It is often challenging for mental health‐care providers and health organizations to perform their various roles and to meet their varied obligations. In complex mental health‐care circumstances the concurrent application of relevant ethical principles and values often leads to the emergence of completing obligations that need to be carefully weighed and balanced in the making of care‐related decisions. Although some clinical circumstances, such as those potentially triggering the duty to warn, are adequately guided by existing rules based on legal precedents, (...) there is a gap in decision‐making support in other mental health‐care domains. This article proposes that a set of targeted, decision‐making approaches be developed to assist in the handling of specific, challenging circumstances. By way of illustration, two novel approaches are introduced; that is, choosing to work within a moral relational space of optimal therapeutic engagement (at the micro level of clinical practice), and the use of a health policy development approach that instantiates deliberative engagement (at the meso and macro levels of health organization). (shrink)

Individual and institutional conflict of interests in biomedical research have becomes matters of increasing concern in recent years. In the United States, the growth in relationships — sponsored research agreements, consultancies, memberships on boards, licensing agreements, and equity ownership — between for-profit corporations and research universities and their scientists has made the problem of conflicts, particularly financial conflicts, more acute. Conflicts can interfere with or compromise important principles and obligations of researchers and their institutions, e.g., adherence to accepted research norms, (...) duty of care to patients, and open exchange of information. Disclosure is a key component of a successful conflict policy. Commitments which conflict with a faculty member's primary obligations to teaching, research, administrative responsibilities, or patient care also need attention. Institutional conflict of interests present different problems, some of which are discussed in an analysis of an actual problem posed by two proposed clinical trials. (shrink)

Solving complex socio-technical problems, this paper claims, involves diverse knowledges (cognitive diversity), competing interests (social diversity), and pragmatism. To explain this view, this paper first explores two different cases: Canadian pulp and paper mill pollution and siting nuclear reactors in seismically sensitive areas of California. Solving such socio-technically complex problems involves cognitive diversity as well as social diversity and pragmatism. Cognitive diversity requires one to not only recognize relevant knowledges but also to assess their validity. Finally, it is suggested, (...) integrating the resultant set of diverse relevant and valid knowledges determines the parameters of the solution space for the problem. (shrink)

Women are still underrepresented in engineering courses although some German universities offer separate women’s engineering courses which include virtual STEM learning environments. To outline information about fundamental aspects relevant for virtual STEM learning, one has to reveal which similarities both genders in virtual learning show. Moreover, the question arises as to whether there are in fact differences in the virtual science learning of female and male learners. Working with virtual STEM learning environments requires strategic and arithmetic-operative competences. Even if we (...) assume that female and male learners have similar competences levels, their correlational pattern of competences, motivational variables, and invested effort during virtual STEM learning might differ. If such gender differences in the correlations between cognitive and motivational variables and learning behavior were revealed, it would be possible to finetune study conditions for female students in a separate engineering course and shape virtual STEM learning in a more gender-appropriate manner. That might support an increase in the number of women in engineering courses. To reveal the differences and similarities between female and male learners, a field study was conducted with 56 students (female = 27, male = 29) as part of the Open MINT Labs project (the German term for Open STEM Labs, OML). The participants had to complete a virtual STEM learning environment during their regular scie... (shrink)

Advances in assisted reproductive technologies can give rise to several ethical challenges. One of these challenges occurs when the reproductive desires of two individuals become incompatible and conflict. To address such conflicts, it is important to unbundle different aspects of (non)parenthood and to recognize the corresponding reproductive rights. This article starts on the premise that the six reproductive rights—the right (not) to be a gestational, genetic, and social parent—are negative rights that do not entail a right to assistance. Since terminating (...) or continuing a pregnancy is a form of assistance, the right (not) to be a gestational parent should enjoy primacy in conflicts. However, while refusing assistance may hinder the reproductive project of another person, “prior assistance” does not entitle someone to violate a reproductive right. Therefore, our analysis provides reasons to argue that someone has a right to unilaterally use cryopreserved embryos or continue the development of an entity in an extracorporeal gestative environment (i.e., ectogestation). Although this could lead to a violation of the right not to be a genetic parent, it does not necessarily entail a violation of the right not to be a social parent. (shrink)

Ethical dilemmas are the result of conflicts between potential benefits or harms for two or more competing interests. Therefore, ethical decision-making implies a responsibility to identify those interests, harms, and benefits. For this purpose, researchers have responsibilities to the research, the subjects of research, other researchers, the institution, society, the environment, and self.

