The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the (...) Criminal Cases Review Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

Low-level community based ethics committees staffed by teachers, parents and community representatives can readily review children’s science fair projects subject to the revision of two core assumptions currently governing children’s Science Fairs. The first part of the paper recasts the New Zealand Royal Society guidelines from its primary emphasis on risk to a new assumption, without benefit there can be no risk. Equally, this revision gives more prominence to the participant information sheet, allowing it to act as a quasi (...) application form which provides ethical transparency between student researchers, participants and a community based ethics committee. A second core assumption, more accurately labeled a cult of originality, produces a random, open-ended array of student topics taking ethics review beyond the confidence level of most community based ethics review committees. This paper reins in Science Fair coordinators recommending they make community level ethics review more manageable by providing a list of preapproved topics for those students wanting to conduct research involving human participants. These revised assumptions create a workable division of labour. Teachers’ preapproved topics involving human participants are more likely to be low risk, permitting community level ethics review to focus primarily on two aspects of the minimization of harm: first, for all participants, especially those with diminished autonomy, and second, for the child researchers themselves, as some participants may be unknown to the student. These revised assumptions make science and ethics more accessible to public education thus demonstrating how Science Fairs can lead students and the community into better understanding the role and function that ethics has in all scientific research human participants. (shrink)

Over the last decade, Corporate Social Responsibility (CSR) has been defined first as a concept whereby companies decide voluntarily to contribute to a better society and cleaner environment and, second, as a process by which companies manage their relationship␣with stakeholders (European Commission, 2001. Nowadays, CSR has become a priority issue on governments’ agendas. This has changed governments’ capacity to act and impact on social and environmental issues in their relationship with companies, but has also affected the framework in which CSR (...) public policies are designed: governments are incorporating multi-stakeholder strategies. This article analyzes the CSR public policies in European advanced democracies, and more specifically the EU-15 countries, and provides explanatory keys on how governments have understood, designed and implemented their CSR public policies. The analysis has entailed the classification of CSR public policies taking into consideration the actor to which the governments’ policies were addressed. This approach to the analysis of CSR public policies in the EU-15 countries leads us to observe coinciding lines of action among the different countries analyzed, which has enabled us to propose a ‹four ideal’ typology model for governmental action on CSR in Europe: Partnership, Business in the Community, Sustainability, and Citizenship, and Agora. The main contribution of this article is to propose an analytical framework to analyze CSR public policies, which provide a perspective on the relationships between governments, businesses, and civil society stakeholders, and enable us to incorporate the analysis of CSR public policies into a broader approach focused on social governance. (shrink)

Since the mid-1980s, internal corporate investigations have become commonplace in the U. S., with an upsurge occurring as a result of the corporate scandals of 2001-02 involving Adelphi Communications Corporation, Enron, Merck & Company, Riggs Bank, and other companies accused of financial malfeasance. After an introduction, this article first presents the U. S. public policy framework (as implemented through the U. S. Sentencing Commission, the U. S. Department of Justice, and the Securities and Exchange Commission) encouraging the use of corporate (...) internal investigations and self-reporting of these results to federal authorities; second, evaluates this framework, identifying the public policy issues inhibiting companies from using corporate internal investigations and self-reporting significant results; third, proposes a policy incentive regime which attempts to ameliorate these outstanding issues; and fourth, offer policy recommendations and suggestions for further research on this topic, including increasing the maximum deduction in the Organizational Sentencing Guidelines Culpability Score available to a firm for development of an Effective Compliance and Ethics Program (from 3 to 5 points), and self-reporting the results of an internal investigation (from 5 to 7 points); evaluating the effectiveness of these enhancements in legal incentives over a period of 5-7 years after implementation; instituting a formal federal government effort to educate the American business community on the corporate reputation (and financial) benefits of an effective compliance program; and protecting attorney-client privilege and work product protection, through legislative action, to encourage company executives and directors to utilize independent, outside attorneys to conduct fair, comprehensive, and impartial internal investigations. (shrink)

