Dans les sociétés préindustrielles, l’exercice du pouvoir au sein de la famille est étroitement lié aux contingences juridiques et aux normes patriarcales. La connaissance du rôle joué par les femmes dans les activités économiques de la famille, en particulier les femmes mariées, échappe le plus souvent aux historiens. L’étude des procuratrices à Québec, capitale de la Nouvelle-France au xviiie siècle, permet de mieux comprendre le fonctionnement du couple dans un contexte colonial marqué par l’absentéisme masculin. L’analyse des actes de procurations (...) octroyés aux femmes, combinée à une étude prosopographique de nature sociodémographique, révèle les enjeux et les circonstances de ce transfert circonstanciel de pouvoir. Cette voie montre qu’il est possible de contourner partiellement le silence entourant les activités des épouses pour éclairer la délicate question de la complémentarité et de la confiance au sein du couple. (shrink)

To date no one has identified or described the population of incapacitated patients being treated in an inpatient setting who lack proxy decision-makers. Nor, despite repeated calls for protocols to be developed for decision-making, has any institution reported on the utilization of such a protocol. In 2005, our urban tertiary care hospital instituted a protocol utilizing community members of the ethics committee to meet with the medical providers and engage in shared decision-making for patients without proxies. We conducted a (...) retrospective chart review and in this paper describe nearly 200 patients who were identified and treated according to the protocol over a 12 year period. After an aggressive search, family members were located for a surprising number of patients, leaving 80 patients who needed decisions to be made utilizing the PWP committee. We review the decisions required, the results of the shared decision-making meetings, and the patient outcomes. Our experience has shown that a protocol involving community volunteers to make decisions for PWPs in a timely manner is feasible and ethically defensible. The protocol has been accepted by physicians and utilized with increasing frequency. Because it was possible to gather at least minimal information on most patients, a standard of “informed best interest” was used to make decisions. PWP committee recommendations varied, but in all cases agreement was reached with the attending physicians. (shrink)

ObjectivesTo investigate which of two sources of information about an older adult’s wishes—choices made in an advance directive or proxy’s opinion—provides better insight into the older adult’s preferences measured in hypothetical clinical situations involving decisional incapacity.MethodsSecondary analyses of data collected from 157 community-dwelling, decisionally competent adults aged 70 years and over who attended a group information session on advance directives with their proxy. Older adults were invited to complete a directive introduced during the session, designed to express healthcare (...) preferences. An average of 3 months later, older adults were asked during an interview whether they would want to receive each of four medical interventions and what their goals of care would be should they develop one of three sudden health events, assuming that they had severe dementia. Proxies were asked to guess the older adult’s answers in each of the seven scenarios.ResultsEighty per cent of the older adults completed the directive. Choices they made in the directive were more in line with the preferences they stated during the interview than were their proxies’ guesses at their answers. However, concordance was relatively low, with percentages of agreement ranging from 43% to 83% across scenarios.ConclusionsFindings suggest that a directive might provide better insight into a person’s wishes than the person’s proxy, although neither source is perfect. A multifaceted decision-making model that includes both sources of information might better serve the interests of older adults who have lost the capacity to make decisions on their own.Trial registration numberISRCTN89993391; Post-results. (shrink)

Recent studies have problematized on the lack of agreement between self-reported and proxied data in the field of road safety-related behaviors. Overall, and although these studies are still scarce, most of them suggest that the way we perceive our own road behavior is systematically different from the perspective from which we perceive others' behavior, and vice versa. The aim of this review paper was to target the number and type of studies that have researched the behavioral perceptions of different groups (...) of road users, contrasting self-reported behavioral data with those reported by other users, and their outcomes. This systematic review followed the PRISMA methodology, which allows for the identification of relevant articles based on the research term. A total number of 222 indexed articles were filtered, and a final selection of 19 articles directly addressing the issue was obtained. Search strategies were developed and conducted in MEDLINE, WOS, Scopus and APA databases. It is remarkable how road users perceive themselves as behaviorally “safer” than the rest of road users in what concerns the knowledge of traffic norms and their on-road performance. In addition, and regardless of the type of user used as a source, self-reported data suggest their perceived likelihood to suffer a traffic crash is lesser if compared to any other user. On the other hand, proxied reports tend to undervalue third users' performance, and to perceive riskier behaviors and crash-related risks among them. The outputs of this systematic review support the idea that the perception of road users' behavior and its related risks substantially differ according to the source. It is also necessary to increase the number, coverage and rigor of studies on this matter, perhaps through complementary and mixed measures, in order to properly understand and face the bias on road users' risk-related behaviors. (shrink)

