This book is about permissive consent--the moral tool we use to give another person permission to do what would otherwise be forbidden. For instance, consent to enter my home gives you permission to do what would otherwise be trespass. This transformation is the very thing that philosophersidentify as consent--which is why we call it a normative power. It is something individuals can do, by choice, to change the moral or legal world. But what human acts or attitudes render consent? (...) When do coercive threats, offers, or lies undermine the transformative power of consent? What intentionsor conventions are necessary to render consent meaningful?This book develops a novel theory that explains the moral features of consent in some of the most central domains of human life--but that also serves as a study in how to theorize normative power. It argues that consent is a moral mechanism with exactly the set of features that, when triggered,prevents another person's behavior from constituting a certain kind of wrongdoing. What kind of wrongdoing? It depends on what sort of permission is being granted. Sometimes consent permits others to enter, occupy, or act within some bounded domain wherein the consent-giver holds moral authority. Inthese cases, consent operates to prevent what the book calls: Invasive Wrongdoing. By identifying the moral features that underlie this special wrongdoing, we can learn what it takes to render consent. (shrink)

Although clinicians and researchers working in the field of autism are generally not concerned with philosophical categories of kinds, a model for understanding the nature of autism is important for guiding research and clinical practice. Contemporary research in the field of autism is guided by the depiction of autism as a scientific object that can be identified with systematic neuroscientific investigation. This image of autism is compatible with a permissive account of natural kinds: the mechanistic property cluster (MPC) account (...) of natural kinds, recently proposed as the model for understanding psychiatric disorders. Despite the heterogeneity, multicausality and fuzzy boundaries that complicate autism research, a permissive account of natural kinds (MPC kinds) provides prescriptive guidance for the investigation of objective causal mechanisms that should inform nosologists in their attempt to carve autism’s boundaries at its natural joints. However, this essay will argue that a mechanistic model of autism is limited since it disregards the way in which autism relates to ideas about what kind of behavior is abnormal. As historical studies and definitions of autism show, normative issues concerning disability, impairment and societal needs have been and still are inextricably linked to how we recognize and understand autism. The current search for autism’s unity in neurobiological mechanisms ignores the values, social norms and various perspectives on mental pathology that play a significant role in 'the thing called autism’. Autism research needs to engage with these issues in order to achieve more success in the effort to become clinically valuable. (shrink)

The truth can be dangerous. It is because they realise this that the Roman Catholic Church forbid cremation. Cremation is, of course, theologically permissible, and in times of epidemic the Church allows it. But in normal times it is forbidden — Why? The reason is that the Church fears the influence of the image associated with it. It is difficult enough for the faithful to accept the notion of bodily resurrection after having seen a burial. But the image of the (...) whole body being consumed by flames and changing within a few minutes to a heap of ashes is an even more powerful apparent contradiction of the theological claim of bodily resurrection at the Day of Judgement. In short, instead of relying only on abstract theological argument, which very likely would not convince their flock in any case, the Church deals with this threat to faith by attacking the concrete image. (shrink)

The truth can be dangerous. It is because they realise this that the Roman Catholic Church forbid cremation. Cremation is, of course, theologically permissible, and in times of epidemic the Church allows it. But in normal times it is forbidden — Why? The reason is that the Church fears the influence of the image associated with it. It is difficult enough for the faithful to accept the notion of bodily resurrection after having seen a burial. But the image of the (...) whole body being consumed by flames and changing within a few minutes to a heap of ashes is an even more powerful apparent contradiction of the theological claim of bodily resurrection at the Day of Judgement. In short, instead of relying only on abstract theological argument, which very likely would not convince their flock in any case, the Church deals with this threat to faith by attacking the concrete image. (shrink)

The quest for molecular mechanisms that guide axons or specify synaptic contacts has largely focused on molecules that intuitively relate to the idea of an “instruction.” By contrast, “permissive” factors are traditionally considered background machinery without contribution to the information content of a molecularly executed instruction. In this essay, I recast this dichotomy as a continuum from permissive to instructive actions of single factors that provide relative contributions to a necessarily collaborative effort. Individual molecules or other factors do (...) not constitute absolute instructions by themselves; they provide necessary context for each other, thereby creating a composite that defines the overall instruction. The idea of composite instructions leads to two main conclusions: first, a composite of many seemingly permissive factors can define a specific instruction even in the absence of a single dominant contributor; second, individual factors are not necessarily related intuitively to the overall instruction or phenotypic outcome. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let them (...) speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Going back at least to Duhem, there is a tradition of thinking that crucial experiments are impossible in science. I analyse Duhem's arguments and show that they are based on the excessively strong assumption that only deductive reasoning is permissible in experimental science. This opens the possibility that some principle of inductive inference could provide a sufficient reason for preferring one among a group of hypotheses on the basis of an appropriately controlled experiment. To be sure, there are analogues to (...) Duhem's problems that pertain to inductive inference. Using a famous experiment from the history of molecular biology as an example, I show that an experimentalist version of inference to the best explanation (IBE) does a better job in handling these problems than other accounts of scientific inference. Furthermore, I introduce a concept of experimental mechanism and show that it can guide inferences from data within an IBE-based framework for induction. 1. Introduction2. Duhem on the Logic of Crucial Experiments3. ‘The Most Beautiful Experiment in Biology’4. Why Not Simple Elimination?5. Severe Testing6. An Experimentalist Version of IBE 6.1. Physiological and experimental mechanisms6.2. Explaining the data6.3. IBE and the problem of untested auxiliaries6.4. IBE-turtles all the way down7. Van Fraassen's ‘Bad Lot’ Argument8. IBE and Bayesianism9. Conclusions. (shrink)

McGowan has provided a linguistic mechanism that explains how speech can constitute harm. Her idea is that utterances routinely enact s-norms about what is permissible in a given context. My aim is to argue that these s-norms are sensitive to the conversational standing of the speaker. In particular, I claim that the strength of the norm enacted depends on the standing of the speaker. In some cases, the speaker might even lack the standing required to enact new s-norms.