Intense competition can compel lobbyists to exaggerate the benefits the government would see in tax returns and social welfare if agency officials allocate such resources to the lobbyist's members. This incentive to misrepresent grows when information asymmetry exists between lobbyists and government officials. A large body of literature has investigated how interest groups compete and interact, but it disregards the interdependency of interests between competing groups and associated strategic behaviors of other players. Our signaling model of lobbying reveals (...) ways in which agency officials can compel lobbyists for competing interests to lobby truthfully and what the policy implications of this compulsion can be. We also present case-study evidence of how this works in practice. (shrink)

The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with by means (...) of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)

In a parallel truism, everyone alive in the year 2200 AD will be able to trace his or her lineal ancestry to a parental stock in the year 200 AD. This book ...

Entrepreneurship education with a focus on sustainable development primarily teaches students to develop a profit‐driven mentality. As sustainable development is a value‐oriented and normative concept, the role of individual ethical norms and val‐ ues in entrepreneurial processes has been receiving increased attention. Therefore, this study addresses the role of moral competence in the process of idea generation for sustainable development. A mixed method design was developed in which would‐ be entrepreneurs were subjected to a questionnaire (n = 398) and to (...) real‐life deci‐ sion‐making processes in a case assignment (n = 96). The results provide stepping stones for implementing (moral) competencies in entrepreneurship education as a possible avenue to move away from a sole focus on a profit‐driven mentality. (shrink)

The anthropological approach to mental competence is very interesting. I shall reason that the issue of mental competence and the determination best interests in the decision making process has been integrated together in this anthropological approach. I use the relatively recent Mental Capacity Act 2005 (MCA) for England and Wales (Department of Constitutional Affairs 2005) to illustrate this line of reasoning. I have deliberately chosen the phrase decision-making capacity (DMC) in this commentary to separate it from the concept of determination (...) of best interests. I am writing from the perspective of an old-age psychiatrist who frequently has to assess DMC and make decisions on behalf of those who lack .. (shrink)

“Jane” is a mother of two, who was referred for psychotherapy. However, Jane had misgivings about engaging in the offered psychotherapy because of threats made by her domestically violent partner. The therapy sessions are audio recorded for the purpose of professional supervision and clinician reflective practices. Jane’s partner had threatened to subpoena the therapy recordings to legally separate Jane from her children. This article focuses on how three different parts of Jane’s multidisciplinary care exhibit different competing ethical priorities. Psychotherapeutic (...) clinicians private use of audio recordings of the therapy enhances patient care and their own professional development but with the risk of concealing possible unethical behaviour by either party. Medico-legal access to the therapy recordings preserves potentially relevant evidence in the pursuit of justice but risks the interpretation of the psychotherapeutic information outside of the therapeutic context. Policies advocating the inclusion of the therapy recordings in the medical record improves clinician accountability but risks harming the vulnerable patient due to threats to patient-therapist confidentiality. (shrink)

Entrepreneurship education with a focus on sustainable development primarily teaches students to develop a profit-driven mentality. As sustainable development is a value-oriented and normative concept, the role of individual ethical norms and values in entrepreneurial processes has been receiving increased attention. Therefore, this study addresses the role of moral competence in the process of idea generation for sustainable development. A mixed method design was developed in which would-be entrepreneurs were subjected to a questionnaire (n = 398) and to real-life decision-making (...) processes in a case assignment (n = 96). The results provide stepping stones for implementing (moral) competencies in entrepreneurship education as a possible avenue to move away from a sole focus on a profit-driven mentality. (shrink)

