show how aspects of the timing, presentation of information and procedural routinisation of newborn screening serves to impact on the decisions made by parents. (shrink)

Proposed changes to the Common Rule are proffered to save almost 7,000 reviews annually and consequently vast amounts of investigator and IRB-member time. However, the proposed changes have been subject to criticism. While some have lauded the changes as being imperfect, but nevertheless as improvements, others have contended that ‘neither the scientific community nor the public can be confident that improved practices will emerge from the regulatory changes mandated by the NPRM.’ In the present article, I discuss an important aspect (...) that has been overlooked: the question of whether benefits will emerge is demonstrably empirical, yet data upon which to draw conclusions are conspicuous by their absence. This is thrown into sharp relief when we consider the current environment in which health research is increasingly focused on providing evidence of need or benefit, where there is greater emphasis on evidence-based practice, and when we have the nascent field of implementation science. (shrink)

Foundations -- The normal and the pathological -- Philosophy of biology -- Physiology and the reflex -- Regulation and psychology -- Evolution and monstrosity -- Philosophy of history -- Writings on medicine -- Legacies.

During vertebrate limb development, various genes of the Hox family, the products of which influence skeletal element identity, are expressed in specific spatiotemporal patterns in the limb bud mesenchyme. At the same time, the cells also exhibit ‘self‐organizing’ behavior – interacting with each other via extracellular matrix and cell‐cell adhesive molecules to form the arrays of mesenchymal condensations that lead to the cartilaginous skeletal primordia. A recent study by Yokouchi et al.(1) establishes a connection between these phenomena. They misexpressed the (...) product of the Hoxa‐13 gene in chick limb buds and demonstrated both skeletal pattern perturbations and changes in cell‐cell adhesivity in mesenchyme aberrantly expressing this protein. (shrink)

The UK has a long established programme of newborn bloodspot screening. This operates under a model of informed choice. Understanding is central to the `informed’ element of an informed choice yet it is rarely assessed. To date most research within the context of newborn bloodspot screening has focussed on parental recall of information. In this paper I argue that simplistic assessments of knowledge through recall fail to reflect more complex notions of understanding. In support of this contention I draw on (...) qualitative interviews with parents of children who have undergone newborn bloodspot screening. (shrink)

Randomized controlled trial trial designs exist on an explanatory-pragmatic spectrum, depending on the degree to which a study aims to address a question of efficacy or effectiveness. As conceptualized by Schwartz and Lellouch in 1967, an explanatory approach to trial design emphasizes hypothesis testing about the mechanisms of action of treatments under ideal conditions, whereas a pragmatic approach emphasizes testing effectiveness of two or more available treatments in real-world conditions. Interest in, and the number of, pragmatic trials has grown substantially (...) in recent years, with increased recognition by funders and stakeholders worldwide of the need for credible evidence to inform clinical decision-making. This increase has been accompanied by the onset of learning healthcare systems, as well as an increasing focus on patient-oriented research. However, pragmatic trials have ethical challenges that have not yet been identified or adequately characterized. The present study aims to explore the views of key stakeholders with respect to ethical issues raised by the design and conduct of pragmatic trials. It is embedded within a large, four-year project that seeks to develop guidance for the ethical design and conduct of pragmatic trials. As a first step, this study will address important gaps in the current empirical literature with respect to identifying a comprehensive range of ethical issues arising from the design and conduct of pragmatic trials. By opening up a broad range of topics for consideration within our parallel ethical analysis, we will extend the current debate, which has largely emphasized issues of consent, to the range of ethical considerations that may flow from specific design choices. Semi-structured interviews with key stakeholders, across multiple jurisdictions, identified based on their known experience and/or expertise with pragmatic trials. We expect that the study outputs will be of interest to a wide range of knowledge users including trialists, ethicists, research ethics committees, journal editors, regulators, healthcare policymakers, research funders and patient groups. All publications will adhere to the Tri-Agency Open Access Policy on Publications. (shrink)

This book intends to establish, against his numerous modern critics, that the ancient philosopher Parmenides was a mystic. Instead of arriving at his conclusions by cold reason, Parmenides found the unity of Being, which he called “the Truth,” by turning to a life of meditation.