There is little agreement about Marx's aims, or even his basic claims, in his Notebooks on Epicurean Philosophy and Difference Between the Democritean and Epicurean Philosophy of Nature. Marx has been read as an idealist, or as a materialist; as praising Epicurus, or as criticizing him. Some have read Marx as using ancient philosophers as proxies in a contemporary debate, without demonstrating how he does so in detail. I show that Marx's dialectical reading of Epicurus's atomism aims at transcending the (...) dichotomy between idealism and materialism; that on Marx's reading Epicurus deserves praise for thinking through atomism to its “highest” conclusion, but criticism for not embracing this conclusion; and that Marx's intervention in contemporary debates takes the form of revealing a dialectical relationship between “liberal” and “positive” philosophers. I conclude that the importance of these texts is to be located in their original stance on the problematic of the relation of thought to reality, common to what Marx finds in ancient philosophy and in his contemporary environment. (shrink)

How did the concept of language come to dominate modern intellectual history? In Language Alone , Geoffrey Galt Harpham provides at once the most comprehensive survey and most telling critique of the pervasive role of language in modern thought. He shows how thinkers in such diverse fields as philosophy, psychoanalysis, anthropology, and literary theory have made progress by referring their most difficult theoretical problems to what they presumed were the facts of language. Through a provocative reassessment of major thinkers on (...) the idea of language-Saussure, Wittgenstein, Derrida, Rorty, and Chomsky, among them-and detailed accounts of the discourses of ethics and ideology in particular, Harpham demonstrates a remarkable consensus among intellectuals of the past century and beyond that philosophical and other problems can best be understood as linguistic problems. And furthermore, that a science of language can therefore illuminate them. Conspicuously absent from this consensus, he shows, is any consideration of contemporary linguistics, or any awareness of the growing agreement among linguists that the nature of language as such cannot be known. Ultimately, Harpham argues, the thought of language has dominated modern intellectual history because of its singular capacity to serve as a proxy for a host of concerns, questions, and anxieties-our place in the order of things, our rights and obligations, our nature or essence-that resist a strictly rational formulation. Language Alone will interest literary critics, philosophers, and anyone with an interest in the uses of language in contemporary thought. (shrink)

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

It has long been known that the popular account of egocentric thoughts developed by David Lewis is in conflict with a natural account of communication, according to which successful communication requires the transmission of a thought content from speaker to hearer. In this paper, I discuss a number of proposed attempts to reconcile these two accounts of egocentric thought and communication. Each of them postulates two kinds of mental content, where one is egocentric, and the other is transmitted from speaker (...) to hearer in communication. I argue that Ninan’s account, which involves multi-centered contents, and Kölbel’s and Moss’s accounts, which postulate centered and uncentered proxy contents, respectively, are unsatisfactory. Therefore, I propose a two-dimensionalist account, according to which egocentric thoughts are represented by primary intensions, while the thoughts shared by speaker and hearer in cases of successful communication are represented by secondary intensions. Finally, I argue that aside from being able to reconcile Lewis’s account of egocentric thoughts with the natural account of communication, two-dimensionalism also provides the means for modeling agreement and disagreement. (shrink)

Most contemporary deliberative democrats contend that deliberation is the group activity that transforms individual preferences and behavior into mutual understanding, agreement and collective action. A critical mass of these deliberative theorists also claims that John Dewey’s writings contain a nascent theory of deliberative democracy. Unfortunately, very few of them have noted the similarities between Dewey and Robert Goodin’s theories of deliberation, as well as the surprising contrast between their modeling of deliberation as a mixed monological-dialogical process and the prevalent view (...) expressed in the deliberative democracy literature, viz., that deliberation is predominantly a dialogical process. Both Dewey and Goodin have advanced theories of deliberation which emphasize the value of internal, monological or individual deliberative procedures, though not to the exclusion of external, dialogical and group deliberation. In this paper I argue that deliberative theorists bent on appropriating Dewey’s theory of moral deliberation for political purposes should first consider Goodin’s account of ‘deliberation within’ as a satisfactory if not superior proxy, an account of deliberation which has the identical virtues of Dewey’s theory— imaginative rehearsal, weighing of alternatives and role-taking—with the addition of one more, namely, that it operates specifically within the domain of the political. (shrink)

A startup ecosystem is a dynamic environment in which several actors, such as investors, venture capitalists, angels, and facilitators, are the protagonists of a complex interplay. Most of these interactions involve the flow of capital whose size and direction help to map the intricate system of relationships. This quantity is also considered a good proxy of economic success. Given the complexity of such systems, it would be more desirable to supplement this information with other informative features, and a natural (...) choice is to adopt mathematical measures. In this work, we will specifically consider network centrality measures, borrowed by network theory. In particular, using the largest publicly available dataset for startups, the Crunchbase dataset, we show how centrality measures highlight the importance of particular players, such as angels and accelerators, whose role could be underestimated by focusing on collected funds only. We also provide a quantitative criterion to establish which firms should be considered strategic and rank them. Finally, as funding is a widespread measure for success in economic settings, we investigate to which extent this measure is in agreement with network metrics; the model accurately forecasts which firms will receive the highest funding in future years. (shrink)

