This article is a response to the challenge with which Zachary Schrag concluded his article, ‘The case against ethics review in social sciences’ − that ‘the burden of proof for its continuation rests on its defenders’ (Schrag, 2011). This article acknowledges that there is substance in the charges he lays against some reviews of social sciences and that these are of sufficient quantity and seriousness to justify his challenge. Instead of favouring abandonment of ethical review of social sciences, the (...) author of this article draws upon his experience as Research Ethics Officer for Social Sciences and Law in a research intensive UK university to identify the sources of some of the problems and suggest potential remedies. These start with reviewing the warrant for ethical review as the basis for understanding reviewer’s role concerning the core ethical issues of rigour, respect and responsibility in the proposed research. This response concludes by considering the implications of a warrant for enhancing trust between scientists and the public as the context in which ethical review is only one component in a number of ethical strategies designed to promote ethical mindfulness as integral to social science research. (shrink)

The maternal‐fetal HIV transmission trials, conducted in developing countries in the 1990s, undoubtedly generated one of the most intense, high profile controversies in international research ethics. They sparked off a prolonged acrimonious and public debate and deeply divided the scientific community. They also provided an impetus for the revision of the Declaration of Helsinki – the most widely known guideline for international research. In this paper, I provide a brief summary of the context, outline the arguments for and against the (...) controversial use of placebo controls, and focus on particular areas that I believe merit further discussion or clarification. On balance, I argue that the researchers failed in their duties to protect the best interests of their research subjects, and to promote distributive justice. I discuss the difficulties of obtaining valid consent in this research context, and argue that it is unethical to inform women of their HIV status without at least offering them prophylactic treatment for their unborn children. A global view of justice, which endorses international equity, cannot be squared with international research guidelines that allow ‘local conditions’ to define the scope of duty to the control group. Finally, I suggest that the heated debate reflects a tension, if not an outright war, between two conflicting meta‐ethical systems, or incommensurable paradigms, that underpin scientific research involving human subjects. (shrink)

ABSTRACT Khader’s Decolonizing Universalism: A Transnational Feminist Ethic brings to our attention in a forceful way that feminist modernity is complicit with imperialist ideals and attitudes. She offers an extensive set of examples, analyses and arguments to recommend a nonideal universalism while embracing maternal ‘feminized power’ from non-Western cultures. I comprehend her arguments to understand salient features of imperialist feminism and then contextualize her critique in the South Asian context of feminist discourse. Expanding on her main critique of Western imperialist (...) hegemony, I propose pluriversal philosophies as a positive approach towards a more just world. I take inspiration from Mignolo, Phule, Ambedkar, Buddha, Anzaldúa and Freire as philosophers of praxis and engage with important anti-hegemonic scholars and organizations to offer a pragmatic translation of powerful ideas. (shrink)

Recently two reports appeared in the press, each of which expressed a very different attitude towards intellectual property. One, in the Australian press, discusses a bill before the US House of Representatives that would “give American copyright holders freedom to hack PCs used to illicitly share files over peer‐to‐peer networks, without fear of prosecution or litigation”. That this represents a fairly strong view of the importance of intellectual property can be seen further as the report continues.

This chapter draws questions of race into food ethics. Appropriating a conception of race articulated by Alain Locke (1885‒1954), it is suggested that racial imperialism and the attending drive to claim proprietary ownership of racialized cultural products is responsible for much of the intercultural strife and race-based injustice in the modern world. Foods and foodways, understood as cultural products, are then discussed against the backdrop of racial partisanship in the exchange and consumption of foods and cuisine. Notions of authenticity (...) and cultural appropriation are discussed in this light. It is argued that there is a place for race in the discussion of food ethics and that racial imperialism and racial partisanship in the exchange and consumption of foods should be repudiated. (shrink)