Corporate governance guidelines are a mechanism that a firm can enact which should reduce agency costs and better align the interests of boards and the suppliers of capital. This study examines stock price reactions primarily attributable to institutional investors occurring when corporations announce the enactment of corporate governance guidelines. A final sample of 77 firms was derived from the first announcement of corporate governance guidelines exclusive to the SEC-EDGAR database. The results indicate that good governance does matter. (...) Firms that announced the enactment of corporate governance guidelines experienced increased stock prices following the announcements. There was an immediate (days 1–4) reaction for firms that provided all or part of the guidelines’ substance; a delayed (days 8–10) reaction occurred for those firms that only referenced the guidelines’ enactment. Additionally, firms with either a potentially greater following or that had a previous history of acrimonious relations with stakeholders were rewarded by the announcement of the enactment of guidelines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:72. HAS HUME A THEORY OF SOCIAL JUSTICE? Toward the end of An Enquiry concerning the Principles of Morals, Hume asserts in a footnote that: In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible : the latter may depend on a public utility (...) more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and. turns of the imagination. For one who draws the connection between the ideas of justice and possession as closely as he does, Hume's ambivalence here concerning the rules or principles governing the distribution of objects to be possessed is more than slightly surprising. In fact, for admirers of Hume interested in theories of social (or distributive) justice, his failure to state a preference among these various 'principles of distribution' is downright depressing. Is this all Hume has to say on the subject of how possessions are to be distributed within society? Does it not matter to him what the principles are upon which this distribution is accomplished — as long as it is accomplished? These are the questions with which this essay is concerned, questions which essentially reduce to that of whether Hume has a theoiy of social or distributive justice at all. To be sure;, the amount of space Hume devotes to the discussion of justice would seem to indicate that he is working from a particular theory of social justice, and authors such as Miller, Day, and Ardal ascribe one to him, yet Hume's apparent lack of concern for principles of distribution disputes this ascript- 73. 2 ion. For at the center of all such theories — from Aristotle to Rawls — lies a preference for a certain principle or set of principles which dictates how advantages (goods, wealth, benefits, etc.) should be distributed. In order to evaluate Hume's status as a theorist of social justice, two approaches recommend themselves. First, it is necessary to discover and examine in Hume's major works possible criteria which might dictate how possessions should be distributed in society. Three such criteria will be dealt with here: the principle of utility as Hume construes it, the formal principle of correct application of law, and the principles Hume entitles the laws of nature". If none of these emerge, singly or in combination, as the principle underlying a Humean theory of social justice, a second avenue for analyzing Hume's views of social justice will be explored. Here some of the critical psychological and moral characteristics which Hume attributes to human nature will be examined to determine whether Hume, though he seems to accept no specific principle of distribution, might arrive at a coherent theory of justice in a negative fashion; that is, through rejecting certain criteria of distribution, particularly merit and need. II. The half-heartedness of Hume's commitment to the principle of utility as either a standard of personal morality, a measure of the justness of particular actions, or as 4 an explanatory principle has been frequently documented, and, although the main purpose of this essay is to examine Hume's theory of social rather than personal justice, a few comments on the latter will form a useful preface for the subsequent argument that Hume is equally as luke-warm toward utilitarianism as an adequate basis of social justice. Three considerations indicate Hume's non-utilitarian approach to personal morality. First, unlike all advocates of utilitarianism, Hume is not a consequentialist on matters 74. of personal ethics. That is to say, when Hume speaks of what makes persons or their actions virtuous, he insists that the major criterion for such an evaluation is the motive upon which the agent acts. In the Treatise he states that a virtuous motive is requisite to render an action virtuous ; (T478), and maintains this view in the Enquiry as well. Hume therefore violates the consequentialist stance implicit in the utilitarian construal of personal morality, but just as seriously, is also left rather cold by the later utilitarian contention of Mill... (shrink)

From a tradition of discourse ethics, human dignity can be defined as “being an equal member in the realm of subjects and authorities of justification.” Additionally, “to act with dignity means being able to justify oneself to others; to be treated in accordance with this dignity means being respected as such an equal member.” Conversely, “to treat others in ways that violate their dignity means regarding them as lacking any justification authority”. The guidelines found in Habermas’s “ideal speech situation” (...) are essential to guarantee this notion of human dignity. Based on aspects of Habermas’s, as well as Rainer Forst’s theory of justice, this study analyzes efforts made by the late speaker of Deutsche Bank, Dr. Alfred Herrhausen, and the former CEO of Alcoa and United States Secretary of the Treasury, Paul H. O’Neill, to challenge the way debt crises in the developing world were handled. Both leaders understood indebted countries, the livelihoods and dignity of its citizens, not as an external entity but as an integral part of their agendas. The two agents included underrepresented groups in their considerations and discussions through a proxy or surrogate participation, giving them a greater voice and acknowledging their dignity. (shrink)

