At the intersection of religion and sexuality, this article explores how lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people navigate dynamics of inclusion and exclusion within faith-based settings. Situated in a postcolonial setting, and with a specific focus on South Africa, the article delineates the oppressive dynamics at work at this intersection, along with how these are resisted through contemporary forms of activism. Grounded in a feminist analysis of relevant literature and of the field of activism in question, and (...) supplemented by interviews with key informants, the research offers a conceptual framework to advance transformative inclusion for LGBTIQ people within, and against, the dominant institutions, discourses and practices of faith.Contribution: This article contributes to the field of scholarship that concerns activism on sexual and gender rights in faith-based settings. It straddles theory and practice, offering an epistemological grounding for political action that advances the rights of LGBTIQ people. In bringing practitioner insights into academic discourse, the article adds to the burgeoning academic enquiry in this area, and offers a conceptual approach for supporting existing and new initiatives against marginalisation, exclusion and violence at the hands of faith. (shrink)

The author of the article analyzes the constitutional doctrine of the dismissal of a judge from office upon the expiration of the term of powers. The author discusses the guarantees of the independence of courts and judges, one of which is the guarantee of the inviolability of the length of powers of judges. The previously valid Law on Courts used to provide that the President of the Republic could appoint a person as a judge of a local court (...) when such an appointment is made for the first time, for a five-year term, and that upon the expiration of the five-year term, the President of the Republic could appoint such a person as a judge of a local court without examination or selection until the person reaches the age of 65. Under the Law on Courts valid at present, judges of all courts are appointed at once for the term until they reach 65 years of age. It is asserted in the article that the Constitution of the Republic of Lithuania has not established the right of a person, who was for the first time appointed as a judge of a local court for a five-year term, to be appointed as a judge until he reaches 65 years of age. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

This study attempts an exposition of different perceptions of obligation to medical treatment that have emerged from the Islamic theological understanding and how they contribute to diversity of options and flexibility in clinical practice. Particularly, an attempt is made to formulate an Islamic perspective on ordinary and extraordinary means of medical treatment. This distinction is of practical significance in clinical practice, and its right understanding is also important to public funded healthcare authorities, guardians of the patients, health and life insurance (...) institutions, and employers who provide health care coverage to their employees. Not only these parties, but also lawyers and justice administration functionaries such as public prosecutors and judges are in need of understanding this distinction to deal with relevant litigations. The distinction could be made regarding terminally ill patients and non-terminally ill patients separately. The essential factors that matter in making the distinction between ordinary and extraordinary means of treatment are: (1) patient capacity (2) expert advice, and (3) nature of medication. Regarding terminally ill patients, medical treatment can become extraordinary because of (1) patient capacity and (2) nature of medication. In both these case the deciding condition applies: the expert advice taken from a group of physicians. In regards to non- terminally ill patients, extraordinary medical treatment includes three cases: (1) treatment that is known to be useless and futile, (2) treatment that endangers the life or cause more harm than what it removes, and (3) useful treatment, but the patient is unable to bear the cost. (shrink)

According to the classical paradigm of the judicial act, the courthouse is a temple and the hearing is a ceremony. Even when secularized, justice rests upon a ritual and a ceremonial which confer on it both its sacredness and its authority. The origins of this staging are rooted in myth, religion and cosmogony which stem from the mediation of symbols. Through this ornamentation, the paternal figure is made present and guarantees, in a kind of irrational way, the authority of the (...) institution. Since the mid nineties, the judicial institution has been emancipated from its staging. The modern goals of functionality and transparency of public services have progressively led to the abandoning of the sacredness of the judicial act, thus threatening its symbolic function. The purpose of this contribution is to highlight, through a semiotic approach, the dialectic opposing modernity and the authority of the judicial institution. (shrink)