In recent years, there has been an increase in the establishment of biobanks for genetic and genomic studies around the globe. One example of this is the Human Heredity and Health in Africa Initiative (H3Africa), which has established biobanks in the sub‐region to facilitate future indigenous genomic studies. The concept of ‘broad consent’ has been proposed as a mechanism to enable potential research participants in biobanks to give permission for their samples to be used in future research studies. However, (...) questions remain about the acceptability of this model of consent. Drawing on findings from empirical research about the role of trust in decision‐making, we argue that an account of entrustment may be an appropriate way of addressing current challenges of seeking consent for biobank research in Africa. We propose a set of key points to consider that can support the proposed entrustment framework. (shrink)

In recent years, a disagreement has erupted between two camps of philosophers about the rationality of bias toward the near and bias toward the future. According to the traditional hybrid view, near bias is rationally impermissible, while future bias is either rationally permissible or obligatory. Time neutralists, meanwhile, argue that the hybrid view is untenable. They claim that those who reject near bias should reject both biases and embrace time neutrality. To date, experimental work has focused on future-directed near bias. (...) The primary aim of this paper is to shed light on the debate by investigating past-directed near bias. If people treat the past and future differently with respect to near bias, by being future-directed but not past-directed near biased, then this supports a particular version of the hybrid view: temporal metaphysic hybridism. If people treat the past and future the same with respect to near bias, then this supports a simple version of time neutralism, which explains both future bias and near bias in terms of the functioning of a single mechanism: the anticipatory/retrospectory mechanism. Our results undermine the claim that people are future-directed, but not past-directed, near biased, and hence do not support temporal metaphysic hybridism. They also fail to support simple time-neutralism; instead, they suggest that there are multiple mechanisms that differently shape future- and past-directed preferences. (shrink)

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

We present evidence that preschool children oftentimes understand disjunctive sentences as if they were conjunctive. The result holds for matrix disjunctions as well as disjunctions embedded under every. At the same time, there is evidence in the literature that children understand or as inclusive disjunction in downward-entailing contexts. We propose to explain this seemingly conflicting pattern of results by assuming that the child knows the inclusive disjunction semantics of or, and that the conjunctive inference is a scalar implicature. We make (...) two assumptions about implicature computation in the child: that children access only a proper subset of the adult alternatives, and that children possess the adult capacity to strengthen sentences with implicatures. As a consequence, children are expected to sometimes not compute any implicatures at all, but in other cases they are expected to compute an implicature that is different from the adult implicature. We argue that the child’s conjunctive strengthening of disjunctive sentences realizes the latter possibility: the adult infers that the conjunction is false but the child infers that the conjunction is true. This behaviour is predicted when our assumptions about child development are coupled with the assumption that a covert exhaustive operator is responsible for strengthening in both the child and the adult. Specifically, children’s conjunctive strengthening is predicted to follow from the same mechanism used by adults to compute conjunctive free choice implicatures in response to disjunctive permission sentences. We furthermore argue that this parallel between the child and the adult extends to disambiguation preferences. In particular, we present evidence that children prefer to strengthen disjunctions to conjunctions, in matrix and embedded positions ; this result mirrors previous findings that adults prefer to compute free choice, at the root and under every. We propose a disambiguation strategy that explains the preference for conjunctive strengthening – by both the child and the adult – even though there is no general preference for exhaustification. Specifically, we propose that the preference for a conjunctive strengthening follows from a pragmatic preference for a complete answer to the Question Under Discussion. (shrink)

The Problem of Overlappers is a puzzle about what makes it the case, and how we can know, that we have the parts we intuitively think we have. In this paper, I develop and motivate an overlooked solution to this puzzle. According to what I call the self-making view it is within our power to decide what we refer to with the personal pronoun ‘I’, so the truth of most of our beliefs about our parts is ensured by the very (...) mechanism of self-reference. Other than providing an elegant solution to the Problem of Overlappers, the view can be motivated on independent grounds. It also has wide-ranging consequences for how we should be thinking about persons. Among other things, it can help undermine an influential line of argument against the permissibility of elective amputation. After a detailed discussion and defence of the self-making view, I consider some objections to it. I conclude that none of these objections is persuasive and we should at the very least take seriously the idea that we are to some extent self-made. (shrink)

Through expanded access protocols, the Food and Drug Administration (FDA) allows patients with serious or immediately life-threatening diseases access to experimental drugs outside the clinical trial setting when no satisfactory alternative treatment is available. While the FDA has established a mechanism for providing patients with unapproved drug access, the regulations do not require the pharmaceutical company to provide the drug. The drug company’s permission to use its experimental drug is a necessary prerequisite to using the FDA’s expanded access (...) class='Hi'>mechanism. Increasingly, drug companies are coming under scrutiny regarding the programs governing that decision-making power. Historically, disclosing whether a company has an expanded access program, and whether or how it would respond to an expanded access request, has been left to discretion of the drug companies themselves. Few manufacturers publish adequate expanded access protocols. As a result, patients were provided with little insight into how companies evaluate expanded access requests and are naturally skeptical as to the ethical integrity of the process. The recently passed 21st Century Cures Act changes that practice by requiring drug companies to have, and make publically available, their expanded access procedures including criteria for evaluating and responding to patient requests. In this article, we contend that complying with the new transparency provisions will require drug companies to respond to several unresolved expanded access issues. Namely, how to reconcile a patient’s desire to access lifesaving experimental therapies alongside the company and society’s interest in the efficient development of new drugs. Even more challenging, how can companies devise practices for evaluating and processing expanded access requests that also fairly and equitably acknowledge those concerns? In addressing these questions, this article explores the legal, regulatory, business, and societal influences that have shaped expanded access policies and practices. From there, we provide companies a framework that balances appropriately the desires of individuals and gaining the requisite approvals ensure access not just for one person but for society. (shrink)

Considering the mutual benefits of blockchain and transhumanism, this essay proposes crypto cloudminds as a safe mechanism by which the human mind might transcend its unitary limitations by permissioning partial resources to join a multi-party mind in a cloud-based environment. Cloudminds could have diverse purposes including problem solving, learning, experience, exploration, innovation, artistic expression, and other personal development activities. Crypto cloudminds could be multicurrency, operating with payment remuneration, security, and ideas as the denominations of measure. For thriving in the (...) future, mind node peers could enter “Yes-and” Payment Channels with one another for collaborative idea development. For surviving in the future, good-player behavior could be game-theoretically enforced with the simultaneous privacy-transparency property of blockchains, together with the immutable peer-confirmed consensus algorithm and audit-log checks and balances system. Overall, blockchains might serve as an institutional technology that is the basis for treaties and progress in a multi-species society of human, algorithm, and machine, guiding the way to positive transhuman futures. (shrink)

