This paper evaluates four recent randomized clinical trials in which the informed consent of participants was either not sought at all, or else was conducted with critical information missing from the consent documents. As these studies have been taking place, various proposals to conduct randomized clinical trials without consent have been appearing in the medical literature. Some of the explanations offered for why it is appropriate to bypass consent or disclosure requirements appear to represent a fundamental misunderstanding of applicable government (...) regulations and even the research enterprise. Others are the result of conceptual disagreements about the importance and application of traditional research ethics norms to ‘comparative effectiveness research’ and modern research environments. Common among these explanations, however, is a failure to appreciate when a research intervention, rather than merely an observation or review of data, is taking place. Review committees and investigators are failing to see, or choosing to ignore, interventions in the lives of research subjects. When these studies have come to light, government agencies with oversight authority have done little or backed down. Prestigious medical journals have published research results knowing that the required consent was not obtained, or they have stood by the published studies even after the inadequacy of consent is discovered. This article critically examines this erosion of consent in theory and practice and calls for restoring the requirement of informed consent to its proper place as a priority in human subjects research. (shrink)

Este artículo estudia a un colectivo de trabajadoras domésticas y de cuidados (Territorio Doméstico) que se reúne y hace red en el barrio madrileño de Lavapiés, en proceso de gentrificación-turistificación. En él analizamos la conexión entre la turistificación y las cadenas globales de cuidados en el neoliberalismo actual, de las que estas mujeres son víctimas como migradas del sur global, forzadas a estos trabajos para sobrevivir. Este colectivo, en espacios del barrio y en red con otros colectivos, lucha por mejorar (...) su situación laboral y vital; pero en el proceso (que incluye un trabajo de historia y memoria esencial que une y contagia empatía) genera alternativas locales y globales para una vida buena para todos. Éstas, que analizamos como estrategias de erosión de la turistificación y del capitalismo, pasan por una ética ecofeminista y descolonial. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Widespread unethical corporate misconduct in an industry triggers industry-wide crises. This research investigates how industry misconduct affects consumers’ trust in the industry, by incorporating insights from a micro-level psychological aspect of institutions. The conceptual framework proposes that consumer legitimacy judgement lies at the core of industry trust, following an industry-wide crisis. The results demonstrate that perception of normalisation of misconduct affects industry trust through consumer legitimacy judgement. Moreover, the PNM-CLJ-industry trust relationship is stronger during industry-wide crises compared with crises that (...) involve only one firm, and this relationship is not dependent on the frequency of crises. This research contributes to the knowledge of product-harm crisis by deepening understanding of the trust erosion mechanism during industry-wide crises, with a focus on legitimacy judgement. The findings have implications for prevention of industry-wide crises and for boosting ethically desirable business activities. (shrink)

This paper analyzes the reasons behind what it calls the erosion of democracy under George W. Bush's presidency since September 11, 2001, and claims that they are twofold: first, the erosion in question can be attributed to a crisis of the state and the belief that security is its only genuine function. In other words, the erosion of democracy is an erosion of the very idea of the public sphere (which, following Hegel, I call "ethical life") (...) beyond security and war. Secondly, the erosion of the ethical sphere goes hand in hand with an extraordinary resurgence of what, still following Hegel, I call "morality," and which privileges the subjective over the objective, or moral (and even religious) feeling over institutions and the law. (shrink)

The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process of democratic (...) erosion in which the whole is greater than the sum of its parts. This Article explores how courts can respond to such constitutional changes. We argue the Unconstitutional Constitutional Amendment Doctrine should be adapted to respond to existing constitutional practices that utilize incremental and subtle amendments to dismantle the democratic order. We suggest that an aggregated judicial review should be developed. We must also rethink the automatic immunity – the result of two hundred years of revolutionary constitutional theory – provided to complete constitutional replacement from constitutional restrictions and scrutiny. Finally, as opposed to the instinct to require judicial self-restraint with respect to constitutional changes that concern the judiciary itself, we suggest that this is perhaps the type of changes that require strictest scrutiny. (shrink)