The theme of the 10th Annual Research Ethics Conference organized by the Uganda National Council for Science and Technology (2018) was “Evolution of Research Ethics in Uganda and the Region: Past, Present and Future”. We were asked to address the topic: “The History of CIOMS and the recent changes in the international ethics guidelines: implications for local research”. The thrust of the conference was to track progress in ensuring ethical conduct of research, highlight challenges encountered, and to propose strategies (...) for effective and meaningful implementation of international ethical guidelines in local contexts. Consequently, the purpose of this paper is to comment on the implications of the history of CIOMS ethical guidelines and suggest strategies for their effective and meaningful implementation in the East African region, and perhaps the whole of Sub‐Saharan Africa. Inferring from the ‘evolutionary’, ‘flexible’, and ‘general’ nature of the CIOMS guidelines, we proposed a six‐point strategy for ensuring their effective and meaningful implementation in local contexts. This strategy is in the form of obligations for local research regulators and researchers, the fulfillment of which will go a long way towards their smooth and meaningful implementation in local contexts. These obligations are: ensuring evidence‐based adaptation of each individual guideline; ensuring sufficiently judicious and motivated RECs membership; acting proactively to ensure harmony between bioethics and local legal regimes; cultivating a ‘bioethics culture’ among the public; moving towards regional bioethics governance; and playing an active and meaningful role in future revisions of these guidelines. (shrink)

This commentary examines the incursion on the neutrality of medical personnel now taking place as part of the human rights crises in Bahrain and Syria, and the ethical dilemmas which these incursions place not only in front of physicians practicing in those nations, but in front of the international community as a whole.In Bahrain, physicians have recently received harsh prison terms, apparently for treating demonstrators who clashed with government forces. In Syria, physicians are under the same political pressure to (...) avoid treating political demonstrators or to act as informants against their own patients, turning them in to government authorities. This pressure has been severe, to the point that some physicians have become complicit in the abuse of patients who were also political demonstrators.This paper posits that physicians in certain countries in the Middle East during the “Arab Spring,” specifically Syria and Bahrain, are being used as both political pawns and political weapons in clear violation of Geneva Convention and World Medical Association guidelines, and that this puts them into the most extreme sort of “dual loyalty” dilemma. They are being forced to choose between their own safety and well-being and that of their patients – a negative sum scenario wherein there is no optimal choice. As such, an international call for a United Nations inquiry must be made in order to protect the neutrality of medical care and personnel during times of armed conflict. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cloning without Prior Approval:A Response to Recent Disclosures of NoncomplianceRuth Macklin (bio)Editor's note: In September 1994, the Kennedy Institute of Ethics Journal published a special issue on the ethics of embryo splitting or "cloning," which included papers originally prepared for a workshop on embryo splitting sponsored by the National Advisory Board on Ethics in Reproduction (NABER) and NABER's report, Human Cloning through Embryo Splitting. The impetus for the project (...) was embryo-splitting research conducted by Drs. Jerry L. Hall, Robert J. Stillman, and others, at George Washington University and presented in October 1993 at a joint meeting of the American Fertility Society and the Canadian Fertility and Andrology Society. Media coverage at the time reported that the research had been approved by the university's formal review committees. However, it came to light in December 1994 that the researchers had not obtained approval from the university's institutional review board prior to conducting the research. Following a university investigation, the researchers were disciplined and instructed to destroy their data. The university also voluntarily forwarded the records of the incident to the Office for Protection from Research Risks at the National Institutes of Health. Dr. Hall resigned from George Washington University in September 1994.In the following postscript to her article on the ethics of embryo splitting (KIEJ, September 1994), Ruth Macklin discusses these events. The letters and memoranda that she cites were obtained from NIH through the Freedom of Information Act.My article, "Splitting Embryos on the Slippery Slope: Ethics and Public Policy" (KIEJ, September 1994), included a brief assessment of the ethics of the Hall-Stillman embryo-splitting experiment conducted at George Washington University (GWU). The article reviewed the researchers' stated purpose ("to help infertile couples by reproducing nature's ability to reproduce twins"), the features of the research itself (splitting embryos that never could become viable and with no plan to implant either the original or the split embryos), and the review procedures surrounding the experiment. I said that the researchers might be [End Page 57] faulted for not waiting until embryo research guidelines had been established at the national level; on the other hand, they surely could not fail to conform to such national guidelines when none existed.My conclusions were based on information that had been reported in the print media. Dr. Robert J. Stillman's statement that the experiment "had been approved by the university's formal review committees and peer reviewed by colleagues" was reported in the Washington Post on October 25, 1993, (Sawyer 1993). However, in light of the recent disclosure that the researchers had not obtained approval from George Washington University's IRB before proceeding with the research (Schwartz 1994), I now draw a sharply different conclusion about the ethics of the researchers' behavior.The most glaring flaw was the researchers' failure to submit a protocol to their institution's IRB in advance of embarking on the research. Following an investigation of the matter, the Office for Protection from Research Risks (OPRR) made the further determination that "the failure on the part of GWU research investigators and administrators to notify the IRB promptly about noncompliance in this research constitutes additional serious noncompliance" with research regulations (J. Thomas Puglisi, Chief of the Compliance Oversight Branch, Division of Human Subject Protections, OPRR, letter to Stephen J. Trachtenberg, President of George Washington University, 23 August 1994). Is it reasonable to suppose that these researchers were unaware of their obligations (a) to obtain prior review and approval from the IRB and (b) to notify the IRB promptly about their noncompliance? Regarding the latter item, Dr. Puglisi's letter to the President of GWU states that "the notification requirement has been a longstanding element of the GWU MPA [multiple project assurance], which should have been familiar to all members of the GWU research community." I shall concentrate on the researchers' more glaring ethical omission, failure to obtain prior review and approval from the IRB.Did either or both of these researchers contend that they were unaware of any review requirements for their research? Hall blames Stillman, Director of the Division of Reproductive Endocrinology, Fertility, and IVF Programs, for not making the requirement... (shrink)

