El presente trabajo estudió la relación entre el derecho a la identidad en toda su esfera y la prohibición del anonimato de donantes de gametos en la aplicación de técnicas de reproducción humana asistida. La metodología se desarrolló desde un enfoque cualitativo, se utilizaron los métodos inductivo-deductivo, dogmático, histórico-lógico, comparativo y analítico-sintético, la técnica aplicada fue la revisión bibliográfica de ley, doctrina y jurisprudencia. Como conclusión se estableció la vulneración de derechos al inexistir una ley que regule el anonimato de (...) donantes. Adicionalmente se sugiere que, el Estado ecuatoriano cuente con una normativa completa, rígida y sobre todo garantista de los derechos de los intervinientes en las técnicas de reproducción humana asistida, de manera especial a las personas nacidas a través de gametos donados. (shrink)

Evidence in medicine can come from more or less trustworthy sources and be produced by more or less reliable methods, and its interpretation can be disputed. As such, it can be unclear when disagreements in medicine result from different, but reasonable, interpretations of the available evidence and when they result from unreasonable refusals to consider legitimate evidence. In this article, we seek to show how assessments of the relevance and implications of evidence are typically affected by factors beyond that evidence (...) itself, such as our beliefs about the credibility of the speaker or source of the evidence. In evaluating evidence, there is thus a need for reflective awareness about why we accept or dismiss particular claims. (shrink)

While Sarah Hoagland's conception of a lesbian ethic offers a promising route toward articulating an ethics of resistance, her notion of self in community does not provide a conception of "subject" capable of both embracing political action as fundamental to personal life and explicitly recognizing cultural, ethnic, and sexual multiplicity as central to ethical decision-making. Such a notion can be found, however, in the remarks of later Wittgenstein concerning the "language games" of describing.

In our target article, we took the position that tenure conveys many important benefits but that its original justification – fostering academic freedom – is not one of them. Here we respond to various criticisms of our study as well as to proposals to remedy the current state of affairs. Undoubtedly, more research is needed to confirm and extend our findings, but the most reasonable conclusion remains the one we offered – that the original rationale for tenure is poorly served (...) by the current system as practiced at top-ranked colleges and universities. (Published Online February 8 2007). (shrink)

Tolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents. Dislike, disapproval, and regulation lurk at the heart of tolerance. To tolerate is not to (...) affirm but to conditionally allow what is unwanted or deviant. And, although presented as an alternative to violence, tolerance can play a part in justifying violence--dramatically so in the war in Iraq and the War on Terror. Wielded, especially since 9/11, as a way of distinguishing a civilized West from a barbaric Islam, tolerance is paradoxically underwriting Western imperialism. Brown's analysis of the history and contemporary life of tolerance reveals it in a startlingly unfamiliar guise. Heavy with norms and consolidating the dominance of the powerful, tolerance sustains the abjection of the tolerated and equates the intolerant with the barbaric. Examining the operation of tolerance in contexts as different as the War on Terror, campaigns for gay rights, and the Los Angeles Museum of Tolerance, Brown traces the operation of tolerance in contemporary struggles over identity, citizenship, and civilization. (shrink)

To study Earth’s climate, scientists now use a variety of computer simulation models. These models disagree in some of their assumptions about the climate system, yet they are used together as complementary resources for investigating future climatic change. This paper examines and defends this use of incompatible models. I argue that climate model pluralism results both from uncertainty concerning how to best represent the climate system and from difficulties faced in evaluating the relative merits of complex models. I describe how (...) incompatible climate models are used together in ‘multi-model ensembles’ and explain why this practice is reasonable, given scientists’ inability to identify a ‘best’ model for predicting future climate. Finally, I characterize climate model pluralism as involving both an ontic competitive pluralism and a pragmatic integrative pluralism. (shrink)

Autoethnographers have grappled with how to represent others in the stories they tell. However, very few have written about the need to protect themselves in the process of doing autoethnographic writing. In this paper, I explore the ethical challenges faced when writing about a potentially-ongoing disorder, such as anorexia, when the research process triggers previously disengaged unhealthy thinking or behaviors for those involved. In the story-writing process, I felt a strong pull to go back into anorexia, as I immersed myself (...) in my research on this topic. The compulsion to publish became intertwined with the compulsion of my anorexia, illustrated by the need to control both and present a certain "face" as a researcher. Using a meta-autoethnographic format, I walk the reader through the choices I made in an attempt to protect myself as a researcher in the process of publishing an autoethnography about anorexia. I also explain the lessons I learned, which can be applied to persons doing autoethnographies on topics that may affect their own personal well-being. This paper reveals the importance of writing through our pain in an ethical fashion and that the ethics of doing autoethnography is not just about protecting those implicated in our stories, but also ourselves. (shrink)