The Northern Irish footballer James McClean chooses not to take part in the practice of wearing a plastic red poppy to commemorate those who have died fighting for the British Armed Forces. Each year he faces abuse, including occasional death threats, for his choice. This forms part of a wider trend towards ‘poppy enforcement’, the pressuring of people, particularly public figures, to wear the poppy. This enforcement seems wrong in part because, at least in some cases, it involves abuse. But (...) is there anything else wrong with it? We will consider the various ways the existing literature on the ethics of commemoration might help us understand what is wrong with poppy enforcement. We will argue that this cannot provide a complete account of what is wrong with poppy enforcement. We then argue that such pressure can constitute two distinct forms of affective injustice, which are wrongs done to people specifically in their capacity as affective beings. In McClean’s case, we argue first that poppy enforcement is a violation of affective rights and second that he faces a particular type of affective injustice that we call emotional imperialism. (shrink)

We highlight the important lessons our contributors present in our collective project of fostering dialogues both between applied ethics and computer science and between cultures. These include: critical reflexivity; procedural (partly Habermasian) approaches to establishing such central norms as “emancipation”; the importance of local actors in using ICTs both for global management and in development projects – especially as these contribute the trust essential for the social context of use of new technologies; and pluralistic approaches that preserve local cultural differences (...) alongside shared norms. May Thorseth then contextualizes our work vis-a-vis broader philosophical discussions of deliberation and democracy. (shrink)

Virtue and deontological ethics are now commonly contrasted as rival approaches to moral inquiry. However, I argue that neither metaethical party should seek complete, solitary domination of the ethical domain. Reductive treatments of the right or the virtuous, as well as projects that abandon the former or latter, are bound to leave us with a sadly diminished map of the moral territories crucial to our lives. Thus, it is better for the two parties to seek a more cordial and (...) equal relationship, one that permits metaethical pluralism, and acknowledges mutual dependence. I do not seek to prescribe how that relationship should look: this essay offers less a positive metaethical position than a prolegomenon to such a position, one that attempts to head off harmful attempts to reduce the territory of the aretaic to that of the deontic, or that of the deontic to the aretaic. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

Raanan Gillon is a noted defender of the four principles approach to healthcare ethics. His general position has always been that these principles are to be considered to be both universal and prima facie in nature. In recent work, however, he has made two claims that seem to present difficulties for this view. His first claim is that one of these four principles, respect for autonomy, has a special position in relation to the others: he holds that it is first (...) among equals. We argue that this claim makes little sense if the principles are to retain their prima facie nature. His second claim is that cultural variation can play an independent normative role in the construction of our moral judgments. This, he argues, enables us to occupy a middle ground between what he sees as the twin pitfalls of moral relativism and moral imperialism. We argue that there is no such middle ground, and while Gillon ultimately seems committed to relativism, it is some form of moral imperialism that will provide the only satisfactory construal of the four principles as prima facie universal moral principles. (shrink)

Edward Said’s concept of Orientalism portrays the high tide of nineteenth-century imperialism as the defining moment in the establishment of a global discursive hegemony, in which European attitudes and concepts gained a universal validity. The idea of “religion” was central to the civilizing mission of imperialism, and was shaped by the interests of a number of colonial actors in a way that remains visibly relevant today. In East and Southeast Asia, however, many of the concerns that statecraft, law, (...) scholarship, and conversion had for religion transcended the European impact. Both before and after the period of European imperialism, states used religion to engineer social ethics and legitimate rule, scholars elaborated and enforced state theologies, and the missionary faithful voiced the need for and nature of religious conversion. The real impact of this period was to integrate pre-existing concerns into larger discourses, transforming them in the process. The ideals of national citizenship and of legal and scholarly impartiality recast the state and its institutions with a modernist sacrality, which had the effect of banishing the religious from the public space. At the same time, the missionary discourse of transformative conversion located it in the very personal realm of sincerity and belief. The evolution of colonial-era discourses of religion and society in Asia since the departure of European imperial power demonstrates both their lasting power and the degree of agency that remains implicit in the idea of hegemony. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