Saying so can make it so, J. L. Austin taught us long ago. Famously, John Searle has developed this Austinian insight in an account of the construction of institutional reality. Searle maintains that so-called Status Function Declarations, allegedly having a “double direction of fit”, synchronically create worldly institutional facts, corresponding to the propositional content of the declarations. I argue that Searle’s account of the making of institutional reality is in tension with the special theory of relativity—irrespective of whether the (...) account is interpreted as involving causal generation or non-causal grounding of worldly institutional facts—and should be replaced by a more modest theory which interprets the results of Status Function Declarations in terms of mere Cambridge change and institutional truth. I end the paper by indicating the import of this more modest theory for theorizing about the causal potency of institutional phenomena generated by declarations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AS INSTITUTION IN AFRICAN RELIGIOUS EXPERIENCE: A CASE STUDY OF RWANDA Malachie Munyaneza UnitedReform Church, London I. Introduction Violence is a phenomenon. It is multidimensional and multifarious. It is physical, geographical, spiritual, psychological, sudden or latent. It is metaphysical, because for some religious beliefs, it involves the deed-consequences scheme in terms of rewards and punishments, even beyond this world into the otherworldly life. It is an instrument (...) used in one's own life (suicide), in the simple family, in the small-scale societies, as well as in the multi-ethnic social settings. It can be a national, multinational and universal phenomenon. It presents some contradictions, because, though it is abhorred in general, some individuals or states use it as a means to achieve ultimate good or misuse it for their own selfish interests. It becomes more of a repulsive mystery when it is seen as institutional and integral partofreligionwhich fundamentallyshould avoid it. Between April and July 1994, the media ofthe world brought images ofthe mostviolent episode ofRwandan history into the living rooms ofthis planet's population. The magnitude ofthe genocide of 1994 was unprecedented in this century. Up to one million of people are estimated to have been killed within only one hundred days. It is difficult to understand the magnitude ofthis violence. Tribal conflicts in Rwanda, colonial powers, political manipulations and economic problems alone are not enough to explain whathas happened. Political analysts, sociologists, anthropologists have tried to understand whetherthe political instability ofthe late 80s, the malfunction of political institutions, the October War (1990-94) and the 40Malachie Munyaneza consequent war atrocities could have necessarily culminated in the genocide the world witnessed. Fundamental questions about the whole philosophy oflife and religion in the history ofRwandaand its relationship to violence are to be addressed too, because they touch the inner being of the outward physical person. People have the right to know what has gone wrong all along in all areas of their life. This paper will try to look at religious beliefs and violence as institution in ancient and modern Rwanda in its magico-religious context and its implications in the social structure. As I am only a debutante Girardian, I will discuss only the key terms ofhis theory—mimesis, desire and scapegoating—as they guide my reflections.?. Religious beliefs and violence Generally, Rwanda is viewed as a monotheistic country. All Rwandan ethnic groups believed in the only one heavenly Superior Being called Imana. Though Rwandansrecognized Imanaasthe SupremeBeing, Creator and Sustainer ofall life, they did not have a special service ofworship to him at a central place. They thought it was temerity to try and please or influence God because ifyou try you would not find enough to match his greatness and his merits. A Rwandan saying tells that you cannot handle God because ifyoutryyou would paydearly.1 Imana is the Ancientofdays as it is expressed in the name "Habiyakare"(He is before the first dawn). He is all-knowing as in the name "Bizimana" (they [all things] are known by God). He rules over everything as King, Judge and Master as expressed in the name "Hategekimana" (everywhere it is God who rules). Unfortunately Rwandans believedthatwhatever befell them was pre-ordained by God and most ofthe time fatalism dominated their lives. They confronted violence or fate with resignation thinking that the origin is in God's will or from angry spirits they did not control. Rwandans also believe in the existence ofa spiritual realm. The spirits of the dead lived further and roamed about. They would come back to trouble their relatives, especially when they felt some duties due to them were neglected. They could even kill through sickness, insanity or provoke infertility. They hold people under the siege ofconstant mental terror. The spirits most feared were the ones from those who had died in unfortunate 1St Paul expressed the same idea in his discourse at Athens and said: "The god who made the world and everything in it is the Lord of heaven and earth and does not live in temples built by hands. And he is not served by the human hands, as ifhe need anything..." (Acts 1 7, 24-25). Violence as Institution in... (shrink)

The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and (...) contrary to applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation. (shrink)

Philosophers view themselves as critical thinkers par excellence. But they have overlooked the institutional arrangements that govern their lives. The early twentieth-century research university disciplined philosophers, placing them in departments, where they wrote for and were judged by their disciplinary peers. Oddly, this change has been unremarked upon, or has been treated as simply part of the necessary professionalization of an academic field of research. The department has been tacitly assumed to be a neutral space from which thought germinates; it (...) is not itself an object of reflection. We find no explorations of the effects that departmentalization might have on philosophical theorizing, or speculations about where else philosophers could be housed, or how, by being located elsewhere, they might develop alternative accounts of the world or have come up with new ways of philosophizing. (shrink)

This paper examines some aspects of the institutional history of post-war Romanian philosophy, with a special focus on the Institute of Philosophy of the Academy of People’s Republic of Romania. The aim of this article is to shed more light on the main aspects of philosophical research during cultural Stalinism, and to underline the inflexion points within Romanian “philosophical” writings between 1948 and 1965. I examined the lack of human resources and its impact on the emergence of Marxist-Leninist philosophy, (...) as well as the main research topics studied at the Philosophy Section of the Institute of History and Philosophy and Institute of Philosophy especially in the 1950s. I focused also on the context of unmasking and purging of the “philosophical” front mainly in late 1950s, underlining the Agitprop fight against Revisionism and “bourgeois” influence in social sciences. The avatars of the philosophical field are analysed through the lens of professor’s Constantin Ionescu Gulian’s destiny as an important manager of the institutions producing philosophy during the aforementioned period. (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)