The extensive participation of German physicians in the atrocities of the Holocaust raises many questions concerning the potential for moral erosion in medicine. What circumstances and methods of rationalisation allowed doctors to turn from healers into accomplices of genocide? Are physicians still vulnerable to corruption of their guiding principles and, if so, what can be done to prevent this process from occurring? With these thoughts in mind, the author reflects on his experiences participating in the Fellowships at Auschwitz for (...) the Study of Professional Ethics program and offers a medical student's perspective on the ethical issues encountered in clinical training and the practice of medicine. (shrink)

In the following, I will discuss the current social reaction to the ecological crisis and the ways in which society reacts to technological risks, which can be understood primarily as a reaction to scientific and moral or ethical uncertainty. In the first section, I will clarify what is meant by scientific and moral or ethical uncertainty. In the second section, I will contrast Max Weber's differentiation of science, law [Recht) and morality in the modern world with the process of de-differentiation (...) of these value spheres, a trend which can be observed in the present-day context of the ecological crisis and technological risks. We shall see that social contradictions emerge in the functional relationships between these value spheres, and that such contradictions go hand in hand with these value spheres or contexts of discourse either losing their original function or becoming transformed. Science forfeits its role as a functional authority and becomes a strategic resource for politics. Law becomes a basic constituent of an amoral form of negotiation, which can no longer be properly grasped in terms of legal categories. Morality is transformed into fear, and economics yields unprofitable practices. In the third section, I will in attempt to open up the moral and ethical dimension of how to deal with uncertainty with the help of discourse theory, as well as outline a possible solution. (shrink)

Carte Blanche is the alarming tale of how the right of Americans to say "no" to risky medical research is eroding at a time when we are racing to produce a vaccine and treatments for Covid-19. This medical right that we have long taken for granted was first sacrificed on the altar of military expediency in 1990 when the Department of Defense asked for and received from the FDA a waiver that permitted it to force an experimental anthrax vaccine on (...) the ranks of ground troops headed for the Persian Gulf. Since then, the military has pressed ahead to impose nonconsensual testing of the blood substitute PolyHeme in civilian urbanities, quietly enrolling more than 20,000 non-consenting subjects since 2005. Most Americans think that their right to give or withhold consent is protected by law, but the passing in 1996 of modifications to the Code of Federal Regulations, such as statute CFR 21 50.24, now permit investigators to conduct research with trauma victims without their consent or event their knowledge. More than a dozen studies since have used the 1996 loophole to recruit large numbers of subjects without their knowledge. The erosion of consent is the result of a U.S. medical-research system that has proven again and again that it cannot be trusted. (shrink)

Haack articulates something of what she takes the moral demands of academic life to be, calling for such virtues as industry, honesty, realism, patience, and consideration. She then explains why she believes the current academic environment is sapping the strength of character these virtues require, and why graduate students are caught in the middle. She writes primarily about philosophy, but much of what she has to say applies to other humanities disciplines and much of that to other disciplines as well---and (...) while she writes primarily about the U.S. situation, much of what she says applies elsewhere too. (shrink)

In the following, I will discuss the current social reaction to the ecological crisis and the ways in which society reacts to technological risks, which can be understood primarily as a reaction to scientific and moral or ethical uncertainty. In the first section, I will clarify what is meant by scientific and moral or ethical uncertainty. In the second section, I will contrast Max Weber's differentiation of science, law [Recht) and morality in the modern world with the process of de-differentiation (...) of these value spheres, a trend which can be observed in the present-day context of the ecological crisis and technological risks. We shall see that social contradictions emerge in the functional relationships between these value spheres, and that such contradictions go hand in hand with these value spheres or contexts of discourse either losing their original function or becoming transformed. Science forfeits its role as a functional authority and becomes a strategic resource for politics. Law becomes a basic constituent of an amoral form of negotiation, which can no longer be properly grasped in terms of legal categories. Morality is transformed into fear, and economics yields unprofitable practices. In the third section, I will in attempt to open up the moral and ethical dimension of how to deal with uncertainty with the help of discourse theory (Apel, 1988; Habermas, 1996), as well as outline a possible solution. (shrink)