Futures contracts in agricultural commodities are an agreement to buy or sell a predetermined amount of agricultural commodities (such as wheat, corn, cotton, soybeans, live pork, live cattle, cocoa, etc.) at a specific price depending on the price on a specific date in the future. Futures contracts in agricultural commodities are carried out under “commodity futures contracts” on the futures exchange. These contracts are executed in two ways in terms of the delivery of the contract subject; physical delivery and cash (...) settlement. In the physical delivery, the underlying asset is physically received at the end of maturity. In our country, physical delivery method is used in futures contracts made on commodities. In the second contract method that results in cash settlement, there is no physical delivery of the underlying asset at the end of maturity. The transaction takes place over the settlement price at the end of maturity. Futures contracts in agricultural commodities can be analyzed in two categories in terms of Islamic law. First, within the scope of sales where both the goods and the price are on credit; the second is a combined contract that includes a promise to sell and a contract of sale when due. It is more convenient to analyze in the former because the agricultural commodities in the warehouse are kept ready to be delivered when due and the commodities price is also delivered on time. In this category, it resembles the sale of a credit on credit, which is prohibited in Islamic law. We can see that there are five parties within the exchange organization regarding the futures contracts in agricultural commodities; futures and options exchange, clearing house, brokerage houses, market participants, supervisory institutions. When the transactions of the related parties are examined in terms of legal capacity and power of representation; it is observed that brokerage houses transacting on behalf of sellers and customers operate by proxy. On the other hand, the Exchange, the Clearinghouse (Takasbank) and the custody warehouse within the scope of the exchange system; carries out transactions on behalf of the parties both as a proxy and a guarantor. Therefore, this futures transaction has the nature of containing more than one contract. When analyzed in terms of the establishment of the contract; if there are agricultural commodities that are considered as legitimate property of the Islamic law (mütekavvim), there is no objection regarding the parties and the offer-acceptance. In addition the delivery time of the commodity subject to the contract must be equal to the amount sold and the amount in the warehouse, which is guaranteed to be in the warehouse. In terms of invalid condition, one-sided benefit causing conflict for the parties contains something prohibited by the legal order. It is seen that it does not contain conditions contrary to the content of the contract and established practices. However, except for the condition that the collateral is retained with interest income in direct proportion to the period of stay in the Clearinghouse (Takasbank), in order to obtain the highest return. In terms of enforcement conditions, after the approval of the buyer and seller, transactions are carried out within the exchange system without asking for the right and approval of another person. Therefore, this contract can be considered as a running contract. In terms of the bindingness of this contract; at first glance, it can be seen as a mutual promise and non-obligatory promise based on the fact that the commodity and its price are not cash. But when the subject is examined in depth, it turns out to be a different situation. Because both parties are under mutual obligation by paying the guarantee stipulated by the Exchange, one party is obliged to deliver the commodity on time and the other party to deliver the price. In addition, the contract does not allow the parties to imagine the right. So, this contract can be considered as an obligatory contract. However, based on the current functioning futures contracts in agricultural commodities as a whole, it is considered unappropriate to Islamic law. In this study, first, the nature of futures contracts in agricultural commodities that are not deemed suitable for Islamic law in its current form are determined. Then, an analysis from the point of view of Islamic law was made and some offers were made for a model that was reconfigurated according to Islamic law. (shrink)

The motivating question of this paper is: ‘How are our beliefs in the theorems of mathematics justified?’ This is distinguished from the question ‘How are our mathematical beliefs reliably true?’ We examine an influential answer, outlined by Russell, championed by Gödel, and developed by those searching for new axioms to settle undecidables, that our mathematical beliefs are justified by ‘intuitions’, as our scientific beliefs are justified by observations. On this view, axioms are analogous to laws of nature. They are postulated (...) to best systematize the data to be explained. We argue that there is a decisive difference between the cases. There is agreement on the data to be systematized in the scientific case that has no analog in the mathematical one. There is virtual consensus over observations, but conspicuous dispute over intuitions. In this respect, mathematics more closely resembles stereotypical philosophy. We conclude by distinguishing two ideas that have long been associated -- realism (the idea that there is an independent reality) and objectivity (the idea that in a disagreement, only one of us can be right). We argue that, while realism is true of mathematics and philosophy, these domains fail to be objective. One upshot of the discussion is that even questions of fundamental physics may fail to be objective in roughly the sense that the question, ‘Is the Parallel Postulate is true?’, understood as one of pure mathematics, fails to be. Another is a kind of pragmatism. Factual questions in mathematics, modality, logic, and evaluative areas go proxy for non-factual practical ones. -/- . (shrink)