The need for explicit theoretical reflection on cross-cultural bioethics continues to grow as the spread of communication technologies and increased human migration has made interactions between medical professionals and patients from different cultural backgrounds much more common. I claim that this need presents us with the following dilemma. On the one hand, we do not want to operate according to an imperialist ethical framework that denies and silences the legitimacy of cultural values other than our own. On the other (...) hand, we do not want to backslide into a form of cultural relativism that is unable to critically appraise cultural practices that are harmful, unjust, or oppressive. I examine two prominent attempts – the principlism of Tom Beauchamp and James Childress and the Contractarianism of Robert Baker – to frame cross-cultural bioethics between these two extremes and argue that both approaches have significant flaws. The principlist approach fails to provide a non-question begging way to identify cross-cultural norms that does not already assume the universal legitimacy of moral principles dominant in North American society. Baker's contractarianism cannot grapple with the realities of political power imbalances that often characterize cross-cultural moral disputes. I suggest that a naturalized feminist framework, though not free of its own theoretical difficulties, provides the best alternative for approaching moral diversity respectfully and critically. (shrink)

The era of high colonialism in South Asia coincided with the period when eugenics came to dominate much of the scientific discourse in Europe and America. Such attitudes were naturally transplanted into the colonial world where medical researchers helped to establish a pathological “difference” between Europeans in India and the colonial “Other,” thus creating a medical discourse dominated by racial segregated treatment regimes. With the growth of trans-national transfer of scientific knowledge, this colonial “research” began to underpin racially constructed medical (...) practices wherever they occurred. (shrink)

How do bioethics gatekeepers located in wealthy nations treat bioethics workers from developing countries? Can the policies of leading international bioethics journals—based on a concern for profit that effectively restricts access for most researchers from developing countries—be ethically justified? We examined these policies focusing on the way they influence the ability of researchers in resource-poor countries to participate in the development of the field of bioethics. Eight of the fourteen leading bioethics journals are published by three transnational publishing houses, all (...) of which are based in wealthy nations. None of these eight journals participates in the Health InterNetwork Access to Research Initiative of the World Health Organization, a program that provides free or very low-cost online access to the major journals by researchers in developing countries. Lack of access to these essential resources makes it extremely difficult, if not impossible, for bioethicists in developing countries to learn from, and engage in, the global bioethics dialogue. Thus, exclusionary practices of leading bioethics journals sustain the hegemony of Western bioethics, raising serious questions about professed aspirations to create a truly “global” bioethics. This phenomenon indicates lack of empathy and moral imagination of bioethicists in developed countries, raises serious questions about the ethics of bioethics, and highlights the urgent need for creative solutions to remedy this social injustice. (shrink)

The BiDil controversy in America coincides with a renewed interest in the linkages between race and therapeutics, whether in the medical history of the United States itself, or in the colonial world. During the colonial era in South Asia, many anthropological and medical researchers conducted research which compared the European and “colonial” body, contrasting everything from blood composition to brain weight between the races of the Indian Empire. This, as Mark Harrison has shown, was fundamentally a phenomenon of the 19th (...) century, arguing that “[i]t was only after 1800 that racial identities came to be fixed and that India was viewed with terror, as a reservoir of filth and disease.” Racist attitudes in British Indian colonial medicine are not hard to discover. They underpinned, for instance, campaigns to improve the appallingly high maternal and infant mortality rates in which the blame was placed squarely upon the women and the indigenous midwives who delivered them rather than the poverty in which they lived. As such, Peers Dimmock, a professor of gynecology and obstetrics at the Calcutta Medical School, opened his address to the First Indian Medical Congress in 1894 with a diatribe against “the unclean and repulsive traditionary [sic] methods of the native midwives.”. (shrink)

As political instruments, human rights can be challenged in two important ways: first, by undermining the claim to universality by appealing to a kind of cultural relativism, and second, by accusing human rights of unjustifiably imposing values that are not genuinely universal (which I dub the problem of parochialism). The human right to health is no exception. If a human right to health is to be a useful instrument in mobilizing action for global health justice, then we need to take (...) seriously the ways that health intersects with culture. Universal applicability is essential to both the legitimacy and efficacy of human rights. But without cultural sensitivity, additional injustices and imperialistic harms may be perpetuated. There are two goals within this paper—(1) to show that cultural imperialism is a moral and practical hazard, both in general and for the human right to health in particular and (2) to articulate a way of thinking about the human right to health that can minimize these hazards and arm it with moral credibility and political weight. (shrink)