When two populations of cells within a tissue mass differ from one another in magnitude or type of intercellular adhesions, a boundary can form within the tissue, across which cells will fail to mix. This phenomenon may occur regardless of the identity of the molecules that mediate cell adhesion. If, in addition, a choice between the two adhesive states is regulated by a molecule the concentration of which is periodic in space, or in time, then alternating bands of non‐mixing tissue, (...) or segments, can form. But temporal or spatial periodicities in concentration will tend to arise for any molecule that is positively autoregu‐latory. It is therefore proposed that segmentation is a ‘generic’ property of metazoan organisms, and that metamerism would be expected to have emerged numerous times during evolution. A simple model of segmentation, based solely on differential adhesion and periodic regulation of adhesion, can account for segment properties as disparate as those seen in long and short germ band insects, and for diverse experimental results on boundary regeneration in the chick hind brain and the insect cuticle. It is suggested that the complex, multicom‐ponent segment‐forming systems found in contemporary organisms (e.g., Drosophila) are the products of evolutionary recruitment of molecular cues such as homeobox gene products, that increase the reliability and stability of metameric patterns originally templated by generic self‐organizing properties of tissues. (shrink)

This essay reads J.M. Coetzee’s novel, Diary of a Bad Year, as an occasion to problematize contemporary bioethical paradigms. Coetzee’s rhetorical strategies are analyzed to better understand the “scene of address” within which ethical claims can be voiced. Drawing on Foucault’s Socratic understanding of ethics as the self’s relation to itself, self-relation is explored through the rhetorical figure of catachresis. The essay ultimately argues that the ethical voice emerges when the terms—terms by which I relate to myself, to others, to (...) my own body, and to the bodies of others—are themselves subject to catachrestic refiguration. (shrink)

Since the end of the Cold War, the scope and study of diplomacy has expanded. In the modern diplomatic environment, novel terms such as pipeline diplomacy, coercive diplomacy, diplomacy by sanction and citizen diplomacy are common, alongside the more traditional view of diplomacy as state-to-state activity, monopolized by professional, official diplomats. With such a broad range of views, the scholar can become confused as to what actually constitutes modern diplomacy? In this article, it is argued that the disparity of views (...) in the diplomacy studies field must be classified and consolidated before the enhanced role of diplomacy in the twenty-first century can be better understood. In this article, three different classifications or schools of diplomatic thought are introduced and constructed: the Traditional School, the Nascent School, and the Innovative School. (shrink)

The central aim of this thesis is to deconstruct and reconstruct the dominant theoretical perceptions of diplomacy, by reworking radically existing theories of diplomacy. This thesis achieves reconceptualisation of diplomatic theory by critiquing the thoughts and ideas of theorists postulating on modern diplomacy. Consequently, this thesis is concerned (largely) with the theoretical terrain of diplomacy studies. The purpose of this intended deconstruction and reconstruction is to introduce and construct three lucid types of diplomatic theory. These three types or categories introduced (...) in this thesis are Traditional, Nascent and Innovative Diplomatic Theory. By categorising these three distinct types of theories, it is hoped that the diplomatic scholar will have a choice of lenses through which to interpret the complexities of the modern diplomatic environment. Ultimately, this thesis aims to strengthen Traditional Diplomatic Theory (TDT) and introduce/construct two alternate forms of diplomatic theory, Nascent Diplomatic Theory (NDT) and Innovative Diplomatic Theory (IDT). (shrink)

Abstract: In this paper it is proposed that the traditional view of diplomacy is an archaic vision of the ‘engine room of international relations.’ This rhetoric, it is argued, is parochial and does not match the realities of the modern, twenty-first century diplomatic environment where plural, peaceful and polylateral networks of diplomacy are thriving. In the modern diplomatic environment, the activity of diplomacy should be viewed as the business of multi-actor peace, not only as the handmaiden of the occasionally belligerent (...) state. New, radical and innovative views on diplomacy are flooding the diplomacy studies field. This paper will summarise these views into three distinct Schools of diplomatic thought - Traditional, Nascent and Innovative - which allude to this positive growth in scholarship. This paper will argue - centrally - that an enhanced understanding of diplomacy is the best chance society has to replace the norm of conflict with that of stability and peace achieved through diplomatic functions. (shrink)

Legal scholarship emphasizes generalizing across places, time periods, and sources of law. Microcomputers can facilitate well-organized information retrieval systems, inductive statistical analysis, and prescriptive analysis working with goals to be achieved and available alternatives. Super-optimizing can help resolve legal disputes, dilemmas, and policy controversies whereby all sides, viewpoints, and ideological positions can come out ahead of their best initial expectations simultaneously. This book discusses these three important subjects by generating relevant principles based on developmental law, legal policy analysis, law teaching, (...) and the judicial process. (shrink)

Decision‐aiding software is probably the most important technological innovation from the perspective of lawyer decision‐making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit‐cost analysis, multi‐criteria decision analysis, spreadsheet software, and especially super‐optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision‐aiding software can also be helpful to (...) lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign. (shrink)