The installation in a society of ad hoc and contradictory legal policies over a foundation of equal liberty and justice under the rule of law results in social disorder. When these policies reflect economic interests, A feudal-Like form of economic determinism begins to close in. This in turn breeds inequalities, Frustrated expectations, Political favoritism and authoritarianism. Further, The 'success' of such policies in terms of visible changes in the social order cannot in principle be known. The paper demonstrates these social (...) disorders in terms of a current american mandate called 'reverse discrimination' which coerces industries and universities to favor and promote the economic and educational interests of some persons over others. (shrink)

Tolerance cannot not be concerned with the law, once it takes up in its concept the relationship between truth and justice. And there are several reasons for this. To begin with, the word right enters into many definitions of tolerance: the right to difference, to liberty, to those fundamental public freedoms that constitute human rights. Moreover, law, as opposed to morality, is the public instance where obligation is coupled with legitimate coercion. Finally, juridical institutions offer an excellent vantage point from (...) which to observe the transformations of the idea of tolerance and scan the history of the struggles carried out in its name. (shrink)

Farmers’ decisions to conserve natural resources generally and soil and water particularly are largely determined by their knowledge of the problems and perceived benefits of conservation. In Ethiopia, however, farmer perceptions of erosion problems and farmer conservation practices have received little analysis or use in conservation planning. This research examines farmers’ views of erosion problems and their conservation knowledge and practices in the Beressa watershed in the central highlands of Ethiopia. Data were obtained from a survey of 147 (...) farm households managing 713 fields during the 2002/2003 cropping season. In-depth interviews and group discussions were also held with the farmers to obtain additional information. The results show that 72% of the farmers reported erosion problems, and they recognized that conservation was necessary. However, they considered erosion to be severe mostly when visible signs – rills and gullies – appeared on their fields. The majority of the farmers believe that erosion could be halted, and they use a range of practices for erosion control and fertility improvement. These include contour plowing (83%), drainage ditches (82%), and stone terraces/bunds (73%). Nevertheless, despite decades of conservation intervention in the area, it appears that most farmers have developed negative attitudes towards externally recommended measures. The research concludes that under the conditions present in the Ethiopian central highlands, soil and water conservation interventions should consider farmers’ conservation knowledge and practices to improve acceptance and adoption of the recommendations. (shrink)

Farmers’ decisions to conserve natural resources generally and soil and water particularly are largely determined by their knowledge of the problems and perceived benefits of conservation. In Ethiopia, however, farmer perceptions of erosion problems and farmer conservation practices have received little analysis or use in conservation planning. This research examines farmers’ views of erosion problems and their conservation knowledge and practices in the Beressa watershed in the central highlands of Ethiopia. Data were obtained from a survey of 147 (...) farm households managing 713 fields during the 2002/2003 cropping season. In-depth interviews and group discussions were also held with the farmers to obtain additional information. The results show that 72% of the farmers reported erosion problems, and they recognized that conservation was necessary. However, they considered erosion to be severe mostly when visible signs – rills and gullies – appeared on their fields. The majority of the farmers believe that erosion could be halted, and they use a range of practices for erosion control and fertility improvement. These include contour plowing (83%), drainage ditches (82%), and stone terraces/bunds (73%). Nevertheless, despite decades of conservation intervention in the area, it appears that most farmers have developed negative attitudes towards externally recommended measures. The research concludes that under the conditions present in the Ethiopian central highlands, soil and water conservation interventions should consider farmers’ conservation knowledge and practices to improve acceptance and adoption of the recommendations. (shrink)