Personality signatures are sets of if-then rules describing how a given person would feel or act in a specific situation. These rules can be used as the major premise of a deductive argument, but they are mostly processed for social cognition purposes; and this common usage is likely to leak into the way they are processed in a deductive reasoning context. It is hypothesised that agreement with a Modus Ponens argument featuring a personality signature as its major premise is affected (...) by the reasoner's own propensity to display this personality signature. To test this prediction, Modus Ponens arguments were constructed from conditionally phrased items extracted from available personality scales. This allowed recording of (a) agreement with the conclusion of these arguments, and (b) the reasoner's propensity to display the personality signature, using as a proxy this reasoner's score on the personality scale without the items used in the argument. Three experiments ( N = 256, N = 318, N = 298) applied this procedure to Fairness, Responsive Joy, and Self-Control. These experiments yielded very comparable effects, establishing that a reasoner's propensity to display a given personality signature determines this reasoner's agreement with the conclusion of a Modus Ponens argument featuring the personality signature. (shrink)

Research on adolescent wellbeing in Developmental Language Disorder has previously been examined through measures of parent or self-reported wellbeing, but never has a study included both and enabled comparison between the two. The current study reports parent and self rated wellbeing of adolescents with DLD and Low Language ability, as well as their typically developing peers. It also examines consistency between raters and factors influencing correspondence. Adolescents aged 10–11 with DLD, LL or TD were recruited from eight UK primary schools. (...) A battery of standardized language, psychosocial and wellbeing assessments, including the KIDSCREEN-27 were administered. Adolescent ratings of wellbeing were similar across groups on three of the five wellbeing dimensions, but those with DLD had lower self-reported Autonomy and Parental Relations than their TD peers, and both the DLD and LL group had lower School Environment scores than their TD peers. By parental report, the DLD and LL group were considered to have lower wellbeing on all five wellbeing dimensions relative to their TD peers. Paired sample t-test analyses indicated a high level of variance between parent and adolescent reported wellbeing for multiple wellbeing domains, especially Psychological Wellbeing. Importantly, predictors of the level of agreement between parent and adolescent reported psychological wellbeing differed between groups: cognitive reappraisal and sociability predicted this level of agreement for adolescents with LL, while social competence predicted agreement in DLD and TD. This study emphasizes the necessity of allowing adolescents of all language abilities to report their own wellbeing, as their perspective does not align with that of their parents. It also highlights the importance of including the full spectrum of need when investigating the impact of language ability on consistency between proxy and self-reported wellbeing. (shrink)

This paper analyzes the complex historical and regional factors that contribute to the escalation of destruction from 2003 on in Darfur. Darfur is not an isolated case that suddenly erupted in violence. It is the most recent case in a long history of repeated violations by the Sudanese state against its citizens. From the use of proxy militias (the Janjaweed) to signing peace agreements that fragment and weaken the opposition, destruction in Darfur continues government strategies of divide and (...) rule. At the same time, complex regional dynamics especially between Sudan, Chad and the Central African Republic add to violence and instability within states and across borders. The paper emphasizes the speed with which during 2003–2005 over 2.4 million were uprooted from their homes and the ongoing vulnerability of internally displaced persons to attacks, disease and malnutrition. This restructuring of the population in Darfur is part of a strategy to control the populace and redistribute land and other resources. The multicausal origin of the conflict and its increasing complexity points to the difficulty of providing security for the people in Darfur and resolving the conflict. (shrink)

Proxy agency is the capacity of individuals and groups to act for other individuals or groups in specific social transactions. For example, a legal team acts as a proxy for a client in a courtroom, or the Prime Minister acts as a proxy for the UK Government when attending international meetings, etc. Although a very common social phenomenon, it has not yet received enough philosophical treatment. Currently, the most developed account of this capacity is Ludwig’s proxy (...) agency in collective action. Yet, his account relies on a deflationary, we-content approach to collective intentionality (á la Bratman). In this chapter, I argue that this approach is far too weak to explain proxy agency in institutional contexts—where the individuals and groups formally authorised to perform rule-guided group activities for the principal hold a strong, non-conditional we-commitment. In order to elucidate this feature, I provide an account of proxy agency based on a more robust, we-mode approach to collective intentionality (á la Tuomela). I suggest with this that, for institutional proxy agency to operate as expected, there must be appropriate conditions of sociality in place—which ultimately coheres with the larger project developed by Tuomela on social ontology. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing (...) deflationary view of collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, (...) in turn, the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

