The legal requirements and justifications for collecting patient-identifiable data without patient consent were examined. The impetus for this arose from legal and ethical issues raised during the development of a population-based disease register. Numerous commentaries and case studies have been discussing the impact of the Data Protection Act 1998 and Caldicott principles of good practice on the uses of personal data. But uncertainty still remains about the legal requirements for processing patient-identifiable data without patient consent for research purposes. This is (...) largely owing to ignorance, or misunderstandings of the implications of the common law duty of confidentiality and section 60 of the Health and Social Care Act 2001. The common law duty of confidentiality states that patient-identifiable data should not be provided to third parties, regardless of compliance with the DPA1998. It is an obligation derived from case law, and is open to interpretation. Compliance with section 60 ensures that collection of patient-identifiable data without patient consent is lawful despite the duty of confidentiality. Fears regarding the duty of confidentiality have resulted in a common misconception that section 60 must be complied with. Although this is not the case, section 60 support does provide the most secure basis in law for collecting such data. Using our own experience in developing a disease register as a backdrop, this article will clarify the procedures, risks and potential costs of applying for section 60 support. (shrink)

The posthumanist project proposes directing the evolution of human beings by promoting their improvement through technological means to create a variety of entities that will have few or no common...

This collection looks from a variety of angles at the human body as it resists the determinations of gender, sexuality, socialisation and history. Ranging from classical hermaphrodites, Bruegel's blind faces and Weimar transgender surgery, via Gentlemen Prefer Blondes, state-socialist sport and Proust, to Barbie, Lari Pittman, American Psycho, IVF and video dance, the sixteen essays question the relationship between politics, culture and desire. This richly illustrated book also features the original work of two young photographers and a theatre director.

The transhumanist project of reshaping human beings by promoting their improvement through technological innovations has a broad agenda. This study focuses on the enhancement of the human organism through genetic modification techniques. Transhumanism values and a discussion of their philosophical background provide a framework to understand its ideals. Genetics and ethics are employed to assess the claims of the transhumanist program of human enhancement. A succinct description of central concepts in genetics and an explanation of current techniques to edit the (...) human genome serve to assess the capabilities and limitations of editing techniques. Potential benefits and liabilities of human enhancement through genome editing are discussed to appraise its feasibility. Ethical considerations of genome editing inform a reflection on the implications of introducing heritable changes in the genome of individuals. It is concluded that the transhumanist program is underpinned by a large number of hypotheses rather than by sufficient evidence. (shrink)

A 2011 National Academies of Sciences report called for an “Information Commons” and a “Knowledge Network” to revolutionize biomedical research and clinical care. We interviewed 41 expert stakeholders to examine governance, access, data collection, and privacy in the context of a medical information commons. Stakeholders' attitudes about MICs align with the NAS vision of an Information Commons; however, differences of opinion regarding clinical use and access warrant further research to explore policy and technological solutions.

At various times in history, a single power finds itself, at least for its region and time, a 'sole remaining superpower'. This paper explores the parallels between Athens' superpower status at the end of the Persian War and the US's superpower status in the contemporary world. Athens mismanaged her situation in ways that precipitated her own demise in the Peloponnesian War. The question of what might be analogous to Athens' conduct in contemporary US policy is explored to serve as a (...) kind of 'cautionary tale' for modern US strategy. (shrink)

Explores the moral dimensions of the current global role of the U.S. military.

A few years ago, this page of the Journal of Military Ethics offered Martin Cook’s and Henrik Syse’s penetrating essay about the nature of military ethics. That piece continues...

No longer holders of a discretionary right to intervene, all States are now burdened with the responsibility to take action under the doctrine of responsibility to protect …. [Potential intervener...

Cognition in work teams has been predominantly understood and explained in terms of shared cognition with a focus on the similarity of static knowledge structures across individual team members. Inspired by the current zeitgeist in cognitive science, as well as by empirical data and pragmatic concerns, we offer an alternative theory of team cognition. Interactive Team Cognition (ITC) theory posits that (1) team cognition is an activity, not a property or a product; (2) team cognition should be measured and studied (...) at the team level; and (3) team cognition is inextricably tied to context. There are implications of ITC for theory building, modeling, measurement, and applications that make teams more effective performers. (shrink)

“Fear and I were born twins together,” said Hobbes, alluding to the Spanish armada-borne scare of 1588. The year 2001 birthed a similarly synergistic pair, the attacks of 9/11 and this journal, Jou...