The phenomenon of financialization is multifaceted and can be considered from different points of view. The main purpose of the article is to show how financialization affects the erosion of the common good. To achieve this, various negative sides of financialization are described, referring to the eight principles of the common good: effective use of limited resources, freedom, prosperity, justice, responsibility, solidarity, primacy of interpersonal relations and institutional principle. Further considerations concern the presentation of possible solutions to the problem (...) of financialization. Two perspectives are selected. First, the answer of Catholic social teaching to the phenomenon of financialization, as presented in the form of the Vatican document Oeconomicae et pecuniariae quaestiones from May 2018. Next, one of the main causes of financialization is shown: economic and financial theories, which has become the theoretical foundation for the phenomenon. On this basis, the need for new theoretical solutions based on the institutional approach in the science of economics and finance is discussed. Possible new alternative approaches, including the concept of financial personalism, are also recognized. (shrink)

Although one would not wish to classify Copernicus’ own intentions as belonging to the late-medieval and Renaissance tradition of nominalist philosophy, if we are to turn our consideration to what was responsible for the eventual success of the Copernican Revolution, we must also attend to other features of the dialectical context in relation to which the views of Copernicus and his followers were articulated, interpreted, and evaluated. Accordingly, this paper discusses the significance of the erosion of the Aristotelian prohibition (...) against metabasis to the eventual success of the Copernican Revolution. (shrink)

Purpose The purpose of this paper is to consider the implications of the shift from citizen journalist to social media user by examining how ethics are addressed on social media sites compared to citizen journalism sites. Design/methodology/approach This paper applies the framework of a 2012 study of ethics on citizen journalism sites to social media sites’ guiding documents to compare how they discuss ethics and what they ask of the users, offering suggestions for how social media sites might imbue users (...) with a sense of their responsibilities and obligations. Findings The analysis finds that ethics are largely ignored on social media sites, written in legalistic language and framed in negative terms, rather than in terms of responsibilities or obligations. Originality/value When citizen journalism was subsumed by social media, much of the language – lacking as it may have been – around users’ responsibilities to each other was lost. This paper suggests social media sites should seek to raise rather than lower the barriers to entry, and imbue users with a sense of the responsibility they accept when sharing information online. (shrink)

This article discusses the evidence for the claim that exposure to the economic model of man tends to make students more selfish. It also discusses the more general problems created by the employment of the models of human beings used in the social sciences, which often are extremely simple, in business education. After considering some proposed solutions to these problems, the article advocates exposing students to more inclusive conceptions of human nature and, as each model is taught, helping students to (...) reflect on the aspects of our knowledge which it leaves out of account. (shrink)

The article examines the idea that commercialized science is a central factor in the erosion of trust in science. I claim that commercial interests have a negative impact on the trustworthiness of...

The “return of the state” as an economic actor has left scholars at a lack of theoretical tools to capture the characteristics of state-dominated business systems. This is reflected in the fact that any type of state intervention in the economy is too easily qualified as a sign of “authoritarian capitalism,” which has led scholars to lump together countries as diverse as China, Singapore, and Norway under that heading. Rather than considering any type of state intervention in the economy as (...) authoritarian, we propose a more sophisticated conceptualization, which distinguishes two boundaries between the public and the private domains and conceives of the “return of the state” as the erosion of one or both of them. This conceptualization allows us to clearly distinguish a shift from an ideal-typical market-based “regulatory capitalism” to “state capitalism” or “authoritarian capitalism,” respectively. We use interview data with business leaders in an extreme case of the return of the state to identify the nature of the mechanisms by which an authoritarian government erodes these private-public divides. We argue that a focus on these constitutive mechanisms of the erosion of private-public divides allows us to define “authoritarian capitalism” in a way that makes it a useful tool to understand contexts beyond the Chinese case in which it first emerged. (shrink)

The paper describes the unique health ethics challenges of working with Indigenous peoples. It explores the distorting impacts of colonial law and economic policy on clinical ethics decision making and makes some practical recommendations for overcoming or subverting them.