Clinicians and policy makers the world over are embracing evidence-based medicine. The promise of EBM is to use summaries of research evidence to determine which healthcare interventions are effective and which are not, so that patients may benefit from effective interventions and be protected from useless or harmful ones. EBM provides an ostensibly rational and objective means of deciding whether or not an intervention should be provided on the basis of its effectiveness, in theory leading to fair and effective healthcare (...) for all. In this paper I closely examine these claims from the perspective of healthcare for women, using relevant examples. I argue that the current processes of evidence-based medicine contain a number of biases against women. These biases occur in the production of the research that informs evidence-based medicine, in the methods used to analyse and synthesise the evidence, and in the application of EBM through the use of guidelines. Finally, the biomedical model of health that underpins most of the medical research used by EBM ignores the social and political context which contributes so much to the ill-health of women. (shrink)

Current conceptions of human language include a gestural component in the communicative event. However, determining how the linguistic and gestural signals are distinguished, how each is structured, and how they interact still poses a challenge for the construction of a comprehensive model of language. This study attempts to advance our understanding of these issues with evidence from sign language. The study adopts McNeill's criteria for distinguishing gestures from the linguistically organized signal, and provides a brief description of the linguistic organization (...) of sign languages. Focusing on the subcategory of iconic gestures, the paper shows that signers create iconic gestures with the mouth, an articulator that acts symbiotically with the hands to complement the linguistic description of objects and events. A new distinction between the mimetic replica and the iconic symbol accounts for the nature and distribution of iconic mouth gestures and distinguishes them from mimetic uses of the mouth. Symbiotic symbolization by hand and mouth is a salient feature of human language, regardless of whether the primary linguistic modality is oral or manual. Speakers gesture with their hands, and signers gesture with their mouths. (shrink)

Wendy Donner contends here that recent commentators on John Stuart Mill's thought have focused on his notions of right and obligation and have not paid as much attention to his notion of the good. Mill, she maintains, rejects the quantitative hedonism of Bentham's philosophy in favor of an expanded qualitative version. In this book she provides an account of his complex views of the good and the ways in which these views unify his moral and political thought.

Concern for human vulnerability seems to be at the heart of bioethical inquiry, but the concept of vulnerability is under-theorized in the bioethical literature. The aim of this article is to show why bioethics needs an adequately theorized and nuanced conception of vulnerability. We first review approaches to vulnerability in research ethics and public health ethics, and show that the bioethical literature associates vulnerability with risk of harm and exploitation, and limited capacity for autonomy. We identify some of the challenges (...) emerging from this literature: in particular, how to reconcile universal human vulnerability with a context-sensitive analysis of specific kinds and sources of vulnerability; and how to reconcile obligations to protect vulnerable persons with obligations to respect autonomy. We then briefly survey some of the theoretical resources available within the philosophical literature to address these challenges, and to assist in understanding the conceptual connections between vulnerability and related concepts such as harm, exploitation, needs, and autonomy. We also sketch out a taxonomy of sources and kinds of vulnerability. Finally, we consider the implications for policy evaluation of making vulnerability an explicit and central focus of bioethics. Our investigation is in the form of a broad survey motivating a research agenda rather than a detailed analysis. (shrink)

According to an adequacy-for-purpose view, models should be assessed with respect to their adequacy or fitness for particular purposes. Such a view has been advocated by scientists and philosophers...

This article explores some of the roles of computer simulation in measurement. A model-based view of measurement is adopted and three types of measurement—direct, derived, and complex—are distinguished. It is argued that while computer simulations on their own are not measurement processes, in principle they can be embedded in direct, derived, and complex measurement practices in such a way that simulation results constitute measurement outcomes. Atmospheric data assimilation is then considered as a case study. This practice, which involves combining information (...) from conventional observations and simulation-based forecasts, is characterized as a complex measuring practice that is still under development. The case study reveals challenges that are likely to resurface in other measuring practices that embed computer simulation. It is also noted that some practices that embed simulation are difficult to classify; they suggest a fuzzy boundary between measurement and non-measurement. 1 Introduction2 A Contemporary View of Measurement3 Three Types of Measurement4 Can Computer Simulations Measure Real-World Target Systems?5 Case Study: Atmospheric Data Assimilation5.1 Why data assimilation?5.2 A complex measuring practice under development5.3 Epistemic iteration6 The Boundaries of Measurement7 Epistemology, Not Terminology. (shrink)

The error in Kingsley's attack on special relativity is shown to arise from his failure to actually use the Lorentz transformation. He has instead applied a fallacious symmetry argument to justify the use of time dilation in a situation for which this special case formula is not valid.