The article deals with the problem of military chaplaincy service formation in the period of independence of Ukraine as one of the priority directions of relations between the state and religious organizations in Ukraine. The current state of military pastoral care is analyzed directly in the context of Catholic churches activities in Ukraine in this aspect. In particular, the institutional component of the Catholic churches is clarified, statistics demonstrating the quantitative and percentage composition of the Catholic churches in the religious (...) network of Ukraine are provided. The results of sociological surveys of the religious situation in Ukraine and the identification of religiosity of the population in the context of Catholic churches are analyzed. The opinion of the population of Ukraine regarding the trust in religious organizations, religious leaders and the military formations of Ukraine is examined. The opinion of the population on the expediency of establishing a military chaplaincy institute in Ukraine is also clarified. The organizational division of the internal structure of the Catholic churches in Ukraine is presented, and it is also clarified which structural units are responsible for coordination with the Ukrainian power structures and organization of pastoral work. Attention is drawn to the review of the cooperation of the Catholic churches in Ukraine with the military formations of Ukraine in the aspect of pastoral activity. Special attention is paid to the coverage of the various areas of pastoral work directly by the military chaplains of the Catholic churches and the coordination of this work by the relevant structural units of the Catholic churches. In particular, conferences, meetings, trainings, pilgrimages on the organization and implementation of pastoral work in the field of military chaplaincy. Also, consideration is given to the activities of the advisory body on military chaplaincy at the Ministry of Defense of Ukraine and its contribution to the establishment of the Institute of Military Chaplaincy in Ukraine. The inter-denominational cooperation of the churches in Ukraine, including the Catholic ones, was considered in establishing a military chaplaincy institution in independent Ukraine through the activities of interfaith associations. It has been found that the issue of legislative securing of the Institute of Military Chaplaincy in the Armed Forces of Ukraine remains urgent. In this regard, the legislative work in this area and the involvement of Catholic churches in Ukraine are highlighted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Institute of Medicine’s Report on Non-Heart-Beating Organ TransplantationRoger Herdman (bio), Tom L. Beauchamp (bio), and John T. Potts Jr. (bio)In December 1997, the Institute of Medicine (IOM) released a report on medical and ethical issues in the procurement of non-heart-beating organ donors. This report had been requested in May 1997 by the Department of Health and Human Services (DHHS). We will here describe the genesis of the IOM (...) report, the medical and moral concerns that led the DHHS to sponsor it, the process of producing it, and its conclusions. The analyses, findings, and recommendations of the report are also reviewed, in particular the central issues that led to suggestions for policy changes.Transplantation BackgroundAs a first step, some background in the relevant aspects of organ transplantation will prove useful. For the purposes of this analysis, “transplantation” involves the transfer of cells, tissues, or solid organs from one human to another to replace the structure or function of comparable body components that, through injury or disease, are defective or of inadequate function. The IOM report deals with solid organs, primarily kidneys and livers, whose blood supply is reconnected in the organ recipient, in contrast to cells, like bone marrow, and tissues, like corneas. A variety of donor types exists for organ transplantation, each with particular medical and scientific conditions.Living donors are healthy (and usually genetically related) individuals who volunteer to provide either a whole, paired organ such as a kidney or a section of an organ such as a liver. Cadaver donors are individuals who have died and from whom a full array of organs can be taken. “Heart-beating” cadaver donors are individuals who have suffered “brain death,” that is, irreversible cessation of function of the whole brain including the brain stem; and “non-heart-beating” donors (NHBDs) are individuals who are ill or injured, but not “brain dead,” and who have suffered cardiopulmonary death, that is, irreversible cessation of cardiac and respiratory function. NHBDs can be “controlled,” which means that [End Page 83] they can be sustained by artificial life support systems until a medical and family decision is made to terminate futile life support. This can be done at a scheduled time and in a controlled manner, and organs can then be recovered for transplantation. NHBDs can also be “uncontrolled,” which means that their hearts and breathing have stopped through disease or injury at an unexpected time or in an uncontrolled manner, and they cannot be resuscitated; the organs of some individuals of this description can be recovered for transplantation. The IOM report focused on both controlled and uncontrolled NHBDs and on problems specific to them.The questions that were asked and addressed in the IOM report became current and salient beginning in 1992 with the establishment of the University of Pittsburgh “Policy for the Management of Terminally Ill Patients Who May Become Organ Donors After Death.” This policy addressed controlled NHBDs and the ethical questions raised by their use; much of the discussion was reported in the June 1993 special issue of the Kennedy Institute of Ethics Journal. Public notice and anxiety about some of these concerns were sharpened and refocused by national and local media allegations of improper treatment of donors at the Cleveland Clinic in 1997, specifically premature—i.e., antemortem—recovery of organs and administration of drugs that allegedly might hasten donor death.The DHHS Request for StudyIt is not surprising that several federal actions would be taken in response to these events. Some, such as the results of a transplantation task force, remain largely internal to DHHS at this writing. Others are public, such as the IOM study of the NHBD situation. In May 1997, the DHHS initiated contacts with the IOM with the goal of exploring federal concerns about the medical and ethical treatment of NHBDs, in particular the allegations directed at the Cleveland Clinic.The DHHS response should be understood in at least three contexts. First, living donors and uncontrolled NHBDs were essentially the only donor types in the early days of transplantation in the United States. The technologies, ethics, and social acceptance of controlling and terminating life support for... (shrink)