[N]othing is more dangerous than a political system that claims to lay down the truth.We have allegedly entered a post-truth era. Oxford Dictionaries selected the previously "peripheral term" post-truth "as 2016's international word of the year" because it had quickly become "a mainstay in political commentary" with demonstrable "impact on the national and international consciousness." The very idea of a post-truth condition, as discussed in ongoing public discourse,1 relies upon various assumptions about the nature and status of truth itself as (...) an adjunct of contemporary U.S. democracy. Oxford Dictionaries defines "post-truth" as "[r]elating to or denoting circumstances in which objective facts are less... (shrink)

This paper unravels the diverse strands in the manifestations of the Prevention of Terrorism Act (POTA, 2002), focusing not only on law’s words, i.e. the rules, principles and procedures, and its interpretations in judgments, but also on its effects. Adopting the violence of jurisprudence approach, it eschews the dichotomy between law and violence, examining the ‘effects of legal force’, in particular, the ways in which law becomes an integral part of the organization of state violence. Through an examination of the (...) unfolding of POTA and laws dealing with ‘organized crime’ and ‘unlawful activities’ (Unlawful Activities Prevention Act, 1967, 2005), the trajectory of specific cases and judgments by Trial Courts, the High Courts and the Supreme Court, this paper shows how through an interlocking of the ordinary and extraordinary, anti-terror laws erode both the procedural and substantive aspects of the rule of law, become the terrain where permutations in alliance politics and configuration of power are played out, and assume an antagonistic notion of politics which seeks resolution through the elimination and externalization of difference. Extraordinary laws, it argues, are manifestations of a politics of negation. Processes that prolong the lives of such laws, and procedural interlocking and intermeshing that seek to give them permanence, are symptomatic of a deepening of the politics of negation. (shrink)

The many conflicting views that have given rise to the contemporary crisis in religious thought can be traced to certain figures who have played a major role in the shaping of present-day thinking. An exploration of the ideas of these philosopher-theologians, from Schleiermacher and Kierkegaard to Barth, Tillich, Maritain, Berdyaev, Buber, and such lesser figures as Dietrich Bonhoeffer, Harvey Cox, Thomas Altizer, and Richard Rubenstein, has been the chief objective of the author of this work. His survey of modern and (...) contemporary religious thinking, which he conducted within a predominantly Protestant framework, has convinced him that a common theme runs through the writings of the men examined by him: the problem of God is inseparable from the problem of modern man. "In the minds of theologians," the author asserts, "the loss of certainty about God is at base a loss of a sense of ultimacy which gives depth and purpose to everyday living.... And so, in responding to the loss of ultimacy, modern theology has reintroduced the question of man himself: his life and death, his experiences of tragedy, joy, guilt, acceptance, loss, and love." While pointing to the radical differences among theologians in their explanations of man's loss of faith, Idinopulos suggests that the theological options offered by such men as Barth, Tillich, Maritain, Berdyaev, and Buber are of paramount importance for the understanding of today's religious thinking. In his final chapter, the author makes a critical appraisal of the chief representatives of "secular theology," such as Bonhoeffer, Cox, and Altizer; and analyzes Rubenstein's peculiar theory of Holy Nothingness, or "Sacred Void out of which we came and to which we return." The author's analysis makes clear the extreme confusion, and even outright absurdity, into which men have been led by the self-styled "Theologians in a World Come of Age," which is the title of the chapter. The volume closes with a selected bibliography for each of the authors discussed and a comprehensive index.--B. M. B. (shrink)

This article explores how economic inequality in the United States has led to growing levels of poverty, food insecurity, and obesity for the bottom segments of the economy. It takes the position that access to nutritious food is a requirement for living and for participating fully in the workplace and society. Because of increasing economic inequality in the United States, growing segments of the U.S. economy have become more food insecure and obese, eating unhealthy food for survival and suffering an (...) erosion of “equality of capabilities” that undermines their ability to play a “full and active part in the functioning of community.” Unequal access to nutritious foods in the United States is attributable in part to an industrial food system that is designed to produce short-term profits for industrial food producers, processors, and distributors that extract surplus labor value through market concentration and opportunistic behavior at the expense of the long-term benefits for consumers, food workers, and ecosystems. Economic inequality, food insecurity, and the erosion of equality of capabilities in the United States have given rise to protest movements, social movements, social innovations, and some modest strengthening of regulations to make access to and consumption of healthy food a right for every person. Implications for business and society research are explored. (shrink)