"In an era of economic devastation, ongoing legacies of colonization and imperialism, climate change and habitat loss, there is a call for a new understanding of the meaning and relevance of ethics. These essays on otherness, responsibility, and hospitality raise urgent questions about the state of ethics in tumultuous times. Contributors range from prominent theorists-including Levinas, Michel Foucault, Jacques Derrida, and Giorgio Agamben-to more recent theorists including Judith Butler, Enrique Dussell, and Rosi Braidotti. Perhaps most crucially, this reader emphasizes (...) the always vulnerable status of a radically different Other, even as it questions what responsibility to that Other might mean."-Provided by publisher. (shrink)

John Dewey's moral philosophy in contemporary perspective -- Consequentialism and its consequences -- The limited relevance of analytical ethics to the problems of bioethics -- The concept of corporate responsibility -- University neutrality and ROTC -- The philosophy of political realism in international affairs -- The challenge of nonviolence in the new world order -- St. Augustine and the just war theory -- War, power, and nonviolence -- Violence and nonviolence -- The morality of nonviolence -- Terrorism, violence, and nonviolence (...) -- Understanding evil from the perspective of nonviolence -- Jallianwala Bagh and the Boston tea party: -- Nonviolent roots of the Indian and American anti-imperialism -- Toward a nonviolent American revolution -- My (non-)teaching philosophy. (shrink)

Tocqueville’s imperialism has recently attracted much attention in Tocqueville studies. The challenge is to reconcile his imperialism to his liberalism. Is Tocqueville merely a classical liberal thinker who based his liberal theory on human rights and universal humanism? If so, then his support for imperialism would inevitably seem irrational and awkward. The present contribution questions this approach and argues that Tocqueville is more influenced by a republican tradition of freedom, on account of which he grants a positive (...) value to both the state as a political community and to its power as a necessary instrument in the protection of freedom. On these grounds we may explain his sense of empire from the perspective of his liberal theory, while simultaneously adjusting our understanding of his liberalism. (shrink)

U.S. multinational enterprises must now follow the policies of Title VII of the Civil Rights Act of 1964 in their overseas operations, at least with respect to U.S. expatriate employees. Doing so in a culture which discourages gender equality in the workplace raises difficult issues, both practically and ethically. Vigorously importing U.S. attitudes toward gender-equality into a social culture such as Japan or Saudi Arabia may seem ethnocentric, a version of ethical imperialism. Yet adapting to host country norms (...) risks a kind of moral relativism. This article supports the view that MNEs which promote workplace equality in a host country such as Japan, which is actively involved in the international economic and political community, is not ethical imperialism in any pejorative sense and is preferable to a moral relativism or social contract approach.We hold these truths to be self-evident: that all men are created equal, and endowed by their creator with certain rights — life, liberty, and the pursuit of happiness. (shrink)

It is hypothesised and argued that “the four principles of medical ethics” can explain and justify, alone or in combination, all the substantive and universalisable claims of medical ethics and probably of ethics more generally. A request is renewed for falsification of this hypothesis showing reason to reject any one of the principles or to require any additional principle(s) that can’t be explained by one or some combination of the four principles. This approach is argued to be compatible with a (...) wide variety of moral theories that are often themselves mutually incompatible. It affords a way forward in the context of intercultural ethics, that treads the delicate path between moral relativism and moral imperialism. Reasons are given for regarding the principle of respect for autonomy as “first among equals”, not least because it is a necessary component of aspects of the other three. A plea is made for bioethicists to celebrate the approach as a basis for global moral ecumenism rather than mistakenly perceiving and denigrating it as an attempt at global moral imperialism. (shrink)