When patients are in vegetative states and their lives are maintained by medical devices, their surrogates might offer proxy consents on their behalf in order to terminate the use of the devices. The so-called ’substituted judgment thesis’ has been adopted by the courts regularly in order to determine the validity of such proxy consents. The thesis purports to evaluate proxy consents by appealing to putative counterfactual truths about what the patients would choose, were they to be competent. (...) The aim of this paper is to reveal a significant limitation of the thesis, which has hitherto been recognised only vaguely and intuitively. By appealing to the metaphysics of counterfactuals I explain how the thesis fails to determine the validity of proxy consents in a number of actual cases. (shrink)

Without trust there is no credible human health research (HHR). This article accepts this truism and addresses a crucial question that arises: how can trust continually be promoted in an ever-changing and uncertain HHR environment? The article analyses long-standing mechanisms that are designed to elicit trust—such as consent, anonymization, and transparency—and argues that these are best understood as trust represented by proxies of trustworthiness, i.e., regulatory attempts to convey the trustworthiness of the HHR system and/or its actors. Often, such proxies (...) are assumed to operate as markers that trust exists or, at least, has not been lost. But, since trust can neither be “built” nor “secured,” this is a precarious assumption. Worryingly, there is no existing theoretical account of how to understand and evaluate these proxies of trustworthiness as part of a trusted HHR ecosystem. To remedy this, the paper argues for a radical reimagining of trust and trustworthiness as performative acts that ought to be understood in relation to each other and by reference to the common values at stake. It is shown that proxies of trustworthiness are the operational tools used to perform trustworthiness. It advocates for a values-based approach to understanding the relationship between trust and trustworthiness. This establishes a strong basis for an evaluative framework for proxies of trustworthiness, i.e., to determine how to perform trustworthiness well. Five common proxies in HHR are scrutinized from a values perspective. The contribution is to provide a far-reaching normative and practical framework by which existing and future proxies of trustworthiness can be identified, assessed, maintained, or replaced in rapidly changing HHR regulatory ecosystems where trust itself is crucial to the success of the entire HHR enterprise. (shrink)

Transitive proxy voting (or "liquid democracy") is a novel form of collective decision making, often framed as an attractive hybrid of direct and representative democracy. Although the ideas behind liquid democracy have garnered widespread support, there have been relatively few attempts to model it formally. This paper makes three main contributions. First, it proposes a new social choice-theoretic model of liquid democracy, which is distinguished by taking a richer formal perspective on the process by which a voter chooses a (...) proxy. Second, it examines the model from an axiomatic perspective, proving (a) a proxy vote analogue of May's Theorem and (b) an impossibility result concerning monotonicity properties in a proxy vote setting. Third, it explores the topic of manipulation in transitive proxy votes. Two forms of manipulation specific to the proxy vote setting are defined, and it is shown that manipulation occurs in strictly more cases in proxy votes than in classical votes. (shrink)

The culture that characterises mature information societies is now evolving from being a culture of signs and signification into a culture of proxies and interaction. Through a definition and discussion of proxies and degenerate proxies, this paper analyses the factors behind this evolution and the potential implications for such a major societal transformation.

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to (...) it, whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

I discuss conditions for the validity of proxy consent to treatment on behalf of an incompetent person. I distinguish those incompetents who, when previously competent, expressed an opinion on the treatment in question from those who were never competent or who, though previously competent, never expressed an opinion on the proposed treatment. In the former case valid proxy consent usually requires respecting the stated wishes of the patient. The latter case is more difficult. I consider a widely-held principle (...) which appeals to the counterfactual wishes of the incompetent person. I argue that it is unacceptable and propose in its place a principle having to do with the best interests of the patient. Keywords: proxy consent, informed consent, competence, hypothetical wishes, substituted judgment, counterfactual wishes CiteULike Connotea Del.icio.us What's this? (shrink)

This paper uses the idea of a proxy, which figures in discussions of bounded rationality, to construct an argument for a revisionary conclusion about ideal instrumental rationality. I consider how subjective responses can figure as proxies in heuristics and develop the following argument: (1) Proxies, even if relatively easy to recognize, can sometimes be messy, prompting incomplete or cyclic preferences. (2) From the point of view of ideal instrumental rationality, it is permissible for an agent to be concerned with (...) a proxy rather than with what it is a proxy for. And so, (3) although it is standardly assumed, as part of the prevailing conception of ideal instrumental rationality, that rational preferences are complete and acyclic, neither incomplete preferences nor cyclic preferences can be dismissed as invariably irrational from the point of view of ideal instrumental rationality. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally (...) wrongful act or mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