The COVID-19 pandemic poses extraordinary public health challenges. In order to respond to such challenges, most democracies have relied on so-called ‘evidence-based’ policies, which supposedly devolve to science the burden of their justification. However, the biomedical sciences can only provide a theory-laden evidential basis, while reliable statistical data for policy support is often scarce. Therefore, scientific evidence alone cannot legitimise COVID-19 public health policies, which are ultimately based on political decisions. Given this inevitable input on policy-making, the risk of arbitrariness (...) is ubiquitous and democratic scrutiny becomes essential to counter it. During the COVID-19 pandemic, the standards of scientific and democratic scrutiny have been, as a matter of fact, substantially lowered. This erosion potentially damages democracy. (shrink)

Depression is an affective disorder involving a significant change in an individual’s emotional and affective experiences. While the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition mentions that social impairment may occur in depression, first-person reports of depression consistently name isolation from others as a key feature of depression. I present a phenomenological analysis of how certain interpersonal relations are experienced in depression. In particular, I consider whether depressed individuals are able to enter into “we-experiences” with other people. We-experiences (...) are experiences had with two or more people as a we, experiences that allow one to enter into robustly shared experiences with others. I claim that the ability to enter into we-experiences is eroded in depression due to an overwhelming feeling of being different to and misunderstood by others. As such, I suggest that depression should be conceived of as fixing an individual in their first-person singular perspective, thus inhibiting their ability to experience in the first-person plural and to feel a sense of connectedness or togetherness with others as part of a we. By attending to on-going impacts of a diminished ability to enter into we-experiences, we can provide a situated and more nuanced account of the changes of interpersonal relations in depression that captures the progressive nature of the disorder. In turn, this analysis furthers our understanding of the emergence, frustration, and erosion of actual and habitual we-experiences. (shrink)

I identify issues of philosophical concern in Eldred v. Ashcroft, the U.S. Supreme Court’s decision on copyright extension, and encourage the participation of philosophers in these public policy debates. Philosophers have contributions to make to the dialogue not captured exclusively by the technical and often narrow legal debate in the courts.

I identify issues of philosophical concern in Eldred v. Ashcroft, the U.S. Supreme Court’s decision on copyright extension, and encourage the participation of philosophers in these public policy debates. Philosophers have contributions to make to the dialogue not captured exclusively by the technical and often narrow legal debate in the courts.

This desk analysis exposes conflicts that have been created by the coming of Christianity and how they may be resolved from an endogenous perspective within the Shona people in Zimbabwe. The analysis looked at archival material and reviewed some classical literature related to the clashes pitting the two religions. The analysis is influenced by two theories: Social Dominance and Clash of Civilizations. The two theories argue that in society, there are struggles for domination which lead to conflicts among belief systems. (...) The study acknowledges that while Pentecostal Christianity has contributed to the demise of indigenous practices through its tough approach and the use of financial resources, there are other indigenous factors. Rescuing indigenous practices from extinction may be a challenge given that almost all the institutions have adopted Christian models while association with indigenous systems is now a ‘shame’. However, documentation and practicing the rituals for continuity purpose are encouraged. (shrink)

Modularity is a key concept in building and evaluating complex simulation models. My main claim is that in simulation modeling modularity degenerates for systematic methodological reasons. Consequently, it is hard, if not impossible, to accessing how representational structure and dynamical properties of a model are related. The resulting problem for validating models is one of holism. The argument will proceed by analyzing the techniques of parameterization, tuning, and kludging. They are – to a certain extent – inevitable when building complex (...) simulation models, but corrode modularity. As a result, the common account of validating simulations faces a major problem and testing the dynamical behavior of simulation models becomes all the more important. Finally, I will ask in what circumstances this might be sufficient for model validation. (shrink)