We used functional magnetic resonance imaging to examine the interactive effects of perceived competence and task interest on the cognitive and affective responses to negative feedback. Twenty-four undergraduates performed both interesting and uninteresting tasks and received failure feedback. The participants’ perceived competence in the task was manipulated between subjects prior to scanning with bogus feedback. The results showed that negative feedback processing was contingent upon both perceived competence and task interest. The most adaptive coping mechanism, indicated by activation (...) in the cognitive control network and attenuation in the negative affect region, was identified for the high-competence and high-interest combination. When either competence or interest was low, signals in the cognitive control network were weaker. The most detrimental activation patterns were observed for the combination of low-competence and high interest. Our results reveal the combination of task and learner characteristics that best harnesses the potential benefits of negative feedback and illustrate the neuroscientific mechanisms underlying this observation. (shrink)

Simona Giordano (2010) claims that whether or not anorexics should be allowed to die should not primarily depend on their competence, but on the extent of whether the condition can be alleviated. This implies two outcomes. First, that if an anorexic has a reasonable chance of recovery, competent refusal of treatment can be overridden. Second, that if an anorexic has no realistic chance of recovery, patient refusal needs to be upheld—not, exclusively, on the basis of patient’s decision-making competence, but on (...) the basis of their prolonged and unnecessary suffering. Giordano is right, in my view, to suggest that there are good moral grounds to uphold patient wishes to refuse life-saving treatment, when .. (shrink)

Private law and regulation are constantly involved in the evaluation of conflicts of interest, judging some of them salutary, with others requiring adjustment. Focusing on the question of conflicts of interest allows us to clarify our vision of when such adjustment is appropriate and, more specifically, when the law should supply an infrastructure for cooperative behavior. Thus, the prism of conflicts of interest provides a lens through which to view basic legal problems that turn on whether individual (...) actors will be deemed responsible to some joint interest or whether they will be at liberty to pursue their individual interests despite the adverse effects of such activity on others. This article proposes a conflicts of interest perspective for examining contract law and its immediate surroundings. It suggests a map of conflicts of interest along three axes: the remedial axis; the axis of positive duties to avoid conflicts; and the axis of the transition from independence to loyalty. Applying the map to contract doctrine, the article examines a number of contract doctrines including: remedies for breach of contract; modification; conditions; good faith in performance; and formation. The article goes on to apply the map of conflicts to two complex fact situations: corporate acquisitions and corporate bankruptcies. The analysis underscores the fact that conflicts of interest rules do not simply protect existing interests, but also contribute to the very constitution of those interests. Recognizing the constitutive role of legal rules raises questions about our ability to determine interests ex ante and thus calls for a more nuanced approach to gauging the incentive effects of a legal regime. (shrink)

A competence model describes the abstract structure of a solution to some problem. or class of problems, facing the would-be intelligent system. Competence models can be quite derailed, specifying far more than merely the function to be computed. But for all that, they are pitched at some level of abstraction from the details of any particular algorithm or processing strategy which may be said to realize the competence. Indeed, it is the point and virtue of such models to specify some (...) equivalence class of algorithms/processing strategies so that the common properties highlighted by the chosen class may feature in psychologically interesting accounts. A question arises concerning the type of relation a theorist might expect to hold between such a competence model and a psychologically real processing strategy. Classical work in cognitive science expects the actual processing to depend on explicit or tacit knowledge of the competence theory. Connectionist work, for reasons to be explained, represents a departure from this norm. But the precise way in which a connectionist approach may disturb the satisfying classical symmetry of competence and processing has yet to be properly specified. A standard ?Newtonian? connectionist account, due to Paul Smolensky, is discussed and contrasted with a somewhat different ?rogue? account. A standard connectionist understanding has it that a classical competence theory describes an idealized subset of a network's behaviour. But the network's behaviour is not to be explained by its embodying explicit or tacit knowledge of the information laid out in the competence theory. A rogue model, by contrast, posits either two systems, or two aspects of a single system, such that one system does indeed embody the knowledge laid out in the competence theory. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and managers (...) were interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