According to a causal model of explanation, we explain phenomena by giving their causes or, where the phenomena are themselves causal regularities, we explain them by giving a mechanism linking cause and effect. If we explain why smoking causes cancer, we do not give the cause of this causal connection, but we do give the causal mechanism that makes it. The claim that to explain is to give a cause is not only natural and plausible, but it also (...) avoids many of the objections to other accounts of explanation, such as the views that to explain is to give a reason to believe the phenomenon occurred, to somehow make the phenomenon familiar, or to give a Deductive-Nomological argument. Unlike the reason for belief account, a causal model makes a clear distinction between understanding why a phenomenon occurs and merely knowing that it does, and the model does so in a way that makes understanding unmysterious and objective. Understanding is not some sort of super-knowledge, but simply more knowledge: knowledge of the phenomenon and knowledge of its causal history. A causal model makes it clear how something can explain without itself being explained, and so avoids the regress of whys, since we can know a phenomenon's cause without knowing the cause of the cause. It also accounts for legitimate self-evidencing explanations, explanations where the phenomenon is an essential part of the evidence that the explanation is correct, so the explanation can not supply a non-circular reason for believing the phenomenon occurred. There is no barrier to knowing a cause through its effects and also knowing that it is their cause. The speed of recession of a star explains its observed red-shift, even though the shift is an essential part of the evidence for its speed of recession. The model also avoids the most serious objection to the familiarity view, which is that some phenomena are familiar yet not understood, since a phenomenon can be perfectly familiar, such as the blueness of the sky or the fact that the same side of the moon always faces the earth, even if we do not know its cause. Finally, a causal model avoids many of the objections to the Deductive-Nomological model. Ordinary explanations do not have to meet the requirements of the Deductive-Nomological model, because one does not need to give a law to give a cause, and one does not need to know a law to have good reason to believe that a cause is a cause. As for the notorious over-permissiveness of the Deductive-Nomological model, the reason recession explains red-shift but not conversely, is simply that causes explain effects but not conversely, and the reason a conjunction of laws does not explain its conjuncts is that conjunctions do not cause their conjuncts. (shrink)

Unlike Hanafī jurists, most of the jurists maintain that qiyās is permissible (jāʿiz) for the origins (aṣl) in which the qiyās rule is invalid, including ruhsat (permission); kaffarah (expiation) and ḥadd (penalties). Shāfiʿī jurists, Imam al-Shāfiʿī and his followers like al-Juwaynī, argue that Hanafī jurists are contradictory since they apply qiyās in many cases despite their judgment that qiyās is invalid, and on the contrary they defend that these are derived from the literal interpretation techniques out of qiyās format. Nevertheless, (...) Shāfiʿī jurists persist that they rule on the qiyās applications through Islamic jurisprudence inference methods (istinbāt) such as Islamic juristic preference (istiḥsān), even beyond qiyās. In his sense of search effective cause: ʿilla (taʿlil), al-Juwaynī focuses on the proper meaning/suitability (munāsaba). He runs the mechanism of taʿlil even in the presence of the deepest proper meaning. He customizes the formulation of the suitability (munāsaba)/proper meaning for the origins in which the qiyās’ rule is invalid. Kaffarah and ḥadd consequently expand the validity area and minimize the restricted area for qiyās. Al-Juwaynī’s approach agrees to his rational personality as well as the value that he appreciates for qiyās. In this paper, the aim of study is to identify the borders and limitations of qiyās in al-Juwaynī’s thought with discussions about the disagreements between the jurists in the specified areas.Summary: As a general principle, devoting (taʿabbud) is the foundation for jurisprudence for al-Imām al-Shāfiʿī and reasoning (taʿaqqul/taʿlīl) for Abu Hanīfa. Despite this, Abu Hanīfa and Hanafī jurists consider non-qiyās foundations (ma’dul bih ‘anil-qiyās) including the quantified ordinances (muqaddarāt/taqdīrat) and ruhsat (permission) as well as kaffarah (expiation) and ḥadd (penalty) as the banned areas for the analogy (qiyās) and profess that qiyās cannot be applied in these areas. It may be contradictory that they state in one hand that the foundation of rulings is taʿaqqul, and on the other hand, bars the above-mentioned areas for qiyās. On the contrary to their general approach, Shāfiʿī jurists, in particular, argue that it is untrue to absolutely exclude use of analogy in those areas, which are rather open to qiyās. Al-Imām al-Shāfiʿī and one of his followers, al-Juwaynī, describe that Hanafī jurists’ applications do not jibe with their principles so that they do refer the inference methods (istinbāt) (e.g. juristic preference: istiḥsān), furthering qiyās although they take qiyās as illicit in kaffarah and ḥadd. However, Hanafī jurists defend that they are not in a contradiction, and indeed they do not apply qiyās in kaffarah and ḥadd and derive their illations mostly from textual implications (dalālah) that are mostly out of qiyās format such as tanqīh al-maʿnā (isolating ʿilla), istidlāl, and dalālah al-naṣṣ (inferred meaning). As understood from the relevant arguments, applying qiyās in these areas is directly associated with the issue of potentiality for “the analogy in reason.” The type of qiyās that Hanafī jurists consider illicit in kaffarah and ḥadd is the analogical actions made for the reasons. One of the most rationalist representatives of Shāfiʿī uṣūl, al-Juwaynī pronounces that the method to determine ʿilla (cause) is fundamentally the suitability (munāsaba) that can be defined as “rational compatibility.” In his opinion, the ratiocination (taʿlīl) is based on this suitability. According to him, the indications of qiyās will be clear or it becomes practicable even in the presence of low-level, implicit suitability. Al-Juwaynī considers that it is licit to apply the analogy for the kaffarah and ḥadd as well as the non-qiyās foundations, including ruhsat and muqaddarāt or taqdīrat, whether direct or explicit (i.e. the meaning of analogy: qiyās al-maʿnā) or indirect or implicit (i.e. the commonality of analogy: qiyās al-shabah). In this context, one of Juwayni’s concern is “the matter of inherence in textual sources such as naṣṣ or the Qur’ān and the Sunna),” corresponding to the area where the judgment is based on a specific reason by naṣṣ. For him, a number of reasonable meanings can be inferred in these areas when it is critiqued independent of the uttered words. But the inherence mentioned in the texts of naṣṣ, indicates to avoid the use of analogy for making a judgment. Al-Juwaynī asserts that some fractional elaborate or detailed meanings cannot be obtained for physical prayers and only a set of universal meanings can be imagined. He defines that it is permissible to compare the reasons of physical worshipping with each other when any suitable meaning is present. He considers that for the permissibility of qiyās in ruhsat, it is adequate to find a meaning suitable for the judgment, and besides, the commonality of analogy (qiyās al-shabah) is applicable in the area of muqaddarāt or taqdīrat. Nevertheless, a patient’s condition is similar to that of a traveller in terms of ruhsat for not fasting (ṣavm). In al-Juwaynī’s way of thinking, patients should act like travellers for ruhsat to shorten (qaṣr) the prayers (ṣalāh) due to “requiring” as a proper meaning. However, as mentioned by al-Juwaynī, there is a consensus (ʿijmā or ittifāq) on the fact that a patient cannot shorten his or her prayers. Due to this impediment, it is understood that the rule of shortening their prayers (ṣalāh) is permissible for travellers but not for patients (manʿ al-ʿijmā’).In criminal cases, the right of oath before the court is belonging to the defendant, whereas to the claimant in kasāme, an oath method in unidentified murders. Taking an oath from the claimant is merely inherent to the kasāme application. Al-Juwaynī states that this inherence is known by the principle of being inherent to each circumstance (iḥtisās bi-l hāl), and with this aspect, kasāme is a closed area for qiyās. According to al-Juwaynī, contracts are suitable for qiyās because they have conditions such as offers and agreements explicitly stating the quality and quantity, and mutual assent. He describes that these are the reasons unavailable for qiyās with respect to their characteristics. With this, the contracts are among the reasonable sources in one respect and the unreasonable in another respect. Consequently, al-Juwaynī suggests that the analogy loses its functionality or validity in a limited number of the closed areas for qiyās, which are the static devotional judgments (taʿabbud) having no proper meaning, direct or indirect, or explicit or implicit; the areas where the judgment is made inherent to a specific reason by the naṣṣ (ihtisās bi-l-nass) (as in the example that sacrificing a female goat at the age of less than one year is a specific judgment for Burde b. Niyār). The point leads to the judgment is made inherent to a specific reason by the principle of ihtisās bi-hāl; and banned ʿijmā issues (as in the example of ʿijmā that it is agreed on the fact that patients cannot shorten (qaṣr) their prayers (ṣalāh), unlike travellers. Al-Juwaynī sees the application of qiyās as licit based on the availability of suitable meaning in all areas except for the above-mentioned issues. That he minimizes the closed areas for qiyās and widely expands the functionality of analogy is the reflections of the value that he gives to qiyās. (shrink)