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257, that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be (...) fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act, establishing the New York City Health and Hospitals Corporation as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc., a private, for-profit entity. (shrink)

There are many ethical issues arising for practitioners in what are termed the boundaries of professional helping relationships. In this article, the authors argue that the boundary metaphor is not sufficient for conceptualizing these ethical issues and propose that alternative metaphors be considered. The use of a different metaphor might allow practitioners to re-vision the relationship issues in a more realistic, richer, and holistic way. Those explored here include highway, bridge, and territory. For the authors, it is territory that seems (...) to hold the greatest promise. (shrink)

Taking its cue from sign languages, this paper pulls together a range of studies to support the proposal that the recruitment and composition of body actions counts as evidence for linguistic properties. Adopting the view that compositionality is the foundational organizing property of language, we find first that actions of the hands, face, head, and torso in sign languages directly reflect linguistic components, as well as certain aspects of compositional organization among them that are common to all languages, signed and (...) spoken. Work on emerging sign languages strengthens the approach by showing that the gradual recruitment of bodily articulators for linguistic functions directly maps the way in which a new language increases in complexity over time. While compositional communication is almost exclusively restricted to humans, it is not restricted to language. In the spontaneous, intense emotional displays of athletes, different emotional states are correlated with actions of particular face and body features and feature groupings, indicating a much more ancient compositional foundation for language. (shrink)

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether (...) one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

DIVA reader aimed at revitalizing left legal and political critique./div.

Can computer simulation results be evidence for hypotheses about real-world systems and phenomena? If so, what sort of evidence? Can we gain genuinely new knowledge of the world via simulation? I argue that evidence from computer simulation is aptly characterized as higher-order evidence: it is evidence that other evidence regarding a hypothesis about the world has been collected. Insofar as particular epistemic agents do not have this other evidence, it is possible that they will gain genuinely new knowledge of the (...) world via simulation. I illustrate with examples inspired by uses of simulation in meteorology and astrophysics. (shrink)

On the 24th June 2015, Feminist Legal Studies and the London School of Economics Law Department hosted an afternoon event with Professor Wendy Brown, Class of 1936 First Professor of Political Science, University of California. Professor Brown kindly agreed to discuss her scholarship on feminist theory, and its relationship to both the law and neoliberalism. The event included an interview by Dr Katie Cruz and a Q&A session, which are presented here in an edited version of the transcript. Sumi (...) Madhock, Professor of Gender Studies, LSE chaired the interview and discussion and introduced Professor Brown’s work. Katie Cruz asked Wendy Brown to reflect upon topics that span her scholarship and activism, including the state of critical, feminist, and Left approaches to rights, neoliberalism, despair and utopianism, and the future of feminist theory and practice in the context of neoliberalism and current debates about intersectionality. Participants in the discussion asked questions on a wide range of issues, including the limits of feminist engagement with law as a tool for social change, the dominance of neoliberalism, imperialist feminism, Islamophobia, secularism, and our attachment to the figure of homo politicus. (shrink)

This article identifies conditions under which robust predictive modeling results have special epistemic significance---related to truth, confidence, and security---and considers whether those conditions hold in the context of present-day climate modeling. The findings are disappointing. When today’s climate models agree that an interesting hypothesis about future climate change is true, it cannot be inferred---via the arguments considered here anyway---that the hypothesis is likely to be true or that scientists’ confidence in the hypothesis should be significantly increased or that a claim (...) to have evidence for the hypothesis is now more secure. (shrink)