Introduction to the Special Issue of the Journal of Agricultural and Environmental Ethics from EURSAFE 2010 Content Type Journal Article Pages 1-4 DOI 10.1007/s10806-012-9390-2 Authors Leire Escajedo San-Epifanio, Department of Constitutional Law and History of Political Thought, Faculty of Social Sciences and Communication, University of the Basque Country, Bilbao, Spain Mickey Gjerris, Faculty of Science, Institute of Food and Resource Economics, University of Copenhagen, Copenhagen, Denmark Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism 1Robert Baker (bio)AbstractThis first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews “moral fundamentalism,” the theory that cross-cultural moral judgments and international bioethical codes are justified by certain “basic” or “fundamental” moral principles that are universally accepted in all cultures and eras. Initially propounded by the judges at (...) the 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model—a model of negotiated moral order—as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.Man in the Twentieth Century can not be circumscribed by the standards of any single culture.American Anthropological Association (1948) in a statement officially denouncing the 1948 United Nation’s Declaration of Human Rights.Recently... so-called “liberal” medicine has revived the old rights of a clinic understood in terms of a special contract, a tacit pact made between one man and another. This patient gaze has even been attributed the power of assuming [a role in clinical decision making].Miracles are not so easy to come by....Michel Foucault (1975, p. 5) [End Page 201]An Overview of the AnalysisInternational bioethics originated in the trauma of the Holocaust, specifically, in the 1946–1947 Nuremberg “Doctors Trial” when a tribunal of three American judges convicted Nazi medical researchers of “crimes against humanity.” In justifying their judgment, the Nuremberg Tribunal cited 10 principles for morally permissible research, which, they claimed, were based on “fundamental” principles that civilized societies “all agree” upon and accept as the foundations of their “moral, ethical, and legal” norms. Foremost among the principles was one stating that morally permissible human experiments require the informed voluntary consent of the subject. The Nuremberg judgment soon became associated with the ideal of human rights declared in the 1948 United Nations Charter. These two ideas—fundamental principles of morality and human rights—have been linked in all major formulations of international bioethics promulgated in the past 50 years, including the Council of Europe’s 1997 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine (Council of Europe 1997; Dommel and Alexander 1997). In this paper, I explore the received justification for international bioethics—the idea that it is grounded in fundamental principles accepted in all societies—tracing it from its initial, almost off-hand, promulgation by the Nuremberg Tribunal, through its more thoughtful development by such bioethicists as Ruth Macklin, to its more complex use by the President’s Advisory Committee on Human Radiation Experiments.After a brief review of the evolution of the received justification, I discuss the viability of this justification in the face of the critique implicit in two important intellectual movements: multiculturalism and postmodernism. In the international context, multiculturalism asserts the claim that there are no common moral principles shared by all cultures. Postmodernism asserts a similar claim against all universal standards, moral and nonmoral. In the 1990s, bioethicists have attempted to respond to these claims in various ways. These responses are documented, analyzed, and then shown to be “bankrupt,” in the sense that they undercut the most important objective of moral fundamentalism: the justification of transcultural moral judgments, such as the condemnation of the Nazi doctors.A second article, which follows the present one in the same issue of the Kennedy Institute of Ethics Journal, revisits the contractarian tradition [End Page 202] of Hobbes and Locke, as it has been reinterpreted by David Gauthier (1986), John Rawls (1971, 1993), and Robert Nozick (1974), to develop the idea of negotiated moral order as the basis of international bioethics. When conceptualized as a negotiated moral order, international bioethics can accept the genuine insights... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Prelude to the Special Issue of the Journal of Aesthetic Education on Children’s LiteratureEllen Handler Spitz, Guest Editor (bio)When Professor Pradeep A. Dhillon, editor of the Journal of Aesthetic Education, suggested to me one day that I might guest edit a special issue of the journal devoted to the topic of children’s literature, my initial reticence was toppled and my sense of resolve buoyed as I began (...) to fantasize with billowing excitement about just how this might be done. First, I dreamt up the image of guest editor as bountiful hostess—setting out delectable dishes in an elegantly appointed banquet before the readers of this journal. That metaphor faded, however, despite Maria Tatar’s eloquent reminder to us in these pages that gastronomy has frequently and salubriously been juxtaposed with reading. I could not help worrying (even though children vociferously protest the logic of this problem) that one cannot have one’s cake and eat it too. Therefore, switching to music, I began to imagine the editor as conductor of a highly select ensemble of musicians, all gifted with glorious well-seasoned voices. They might perform a concert (recorded for posterity, of course) of pieces aimed at an audience of those who care passionately about aesthetics, education, literature, and above all about children, and at those who, perhaps with tenderness, still recall their own childhood reading.But how to accomplish this in practical terms? Well, I reasoned, I would simply invite a group of distinguished senior scholars who, having achieved their reputations in related fields and having written on other subjects as well, have published highly significant works pertaining to children’s literature. Each person would contribute a composition in his or her own voice, and there would be complete freedom, carte blanche, no holds barred—the only constraint being page numbers. Would the results turn out to be harmony or cacophony? Well, I speculated, if each voice were finely tuned, resonant, and clear, whether treble or bass, forte or pianissimo, the outcome—although [End Page 1] unpredictable in terms of specifics—would, unquestionably, be musical. But that, dear reader, is ultimately for you to judge, for you have now heard precisely how this issue came into being and will, we hope, read on. Each author I asked responded to my call with alacrity and, in his or her original style and tone, made my task as conductor a perfect pleasure.We offer you a work in three parts. First, you will encounter two melodious and euphonious pieces, contributed respectively by Marina Warner (“Out of an Old Toy Chest”) and Maria Tatar (“From Bookworms to Enchanted Hunters: Why Children Read”). Here, the overarching themes of children’s play and make believe are set up, analyzed, and explored. Playing and reading are placed side by side, as well as reasons why children love to read and how they are variously exhorted, extolled, and even occasionally excoriated by adults for doing so.Our second movement consists of three apparently unrelated motifs, contributed in turn by Gareth Matthews (“Philosophical Adventures in the Lands of Oz and Ev”), Seth Lerer (“Style and the Mole: Domestic Aesthetics in The Wind in the Willows”), and myself (“Ethos in Steig’s and Sendak’s Picture Books: The Connected and the Lonely Child”). Actually, however, these essays are not unrelated, for each motif arises from a particular mode of interpretation grounded in turn in philosophy, in literary history and theory, and in psychology. The works considered are all by notable writers for children: L. Frank Baum, Kenneth Grahame, William Steig, and Maurice Sendak.For our grand finale, we offer two sonorous, seriously challenging contributions, one by Jack Zipes (“Why Fantasy Matters Too Much”) and the other by Eliza T. Dresang and Bowie Kotrla (“Radical Change Theory and Synergistic Reading for Digital Age Youth”). These works grapple with contemporary matters, with fantasy, with technology, and with “radical change” as these can be discerned in the literature, imagery, and general cultural lives of today’s and even, quite possibly, of tomorrow’s children. Gesturing toward the future even more strikingly, we conclude this work with a flourishing coda in the actual voice of a living child... (shrink)