Until now, it has mostly been assumed that the kind of health the human right to health is concerned with is clearly understood and universal. Here, I question this assumption and offer an explicitly political and pluralistic account of health that is designed to help guide international and cross-cultural interventions on behalf of health. In order to be a useful mechanism of accountability, the human right to health needs an enforceable minimum standard of health by which to judge situations (...) and to determine if a violation of rights has occurred, but due to its international nature, it also needs to admit a large degree of cultural flexibility. With the account of health that I provide, I hope to clarify what makes up that minimum standard in a way that avoids unjustified parochial bias, while not being so permissive as to undermine the political force of a universal human right. (shrink)

This article presents the Islamic bioethical deliberation on the issue of sex assignment surgery for infants with disorders of sex development or intersexed as a case study. The main objective of this study is to present a different approach in assessing a biomedical issue within the medium of the Maqasid al-Shari’ah. Within the framework of the maqasidic scheme of benefits and harms, any practice where benefits are substantial is considered permissible, while those promoting harms are prohibited. The concept of Maqasid (...) al-Shari’ah which is the mechanistic interpretation of Qur’an and Hadith presents the holistic attention of Islam on many life activities, including healthcare. Indeed, this concept encompasses many aspects of worldly life, both for the human individual and collectively for the whole society. In healthcare, the practice of SAS on DSD newborns has presented an assortment of implications on the future livelihood of the affected individual. The process of decision-making seems to be very multifaceted since every element such as the determination of the ‘correct’ sex and the urgency of early surgery must consider the benefits and harms, as well as the child’s rights and best interest. The application of the concept of Maqasid al-Shari’ah, would convey a pragmatic approach that is often disregarded in Western medicine. This approach considers the right of the individual to live life optimally, individually and socially and practice his faith, precisely, in accordance with the assigned gender. (shrink)

Objective To obtain information about the similarities and differences in regulating different types of medical research in the European Union .Methods Web searches were performed from September 2009 to January 2011. Notes on pre-determined topics were systematically taken down from the web pages. The analysis relied only on documents and reports available on the web, reflecting the situation at the end of 2010.Results In several countries, regulatory legislation applied only to clinical trials on drugs and medical devices, in other states (...) various types of research were also regulated but by laws different from those concerning trials, and in many countries, some research areas were not controlled by legislation at all. In very few countries was all medical research handled similarly from a legal point of view. The number of research ethics committees in a single country varied from one to 264. Their areas of responsibility, working principles and length of time to grant research permission varied as well as the rules for obtaining informed consent from vulnerable groups. In 10 EU countries, there was no appeal mechanism after a negative decision by an REC. The RECs were not accountable to any organisation in five EU countries.Conclusions There is a need for a fundamental debate regarding whether and which kinds of changes are needed for the further harmonisation of medical research governance in the EU and how cross-country medical research could be facilitated in the future. (shrink)

We argue that, to be trustworthy, Computa- tional Intelligence (CI) has to do what it is entrusted to do for permissible reasons and to be able to give rationalizing explanations of its behavior which are accurate and gras- pable. We support this claim by drawing par- allels with trustworthy human persons, and we show what difference this makes in a hypo- thetical CI hiring system. Finally, we point out two challenges for trustworthy CI and sketch a mechanism which could (...) be used to gener- ate sufficiently accurate as well as graspable rationalizing explanations for CI behavior. (shrink)