Volume 18, Issue 2, July 2019, Page 164-164.

Volume 19, Issue 1, April-May 2020, Page 76-76.

We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

Volume 19, Issue 2, July - August 2020, Page 163-164.

At this writing, late in 2023 and on the eve of 2024, we are approaching the seventy-fifth anniversary of George Orwell’s 1984 and its many quotable passages such as “WAR IS PEACE.” Like 1949, the...

Trolling—the online exploitation of website, chat, or game mechanics at another user's expense—can and does take place all over cyberspace. It can take myriad forms, as well—some verbal, like trash-talking an opponent in a game, and some silent, like refusing to include a new player in a team effort during an in-game quest. However, despite this variety, there are few to no studies comparing the effects of these differing trolling types on victims. In addition, no study has yet taken into (...) account users' offline cultural context and norms into the trolling victim experience. To fill this gap in the literature, the present study put participants from three culturally-distinct countries—Pakistan, Taiwan, and the Netherlands—in a simulated trolling interaction using the Cyberball game. Participants were either flamed or ostracized by a member of their own cultural group or a minority member, and the participants' emotional responses, behavioral intentions toward the other players, and messages sent during the game were taken as indicators of their response to the trolling. Results showed that our Taiwanese sample used the most reactive aggression when trolled and our Dutch sample was the most passive. In addition, ostracism generally produced the desire to repair relationships, irrespective of cultural context, and perpetrator culture only produced an effect in the behavioral intentions of our Pakistani sample. Overall, it would appear that online and offline culture interact to produce the variety of responses to trolling seen in extant literature. Additional implications for future research into computer-mediated communication and online aggression are also discussed. (shrink)

Volume 18, Issue 4, December 2019, Page 353-353.

Although military personnel are required to follow all legal orders, morally the traditional contract between soldier and state rests on shared assumptions about the purposes for which national militaries will and will not be used.

Can the institutional systems that prepare Black nurse researchers question the ways their systemic pathways have impacted health equity knowledge development in nursing? We invite our readers to keep this question in mind and engage with our conversation as Black nurse researchers, scholars, educators, and clinicians. The purpose of our conversation, and this article, is to explore the transactional impact of knowledge development pathways and Black faculty retention pathways on the state of health equity knowledge in nursing today. Over a (...) series of conversations, we discuss the research exploitation of communities of color, deficit research funding, knowledge capitalization, the marginalization of diversity as a continuous process, a lack of sociocultural authority, and our thoughts on solutions. We conclude by using the wisdom of a generation to answer our initial question. (shrink)

A puzzle is generated by two intuitions about artworks: 1. There is no prima facie reason to take artworks to be mind-independent objects; 2. Aesthetic judgments are objective. These intuitions seem to be in tension, for if artworks or their aesthetic properties are mind-dependent, how can aesthetic judgments be objective? The common solution to the puzzle lies in rejecting or revising one of the two intuitions. Typically, realists reject 1, and many antirealists reject 2. I develop an antirealist aesthetic theory (...) that accommodates both intuitions, focusing on critical disagreement between epistemically optimal judges, realist difficulties with supervenience and response-dependence, the role of imagination in the experience of artworks, and the metaphorical quality of aesthetic discourse. The hallmark of realism, namely the mind-independence of aesthetic qualities, is an untenable commitment that yields an impoverished view of artworks. A cognitivist anti-realism is available which preserves the objectivity of aesthetic discourse and yields a richer conception of artworks and our interaction with them. (shrink)

This small volume from Claudia Hauer results from an interesting and important intersection of her professional experiences. Trained in Classics, Hauer has spent most of her career at St. John’s Co...

Making data broadly accessible is essential to creating a medical information commons. Transparency about data-sharing practices can cultivate trust among prospective and existing MIC participants. We present an analysis of 34 initiatives sharing DNA-derived data based on public information. We describe data-sharing practices captured, including practices related to consent, privacy and security, data access, oversight, and participant engagement. Our results reveal that data-sharing initiatives have some distance to go in achieving transparency.

Advances in technologies and biomedical informatics have expanded capacity to generate and share biomedical data. With a lens on genomic data, we present a typology characterizing the data-sharing landscape in biomedical research to advance understanding of the key stakeholders and existing data-sharing practices. The typology highlights the diversity of data-sharing efforts and facilitators and reveals how novel data-sharing efforts are challenging existing norms regarding the role of individuals whom the data describe.