Two continents. Three countries. Mountains, archipelago, a little red dot & more to come. BERIT SOLI-HOLT (Editor): When I think of introductory material, I think of that Derrida documentary when he is asked about what he would like to know about other philosophers. He simply states: their love life. APRIL VANNINI (Editor): And as far as introductions go, I think Derrida brought forth a fruitful discussion on philosophy and thinking with this statement. First, he allows philosophy to open up the (...) personal and second, the ability to conjure the notion of thinking in relation. After all, love lives are spawned from relations, and such are philosophical encounters—the co-emergence of thought and affect. This brings us to discuss the concept of the special issue of continent. called drift . From the Statement of Intent : The discussion that has become drift , a special issue of continent. began in the glow of a bonfire beside a lake near the Thousand Islands of Ontario when co-founders April and Berit came across a conception of a journal that would decline to follow traditional models of invitation and editorship, instead following a generated discourse through relational means. Shedding preemptive articulation of expected outcome and cohesion, we hope to light a fuse of chain interactions with each contributor active in authorial, editorial, and curatorial roles. drift seeks to allow the framing mechanism to choose itself, to find where something can flow or emerge in relation to a series of participants. By setting out a thread of thought to work its own way through writers and artists of various locations, drift operates through links, breaks, pauses, new directions, unintended consequences, twists, holes, bridges. We are attempting to give the scene for an emergence and what can become conceivable when given the opportunity to create chains of thought—linking, welding, fusing, looping, stitching. We hope to explore what is attainable when scholarly/artistic relationships transverse on their own terms instead of articulated by an institutional environment. JEREMY FERNANDO (Guest Editor): I think he was actually more interested in their sex lives. Though at the same time completely refusing to discuss, disclose, his own: I found it rather touching that he blushes whenever speaking of his life with Marguerite. So perhaps in this sense it is very apt to speak of it in terms of love; and the secret that is in each love: that even though it is a relationality between, there are parts of it that remain hidden, not just from everyone else, but even those in that relation itself. What the editors intend to ^do^ to impart this conceptualization is to provide a framework through the choice of a theme and by minimal standardization of form and content guidelines. As initial instigator, each editor will send their contribution to the issue to a fellow colleague, thinker, artist, friend with the invitation to send (via post) the accruing materials to another possible contributor. In this, we hope to engage with many individuals on ideas surrounding a specific theme determined but not limited by the editors of the drift . The end result will take the form of whatever is at hand (as materials can only stay with each contributor for two weeks) and whomever is at hand (the availability of interested and capable parties) through a course of five months. We are curious. What are the ways in which thought can emerge between individuals and places? What occurs when our fundamental mode of inquiry is between each other? How are ethical, social, spacious, political, aesthetic practices created between a chain of contributors. BSH: To introduce what to look forward to in June with the publication of drift isn't quite possible yet. It is in the stages of preparation, barely started, but already begun. I have been thinking about drift as an insect that goes through life cycles, chrysalises, pupas, larva. Each moment of the production and publication of this issue of continent. is its own life. A bug under a pin is not as interesting as one in flight or crawling up your leg. JF: Though the one crawling up your leg is also more likely to bite you. There is always already a danger in letting be, thinking …. Then again, there is also a potential rupture in attempting to seize, pin down, capture. BSH: I think a word we haven't thought about enough yet is capture. I think we are perhaps trying to capture something, or to allow for the moments of this capture along the way, the resulting material being the ripples left in the sand when the water waves away. AV: This question comes to mind when speaking about captures, waves, ripples: How can we activate a ripple? What I find interesting about a wave is the difference in frequencies, movements, forms, style that are activated in between intervals. What is interesting about a wave is that it is activated in relation to what came before. What remains in the sand is a ripple that forms in relation between multiple intervals of stylistic waves. As Deleuze and Parnet have taught us, "We were only two, but what was important for us was less our working together than this strange fact of working between the two of us. We stopped being 'author'. And these 'between-the-twos' referred back to other people, who were different on one side from the other. The desert expanded, but in so doing became more populous." 1 Drift is activation for thinking-with and possibly much more—who knows? There is the intent to subvert the relational qualities between people in journal publishing, but also important to the editors is the subversion of materials. The editors do not shy away from use of contemporary technology and, in fact, have relied and will continue to rely on the wonders of internet connectivity to midwife the drift. The connective infrastructure chosen to relay the developing issue is simply one of bodies, of postal workers and the varying postal systems. Some may find it to be merely be a call of an already dying form, but the editors believe that the conversation exchanged from hand to hand is of explicit difference in quality of engagement due to the complexity of peripheral information transported by physical matter. Different hospitalities and responsibilities are at play in keeping hold of one-of-a-kind materials for a time and entrusting various postal systems to bear the message forward. To have work physically transported through space and time through this kind of infrastructure that is reliant on individuals to literally carry a message is crucial in incorporating traces of bodily presence. AV: Thought is contingent and emergent process that folds, twists, pulls, shifts in multiple directions and we are interested in these multiple directions. JF: And even as thought is contingent on, hinged around, its place, time, venue—on its continents, as it were (we still tend to speak of gestures of thinking as Continental, British, American, European, Asian, etc.)—we might also attempt to respond to the landscape within each thought: its folds, unfoldings, rolls, manoeuvres, geography. BSH: How different is this than Morelli's screw that Julio Cortazar or Horacio Oliveira recounts in Hopscotch? The fable recalls a man who regarded a screw everyday on his stoop. When he perishes, the screw disappears, perhaps into a fellow neighbor's pocket for secret contemplation. Whoever is writing the passage remarks that "Morelli thought that the screw must have been something else, a god or something like that. Too easy a solution. Perhaps the error was in accepting the fact that the object was a screw simply because it was shaped like a screw." JF: Perhaps even more intriguing is the notion that we do not quite know who is inscribing these remarks on Morelli. That even as someone says that it is a screw, perhaps because it is shaped like a screw, the one who names it “screw”—the one whom we are in a relation with in relation to the screw—remains veiled from us. But even as this is so, the notion of the object as “screw” is marked, etched, onto us. BSH: A periodical, marking a period of time, but where? An issue, a magazine, a storehouse of information. To show the remainders of thinkers connecting and surfing. With all this stated, we, as editors of the drift are aware of the active fault, quaking potential, and ethical catastrophe of such a proposed project — the inheritance or the gifting of a project without consent. We are certain that there may be possible oversight on the process of such a project. If such is the case, we hope that oversight and misdirection will not leave this project dormant but rather open up promising new directions, questions, and potential considerations. We are very excited about the accidental propositions that can occur in between. In sum, we'll see what happens. JF: Perhaps, all we can know of the screw is that we are screwed ... NOTE Gilles Deleuze & Claire Parnet. Dialogues II . Revised edition. (New York: Columbia University Press). 2007: 17. (shrink)