Suppose that a school restricts student expression critical of homosexual conduct yet allows or actively supports student expression that promotes acceptance and tolerance of gays and lesbians. Can such a policy be justified if the anti-gay speech disrupts the educational environment of the school while the pro-gay speech does not? Or does the differential treatment of anti-gay and pro-gay speech constitute unconstitutional viewpoint discrimination because it distorts the marketplace of ideas within the school? Can viewpoint discrimination ever be justified on (...) the ground that anti-gay speech invades the rights of others under Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)? These were among the questions debated by Judges Reinhardt and Kozinski in the Ninth Circuit's now-vacated panel opinion in Harper v. Poway Unified School District, 445 F.3d 1166 (9th Cir. 2006), but their significance to the law of student speech is quite general. Courts are increasingly becoming concerned with the question of whether Tinker allows viewpoint-based restrictions of student speech, but so far jurists have not reached agreement on this question or even on the simpler question of what counts as viewpoint discrimination. This article attempts to clarify the emerging debate about the permissibility of viewpoint discrimination under Tinker and proposes modifications to the Tinker framework that would enable courts to deal more fruitfully with charges that school officials have imposed viewpoint-based restrictions on student speech. I argue that we should think of viewpoint discrimination as purposeful restriction of expression on the basis of governmental disagreement with the message. Tinker must be understood to bar purposeful viewpoint discrimination, but the conclusion that a school speech restriction constitutes purposeful viewpoint discrimination will come at the end rather than at the beginning of constitutional analysis. A school will never announce that it has restricted student speech on the basis of disagreement with the message; instead, it will claim that it has regulated speech to prevent harm. And this is something that schools (and the state more generally) may sometimes do - at least with sufficient justification. Tinker obviously contemplates the regulation of speech where necessary to prevent two specific sorts of harms - disruption to the school's mission and violations of the rights of other students - and so must require courts to distinguish between school speech restrictions based on impermissible ideological purposes and those based on the permissible purposes of preventing disruptions or violations of student rights. Tinker's substantial disruption test, I contend, should primarily be understood as a mechanism for helping courts to smoke out these impermissible purposes. (shrink)

In this article, I maintain that the anti-theoretical spirit which pervades Williams's ethics is close to the Humean project of developing and defending an ethics based on sentiments which has its main focus in the virtues. In particular, I argue that there are similar underlying themes which run through the philosophies of Hume and Williams, such as the view that a correct ethical perspective cannot avoid dealing with a broader theory of human nature; the conviction that this inquiry cannot be (...) developed in abstraction from the contingencies which are distinctive of the lives of flesh-and-blood human beings driven by passions; and the belief that the notion of character plays a key role in identifying and morally evaluating such lives. Finally, Williams' account of the psychological mechanism of shame in explaining character formation bears a strong resemblance to Hume's treatment of the passion of humility. [ABSTRACT FROM AUTHOR] Copyright of Utilitas is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to alls.). (shrink)

The field of bioethics aims to ensure that modern scientific and technological advancements have been primarily developed for the benefits of humankind. This field is deeply rooted in the traditions of Western moral philosophy and socio-political theory. With respect to the view that the practice of bioethics in certain community should incorporate religious and cultural elements, this paper attempts to expound bioethical tradition of the Malay-Muslim community in Malaysia, with shedding light on the mechanism used by the National Fatwa (...) Council to evaluate whether an application of biological sciences is ethical or not. By using the application of the genetically modified food as a case study, this study has found that the council had reviewed the basic guidelines in the main references of shari'ah in order to make decision on the permissibility of the application. The fatwa is made after having consultation with the experts in science field. The council has taken all factors into consideration and given priority to the general aim of shari'ah which to serve the interests of mankind and to save them from harm. (shrink)

This thesis examines philosophical controversies surrounding the evaluation of medical treatments, with a focus on the evidential roles of randomised trials and mechanisms in Evidence-Based Medicine. Current 'best practice' usually involves excluding non-randomised trial evidence from systematic reviews in cases where randomised trials are available for inclusion in the reviews. The first paper challenges this practice and evaluates whether adding of evidence from non-randomised trials might improve the quality and precision of some systematic reviews. The second paper compares the alleged (...) methodological benefits of randomised trials over observational studies for investigating treatment benefits. It suggests that claims about the superiority of well-conducted randomised controlled trials over well-conducted observational studies are justified, especially when results from the two methods are contradictory. The third paper argues that postulating the unpredictability paradox in systematic reviews when no detectable empirical differences can be found requires further justification. The fourth paper examines the problem of absence causation in the context of explaining causal mechanisms and argues that a recent solution is incomplete and requires further justification. Solving the problem by describing absences as causes of 'mechanism failure' fails to take into account the effects of absences that lead to vacillating levels of mechanism functionality. The fifth paper criticises literature that has emphasised functioning versus 'broken' or 'non-functioning' mechanisms emphasising that many diseases result from increased or decreased mechanism function, rather than complete loss of function. Mechanistic explanations must account for differences in the effectiveness of performed functions, yet current philosophical mechanistic explanations do not achieve this. The last paper argues that the standard of evidence embodied in the ICE theory of technological function is too permissive for evaluating whether the proposed functions of medical technologies have been adequately assessed and correctly ascribed. It argues that high-quality evidence from clinical studies is necessary to justify functional ascriptions to health care technologies. (shrink)

Critics of clinical equipoise have long argued that it represents an overly permissive, and therefore morally unacceptable, mechanism for resolving the tensions inherent in clinical research. In particular, the equipoise requirement is often attacked on the grounds that it is not sufficiently responsive to the interests of individual patients. In this paper, we outline a view of equipoise that not only withstands a stronger version of this objection, which was recently articulated by Deborah Hellman, but also plays important (...) roles in clarifying the discussion. (shrink)

