This article uses Hans Kelsen's theory of a legal system to take a fresh look at European Community law, and the relationship between the European Community, its Member States, and international law. It argues that the basis of the Community's legal legitimacy is indeterminate, and offers a model to accommodate that indeterminacy. This model is founded on a constructivist approach suggested to be particularly useful in the EC context. Using this approach, it is argued that the concepts of system, autonomy (...) and sovereignty in the Community can only be understood through the recognition of a plurality of viewpoints, and that it is crucial, in describing the Community, to distinguish between a concept per se and the choice to adopt that concept. (shrink)

Elaborates the author’s conception of plasticity by proposing a new way of thinking through Heidegger’s writings on change.

How do scientific innovations spread within and across scientific communities? In this paper, we propose a general account of the diffusion of scientific innovations. This account acknowledges that novel ideas must be elaborated on and conceptually translated before they can be adopted and applied to field-specific problems. We motivate our account by examining an exemplary case of knowledge diffusion, namely, the early spread of theories of rational decision-making. These theories were grounded in a set of novel mathematical tools and concepts (...) that originated in John von Neumann and Oskar Morgenstern's Theory of Games and Economic Behavior and subsequently spread widely across the social and behavioral sciences. Introducing a network-based diffusion measure, we trace the spread of those tools and concepts into distinct research areas. We furthermore present an analytically tractable typology for classifying publications according to their roles in the diffusion process. The proposed framework allows for a systematic examination of the conditions under which scientific innovations spread within and across preexisting and newly emerging scientific communities. (shrink)

The relationship between time and voice about unethical behaviour has been highlighted as a key area for exploration within the voice and silence field (Morrison Annual Review of Organizational Psychology and Organizational Behavior 10:79–107, 2023). Previous studies have made only modest progress in this area, so we present a temporal lens which can act as a guide for others wishing to better understand the role of time and voice. Applying the concept of theory adaptation (Jaakkola AMS Review 10:18–26, 2020), a (...) method which attempts to build on a given field through the application of a new theoretical lens, we begin by reviewing what is known in relation to voice about unethical behaviour specifically. Then we introduce two temporal frameworks, one suggested by Ancona, Okhuysen, and Perlow (Ancona et al. The Academy of Management Review 26:645–663, 2001a; Ancona et al. The Academy of Management Review 26:512–529, 2001b) as a useful way of analysing time in organisations, and a second one by Bansal, Anna, and Wood, (Bansal et al. Academy of Management Review 43:217–241, 2018) focusing on the way organisations include voice into their temporal rhythm. We then draw conclusions about the role of time in relation to voice about unethical behaviour and identify three insights; a) it takes time for voices to generate evidence for unethical behaviour, b) perceptions of unethical behaviour change over time, and c) it is most difficult to voice about unethical behaviour at the time it is most needed. Our recommendations for future avenues of research based on these insights recommend new research designs better suited to explore the relationship between voice and time and a focus on how the formality of voice mechanisms shapes the timing of voice. (shrink)

In this article, I consider recent debates on the notion of procreative liberty, to argue that reproductive freedom can be understood as a form of positive freedom—that is, the freedom to make oneself according to various ethical and aesthetic principles or values. To make this argument, I draw on Michel Foucault’s later work on ethics. Both adopting and adapting Foucault’s notion of ethics as a practice of the self and of liberty, I argue that reproductive autonomy requires enactment to gain (...) meaning within the life contexts of prospective parents. Thus, I propose a shift away from the standard negative model of freedom that sees it solely as a matter of noninterference or nonimpedance, a view advocated by major commentators such as John Harris and John Robertson. Instead, reproduction should be understood as a deeply personal project of self-making that integrates both negative and positive freedom. (shrink)

Smoking is frequently presented as being particularly problematic when the smoker is a pregnant woman because of the potential harm to the future child. This premise is used to justify targeting pregnant women with a unique approach to smoking cessation including policies such as the routine testing of all pregnant women for carbon monoxide at every antenatal appointment. This paper examines the evidence that such policies are justified by the aim of harm prevention and argues that targeting pregnant women in (...) this way is likely to do more harm than good. Routine carbon monoxide testing is particularly problematic as it sends a message to pregnant women that they cannot be trusted either to truthfully answer questions as to whether or not they smoke, or to make decisions in the best interests of themselves and their future children in the way that non-pregnant individuals are. Further, if the aim is to reduce rates of prenatal harm, the evidence suggests that adopting a supportive and empowering approach to prenatal care is the most effective way to achieve this, something that the current policies aimed at pregnant women are in conflict with. (shrink)

This article examines two contrasting interviews—with an Anglo and a Puerto Rican woman—and concludes that gender congruence does not help an Anglo interviewer make sense of the working-class, Hispanic woman's account of her marital separation. Both in form and content, her discourse contrasts sharply with an Anglo woman's account. The two women use different narrative genres or forms of telling to communicate their culturally distinctive experiences with marriage. In the case of the Puerto Rican woman, these differences result in major (...) misunderstandings by the interviewer. Applying narrative methods to these interviews shows how closer attention to the voice of the subject can enrich qualitative research. (shrink)

Parameterized complexity has, so far, been largely confined to consideration of computational problems as decision or search problems. However, it is becoming evident that the parameterized point of view can lead to new insight into counting problems. The goal of this article is to introduce a formal framework in which one may consider parameterized counting problems.