The topics covered in this volume, originally published in 1973, include the need for a more adequate concept or definition of education, the issue of whether indoctrination is compatible with education, particularly with moral education, and the processes of judging the merits of different approaches to aesthetic education. Two contributors present complementary analyses of the relations between freedom as a characteristic of institutions and the process of learning to be a free man. There is discussion of the neglected subject of (...) rights and duties in education, with special emphasis on the question of a universal right to education. The volume concludes with papers on the relevance of philosophy to the practical judgments of educators and to education as a field of study. (shrink)

A systematic treatise on sociology conceived as the study of institutions. Defined as special groups established with customs, laws, and material tools and organized around central aims and purposes, institutions are discussed from a genetic and analytic standpoint.--C. L.

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the (...) relative positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response 4: The Summer of Our DiscontentCaroline EdwardsI write this response on the eve of another wave of industrial action in the UK in November 2022—the Universities and Colleges Union (UCU) “UCU Rising” campaign, the latest in a series of regular disputes over pay and working conditions, the gender and ethnicities pay gap, and casualisation that has been ongoing since 2018. In 2022’s “summer of discontent,” we’ve seen our (...) rail, maritime and transport workers, airport staff, bus drivers, telecommunications workers, postal workers, nurses, refuse workers, and higher and further education staff engage in ongoing industrial disputes with intractable bosses. Even criminal barristers continue with an indefinite, uninterrupted strike after years of government cuts and chronic underinvestment. Everywhere you look, there is a palpable sense of a country on its knees. It’s nearly 100 years since the last General Strike of 1926 and in the UK it’s looking increasingly likely that we will have another General Strike on our hands soon. In “Two Cheers for Blueprints, or, Negative Reasons for Positive Utopianism” Antonis Balasopoulos contextualizes this within the longer economic durée of the shift from Fordist production to so-called flexible accumulation after 1972, writing in this issue that “the turn of capital to the faster and higher [End Page 554] profits involved in financialization rather than infrastructural and industrial investment, form much of the objective, structural ground for what can only be described as the rapid rise of a dystopian structure of feeling in western societies since the early 1970s.” Antonis’s brilliant summary reminds us of the monumental scale of the challenges facing utopian thought and praxis in our current moment. Make no mistake—the “crisis ordinariness” of everyday life under late capitalism that Lauren Berlant identified in Cruel Optimism (2011) has intensified in the years following the Global Financial Crisis (2007–8), the wave of Occupy protests in 2011, and, more recently, the COVID-19 pandemic (2020–). “For some time now,” as Antonis writes, the utopian goals of “happiness, fulfilment, [and] emancipation... have been out of the question altogether.”It’s hard not to agree with this assessment, given the current chaos of life in the UK. Adam Stock’s roundtable contribution “Funding Utopia: Utopian Studies and the Discourse of Academic Excellence” focuses on the academy’s complicity with the neoliberal financialization of what were previously protected as public goods (education, our health service, transport infrastructure, and so on) over the past three decades. As Adam notes, the rhetoric of “excellence” that has come to dominate all areas of university life—teaching, research, public engagement, and the quantifiable “impact” of university research beyond the academy—is really just another way of using competition to mask the market logic of scarcity. Swingeing cuts to publicly funded research have led to a scarcity of resources in scholarly knowledge production, which is legitimated through the discourse of “excellence” and “prestige.” Only a handful of elite research leaders are granted awards and the value of all research becomes judged by its proximity to this distribution (concentration) of wealth within a small number of institutions. Defending education as a public good has long given way to the desperate, existential struggle for survival at UK universities. Numerous institutions are on the brink of bankruptcy, which was the goal all along for the ideologically driven Office for Students (OfS). Market exit, as they euphemistically term it, proves market efficiency.At my own institution, Birkbeck, University of London, the challenge to utopian thinking is all too violently clear. Birkbeck has a special place in the UK higher education system—a university founded nearly 200 years ago in the Crown and Anchor Tavern on the Strand (it was called the London Mechanics’ Institution back then) to offer education to working-class Londoners that [End Page 555] fitted around their busy working lives. As my colleague Joanna Bourke writes in Birkbeck: 200 Years of Radical Learning for Working People (2022), life expectancy in the poorest parts of London was just twenty-nine years; cholera, typhoid, and typhus were major killers; and illiteracy was widespread. At Birkbeck, we are the only university to teach evening classes and offer the requisite support... (shrink)

The topics covered in this volume, originally published in 1973, include the need for a more adequate concept or definition of education, the issue of whether indoctrination is compatible with education, particularly with moral education, and the processes of judging the merits of different approaches to aesthetic education. Two contributors present complementary analyses of the relations between freedom as a characteristic of institutions and the process of learning to be a free man. There is discussion of the neglected subject of (...) rights and duties in education, with special emphasis on the question of a universal right to education. The volume concludes with papers on the relevance of philosophy to the practical judgments of educators and to education as a field of study. (shrink)