:Recent behavioral economics studies have shown that third parties compensate players in Dictator, Ultimatum, and Trust games. However, there are almost no studies about what drives third parties to compensate victims in such games. It can be argued that compensation is a form of helping; and helping behavior, in a variety of forms, has been widely researched, especially with regard to motivators. Previous work on helping behavior has focused on empathic concern as a primary driver. In sharp contrast, anger is (...) often seen as an antisocial motivator resulting in aggression. However, other research has shown that moral outrage, anger evoked by the violation of a moral rule or a social norm, can lead to the punishment of a perpetrator, often described as altruistic or pro-social punishment. Some of the motivations for pro-social punishment, namely a concern for justice or the restoration of community values, can also be realized through victim compensation. We therefore propose the hypothesis that moral outrage leads to compensating behavior above and beyond what is predicted by empathic concern, but only when a social norm has been violated. We test this hypothesis in two studies, both of which use modified trust games in which the investor experiences a loss due either to a social norm violation or some other cause. Study 1 shows that trait moral outrage predicts third-party compensatory behavior above and beyond empathic concern, but only when a social norm is violated. To better understand the causal mechanism, Study 2 directly manipulated moral outrage, showing again that moral outrage leads to compensation, but only when a social norm is violated. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.I’M SO ANGRY I COULD HELP YOU: MORAL OUTRAGE AS A DRIVER OF VICTIM COMPENSATIONVolume 32, Issue 2Erik W. Thulin and Cristina Bicchieri DOI: https://doi.org/10.1017/S0265052516000145Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. I’M SO ANGRY I COULD HELP YOU: MORAL OUTRAGE AS A DRIVER OF VICTIM COMPENSATIONVolume 32, Issue 2Erik W. Thulin and Cristina Bicchieri DOI: https://doi.org/10.1017/S0265052516000145Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. I’M SO ANGRY I COULD HELP YOU: MORAL OUTRAGE AS A DRIVER OF VICTIM COMPENSATIONVolume 32, Issue 2Erik W. Thulin and Cristina Bicchieri DOI: https://doi.org/10.1017/S0265052516000145Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The right to resist and the right to rebel have again become relevant as legal problems. Their justifications traditionally derive from natural law, human rights, the principle of the lesser evil or of the social contract. Interpretation of the right to resist expresses the tendencies to the law of people, in particular, the right to self-determination, distinguishing national and international understanding, and underscores the special nature of such right. Also, two-level research of the right to resist should be distinguished research (...) of the right to resist – the first is a debate about the nature character and legislative consolidation of this right, partly focused on preventive-limiting its properties, whereas the second one is updated at the time of social upheaval and legal concerns, and it contains not only the evaluation of the events, but sometimes attempts to justify ex post risk of abuse and original post-legitimation of public authorities. An important condition for the existence of the right to resistance is a legitimate aim. This could be called the internal condition, which is provided by those who implement this right. Other condition (which can be called external) and the base of implementation should recognize certain actions, acts or decisions by public authorities – those that violate human rights are illegal and unfair. At the same time, the purpose and result of the right to resistance may be changes in the public authorities, the termination of abuse of authority and violation of human rights by its agents, return to democratic legal regime or change in the constitutional system, aimed at creating a state of law, as well as in some cases, when combined with the right to self-determination, – the achievement of independence. The author of the present paper considers that the right to resist is an individual right, a human right. The author inclines to the idea of the collective nature of the right to resist implementation, but warns against simply counting the number of persons engaged in it. In other words, it does not matter how many people commit acts, but it does matter how many people support them. Considering the modalities of implementing the right to resist, it should be noted that these forms can be active or passive, expressed in actions directly or indirectly. The right of rebellion is an extreme form of the right to resist, which is carried out in case if the non-violent means of resistance are exhausted or proved ineffective. The conditions (and bases) of the right of rebellion are phenomena, such as the following: (1) massive human rights violations by public authorities (quantitative criterion); (2) systematic human rights violations by public authorities (accumulating criterion); or (3) extraordinary human rights violations by public authorities (criterion by serious, explicit and violent nature of the violation). Ambiguous is an issue of the limits of the right of rebellion, its permission and proportion, as well as whether it is possible to develop a mechanism for exercising this right. (shrink)

The paper defends an account of the context-sensitivity of norms that draws on the resources of counterfactual conditionals. The account combines two assumptions: the assumption that permission is rule-abiding performance in some contextually relevant situations; and the assumption that the contextually relevant situations are picked out by the mechanism that selects the possible worlds relevant for the evaluation of counterfactual conditionals. The account explains the non-monotonicity of permissions and solves a puzzle, raised by Timothy Williamson, about the seeming failure (...) of permissions to distribute over conjunction. In the domain of epistemic norms, the account solves an analogous puzzle and deals successfully with so-called blindspot propositions. (shrink)

The proportion of the genome encoding intrinsically unstructured proteins increases with the complexity of organisms, which demands specific mechanism(s) for generating novel genetic material of this sort. Here it is suggested that one such mechanism is the expansion of internal repeat regions, i.e., coding micro‐ and minisatellites. An analysis of 126 known unstructured sequences shows the preponderance of repeats: the percentage of proteins with tandemly repeated short segments is much higher in this class (39%) than earlier reported for (...) all Swiss‐Prot (14%), yeast (18%) or human (28%) proteins. Furthermore, prime examples, such as salivary proline‐rich proteins, titin, eukaryotic RNA polymerase II, the prion protein and several others, demonstrate that the repetitive segments carry fundamental function in these proteins. In addition, their repeat numbers show functionally significant interspecies variation and polymorphism, which underlines that these regions have been shaped by intense evolutionary activity. In all, the major point of this paper is that the genetic instability of repetitive regions combined with the structurally and functionally permissive nature of unstructured proteins has powered the extension and possible functional expansion of this newly recognized protein class. BioEssays 25:847–855, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been attributed (...) to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

Human genetic research databases cast a new light on the controversial issue of which uses of the human body are morally permissible. More specifically, banking human tissue raises issues relating to the ownership of the samples that the participants have donated, to the ownership of the data that are derived through processing the donated samples, and to the management arrangements that better balance the interest of genetic research with the protection of participants' rights. Winickoff & Winickoff suggest that the charitable-trust (...) model is a superior legal arrangement for biobanking compared with private biobanking. This paper critically assesses Winickoff & Winickoff's claim by highlighting some areas of implementation where such a model could be problematic. The charitable trust is certainly an advantageous arrangement because (1) it favors the separation between control and use of the samples, (2) it provides a procedural mechanism that facilitates the participation donor groups in the biobank management and (3) it mediates the different interests that are affected. On the other hand, the charitable-trust model leaves unresolved several issues--among them the ownership of the sample, the right of withdrawal, access and funding mechanism. I conclude that further theoretical and empirical analysis is required in the area. (shrink)