What is it that permits us to see others as 'evil'? This book argues that it's our epistemological framework, which also resituates our own moral compass and reframes our moral world such that we can justify performing violent deeds, which we would readily demonize in others, as the heroics of eradicating evil. When conflict is understood positively as the confrontation of differences, an unavoidable and indeed desirable consequence of the rich tapestry of earthly life, then a discussion can open as (...) to how to navigate the countless confrontations of difference in the most skillful way. Through this lens, violence comes into view as the least skillful means of responding to, and working with, difference, since violence tends to 'rebound' and leaves both victims and perpetrators worse off—shameful and vengeful. Philosopher Wendy C. Hamblet argues that the radically polarized and oversimplified worldview that sorts the phenomena of the world into 'good guys' and 'evil others' is a framework as old as human community itself, and one that undermines people's own moral infrastructure, permitting them to take up the very acts that they would readily demonize as 'evil' in others. One's own violent responses to the human condition come to be reframed from unskillful and undesirable actions to valiant heroic reactions. In short, those who see 'evil' in others are far more likely to do 'evil,' resorting to the least skillful means for navigating difference—violence. In theory, violence is demonized as 'evil' in popular and criminological discourse and calls forth 'rebounding' like responses in the form of acts of vengeance in individuals and punitive responses in state institutions. However, punishment is itself defined as an 'evil' inflicted by a legitimate authority upon a wrongdoer in compensation for a wrong done. This leads to the conundrum that the state, as much as the vigilante, must necessarily undermine its own legitimacy by taking up the very acts that it deems as evil in its enemies and punishes in its deviant citizens. By reframing conflict positively, Hamblet introduces a new way of thinking about difference that allows the reader to appreciate (rather than tolerate) difference as a desirable feature of a multicultural, multi-religioned, multi-gendered world. This resituates the discussion of conflict such that conflict response styles can be viewed as more and less skillful means of navigating impasses in a world of differences. (shrink)

The increased competition for a share of the market of insured patients, which arose in the wake of failed comprehensive health care reform, has provoked questions about what, if any, standards will govern new “competitive” health care organizations. Managed care arrangements, which typically shift to providers and patients some or all of the financial risk for patient care, are of special concern because they can create incentives to withhold beneficial care from patients. Of course, fee-for-service medical practice creates incentives to (...) provide unnecessary services, and managed care can avoid that type of harm. Still, as Edmund Pellegrino has noted, “managed care, by its nature, places the good of the patient into conflict with … the good of all the other patients served by the plan; the good of the plan and the organization, themselves…; and the self-interest of the physician. (shrink)

Critical Conversations in Philosophy of Education presents a series of conversations expressing many of the multiple voices that currently constitute the field of philosophy of education. Philosophy of education as a discipline has undergone several turns--the once marginal perspectives of the various feminisms, critical Marxism, and poststructuralist, postmodernist and cultural theory have gained ground alongside those of Anglo-analytic and pragmatic thought. Just as western philosophers in general are coming to terms with the "end of philosophy" pronouncement implicit in postmodernism, so (...) too are philosophers of education faced with similar challenges--challenges to long-held moral, political, aesthetic and epistemological commitments. The contributors take up these challenges through a dialogical structure, expressing differing positions without engaging in destructive critique. There is no intention to come to consensus; rather the point is to expand the number and kind of participating voices in the conversation and engage in a lively intellectual exchange that will insure the vitality of educational theorizing. (shrink)

In this article we examine the role and ethics of communications in planning for an influenza pandemic. We argue that ethical communication must not only he effective, so that pandemic plans can be successfully implemented, communications should also take specific account of the needs of the disadvantaged, so that they are not further disenfranchised. This will require particular attention to the role of the mainstream media which may disadvantage the vulnerable through misrepresentation and exclusion.

Increasingly there are calls for climate services to be “co-produced” with users, taking into account not only the basic information needs of users but also their value systems and decision contexts. What does this mean in practice? One way that user values can be incorporated into climate services is in the management of inductive risk. This involves understanding which errors in climate service products would have particularly negative consequences from the users’ perspective (e.g., underestimating rather than overestimating the change in (...) an impact variable) and then prioritizing the avoidance of those errors. This essay shows how inductive risk could be managed in climate services in ways that serve user values and argues that there are both ethical and practical reasons in favor of doing so. (shrink)

I argue that Mill's view of individuality also plays an important role in promoting social pluralism and respect for difference. Firstly, I argue that in Mill's theory individuality is not merely an individual good but also a social good. Secondly, I argue that by expressing his appreciation of diversity, Mill's liberalism goes beyond tolerating difference and pluralism. His position is that pluralism should be appreciated rather than merely tolerated. Mill's appreciation of difference resonates with Iris Marion Young's ideal of the (...) unoppressive city. However the structure of Mill's theory does place limits on the exercise of individual liberty. These limits are set down by the Liberty Principle in the essay On Liberty. I look at some cases. First, I examine the tensions between individuality and autonomy as they bump up against the needs of human connection. Second, I look at moral progress, for example the recognition of same‐sex marriage. (shrink)