This book is concerned with, and makes an important contribution to, answering the central question of evolutionary theory: By what mechanisms and processes do organisms undergo transformative change? Animals or plants may undergo alterations in morphology or activity during their lifetimes, but only if such alterations are conveyed to the next generation can they contribute to the establishment of new forms. Heritability by itself is not decisive: offspring can differ from their parents at a variety of genetic loci without this (...) constituting evolutionary change, notwithstanding the fact that on theoretical grounds the standard model, stemming from the Modern Synthesis, asserts that any such variation represents incipient evolution (i.e., evolution is change in allele frequency). Clearly, some gene changes make more of an evolutionary difference than others. By placing phenotype at center stage and treating genotypes not in terms of their selective advantage, but rather with respect to the changes they exert on the phenotype, the author subtly but significantly reorients the explanatory terrain of evolutionary theory. (shrink)

In the 1960’s and 1970’s there was a brief flourishing of practical and group phenomenological work, spurred by a renewed intention towards the things themselves. Despite a growing turn to phenomenology across the Humanities since the 1990’s, there is still much more written about phenomenology than phenomenology performed. This essay sketches a brief history of group phenomenological methods which have sought to remedy this situation and outlines a project nearing completion at the Department of Performance Studies at the University of (...) Sydney, Australia, using a small group of trained phenomenological researchers to study the phenomenon of being in audiences. (shrink)

The concept of cheating is ubiquitous in ourmoral lives: It occurs in contexts as varied asbusiness, sports, taxpaying, education,marriage, politics, and the practice of law. Yet despite its seeming importance, it is aconcept that has been almost completely ignoredby moral theorists, usually regarded either asa morally neutral synonym for non-cooperativebehavior, or as a generalized, unreflectiveterm of moral disapprobation. This articleoffers a ``normative reconstruction'''' of theconcept of cheating by showing both whatvarious cases of cheating have in common, andhow cheating is related (...) to, and differs from,other morally wrongful acts, such as stealing,promise-breaking, deceiving, disobedience, anddisloyalty. A paradigmatic account of cheating is developed that entails two elements: First, the cheater must violate a prescriptive (rather thandescriptive), mandatory (rather than optional),regulative (rather than practice-defining), andconduct-governing (as opposed todecision-governing) rule. Second, the rulemust be fair and enforced even-handedly, andmust be violated with an intent to obtain anadvantage over some party with whom therule-breaker is in a cooperative, rule-governedrelationship. Along the way is a discussion ofpuzzling cases of ``judicial cheating,''''``strategic cheating,'''' cheating because``everyone else is doing it,'''' ``cheatingoneself,'''' ``altruistic cheating,'''' and ``ulteriormotive cheating.'''' The article then applies thecheating paradigm in the context of whitecollar criminal law, arguing that the conceptof cheating provides a better framework forexplaining the ``moral wrongfulness'''' thatunderlies and helps to define offenses such astax evasion and insider trading. (shrink)

Newborn bloodspot screening programs are some of the longest running population screening programs internationally. Debate continues regarding the need for parents to give consent to having their child screened. Little attention has been paid to how meanings of consent-related terminology vary among stakeholders and the implications of this for practice. We undertook semi-structured interviews with parents, healthcare professionals and policy decision makers in two Canadian provinces. Conceptions of consent-related terms revolved around seven factors within two broad domains, decision-making and information (...) attainment. Decision-making comprised: parent decision authority; voluntariness; parent engagement with decision-making; and the process of enacting choice. Information ascertainment comprised: professional responsibilities ; parent responsibilities; and the need for discussion and understanding prior to a decision. Our findings indicate that consent-related terms are variously understood, with substantive implications for practice. We suggest that consent procedures should be explained descriptively, regardless of approach, so there are clear indications of what is expected of parents and healthcare professionals. Support systems are required both to meet the educational needs of parents and families and to support healthcare professionals in delivering information in a manner in keeping with parent needs. (shrink)

The principle behind anthropomorphic robots is that the appearance and behaviours enable the pre-defined social skills that people use with each other each day to be used as a means of interaction. One of the problems with this approach is that there are many attributes of such a robot which can influence a user’s behaviour, potentially causing undesirable effects. This paper aims to identify and discuss a series of the most salient behaviour influencing factors in the literature, related to a (...) number of robot attributes. A particularly novel aspect of this work is the study of robots as monitoring or data collection devices, one of several behaviour influencing factors which has received insufficient attention. As a first step towards this, the PSA matrix is produced, which visualises the relationships between system attributes and user perceptions, grounded in empirical evidence in the literature. This matrix highlights gaps in the literature, brings together a series of salient behaviour influencing factors for the first time and gives a clear view of the state of the art. (shrink)

From antiquity to the present the ability of clinicians to assure confidentiality has been a cornerstone of practice. Though the expectations and emphases of the various ethical codes and laws concerning confidentiality have evolved over time, it has always been the practitioner’s responsibility to observe them. The use of computers for the generation and storing of individual medical records is a significant change from our current paper-based records. That change makes the security of records a technological problem generally outside the (...) realm of physician knowledge or control. Researchers and vendors first began developing electronic health records (EHRs) in the late 1960s to 1980s. “Peripherals” were .. (shrink)