My dissertation combines a historical case study with an argument derived from the philosophy of science. Why do states act the way they do, and how should foreign policy actions be explained? I begin by showing how existing explanations advanced both by historians and social scientists have problems incorporating intentional factors into the framework of their analyses. The historian will always be tempted to overwrite the meanings of the past with the meanings she constructs through her own narrative; the social (...) scientist is tempted to neglect intentions since they don't easily lend themselves to scientific manipulation. ;My own argument begins by trying to make sense of 'meaning.' We create meaning through metaphor and as we expand metaphors into narratives we come to see certain actions as required. Which stories that we do tell about ourselves, however, depends upon the audiences we address. Through our narratives we constantly seek support and recognition. Our narratives consequently perform two tasks. On the one hand they define what our interests are, but on the other hand, they also define our identities. On this basis I develop two different models for explaining action: one which explains action as undertaken in defense of interests, the other as undertaken in defense of an identity. ;The historical case study explains why Sweden went to war in 1630. Although historians traditionally have explained the action as undertaken for various economic, political or military reasons, I show that none of these factors can account for the intervention. 'Interests' were not at stake. Instead the action is best explained as a defense of a particular definition of a Swedish national identity. The country, and especially its king, was denied recognition as a legitimate actor in international politics, and it went to war in order to force the European powers to grant them the recognition that hadn't been granted freely. (shrink)

The inclusion of girls and women in sport at all levels depends on single sex categories for most sports from puberty onwards, because of the biological differences between the sexes. Most sport is, by definition, competitive; involving invasion games, teams, leagues, races, competitions and sometimes rankings, from foundation to excellence. Girls and women are underrepresented, particularly in traditional sport, as recognised by the UK Sports Councils and most governing bodies of sport. This paper uses feminist philosophy: Lister on androcentric citizenship, (...) and Fraser on justice as balance, framing, recognition, representation and redistribution. It investigates the impact on the inclusion of girls and women, of eligibility policies adopting ‘self-identification of gender’ guidelines for the inclusion of transgender people in sport, at participation rather than elite levels. It explores fairness and equality as incorporated in law in the 2010 Equality Act in Britain, and contributes to ‘equality evidence’ available to the UK Sports Councils and GBS. These bodies are charged with developing fair and inclusive evidence-based eligibility criteria, in sports participation settings, for both girls and women, and transgender people. (shrink)