A global information ethics that seeks to avoid imperialistic homogenization must conjoin shared norms while simultaneously preserving the irreducible differences between cultures and peoples. I argue that a global information ethics may fulfill these requirements by taking up an ethical pluralism – specifically Aristotle’s pros hen [“towards one”] or “focal” equivocals. These ethical pluralisms figure centrally in both classical and contemporary Western ethics: they further offer important connections with the major Eastern ethical tradition of Confucian thought. Both (...) traditions understand ethical judgment to lead to and thus require ethical pluralism – i.e., an acceptance of more than one judgment regarding the interpretation and application of a shared ethical norm. Both traditions invoke notions of resonance and harmony to articulate pluralistic structures of connection alongside irreducible differences. Specific examples within Western computer and information ethics demonstrate these pluralisms in fact working in praxis. After reviewing further resonances and radical differences between Western and Eastern views, I then argue that emerging conceptions of privacy and data privacy protection laws in China, Hong Kong, Japan, and Thailand in fact constitute a robust, pros hen pluralism with Western conceptions. In both theory and in praxis, then, this pluralism thus fulfills the requirement for a global information ethics that holds shared norms alongside the irreducible differences between cultures and peoples. (shrink)

Is the good news of Jesus Christ bad news for the Jewish neighbor? -- Kierkegaard and Hegel on Abraham : the openness and complexity of the modern context -- The problem, part I : the "perfect storm" of Christological interpretive imperialism -- The problem, part II : the good news of the Gospel and the bad news for the children of Abraham -- The remedy, part I : dispersing the "perfect storm" -- The remedy, part II : the debt (...) to modernity : interpretive imperialism in a higher key -- The remedy, part III : Abraham must die -- Postmodern discernment and the limits of the ethical : the way of justice -- The problem as remedy : an interpretive imperialism "without weapons"? -- Conclusion : faith seeking the ethical. (shrink)

A collection of articles and essays, critical analyses and personal reflections of travel and tourism by a diverse group of scholars and journalists. The authors consider the ethics and racial politics of traveling and doing research abroad and the privilege allowing them to enter peoples' lives, ask intimate questions, and publish their disclosures, effectively putting them on display.

How was violence justified in early Islam? What role did violent actions play in the formation and maintenance of the Muslim political order? How did Muslim thinkers view the origins and acceptability of violence? These questions are addressed by an international range of eminent authors through both general accounts of types of violence and detailed case studies of violent acts drawn from the early Islamic sources. Violence is understood, widely, to include jihad, state repressions and rebellions, and also more personally (...) directed violence against victims (women, animals, children, slaves) and criminals. By understanding the early development of Muslim thinking around violence, our comprehension of subsequent trends in Islamic thought, during the medieval period and up to the modern day, become clearer. (shrink)

Feminist care ethics has become a prominent ethical theory that influenced theoretical and practical discussions in a variety of disciplines and institutions on a global scale. However, it has been criticized by transnational feminist scholars for operating with Western-centric assumptions and registers, especially by universalizing care as it is practiced in the Global North. It has also been criticized for prioritizing gender over other categories of intersectionality and hence for not being truly intersectional. Given the imperialist and colonial legacies (...) embedded into the unequal distribution of care work across the globe, a Western-centric approach may also carry the danger of paternalism. Hence, a critical approach to care ethics would require reckoning with these challenges. The aim of this article is first to unfold these discussions and the responses to them from care ethics scholars and then to present resources in Beauvoir’s existentialist ethics, specifically the tenet of treating the other as freedom, as productive tools for countering the Western-centric and paternalistic aspects of care practices. (shrink)