An argument going back to Russell shows that the view that propositions are structured is inconsistent in standard type theories. Here, it is shown that such type theories may nevertheless provide entities which can serve as proxies for structured propositions. As an illustration, such proxies are applied to the case of grounding, as standard views of grounding require a degree of propositional structure which suffices for a version of Russell’s argument. While this application solves some of the problems grounding faces, (...) it introduces problematic limitations: it becomes impossible to quantify unrestrictedly over the relata of ground. The proposed proxies may thus not save grounding, but they shed light on what exactly Russell’s argument does and does not show. (shrink)

The world is witnessing a rise in speech-enabled devices serving as epistemic informants to their users. Some philosophers take the view that because the utterances produced by such machines can be phenomenologically similar to an equivalent human speech, and they may deliver the same function in terms of delivering content to their audience, such machine utterances should be conceptualized as “assertions”. This paper argues against this view and highlights the theoretical and pragmatic challenges faced by such a conceptualization which seems (...) to be based on a “functionalist” account of assertion. Instead, the paper argues that the view that some such machine utterances can be “proxy assertions”, made on behalf of the designers and/or deployers of such machines is more tenable. Existing accounts of such a view, however, need further refinement, which is provided here. The paper then discusses implications of this view for design of such machines, particularly those enabled and equipped with machine learning capabilities. (shrink)

Both individuals and groups sometimes make use of proxy agents who perform actions on their behalf. Although these kinds of actions are vital to our social and political lives, they raise deep questions about agency and responsibility. One concern is whether and in what ways a principal can be responsible for actions performed by way of their proxy. I argue here that two conditions are necessary if a principal is to be considered responsible for such actions in a (...) deep sense. First the proxy must be properly authorised, and second the action performed must cohere with the principal’s deliberative perspective. A consequence of this is that successful proxies will often be those who learn to adopt and act from the perspective of the principal they represent. The capacity to reason from the perspective of another individual or group is therefore of great importance in the work of spokespersons and other proxies. (shrink)

This article examines the role of primary ethnographic materials – of field notes, letters and photographs – and even of the shelves and bookcases – in building accounts of the human condition. We trace the lives of incomplete and not-yet-found manuscripts, which have been treated as representative of whole archives, as well as closely held convictions and ideas in the history of anthropology. In so doing, we employ the notion of a ‘proxy’, or a set of signs and images (...) which point the audience in particular directions, without determining their overall destination. Our research is based on a few episodes from the histories of paper and digital copies of manuscripts and photographs of the anthropological couple Sergei and Elizabeth Shirokogoroff, who conducted ethnographic, linguistic and some archaeological research, first on the borderlands between China and Russia, and then later within China. We aim to show the complexity and social and intellectual vibrancy of their ethnographic field archives, which have been scattered across countries, institutions and personal collections. We conclude by suggesting that engaging anthropologically with field archives enables us to approach existing perspectives on archives in a new way, viewing them not as containers of catalogued information, but as entanglements reflecting social relations in local communities, the trajectories of ethnographers, and the aspirations of scholars asking questions today. (shrink)

The paper clarifies the relative merits and proper roles of standards of review in the determination of proxy consent for those unable to make decisions concerning their own medical treatment. The "substituted judgment" standard asks which treatment the incompetent person would choose if competent, while the "best interests" test asks which treatment would benefit the patient. The tests are discussed in relation to the moral principles of autonomy and beneficence which provide their justification. I distinguish six types of cases (...) involving incompetent patients and argue that which standard is appropriate depends on the type of case involved. A "rational choice" standard, which asks "What would the incompetent patient choose if his or her choice were rational?", is proposed as a way of determining best interests. Keywords: proxy consent, nontreatment of incompetent persons, substituted judgment CiteULike Connotea Del.icio.us What's this? (shrink)

This chapter contains sections titled: The scaffolding of facts The role of our nature Forms of life Agreement: consensus of human beings and their actions.

Proxy signature and group signature are two basic cryptographic primitives. Due to their valuable characteristics, many schemes have been put forward independently and they have been applied in many practical scenarios up to the present. However, with the development of electronic commerce, many special requirements come into being. In this article, we put forward the concept of group–proxy signature, which integrates the merits of proxy signature and group signature for the first time. We also demonstrate how to (...) apply our scheme to construct an electronic cash system. The space, time, and communication complexities of the relevant parameters and processing procedures are independent of group size. Our demonstration of the concrete group–proxy signature scheme shows that the concepts brought forward by us are sure to elicit much consideration in the future. (shrink)