AbstractEnduring unethical behavior in trading has generated much research interest, and scholars disagree on the reasons for this situation. According to MacIntyre (2015), this has to do with the personal traits of traders, whereas Rocchi and Thunder (2019) argue this is due to permissive work environment that can potentially be changed to favoring ethical trading. We contribute to this debate by exploring how interactions between organizational culture and management control systems (MCSs) may affect the enduring unethical behaviors of traders. (...) We conceptualize this with the concepts of organized hypocrisy (Brunsson 1986, 1989, 1993) and decoupling (Meyer and Rowan 1977). An in-depth case study of fraud (Jerome Kerviel at Societe Generale), informs the empirical inquiry. We develop the concept of organized decoupling to characterize how the MCSs are articulated with the organizational culture favoring unethical behavior, while being used as a ‘safety mechanism’ to manage the legal and reputational risk of the bank. The analysis highlights three key features of the organized decoupling of MCS: physical distance, technical distance and social distance. The study contribution lies in showing that decoupling is not only emergent but might be intended and therefore organized. The findings also raise doubts on the role of MCSs in monitoring trading activities as presented by investment banking institutions and regulators, suggesting more organized hypocrisy, and raising significant concerns regarding the creation of tolerable work environment welcoming ethical behaviors in the investment banking sector. (shrink)

As a normative concept, consent can perform the “moral magic” of transforming the moral relationship between two parties, rendering permissible otherwise impermissible actions. Yet, as a governance mechanism for achieving ethical data practices, consent has become strained—and AI has played no small part in its contentious state. In this chapter we will describe how consent has become such a controversial component of data protection as artificial intelligence systems have proliferated in our everyday lives, highlighting five distinct issues. We will (...) then lay out what we call consent’s “moral core,” which emphasizes five elements for meaningful consent. We next apply the moral core to AI systems, finding meaningful consent viable within a particular digital landscape. Finally, we discuss the forces driving some commentators away from individual consent and whether meaningful consent has a future in a smart world. (shrink)

The paper deals with Forward exchange contracts and Swap exchange contracts, These two types of contracts are among the most prominent types of financial derivative contracts that arose after the collapse of the Bretton Woods system in 1971 or the so-called Nixon shock, where the convertibility of the dollar into gold was stoped, which led to turmoil in the exchange rates of the currencies of many countries and the emergence of the need to stabilize the exchange rate Currencies in transactions (...) where the delivery of the two exchanges is delayed. This research has studied forward exchange contracts and swap exchange contracts in four sections. The first section defines the Forward exchange contract, which is a contract in which the two parties commit to exchange a specified amount of foreign currencies on a forward date, at a price agreed upon in advance. The elements and elements that must be mentioned in this contract, such as the seller and buyer, the size of the contract, the date of delivery and the forward exchange rate, were mentioned in this section, with an illustrative example of the mechanism of conducting this contract. In addition to addressing the differences between forward exchange contracts and future exchange contracts, the characteristics of forward exchange contracts and the purposes of those dealing with them from hedging and speculation are mentioned in this section. The second section has been devoted to the definition of swap exchange contracts, it is for the two parties to the contract to agree that one of them buys from the other a specific amount of a currency in exchange for a specific amount of another currency and at the current exchange rate, provided that the two exchanges are delivered immediately, and in the same contract, the two parties agree to make a forward reverse exchange contract, at a price determined within Contract, and to clarify the picture of swap exchange contracts, an example has been given to illustrate the mechanism for conducting this type of contract. In the third section, the views of contemporaries scholars regarding the İslamic law of the forward exchange contract were discussed, where the opinion of the objectors was mentioned at all and the evidence they inferred from it. And then the opinion of those who advocate the permissibility of forward exchange contracts that are in the form of a dating that is not binding on both parties together, provided that there is nothing in the dating that indicates that it is a contract of sale and provided that a new contract is delivered independent of the dating. Then I discussed the opinion and evidence of the impediments in four points, and I concluded that the most correct opinion at the first is the impermissibility of the forward exchange contract in the form such as the traditional banks do it because of the deception it contains. But I recanted and permitted this type of contract in two cases, the first: the case of need with the absence of an alternative, and the second: the case that transaction is not binding dating for both parties and on some terms. Some contemporary scholars suggested conducting buying and selling operations in the same currency as an alternative to forward exchange contracts, and some of them suggested that Islamic banks should have a common unit of account to settle accounts between the parties to commercial transactions. But in my opinion two solutions are often not feasible. As for the fourth section, I dealt with the opinions of contemporary scholars in the swap exchange contract. it seems likely to me that swap currency exchange contracts are nothing but a usurious loan that is prohibited by Sharia. Because when examining the mechanism of conducting this type of contract, it turns out that one of the parties lent the other an amount in one currency in exchange for the other lending him an amount in another currency under the name of the spot exchange contract. Since one of the two parties requires the other to increase what he lent - if the exchange rate of the Forward exchange contract is different from the Spot exchange rate, which is predominant - under the name of the Forward exchange contract, then this process is nothing but a usurious loan. I supported the proposal to exchange loans in different currencies as a İslamic alternative to transaction contracts, provided that there is no preference for one party over another, and there is no usurious increase. And in order to solve the problem of the high rate of currency inflation of one of the two loans more than the other, the researcher suggested adding the inflation rate to the two loans when they are performed. (shrink)

US law continues its historical trend of growing more permissive towards actors who engage in violent action in purported self-defense. We draw on some informal game theory to show why this is strategically irrational and suggest rolling back self-defense doctrines like stand your ground to earlier historical precedents like duty to retreat.

This paper argues that abortion access is an important subject for bioethics scholarship and reflects on the relationship between legal frameworks and access to care. The author uses the example of the United Kingdom to examine the benefits and limitations of abortion-permissive legal frameworks in terms of access. These are legal frameworks that enable the provision of abortion but subject to restrictions. An abortion-permissive regime—first in Great Britain and then in Northern Ireland—has gone some way to improving access (...) to care over time. However, aspects of the regime (that lead to its description as permissive rather than supportive of abortion) have the potential to endanger abortion access in the future and so legal reform is necessary. (shrink)

In this paper I argue against Simion’s (Citation2018) Epistemic Limiting Procedure for conceptual engineering and put forward a more permissive alternative, according to which epistemic losses do not systematically block amelioration, but merely provide reasons against it. On this less restrictive view, epistemic losses will be permissible, provided that they are compensated by the non-epistemic gains of the amelioration. After fleshing out the details of my proposal, I discuss two case studies in relation to which Simion’s restrictive procedure seems (...) to yield the wrong predictions. I argue that my alternative accommodates these cases significantly better. (shrink)