Did Jesus ever do anything wrong? Judging by the vast majority of books on New Testament ethics, the answer is a resounding No. Writers on New Testament ethics generally view Jesus as the paradigm of human standards and behaviour. But since the historical Jesus was a human being, must he not have had flaws, like everyone else? The notion of a flawless human Jesus is a paradoxical oddity in New Testament ethics. According to Avalos, it shows that New Testament ethics (...) is still primarily an apologetic enterprise despite its claim to rest on critical and historical scholarship. The Bad Jesus is a powerful and challenging study, presenting detailed case studies of fundamental ethical principles enunciated or practised by Jesus but antithetical to what would be widely deemed 'acceptable' or 'good' today. Such topics include Jesus' supposedly innovative teachings on love, along with his views on hate, violence, imperialism, animal rights, environmental ethics, Judaism, women, disabled persons and biblical hermeneutics. After closely examining arguments offered by those unwilling to find any fault with the Jesus depicted in the Gospels, Avalos concludes that current treatments of New Testament ethics are permeated by a religiocentric, ethnocentric and imperialistic orientation. But if it is to be a credible historical and critical discipline in modern academia, New Testament ethics needs to discover both a Good and a Bad Jesus. (shrink)

The debate about the direction, coherence and possible imperialism of universal norms in global bioethics has been going on for years. Proponents of universal norms have fiercely stated their cases focusing on human rights, autonomy and/or further principles in bioethics. Equally forceful has been the opposition to such universal principles arguing mainly on grounds of cultural diversity. The alternative is commonly presented as one between moral relativism and moral imperialism; solutions that are equally unattractive. This paper suggests a (...) way forward for global bioethics by focusing on techniques of moral deliberation as well as on the specific social context from which moral dilemma arises. Such focus will show that the alternative between moral relativism and imperialism only arises when an unreflected notion of medical ethics is applied. The way forward for global bioethics is to acknowledge the way medical ethics is connected to a specific medical practice and to examine its cultural and conceptual foundation rather than insisting on context independent principles.If it is already doubtful whether bioethics exists, it is even more dubious for global bioethics. For almost two decades, discussion over such issue has been going on with hardly any progress. Some uphold the famous four principles as the universal standard; others would like to modify them while still hoping for universality; still others challenge the very notion of universality in the field of medical ethics. The discussion is trapped in a variety of antagonisms: between universalism and particularism, between liberalism and communitarism, between principalism and case-based-bioethics. This paper suggests a way forward beyond these antagonisms by asking about the very nature of medical ethics. First, however, we need to take a closer look on the issue at stake: the quest for a global bioethics and the debate over the identity of medical ethics. (shrink)

Ethical reflection on the justice/injustice of past public health policy can inform current and future policy creation and assessment. For eight years in the 1980s, Haitians were prohibited from donating blood in the USA due to their national origin, a supposed risk factor for AIDS. This case study underlines the racial stereotypes and cultural ignorance at play in risk assignment—which simultaneously marked Haitians as risky ‘others’ and excluded them as significant participants in policy-making. This article also discerns Haitian understandings (...) of justice related to this donor policy and explores how dimensions of this past policy relate to current blood donor policy. (shrink)

This book provides an analysis of the debate surrounding cultural diversity, and attempts to reconcile the seemingly opposing views of "ethical imperialism," the belief that each individual is entitled to fundamental human rights, and cultural relativism, the belief that ethics must be relative to particular cultures and societies. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments. Key issues in health and medicine are explored in the context of cultural (...) diversity: the physician-patient relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist, but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out out her own research. (shrink)

PurposeThe paper aims to introduce the Islamic “legal system of Shari'ah laws and ethics” and its process of resolving ethical quandaries as applied in the field of information ethics.Design/methodology/approachThe paper first introduces some of the intricacy of the Islamic Shari'ah laws and ethics and then to reason its applicability in the field of IE, a scenario is discussed to illustrate how Islamic legal maxims maybe implemented to arrive at a moral judgment.FindingsThe discussed scenario shows glimpses of the Shari'ah laws (...) and reasoning processes of the Islamic ethical methodology for deriving moral judgment as used in the Muslim world to bring benefits and repel harms. The system respects both collective and individual's perspectives and can be conceived as being a synthesis between deontological, consequentialist and virtue ethics theories.Practical implicationsThe paper is sufficient to give the reader a feel for its potential to encourage further research in the area of resolving ethical issues, specifically for those who are calling for universal ethical theories to avoid moral imperialism.Originality/valueEthical researchers have gone back in history as far as Aristotle and Descartes to address ethical issues arising from the development and application of information and computer technologies. One area of ethics rarely touched by ethical theorists is the religious laws and ethics of Islam. The paper introduces Islam and its sources of knowledge, which are the foundation for a large set of legal maxims used to govern ethical decisions. (shrink)