The Mental Capacity Act 2005 has provided unified scope in the British medical system for proxy consent with regard to medical decisions, in the form of a lasting power of attorney. While the intentions are to increase the autonomous decision making powers of those unable to consent, the author of this paper argues that the whole notion of proxy consent collapses into a paternalistic judgement regarding the other person’s best interests and that the new legislation introduces only an (...) advisor, not a proxy with the moral authority to make treatment decisions on behalf of another. The criticism is threefold. First, there is good empirical evidence that people are poor proxy decision makers as regards accurately representing other people’s desires and wishes, and this is therefore a pragmatically inadequate method of gaining consent. Second, philosophical theory explaining how we represent other people’s thought processes indicates that we are unlikely ever to achieve accurate simulations of others’ wishes in making a proxy decision. Third, even if we could accurately simulate other people’s beliefs and wishes, the current construction of proxy consent in the Mental Capacity Act means that it has no significant ethical authority to match that of autonomous decision making. Instead, it is governed by a professional, paternalistic, best-interests judgement that undermines the intended role of a proxy decision maker. The author argues in favour of clearly adopting the paternalistic best-interests option and viewing the proxy as solely an advisor to the professional medical team in helping make best-interests judgements. (shrink)

In this paper we argue that the difference between standard measurement and proxy measurement in paleoclimatology should not be understood in terms of ‘directness’. Measurements taken by climatologists to be paradigmatically non-proxy exhibit the kinds of indirectness that are thought to separate them proxy measurement. Rather, proxy measurements and standard measurements differ in how they account for confounding causal factors. Measurements are ‘proxy’ to the extent that the measurements require vicarious controls, while measurements are not (...) proxy, but rather ‘standard’, to the extent that the measurement apparatus provides sufficient physical control on its own. Guided by this account of proxy measurement, we then consider some of the challenges specific to historical proxy measurement and how it is that historical scientists address these challenges. Historical scientists rely on significant causal dependencies and naturally preserved signals to mitigate the influence of destructive processes over time. (shrink)

The Institute of Medicine's report, the American Medical Association's project, the Open Society Institute's and the initiative sponsored by the Robert Wood Johnson Foundation have focused attention on improving the care of dying patients. These efforts include advance care planning and the use of written advance directives. Although previous studies have provided quantitative descriptions of patient preferences for life-sustaining treatment, including those documented in written ADs, to our knowledge open-ended written preferences have not been studied. Studies of these open-ended preferences (...) could highlight issues with respect to quality end-of-life care. The purpose of this study was to explore the open-ended proxy, health, and personal care preferences of people with HIV as expressed in a written AD form. (shrink)

We examine the short-term and long-term impact of bilateral agreements on migrant workers’ vulnerability during their employment in Israel. To do so, we developed the Vulnerability Index of Migrant Workers based on five dimensions: poor working conditions, poor living conditions, poor safety conditions, low wages, and dependence on migration costs. We focus on migrant workers arriving in Israel from two different countries, employed in two different sectors of the economy. Data was gathered through a survey conducted among workers arriving (...) from both countries before and after the implementation of the bilateral agreements. The study revealed that after the implementation of bilateral agreements, the working, living and safety conditions of migrant workers remained poor or even worsened. For Thai workers, there was a slight improvement in the working and living conditions in the short term after the bilateral agreement, but they worsened in the long run. The total Index of Vulnerability of both groups showed improvement due to the dramatic decrease in dependence on migration costs, despite the deterioration in some working and living conditions and the reduction in migrant workers’ relative wages. (shrink)

A great deal of constructivist international relations research on norms focuses on the diffusion of liberal human rights values. In contrast, this article analyzes how critics seek to undermine human rights principles in contexts where human rights norms are increasingly hegemonic. It argues that when norm challengers are frustrated by the institutionalization of human rights, they engage in transnational strategies to pursue their agendas. In norm proxy war, actors patronize surrogates in locales where norms are weak in the hope (...) that victories abroad will reverberate internationally and at home. This dynamic is illustrated by American evangelical sponsorship of political homophobia in Uganda, culminating in that country’s draconian anti-LGBT legislation. When norms are resisted through outsourcing, actors contract out human rights violations in an effort to erode norms through practice, as evidenced by patterns of extraterritorial detention and extraordinary rendition to torture in the post-9/11 “Global War on Terror.” Identifying these patterns broadens understanding of potential pathways of norm contestation. (shrink)

The new National Institutes of Health (NIH) Policy on the Use of a Single Institutional Review Board (sIRB) for Multi-Site Research was adopted primarily to simplify and speed the review of complex multisite clinical trials. However, speeding review requires overcoming a number of obstacles. Perhaps the most substantial obstacle is the time and effort needed to develop reliance agreements among the participating sites. We conducted 102 semistructured interviews with sIRB personnel, including directors, chairs, reviewers, and staff, from 20 IRBs (...) that acted as sIRBs for multisite research, including 6 commercial/independent sIRBs, and 10 university-based academic and 4 federal sIRBs. Almost without exception, the interviewees agreed that reliance agreements were complex, difficult to develop, and time-consuming. A major problem for relying sites was that different agreements specified different responsibilities for the relying sites. Attitudes differed about whether these problems will be resolved as IRB staff and managers become more experienced with sIRBs. However it is clear that the process of developing reliance agreements must be simplified. Federal assistance in standardizing at least some sections of reliance agreements might reduce the difficulties involved. (shrink)