Explanations in the life sciences frequently involve presenting a model of the mechanism taken to be responsible for a given phenomenon. Such explanations depart in numerous ways from nomological explanations commonly presented in philosophy of science. This paper focuses on three sorts of differences. First, scientists who develop mechanistic explanations are not limited to linguistic representations and logical inference; they frequently employ diagrams to characterize mechanisms and simulations to reason about them. Thus, the epistemic resources for presenting mechanistic explanations (...) are considerably richer than those suggested by a nomological framework. Second, the fact that mechanisms involve organized systems of component parts and operations provides direction to both the discovery and testing of mechanistic explanations. Finally, models of mechanisms are developed for specific exemplars and are not represented in terms of universally quantified statements. Generalization involves investigating both the similarity of new exemplars to those already studied and the variations between them. (shrink)

After a decade of intense debate about mechanisms, there is still no consensus characterization. In this paper we argue for a characterization that applies widely to mechanisms across the sciences. We examine and defend our disagreements with the major current contenders for characterizations of mechanisms. Ultimately, we indicate that the major contenders can all sign up to our characterization.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 301-312 [Access article in PDF] Kant on Property: The Problem of Permissive Law Brian Tierney In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental (...) importance for understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literature. 1 Since then others have taken up the theme, but it remains relatively neglected in the vast modern literature on Kant. In the work of Brandt and in some other recent explorations of this question a primary concern has been to relate Kant's doctrine to other aspects of his critical theory. Brandt himself, for instance, compared the "provisional" and "peremptory" rights mentioned in the Doctrine of Right with the "problematic" and "assertoric" judgments of the Critique of Pure Reason. The problem that I want to consider is rather different. In the following study I want to consider primarily the internal structure of the Doctrine of Right and specifically to ask whether Kant's appeal to permissive natural law served a constructive purpose in the theory of property that he presented in that work or whether it was perhaps subversive of the argument that he developed. 2 This will require [End Page 301] some discussion of the other usages of the idea of permissive law that we find scattered in Kant's later writings. In pursuing such an inquiry we encounter various difficulties and apparent anomalies in Kant's teaching. I want finally to suggest that we might understand those difficulties better if we were to situate Kant's work in a broader historical context than those that have previously been considered, bearing in mind that the concept of permissive natural law had been discussed by jurists and political philosophers for several centuries before Kant took up the argument. Kant on Property When approaching Kant's Doctrine of Right it may be salutary to recall a remark of Mary Gregor, the translator of the work and a sympathetic reader of it. "Kant has never been accused of underestimating his readers," Gregor wrote, "but he seldom treats them so harshly." 3 The difficulty of the work is compounded by the fact that the text as we have it is apparently in a mutilated condition, with some passages transposed from their original contexts. Any reading of such a text will be open to dispute; but it seems necessary to attempt at least an outline of Kant's doctrine and to mention some of its complexities if we are to understand the function of permissive natural law in the argument presented.Kant's purpose was to formulate a doctrine of property based on reason alone, a doctrine in which "abstraction is made from all spatial and temporal conditions." 4 The principles he deduced were intended to apply to anyone "merely because and insofar as he is free and has practical reason." 5 The whole subsequent argument revolved around these concepts of practical reason and human freedom. Kant began by presenting some basic propositions and definitions. Obligation, he wrote, was "the necessity of a free action under a categorical imperative of reason." And an action was permitted or licit when it was not contrary to obligation. This freedom of action was called a moral faculty (facultas moralis). 6 According to Kant, the only innate right inhering in all persons was a right to freedom (defined as "independence from being coerced by another's [End Page 302] choice") insofar as this freedom could coexist with the freedom of all others. 7 A corresponding universal law of Right established the rule: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone in accordance with a universal law." 8External laws imposed by another evidently did hinder one's freedom. Kant therefore held that a person was... (shrink)

This paper presents a counterfactual account of what a mechanism is. Mechanisms consist of parts, the behavior of which conforms to generalizations that are invariant under interventions, and which are modular in the sense that it is possible in principle to change the behavior of one part independently of the others. Each of these features can be captured by the truth of certain counterfactuals.

I use some recent formal work on measuring causation to explore a suggestion by James Woodward: that the notion of causal specificity can clarify the distinction in biology between permissive and instructive causes. This distinction arises when a complex developmental process, such as the formation of an entire body part, can be triggered by a simple switch, such as the presence of particular protein. In such cases, the protein is said to merely induce or "permit" the developmental process, whilst (...) the causal "instructions" for guiding that process are already prefigured within the cells. I construct a novel model that expresses in a simple and tractable way the relevant causal structure of biological development and then use a measure of causal specificity to analyse the model. I show that the permissive-instructive distinction cannot be captured by simply contrasting the specificity of two causes as Woodward proposes, and instead introduce an alternative, hierarchical approach to analysing the interaction between two causes. The resulting analysis highlights the importance of focusing on gene regulation, rather than just the coding regions, when analysing the distinctive causal power of genes. (shrink)

The Higgs mechanism gives mass to Yang-Mills gauge bosons. According to the conventional wisdom, this happens through the spontaneous breaking of gauge symmetry. Yet, gauge symmetries merely reflect a redundancy in the state description and therefore the spontaneous breaking can not be an essential ingredient. Indeed, as already shown by Higgs and Kibble, the mechanism can be explained in terms of gauge invariant variables, without invoking spontaneous symmetry breaking. In this paper, we present a general discussion of such (...) gauge invariant treatments for the case of the Abelian Higgs model, in the context of classical field theory. We thereby distinguish between two different notions of gauge: one that takes all local transformations to be gauge and one that relates gauge to a failure of determinism. (shrink)

This article presents a distinct sense of ‘mechanism’, which I call the functional sense of mechanism. According to this sense, mechanisms serve functions, and this fact places substantive restrictions on the kinds of system activities ‘for which’ there can be a mechanism. On this view, there are no mechanisms for pathology; pathologies result from disrupting mechanisms for functions. Second, on this sense, natural selection is probably not a mechanism for evolution because it does not serve a (...) function. After distinguishing this sense fromsimilar explications of ‘mechanism’, I argue that it is ubiquitous in biology and has valuable epistemic benefits. (shrink)