Sanford Goldberg’s account of epistemic coverage constitutes a special case of Douglas Walton’s view that epistemic closure arises from dialectical argument. Walton’s pragmatic version of epistemic closure depends on dialectical norms for closing an argument, and epistemic coverage operates at the limits of argument closure because it minimizes dialectical exchange. Such closure works together with a shared hypothetical consideration to justify dismissal of surprising claims.

This paper considers whether existing law could potentially be used to criminalize the transmission of genetic disease. The paper argues that even if an offence could be made out, the criminal law should not be involved in this context for many reasons, including the need to protect reproductive liberty and pregnant women’s rights. The paper also examines whether there might be scope for civil claims between reproductive partners for a ‘failure to warn’ of potential genetic harm and argues there are (...) strong policy grounds for resisting such claims. If such a duty were to exist, there might, in the future, be scope for a child to bring a claim under the Congenital Disabilities 1976. Such a claim could be for the failure by the child’s father to warn her mother, which in turn led to the loss of opportunity to have treatment in utero which could have prevented the disability. It is suggested that the same arguments which supported granting maternal immunity under the Act would also support paternal immunity and that, therefore the issue of the lack of paternal immunity under the Act should be revisited. (shrink)

This is a collection of original and soul-searching interviews with contemporary spiritual social activists.

Menu labelling is a public health policy intervention that applies principles of nutrition labelling to the eating out environment. While menu labelling has received a good deal of attention with regard to its effectiveness in shaping food choices for obesity prevention, its premises have not yet been fully explored in terms of its broader applications to social equity and population health. In the following case, we focus on the example of menu labelling within the context of food policy at the (...) local level, a fruitful substantive area of consideration for public health ethics. (shrink)

Visual research is a fast-growing interdisciplinary field. The flexibility and diversity of visual research methods are seen as strengths by their adherents, yet adoption of such approaches often requires researchers to negotiate complex ethical terrain. The digital technological explosion has also provided visual researchers with access to an increasingly diverse array of visual methodologies and tools that, far from being ethically neutral, require careful deliberation and planning for use. To explore these issues, the Symposium on Exploring Ethical Frontiers of Visual (...) Methods was held at the University of Melbourne, Australia, on 4 March 2014. The symposium was hosted by the Visual Research Collaboratory, a consortium of Australian and Canadian visual researchers, with support from Melbourne Social Equity Institute, University of Melbourne. The symposium represented the culmination of a process to develop a resource outlining principles of ethical practice for visual researchers and ethics committee members, the Guidelines for Ethical Visual Research Methods, which were launched at the event. The Guidelines present a framework for considering ethical matters in visual research, distinguishing six groups of issues united by an overarching theme: confidentiality; minimizing harm; consent; fuzzy boundaries; authorship and ownership; and representation and audiences. (shrink)

The referral is the key source of information that enables radiologists and radiographers to provide quality services. However, the frequency of suboptimal referrals is widely reported. This research reviews the literature to illuminate the challenges suboptimal referrals present to the delivery of care in radiology departments. The concept of suboptimal referral includes information, that is; missing, insufficient, inconsistent, misleading, hard to interpret or wrong. The research uses the four ethical principles ofnon-maleficence, beneficence, AutonomyandJusticeas an analytic framework.Suboptimal referrals can causeharmby hindering (...) safe contrast-media administration, proper radiation protection by justification of procedures, and compassionate patient care. Suboptimal referrals also hinder promoting patientbenefitsfrom the correct choice of imaging modality and protocol, an optimal performed examination, and an accurate radiology report. Additionally, patientautonomyis compromised from the lack of information needed to facilitate benefit–risk communication. Finally, suboptimal referrals challengejusticebased on lack of reasonable patient prioritising and the unfairness caused by unnecessary examinations.These findings illuminate how suboptimal referrals can inhibit good health and well-being for patients in relation to safety, missed opportunities, patient anxiety and dissatisfaction. The ethical challenges identified calls for solutions. Referral-decision support tools and artificial intelligence may improve referral quality, when implemented. Strategies addressing efforts of radiology professionals are inevitable, including gatekeeping, shared decision-making and inter-professional communication; thereby raising awareness of the importance of good referral quality and promoting commitment to ethical professional conduct. (shrink)

The Metaphysical Society was founded in 1869 at the instigation of James Knowles (editor of the Contemporary Review and then of the Nineteenth Century) with a view to 'collect, arrange, and diffuse Knowledge (whether objective or subjective) of mental and moral phenomena' (first resolution of the society in April 1869). The Society was a private dining and debate club that gathered together a latter-day clerisy. Building on the tradition of the Cambridge Apostles, they elected talented members from across the Victorian (...) intellectual spectrum: Bishops, one Cardinal, philosophers, men of science, literary figures, and politicians. The Society included in its 62 members prominent figures such as T. H. Huxley, William Gladstone, Walter Bagehot, Henry Edward Manning, John Ruskin, and Alfred Lord Tennyson. (shrink)