Although stakeholder theory is widely accepted in environmental disclosure research, empirical evidence about the role of stakeholders in firms’ disclosure is still scarce. The authors address this issue for a setting of carbon disclosure. Our international sample comprises the Carbon Disclosure Project Global 500, S&P 500, and FTSE 350 reports from 2008 to 2011, resulting in a total of 1,120 firms with 3,631 firm-year observations. The authors apply Tobit regressions to analyze the relationship between carbon disclosure and the relevance of (...) the following stakeholder groups: government, general public, media, employees, and customers. Our results confirm that in addition to carbon performance, all stakeholders are associated with carbon disclosure. Only one stakeholder group acts as a moderator for the relationship between carbon performance and carbon disclosure. Furthermore, the authors find that carbon performance but not the affiliation to a carbon-intensive industry acts as a moderator between stakeholder relevance and carbon disclosure. (shrink)

The concept of vulnerability has been subject to numerous different interpretations but accounts are still beset with significant problems as to their adequacy, such as their contentious application or the lack of genuine explanatory role for the concept. The constant failure to provide a compelling conceptual analysis and satisfactory definition leaves the concept open to an eliminativist move whereby we can question whether we need the concept at all. I highlight problems with various kinds of approach and explain why (...) a satisfactory account of vulnerability is unlikely ever to be offered if we wish the concept to play a genuinely explanatory role in bioethical contexts. I outline why an eliminativist position should be taken with regard to this concept in light of these concerns but mitigate some of the severity of this position by arguing that we can still make sense of retaining our widespread use of the term by viewing it as nothing more than a useful pragmatic linguistic device that acts as a marker to draw attention to certain kinds of issue. These issues will be entirely governed by other, better understood ethical concepts and theories. (shrink)

Trust is taken to be one of the foundational values in the doctor-patient relationship, facilitating access to the benefits of health care and providing a guarantee against possible harms. Despite this foundational role, some doctors betray the trust of their patients. Trusting involves granting discretionary powers and makes the truster vulnerable to the trustee. Patients trust medical practitioners to act with goodwill and to act competently. Some patients carry pre-existing vulnerabilities, for reasons such as gender, poverty, age, ethnicity, or disability, (...) and these vulnerabilities can be exacerbated when such patients extend their trust to a doctor. Gender stereotypes reduce women's ability to challenge and thereby assess their doctor's competency. In addition, women are more likely to be distrusted by their doctors and have their experiences of medical symptoms discounted. In this paper, we analyze two extreme examples of breaches of medical trust that exploited the vulnerability of women in the health care system: the "unfortunate experiment" at the National Women's Hospital in New Zealand and the Harold Shipman murders of elderly patients in the United Kingdom, examining the potential role of gender in the outcomes with regard to trust. Major breaches of medical trust such as these typically lead to government inquiries, revisions of ethical guidelines, and substantive policy change in an effort to re-establish public and patient trust. We argue that the medical profession has an ethical obligation to put mechanisms in place to protect vulnerable patients from abuses of trust, to monitor colleagues' competence, and to be prepared to blow the whistle to protect patients who are not in a position to recognize misplaced trust. Such mechanisms will act disprosportionately to reduce harm to women as patients. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:LIBERATION THEOLOGY AND THE INTERPRE.TATION OF POLITICAL VIOLENCE FREDERICK SONTAG Pomona OoUego Olaremont, Oalifornia " It is impossible to remain loyal to Marxism, to the Revolution, without treating insurrection as an art." Lenin, paraphrasing Karl Marx WHENEVER Liberation Theology ·and its contributions to theologicail discussion al'e ·concerned, no aspect has been more controversirul than its association with violence. There is no question that Marxism/Leninism depends on the use of (...) violence. But all liberation theories must take violence into consideration. On the one hand, the ties that hold humans in bondage may be so strong that only violent means ca.n be effective to release us. On the other hand, it is well known that violenre often breeds its own do·wnfall and results in ten·or more often than peace. Since the beginning of time, probably every prrogram seeking to release human beings to their furhl. potential has had to consider the use of violence to achieve its ends, even while awal'e of its potential dangers. Yet this issue takes on a new urgency in our time because of two s[gnificant changes in our situation: (I) Most communist proposals which have resulted in world~wide change have militantly asserted the necessity to use force if we are to be set free; (2) In recent times Liberati.on Theofogy has been espoused by some Christian theologians even while the adoption of pacifism or the abhorrence of violence by most Christian groups is well known. The question of religion's intrusion into the politicaiJ. reailm is problem 271 FREDERICK SONTAG enough, but add to this the question of the use of violence and the discussion becomes very heated indeed. Although many traditions have well-developed positions regarding violence and non-violence, Christianity will be our frame of reference in discussing these issues, since Liberation Theology has, in fact, developed in a Christian context. First of all we havie to ask whether the use of violence to ruchieve politicaJ ends is a;lways ruled out or whether some circumstances might justify it as an ruooeptable tool for Christian use. Where Christianity is concerned, it is always instructive to begin by looking at the life and work of Jesus. Trruditionally, Jesus is seen as rejecting the use of violence and as having suffered vioilence himself. Can anything so change this image as to make violence acceptable on Christian grounds? In ·considering this, we first have to note that Jesus himself lived under po1itiool oppression. We must oons~der the Jewish expectations for the ' Messiah ' and how this role came to be projecbed onto Jesus; their hope for release from Roman oppressors was what plruced mroh high political expectations on Jesus. Christians recognized Jesus as a' Messiah', even though he obvious1ly did not fulfill the role of a political liberato·r. Afiter his death and for centuries fater, Jewish political fortunes went from bad to worse. The people's expectations of gaining release by the hand of Jesus did not result in a change in their political fortunes. Christians diid enter into politics and governments in!Later years, and some welcome changes can be attributed to Christian influence. But still, none of these improvements can be directly attributed to Jesus' efforts in his own fileis a prime :requfoement for success. We 'are aware of the Marxist/Leninist insistency on toeing the line on dogma, for conformity to doctrine. But can the Christian,aiccept the uniformity of interpretation which effective acbion seems to require? If the Christian liberation theofogian argues that aU Christians cannot be required to aiocept some one program of wction, he or she is limited by the division that plurality brings. On the other LIBERATION THEOLOGY AND POLITICAL VIOL]j]NCE '277 hand, the Christian revotutionary activist should not be told that his program is " unchristian " as judged by some singular, authoritative standard. Of course, the chief complication in saying this lies with a hieI"archical church which includes authorities to formulate doctrine. The Christian who wants to act differently from what the srbructure of such a chureh allows will either: (1) have to find a way to act independently and still stay within that community; or (2) convince... (shrink)