In this paper I argue that reflection on competence and enfranchisement in relation to profound disability forces re-examination of the grounds of citizenship, with implications for theories of distributive justice in education. The primary purpose is less to point up that some people are disenfranchised without injustice; it is more to advance the view that, since enfranchisement is not an option for some profoundly disabled people, we require a conception of citizenship that is more sensitive to their distinctive needs and (...) interests. (shrink)

The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...) of which need further exploration. (shrink)

ABSTRACTWhile over the last few decades AI research has largely focused on building tools and applications, recent technological developments have prompted a resurgence of interest in building a genuinely intelligent artificial agent – one that has a mind in the same sense that humans and animals do. In this paper, I offer a theoretical and methodological framework for this project of investigating “artificial minded intelligence” that can help to unify existing approaches and provide new avenues for research. I first (...) outline three desiderata that a framework for AMI research should satisfy. In Section 1, I further motivate the desiderata as well as the need for a new framework. Section 2 develops a general methodological approach, the “generative methodology,” and Section 3 develops a version of this methodology, the “Competence Framework for AI research”. (shrink)

The present study aims at analyzing the role of nativeness, the amount of input in L1 acquisition and the multilingual competence in the performance of Italian-German bilingual speakers. We compare novel data from the performance of adult L2 learners (L1: Italian; late L2: German) and that of heritage speakers (heritage language: Italian; majority language: German) to previous data from monolingual speakers of Italian. The comparison deals with the produced word order at the syntax-discourse interface in sentences containing New Information Subjects (...) in answers to questions that prompt the identification of the clausal subject. Overall, adult L2 speakers and heritage speakers perform alike but crucially differently from Italian monolinguals. These data reveal that multilingual proficiency determines an increased variety in the adopted answering strategies; in particular, the German-like strategy is active in Italian. Nativeness alone is thus no guarantee for a homogeneous performance across groups, nor do we find similar patterns of performance in speakers who grew up as monolinguals. Data also show heritage speakers’ sensitivity to verb classes, with answering strategies varying in accordance with the verb argument structure. Participants’ productions reveal an interesting relation in sentences with transitive verbs between subject position (pre-/postverbal) and object form (lexical DP/clitic pronoun). (shrink)

Non-invasive prenatal testing is an emerging form of prenatal genetic testing that provides information about the genetic constitution of a foetus without the risk of pregnancy loss as a direct result of the test procedure. As with other prenatal tests, information from NIPT can help to make a decision about termination of pregnancy, plan contingencies for birth or prepare parents to raise a child with a genetic condition. NIPT can also be used by women and couples to test purely ‘for (...) information’. Here, no particular action is envisaged following the test; it is motivated entirely by an interest in the result. The fact that NIPT can be performed without posing a risk to the pregnancy could give rise to an increase in such requests. In this paper, we examine the ethical aspects of using NIPT ‘purely for information’, including the competing interests of the prospective parents and the future child, and the acceptability of testing for ‘frivolous’ reasons. Drawing on several clinical scenarios, we claim that arguments about testing children for genetic conditions are relevant to this debate. In addition, we raise ethical concerns over the potential for objectification of the child. We conclude that, in most cases, using NIPT to test for adult-onset conditions, carrier status or non-serious traits presenting in childhood would be unacceptable. (shrink)

DNR decisions are frequently made in oncology and hematology care and physicians and nurses may face related ethical dilemmas. Ethics is considered a basic competence in health care and can be understood as a capacity to handle a task that involves an ethical dilemma in an adequate, ethically responsible manner. One model of ethical competence for healthcare staff includes three main aspects: being, doing and knowing, suggesting that ethical competence requires abilities of character, action and knowledge. Ethical competence can be (...) developed through experience, communication and education, and a supportive environment is necessary for maintaining a high ethical competence. The aim of the present study was to investigate how nurses and physicians in oncology and hematology care understand the concept of ethical competence in order to make, or be involved in, DNR decisions and how such skills can be learned and developed. A further aim was to investigate the role of guidelines in relation to the development of ethical competence in DNR decisions. Individual interviews were conducted with fifteen nurses and sixteen physicians. The interviews were analyzed using thematic content analysis. Physicians and nurses in the study reflected on their ethical competence in relation to DNR decisions, on what it should comprise and how it could be developed. The ethical competence described by the respondents related to the concepts being, doing and knowing. In order to make ethically sound DNR decisions in oncology and hematology care, physicians and nurses need to develop appropriate virtues, improve their knowledge of ethical theories and relevant clinical guidelines. Ethical competence also includes the ability to act upon ethical judgements. Continued ethical education and discussions for further development of a common ethical language and a good ethical working climate can improve ethical competence and help nurses and physicians cooperate better with regard to patients in relation to DNR decisions, in their efforts to act in the best interest of the patient. (shrink)