In the World Library of Psychologists series, international experts themselves present career-long collections of what they judge to be their finest pieces – extracts from books, key articles, salient research findings, and their major practical theoretical contributions. Elizabeth Valentine has an international reputation as an eminent scholar and pioneer in the field of philosophy and history of psychology. This selection brings together some of her best work over the last thirty years. A specially written introduction gives an overview of her (...) career and contextualises the selection in relation to changes in the field during this time. The first section on 'Philosophy' covers work on different theoretical approaches to psychology, introspection and the study of consciousness, the mind-body problem, and different types of explanation in psychology including reductionism. The second section, 'From Philosophy to History', includes work on the philosophical psychologists G. F. Stout and James Sully, among others. The third section on 'History' covers Valentine's more recent historical work on the development of psychology in London – both institutional and biographical – and includes accounts of both Bedford College and University College, and the role of pioneer women psychologists. The book enables the reader to trace developments in the philosophy and history of psychology over the last thirty years. It will appeal to anyone with interests in these areas as well as being an invaluable resource for graduate and advanced undergraduate courses in conceptual and historical issues. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

The articles collected in this special issue were originally presented at two workshops entitled "Ethical Issues of Animal Research" sponsored by Georgetown University's Kennedy Institute of Ethics and Indiana University's Poynter Center for the Study of Ethics and American Institution. Some of the most prominent and influential thinkers in the field present their diverse views.

The following is a short introduction to this special issue, which builds on and significantly extends and updates the research published recently in the Iwanami Series on Japanese economic history. First, we offer a modern interpretation of four institutional elements that are particularly important for understanding the growth path of the Japanese economy. These are (a) ownership; (b) regulation of factor markets; (c) labor mobility and (d) the judiciary. These four elements properly clarify the incentive structure behind economic institutions. (...) We then briefly explain how the four articles in this special issue—two at the macro level providing updated estimates of long-run rates of growth in gross domestic product (GDP) and total factor productivity (TFP), and two at the micro level examining institutional changes in specific markets—build on this unified framework, and deepen our understanding of Japanese economic history. (shrink)

The experience of musical surprise is explained by psychologists in terms of the thwarting of prior musical expectations. The assumption that surprise is always caused by expectations is widespread not just in psychology at large, but also in philosophy. I argue here that this assumption is ill-founded. Many musical surprises, as well as many non-musical instances of perceptual surprise, can be explained by the falsification of assessments of the present, rendering the appeal to expectations unnecessary. I elaborate the positive view (...) before considering objections, and offering replies. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

Sex differences in behavior are most interesting when they are the result of inherent differences in the operational rules motivating behavior and not merely a reflection of differing life history experiences. American men and women exhibit a few differences in testamentary patterns of property allocation that appear to be due to inherently different rules of allocation. Even when analyses control for resources and surviving kin configurations, women distribute their property among a greater number of individual beneficiaries than do men. The (...) most striking differences in property allocation between men and women occur within the nuclear family and reflect differences in reproductive life span and the resulting reproductive conflicts between spouses that can endure beyond death. (shrink)

To build cultures of peace, one must often lay aside the "expert" label and become a student in the world who is willing to learn from other cultures in pursuit of peace. To set up an intercultural dialogue on this topic, the Committee for the Psychological Study of Peace, in conjunction with the University for Peace and the Institute for Psychological Research of the University of Costa Rica, sponsored the 6th International Symposium on the Contribution of Psychology to Peace. This (...) special issue extends the dialogue which began at the Symposium. Aiming to help define the role and contributions of psychologists in building cultures of peace, the articles in this issue address: *topics relating to human rights; *how psychologists can contribute to democratization; *how psychology has much to say on the causes and dynamics of intolerance and the processes of building tolerance in the context of intergroup relations; *how psychology can contribute to understanding and fostering nonviolence; *how cultures of peace will not be possible without a concerted effort to bring about global environmental security and that our failure to restore environmental health is fundamentally a psychological problem; and *psychologically informed policies for the promotion of cultures of peace, including the importance of gender equity. (shrink)

In arbitrating between representational and relational theories of perception, perceptual illusions—cases in which a subject’s perceptual experience diverges from the way the world really is—constitute an important battleground. The debate has, however, been dominated by discussions of visual perception. In attempting to extend the debate to audition, it is appropriate to start by considering what is thought to be a key case of auditory illusion. I consider the phenomenon of the ‘missing fundamental’, as well as examining a notion that is (...) often deployed by representationalists to explain it—namely, perceptual inference. Though it is frequently deployed as an explanatory concept by inferentialists, the notion of perceptual inference is somewhat opaque. Here, I formulate a ‘job description’ for perceptual inference, involving rule-following. I then identify two sets of cases that commonly prompt the invocation of perceptual inference: namely, cases of perceptual illusion, and cases of veridical perception where the perceptual content outstrips the information present in the stimulus. I then argue that an appeal to perceptual inference is unnecessary, in the case of the missing fundamental, for two reasons. Firstly, the missing fundamental is not, after all, a clear candidate for the ascription of inferential capacity to the auditory system: it is neither an illusion, nor is it the case that the stimulus is crucially impoverished. That is, it submits to a ‘direct’ explanation. Secondly, given the adequacy of a simpler explanation, and the difficulty between distinguishing between real rule-following and the mere appearance of it, I argue that we should avoid ascribing inferential capacity to the auditory system. I close by considering objections, and offering replies. (shrink)