Although guidelines to regulate user involvement in research have been advocated and implemented for several years, literature still describes the process as challenging. In this qualitative study, we take a critical view on guidelines that are developed to regulate and govern the collaboration process of user involvement in research. We adapt a social constructivist view of guidelines and our aim is to explore how guidelines construct the perception of users and researchers and thus the process of (...) involvement. Twenty‐two guidelines published between 2006 and 2019 were analyzed iteratively. The analysis focuses on values which are emphasized in the guidelines on the distribution of entities, knowledge, and tasks between users and researchers. The analysis indicates that users and researchers are constructed differently; researchers are mainly constructed as responsible initiators and caretakers, while users are constructed as powerless and vulnerable. The guidelines portray the collaboration process as harmonious and assume a normative perspective. In doing so, challenges described in the literature related to power imbalances are not addressed. Based on these findings, we ask if these guidelines might function to maintain existing power imbalances between users and researchers. (shrink)

Scientists have the ability to influence policy in important ways through how they present their results. Surprisingly, existing codes of scientific ethics have little to say about such choices. I propose that we can arrive at a set of ethical guidelines to govern scientists’ presentation of information to policymakers by looking to bioethics: roughly, just as a clinician should aim to promote informed decision-making by patients, a scientist should aim to promote informed decision-making by policymakers. Though this may sound (...) like a natural proposal, I show it offers guidance that conflicts with standard scientific practices. I conclude by considering one cost of the proposal: that it would prevent scientists from acting as advocates in a way that is currently common in certain fields. I accept that the proposal would restrict scientists’ political advocacy rights, but argue that the benefits of adopting it — promoting democratic governance — justify the restriction. (shrink)

The principle of providing post-trial access for research participants to successful products of that research is widely accepted and has been enshrined in various declarations and guidelines. While recent ethical guidelines recognise that the responsibility to provide post-trial access extends to sponsors, regulators and government bodies as well as to researchers, it is the researchers who have the direct duty of care to participants. Researchers may thus need to act as advocates for trial participants, especially where (...) class='Hi'>government bodies, sponsors, and regulatory bodies have complex interests vested in decisions about whether or not new interventions are made available, how, and to whom. This paper provides an empirical account of post-trial access in the context of HIV prevention research. It describes both access to the successful products of research and the provision antiretroviral drugs for trial participants who acquire HIV. First, we provide evidence that, in the current system, there is considerable variation in the duration and timeliness of access. We then argue that by analysing the difficulties faced by researchers to this point, and their efforts to meet this obligation, much can be learned about how to secure post-trial access in HIV biomedical preventions trials. While researchers alone have a limited obligation, their advocacy on behalf of trial participants may be necessary to call the other parties to account. (shrink)