Richard Thaler and Cass Sunstein’s Nudge advances a theory of how designers can improve decision-making in various situations where people have to make choices. We claim that the moral acceptability of nudges hinges in part on whether they can provide an account of the competence required to offer nudges, an account that would serve to warrant our general trust in choice architects. What needs to be considered, on a methodological level, is whether they have clarified the competence required for choice (...) architects to prompt subtly our behaviour toward making choices that are in our best interest from our own perspectives. We argue that, among other features, an account of the competence required to offer nudges would have to clarify why it is reasonable to expect that choice architects can understand the constraints imposed by semantic variance. Semantic variance refers to the diverse perceptions of meaning, tied to differences in identity and context, that influence how users interpret nudges. We conclude by suggesting that choice architects can grasp semantic variance if Thaler and Sunstein’s approach to design is compatible with insights about meaning expressed in science and technology studies and the philosophy of technology. (shrink)

ABSTRACT Jason Brennan’s recent epistemic argument for epistocracy relies on the assumption that voter competence requires knowledge of economics and political science. He conjectures that people who would qualify as competent are mostly white, upper-middle- to upper-class, educated, employed men, who know better how to promote the interests of the disadvantaged than the disadvantaged themselves. My paper, first, shows that this account of voter competence is too narrow and, second, proposes a modified account of this concept. Brennan mistakenly reasons as (...) though it is obvious that socially disadvantaged and oppressed people, by virtue of lacking sufficient knowledge of political science and economics, do not belong on an epistocratic council. This is because there is another way of being competent: possessing first-personal experience and knowledge unique to disadvantaged or oppressed situatedness. Once voter competence is characterized accurately and more holistically, epistocracy’s problematic implications of privileging already dominant genders, races, and classes, which characterize Brennan’s account, no longer arise. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

Richard Thaler and Cass Sunstein’s Nudge advances a theory of how designers can improve decision-making in various situations where people have to make choices. We claim that the moral acceptability of nudges hinges in part on whether they can provide an account of the competence required to offer nudges, an account that would serve to warrant our general trust in choice architects. What needs to be considered, on a methodological level, is whether they have clarified the competence required for choice (...) architects to prompt subtly our behaviour toward making choices that are in our best interest from our own perspectives. We argue that, among other features, an account of the competence required to offer nudges would have to clarify why it is reasonable to expect that choice architects can understand the constraints imposed by semantic variance. Semantic variance refers to the diverse perceptions of meaning, tied to differences in identity and context, that influence how users interpret nudges. We conclude by suggesting that choice architects can grasp semantic variance if Thaler and Sunstein’s approach to design is compatible with insights about meaning expressed in science and technology studies and the philosophy of technology. (shrink)

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should decrease. I test this (...) hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

In this article, we report the findings from a qualitative study that explored how relatives of terminally ill, alert and competent intensive care patients perceived their involvement in the end-of-life decision-making process. Eleven family members of six deceased patients were interviewed. Our findings reveal that relatives narrate about a strong intertwinement with the patient. They experienced the patients’ personal individuality as a fragile achievement. Therefore, they viewed their presence as crucial with their primary role to support and protect the patient, (...) thereby safeguarding his values and interests. However, their inclusion in decision making varied from active participation in the decision-making process to acceptance of the physicians’ decision or just receiving information. We conclude that models of informed shared decision making should be utilised and optimised in intensive care, where nurses and physicians work with both the patient and his or her family and regard the family as partners in the process. (shrink)

I very much enjoyed reading the interesting and original article by Steel and colleagues (2017). But I found myself strongly disagreeing with its conclusion once the real point of the argument became clear to me. At the same time, I believe that the authors are correct to draw attention to the importance of context and inequities in framing discussions of the ethics of voluntary consent in heroin prescription research. I begin with a brief summary of the authors’ conclusion, quoting directly (...) and adding my own emphases, since there are major philosophical points I wish to make that hinge on nuances in wording... (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.