The accuracy of proxies when they interpret advance directives or apply substituted decision-making criteria has been called into question. It therefore became important to know if the Andalusian Advance Directive Form (AADF) can help to increase the accuracy of proxies' predictions. The aim of this research was to compare the effect of the AADF on the accuracy of proxies' predictions about patients' preferences with that gained from informative and deliberative sessions about end-of-life decision making. A total of 171 pairs of (...) patients and their proxies were randomized to three groups. The control group's answers to the Life Sustaining Preferences Questionnaire (LSPQ) were compared with their proxies' answers to the same questionnaire. In one intervention group, the patients had already completed the AADF and given it to their proxies, who used it to guide their own answers to the LSPQ. In the second intervention (discussion) group, both patients and proxies attended two educative sessions guided by trained nurses and later filled in the LSPQ. Comparisons of accuracy and other variables showed a strong association with the discussion group. The findings show that promoting communication between patients and their proxies improves the accuracy of proxies' predictions much more than isolated use of the AADF form. (shrink)

The Agreement-Based Tests for Context Sensitivity In my paper, I present and discuss Cappelen and Lepore's context sensitivity tests, which appeal to says-that reports. In Relativism and Monadic Truth Cappelen and Hawthorne criticize those tests and propose agreement-based tests instead. I argue that such tests do not fare much better. The original Cappelen and Lepore's tests presupposed a minimal notion of says-that. One might postulate a parallel notion of "thin" agreement, according to which people agree that p if they all (...) believe the minimal proposition that p. In this sense we might say - as opposed to what Cappelen and Hawthorne say - that A and B agree that Nicola is smart, even though A thinks that she is smart because she stands way back against strong servers, while B thinks that she is smart because she invested all her money in penny stocks. The paper ends with a critical gloss concerning the case in which Joe Coach predicates tall of people who are over six-foot-eight and Joe Normal, who applies tall to anyone over six-foot tall. I conclude that agreement and disagreement tests are poor indicators of context sensitivity, since their result depends on the prior theoretical standpoint one adopts. (shrink)

Quines ontological relativity is related to Tarskis theory of truth in two ways: Quine repudiates term-by-term-correspondence, as does Tarskis rule of truth; and Quines proxy argument in support of relativity finds exact formulation in Tarskis truth definition.Unfortunately, relativity is threatened by the fact that the proxy argument doesnt comply with the rule of truth (Tarskis celebrated condition (T)). Despite Quines express allegiance to (T), use of proxy schemes does not generate all of the true sentences condition (T) (...) requires. (shrink)

The popular view of shareholder activism focuses on shareholder resolutions and the shareholder vote via proxy statements at the annual meeting, which is treated as a "David vs. Goliath" showdown between the small group of socially responsible investors and the powerful corporation. This article goes beyond the popular view to examine where the real action typically occurs-in the Dialogue process where corporations and shareholder activist groups mutually agree to ongoing communications to deal with a serious social issue. Use of (...) the capitalized word "Dialogue" is intended to distinguish this formal process between corporations and shareholders from all the other forms of dialogue or twoway communication exchanged between a corporation and its stakeholders. The phenomenon of Dialogue between a corporation and dissident shareholders has not been analyzed in the academic literature or in the popular press because it occurs behind the scenes and out of sight from media scrutiny. Yet this is where a great deal of social change initiated by shareholder activists is negotiated. This article contributes both theoretically and empirically to the study of Dialogues between shareholder activists and corporations. We explain how Dialogues occur in the context of the shareholder resolution process and examine two Dialogues that focus on international labor issues in two industries. Then data on Dialogues during the period, 1999-2005, from the Interfaith Center on Corporate Responsibility are analyzed. This research contributes to knowledge about the Dialogue process and the emerging literature on corporation-stakeholder engagement. (shrink)

IntroductionExtended decision -making through the use of proxy decision -makers has been enshrined in a range of International Codes, Professional Guidance and Statute,For example, the UK Mental Capacity Act section 9.1; The General Medical Council ; the US National Guardianship Association ; Nuffield Council on Bioethics ; CIOMS-WHO section 6. Court cases such as Re Quinlan in the US have also contributed to establishing the groundings for the legal status of the proxy, albeit in terms of who might (...) be suitable as a proxy in cases where there was no clear appointment of them by a still competent individual. and is now widely seen as a useful means through which we can exercise control over decisions that affect our lives when we have lost capacity to make these decisions for ourselves.I will here limit myself to discussion of proxy consent for adults appointed prior to the loss of competence by the person they are acting as proxy for. The issue of p. (shrink)