Since ancient times, tattoos were a form of expressing spiritual trends or a life style. Our country does not have a very complex culture regarding tattoos or persons who practice this kind of art and thus for their bearers the majority of existing tattoos lack a special meaning. In forensic science, by conducting physical, traumatic expertise or by postponing the punishment, we find, a lot of times, persons in detention for different criminal acts, and the examination of these is (...) necessary. According to this retrospective study, we noticed an increased frequency of biblical tattoos in the case of convicts from the prisons that belong to Forensic Institute of Medicine from Cluj. We will try to find explanations in the forensic literature for the marks they have and if these have a special meaning for them, and also for the circumstances in which these were made. We will also present the church’s point of view regarding these practices. (shrink)

This article investigates the scope of a firm's enterprise strategy which is defined as the range of stakeholder satisfaction realized by a firm at a particular point in time. We found that prior profitability and several of the firm's grand strategies were correlated with enterprise strategy scope. Furthermore, environmental munificence was found to have a curvilinear relationship with enterprise strategy. Overall, this study refined and extended our understanding of enterprise strategy and stakeholder management.

It is important that from a wider scientific perspective the basics of the conceptual comprehension of impeachment entrenched in the 1992 Lithuanian Constitution be related not only to (a) the nine explicit provisions whereby impeachment relations are regulated directly (Item 5 of Article 63, Article 74, Paragraph 2 of Article 86, Item 5 of Article 88, the first sentence of Paragraph 1 of Article 89, Item 4 of Paragraph 3 of Article 105, Paragraph 3 of Article 107, Item 5 of (...) Article 108, Article 116), but also to (b) the general constitutional principles (especially, the principle of protection of the rights and freedoms of a person), as well as to (c) the precedents of preparation, arrangement, suspension or continuation of impeachment proceedings (in cases of A. Butkevičius, R. Paksas or L. Karalius) and to (d) comparative international aspects, which are perceived not only in the US Constitution, but also in the European Convention on Human Rights which is no longer compatible (and clashing as regards the issue of consequences of impeachment) with the former. According to the European Court of Human Rights (judgment of 6 January 2011 in the case Paksas v. Lithuania), the European Convention on Human Rights prohibits irreversible (termless) limitation (grounded on impeachment) of the passive electoral right to be a Member of Parliament. It is also important to perceive (three) abstract procedural grounds of application of this institute to a certain official—a gross violation of the Constitution, breach of the oath and in case it transpires that a crime has been committed (Article 74 of the Constitution), and the factual (“concrete actions”—see Item 4 of Paragraph 3 of Article 105) grounds qualified according to the former, while due to the factual grounds the “impeachment case” is instituted. The notion “impeachment case” used in Item 4 of Paragraph 3 of Article 105 of the Constitution deserves special scientific attention. This notion indirectly means that: (a) prior to the application to the Constitutional Court by the Seimas, an impeachment case is (must be) instituted, which in itself means that impeachment and initiation and consideration thereof are distinguished by peculiarity in substantive procedure; (b) the Constitutional Court neither institutes this case nor “takes it over” (considers it), but in “its own” case of constitutional justice verifies those factual and procedural grounds, which are necessary in “the other” (impeachment) case instituted in the Seimas. The essence of the institute of impeachment cannot be properly perceived in the constitutional notions of “impeachment”, “case”, “proceedings“, if these notions are assessed only in the explicit provisions of Article 74 of the Constitution, i.e. they are not related to the logic of substantive and procedural arrangement and “intertwining” of the three provisions of the Constitution (Article 74, Item 4 of Paragraph 3 of Article 105 and Paragraph 3 of Article 107) as well as to the purpose of these provisions. On the grounds of the said three provisions of the Constitution, it is possible to assume that the essence of the institute of impeachment lies in a specific official accusation (of violations of special law) against the officials who have acquired (or who hold) certain constitutional powers and of bringing such officials to constitutional liability under the procedure for specific parliamentary impeachment proceedings and constitutional justice proceedings, i.e. deprivation (discontinuation) of constitutional powers under multi-level procedure for conditionally dual proceedings, in which the parliamentary proceedings and the constitutional justice proceedings are inter-connected and supplementeach other. (shrink)

This books examines the fundamental values and principles of conduct in the professions, focusing specifically on four areas: law, politics, medicine and business. One central question unifies its inquiry into the different professions: should the principles for judging the actions of professionals be the same as those used to judge private individuals, or do these professions require special moral principles to guide their conduct. The author considers arguments deriving from the underlying institutional goals of each profession in turn.

This book is meant for sincere students, and especially for those who have some glimmering of what Krishna meant, when in Bhagavad-Gita, he said that after a while spiritual knowledge grows up within and illuminates with its rays all subjects and objects.

Officially inaugurated in 1925, the Hebrew University of Jerusalem was designed to serve the academic needs of the Jewish people and the Zionist enterprise in British Mandatory Palestine, as well as to help fulfill the economic and social requirements of the Middle East. It is intriguing that a university with such practical goals should have as one of its central pillars an institute for pure mathematics that purposely dismissed any of the varied fields of applied mathematics. This paper tells of (...) the preparations for the inauguration of the Hebrew University during the years 1920–1925 and analyzes the founding phase of the Einstein Institute of Mathematics that was established there during the years 1924–1928. Special emphasis is given to the first terms in which this Institute operated, starting from the winter of 1927 with the activities of the director and one of the founders, the German mathematician Edmund Landau, and onward from 1928 when his successors, particularly Adolf Abraham Halevi Fraenkel and Mihály-Michael Fekete, continued Landau's heritage of pure mathematics. The paper shows why and how the Institute succeeded in rejecting applied mathematics from its court and also explores the controversial issue of center and periphery in the development of science, a topic that is briefly analyzed in the concluding section. (shrink)

Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

A series of lectures given... at King's College, London, in 1958.