In the past decade, ASEAN has been the primary driver of East Asian regionalism, and Korea has been an active supporter of ASEAN plus Three. Korea has explored the idea of an East Asian Community, and has been relatively open to notions of Asia–Pacific regionalism. The ROK has involved itself comparatively heavily in regional projects as both an initiator and a participant, but its notion of ‘region’ has oscillated between more and less inclusive forms of regionalism. This article examines how (...) competing conceptions of region have influenced Korea's pursuit of regional initiatives. By revisiting historical understandings of Korea's regional identity, we explore the normative bases and material interests which motivate Korean regional initiatives, and assess the impact of its proposals. (shrink)

A necessary component to reproductive autonomy is being trusted to make reproductive decisions. In the case of contraception, however, women are considered both trustworthy and untrustworthy. Women are held responsible for contraception and because responsibility usually stems from trust, it appears that women are trusted with contraception. Yet myriad laws and forms of surveillance and normalization surrounding contraception make women seem untrustworthy. Relying on Amy Mullin’s conception of trust that we trust those who we assume believe in the same social (...) norms we do, I argue that this tension results from two competing social norms. One norm governing contraception is that people should be self-sacrificing, a norm with which most women align due to traditional gender roles. However, there is a norm that women are irrational in general as well as in contraceptive matters and consequently should not be trusted to use contraception. In order to combat both these norms, I make concrete recommendations for increasing knowledge of contraception, normalizing its use, and trusting both women and men with it. (shrink)

In addition to facing the known competitors in the formal economy, entrepreneurs must also be concerned with rivalry emanating from the informal economy. The informal economy is characterized by actions outside the normal scope of commerce, such as unsanctioned payments and gift-giving, as means of influencing competition. Scholars and policy makers alike have an interest in mitigating the impacts of such informal activity in that it might present an obstacle for legitimate commerce. Received theory suggests that country institutions can (...) enable and constrain productive activity, and, in doing so, influence competitive obstacles in a country. Leveraging 13,670 responses from entrepreneurs distributed across 59 countries, we provide evidence that two particular types of enabling institutions, countries’ property rights regulations and cooperative actions, are useful for lowering the obstacles presented by informal activity. We also find evidence that two constraining institutions, economic and financial regulations lead to more obstacles presented by informal activity. We describe implications for entrepreneurs, policy makers, and future researchers stemming from these findings. (shrink)

One hundred years ago, Flexner emphasized the role of science in medical education. With a 21st-century perspective, the question may be posed anew: is science relevant to medical education and practice? If so, then which areas of science are fundamental to learning and making ongoing decisions in medicine? The answers to these questions should determine what is needed in the preparation of an undergraduate student for medical school.Educators and students alike question the relevance of current premedical requirements, and there is (...) concern that these in fact diminish student interest in medical or biomedical research careers. For example, premedical science courses are viewed by many students (including those who .. (shrink)

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should decrease. I test this (...) hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

This paper defends the view that the Faculty of Language is compositional, i.e., that it computes the meaning of complex expressions from the meanings of their immediate constituents and their structure. I fargue that compositionality and other competing constraints on the way in which the Faculty of Language computes the meanings of complex expressions should be understood as hypotheses about innate constraints of the Faculty of Language. I then argue that, unlike compositionality, most of the currently available non-compositional constraints (...) predict incorrect patterns of early linguistic development. This supports the view that the Faculty of Language is com- positional. More generally, this paper presents a way of framing the compositionality debate (by focusing on its implications for language acquisition) that can lead to its even- tual resolution, so it will hopefully also interest theorists who disagree with its main conclusion. (shrink)