Implementation of existing ethical guidelines for international collaborative medical and health research is still largely controversial in sub-Saharan Africa for two major reasons: One, they are seen as foreign and allegedly inconsistent with what has been described as an ‘African worldview’, hence, demand for their strict implementations reeks of ‘bioethical imperialism’. Two, they have other discernible inadequacies – lack of sufficient detail, apparent as well as real ambiguities, vagueness and contradictions. Similar charges exist(ed) in other non-Western societies. Consequently, (...) these guidelines have been correctly judged as an inadequate response to the complex and ever shifting dilemmas met by researchers and research regulators in the field. This paper proposes a framework for effective implementation of existing guidelines without much worry about bioethical imperialism and other inadequacies. This framework is proposed using an analogy of Legal Realism, specifically its key assertions on how, in reality, judicial systems operate using general legal rules to settle specific cases. Legal realists assert that in judicial decision-making, general legal rules do not totally dictate court decisions in specific cases. This analogy is used to coin a new term, ‘Bioethical Realism.’ The framework suggests that local Research Ethics Committees ought to be construed as analogues of judicial courts with the resulting implications. Consequently, just like legal rules are general rules that do not always dictate court decisions, similarly international bioethical guidelines are general ethical rules that should not always dictate local RECs’ decisions and such decisions (ought to) enjoy considerable immunity from outsiders. (shrink)

Implementation of existing ethical guidelines for international collaborative medical and health research is still largely controversial in sub-Saharan Africa for two major reasons: One, they are seen as foreign and allegedly inconsistent with what has been described as an ‘African worldview’, hence, demand for their strict implementations reeks of ‘bioethical imperialism’. Two, they have other discernible inadequacies – lack of sufficient detail, apparent as well as real ambiguities, vagueness and contradictions. Similar charges exist(ed) in other non-Western societies. Consequently, (...) these guidelines have been correctly judged as an inadequate response to the complex and ever shifting dilemmas met by researchers and research regulators in the field. This paper proposes a framework for effective implementation of existing guidelines without much worry about bioethical imperialism and other inadequacies. This framework is proposed using an analogy of Legal Realism, specifically its key assertions on how, in reality, judicial systems operate using general legal rules to settle specific cases. Legal realists assert that in judicial decision-making, general legal rules do not totally dictate court decisions in specific cases. This analogy is used to coin a new term, ‘Bioethical Realism.’ The framework suggests that local Research Ethics Committees ought to be construed as analogues of judicial courts with the resulting implications. Consequently, just like legal rules are general rules that do not always dictate court decisions, similarly international bioethical guidelines are general ethical rules that should not always dictate local RECs’ decisions and such decisions (ought to) enjoy considerable immunity from outsiders. (shrink)

An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls' idea of `reasoning from conjecture' as one way to argue for a commitment to public reason. Reasoning from conjecture is a form of non-public justification that allows political liberals to reason from within the comprehensive views of at least some unreasonable citizens. After laying out the basic features of this form of non-public justification, (...) this article responds to three objections based on concerns about insincerity, cultural imperialism, and the epistemic authority of those who reason from conjecture. (shrink)

Evidence-based medicine has been rapidly and widely adopted because it claims to provide a method for determining the safety and efficacy of medical therapies and public health interventions more generally. However, as others have noted, EBM may be riven through with cultural bias, both in the generation of evidence and in its translation. We suggest that technological and scientific advances in medicine accentuate and entrench these cultural biases, to the extent that they may invalidate the evidence we have about disease (...) and its treatment. This creates a significant ethical, epistemological and ontological challenge for medicine. (shrink)