This thesis engages with the following three questions. First, how should the presence of risk and ambiguity affect how we distribute a benefit to which individuals have competing claims? Second, what is it about the imposition of a risk of harm itself, such as the playing of Russian roulette on strangers, which calls for justification? Third, in the pursuit of the greater good, when is it permissible to foreseeably generate harms for others through enabling the agency of evildoers? Chapters (...) 1 through 3 of the thesis provide an answer the first question. Chapter 1 defends the importance of a unique complaint of unfairness that arises in risky distributive cases: that sometimes individuals are better off at the expense of others. Chapter 2 defends a view called Fairness as Proper Recognition of Claims which guides how a decision-maker ought to act in cases where individuals have unequal claims to a good. Chapter 3 considers how the presence of ambiguity affects distributive fairness, and defends an egalitarian account of the evaluation of ambiguous prospects. Chapter 4 provides an answer to the second question through a defence of the Insecurity Account, which is a unique way in which impositions of risks of harm can be said to harm individuals, namely by rendering the victim’s interests less secure. Chapter 5 provides an answer to the third question by defending what I call the Moral Purity Account, to explain when it is permissible to provide aid in cases where individuals are harmed as a foreseeable consequence of the provision of such aid. (shrink)

Virtue epistemology (VE) suggests that S knows just in case S’s true belief is creditable to S’s competence. While Lackey’s ( 2007, 2009 ) objection from testimonial knowledge had raised concerns that VE is too strong, some virtue epistemologists (Sosa 2007, Pritchard 2012 ) adopted a weaker condition requiring only partial credit on agent’s part. This paper, however, argues that in addition to the creditable relation, the agent’s competence manifestation could be partial too—in the sense that only part of his/her (...) whole competence regarding the cognitive task is manifested. Interesting consequences follow as we explore this new way of dissecting cognitive agency—in particular, difficult cases for VE arise when one’s cognitive competence is partly apt and partly Gettiered. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are not quite acceptable; neither the (...) command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

In recent years, there is growing concern with some of the bizarre practices in some neoprophetic churches. Amongst the concerns raised are the bizarre practices and the commercialisation of churches with claims that churches are being turned into lucrative businesses. In this article, the relationship amongst prophets, churches and commerce is explored, focusing on competitive behaviour in an open market or free market. The article engages the following issues: firstly, the issue of religious marketing in the context of a free (...) market and consumerism; secondly, branding faith in relation to competition between churches and brands of prophets and thirdly, fraudulent activities facilitated by prophets.Contribution: The article provides a critical assessment of the practices of prophets and neoprophetic churches considering their commercial interests. Thus, the study points to the intersection between religion and commerce. (shrink)

Animal welfare has been conceptualized in such a way that the use of animals in science and for food seems justified. I argue that those who have done this have appropriated the concept of animal welfare, claiming to give a scientific account that is more objective than the sentimental account given by animal liberationists. This strategy seems to play a major role in supporting merely limited reform in the use of animals and seems to support the assumption that there are (...) conditions under which animals may be raised and slaughtered for food that are ethically acceptable. Reformists do not need to make this assumption, but they tend to conceptualize animal welfare is such a way that death does not count as harmful to the interests of animals, nor prolonged life a benefit. In addition to this prudential value assumption, some members of this community have developed strategies for defending suitably reformed farming practices as ethical even granting that death and some other forms of constraints are harms. One such strategy is the fiction of a domestic contract. However, if one accepts the conceptualization of human welfare give by L. W. Sumner, and applies it to animals in the way that I think is justified, an accurate conceptualization of animal welfare has different implications for which uses of animals should be regarded as ethically acceptable. In this paper I give an historical and philosophical account of animal welfare conceptulization and use this account to argue that animal breeders, as custodians of the animals they breed, have the ethical responsibility to help their animal wards achieve as much autonomy as possible in choosing the form of life made available to them and to provide that life. Attempts to avoid these implications by alluding to a contract model of the relationship between custodians and their wards fail to relieve custodians of their ethical responsibilities of care. (shrink)