The global environmental crisis and resulting disasters today have threatened life in general, especially human life. According to Fritjof Capra, one feasible solution to this global environmental crisis is to build sustainable human communities based on what he calls ecological literacy. Ecological literacy itself stands for our ability to understand the principles of organization common to all living systems and is used as a guideline for creating sustainable human communities. Capra underlines the need to redesign our communities, including our educational (...) communities, business communities, political communities and all aspects of our daily life, so that the principles of ecology become principles of all our human communities. For Capra, the implementation of such a sustainable society is possible to achieve through the so-called eco-design, which is both scientifically and technically feasible. Nonetheless, the success of the major project to develop a sustainable eco-literate society does not simply depend on the individual awareness of eco-literacy. It also depends on the political will of the government to issue public policies—including legislation—to force all stakeholders to act in accordance with, and based on, ecoliteracy. Keywords: Ecological literacy, ecological principles, sustainable human community, eco-design, sautopoesis dissipative systems, natural capital. Abstrak: Krisis dan bencana lingkungan hidup global telah mengancam kehidupan pada umumnya, termasuk kehidupan manusia. Menurut Fritjof Capra, salah satu solusi untuk mengatasi krisis dan bencana lingkungan hidup global itu adalah dengan membangun masyarakat manusia yang berkelanjutan berdasarkan apa yang disebutnya sebagai melek ekologi, yaitu kemampuan kita untuk memahami prinsip-prinsip pengorganisasi yang berlaku pada semua sistem kehidupan dan menggunakannya sebagai pedoman dalam menciptakan masyarakat yang berkelanjutan. Capra sangat menekankan perlunya merancang ulang komunitas-komunitas kita, termasuk komunitas pendidikan, komunitas bisnis, komunitas politik, dan seluruh kehidupan kita sehari-hari, agar prinsip-prinsip ekologis tersebut diwujudkan sebagai prinsip dari komunitas-komunitas tersebut. Bagi Capra, implementasi dari masyarakat berkelanjutan seperti itu dapat dicapai melalui apa yang disebutnya sebagai rancang bangun ekologis (eco-design) yang secara ilmiah dan teknis sangat layak diterapkan. Hanya saja, keberhasilan proyek besar membangun masyarakat berkelanjutan berdasarkan melek ekologi ini tidak hanya bergantung pada kesadaran moral individu akan melek ekologi di atas. Keberhasilan proyek besar itu juga sangat bergantung pada kemauan politik pemerintah untuk mengeluarkan kebijakan publik—termasuk undang-undang—guna memaksa semua pemangku kepentingan untuk bertindak sesuai dengan dan berdasarkan kesadaran ekologis tadi. Kata-kata Kunci: Melek ekologi, prinsip-prinsip ekologi, masyarakat berkelanjutan, rancang bangun ekologis, sistem autopoesis disipatif, modal alam. (shrink)

. In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts Theory (ISCT), we (...) conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory. (shrink)

Scepticism about ought simpliciter is the view that there is no such thing as what one ought simpliciter to do. Instead, practical deliberation is governed by a plurality of normative standpoints, each authoritative from their own perspective but none authoritative simpliciter. This paper aims to resist such scepticism. After setting out the challenge in general terms, I argue that scepticism can be resisted by rejecting a key assumption in the sceptic’s argument. This is the assumption that standpoint-relative ought judgments bring (...) with them a commitment to act in accordance with those judgments. Instead, I propose an alternative account of our normative concepts according to which only ought simpliciter judgments commit one to acting in accordance with those judgments. In addition to answering the sceptical challenge, the proposal offers an independently motivated account of what makes a concept normatively authoritative. (shrink)

Much of the literature on impairment to self-governance focuses on cases in which a person either lacks the ability to protect herself from errant urges or cases in which a person lacks the capacity to initiate self-reflective agential processes. This has led to frameworks for thinking about self-governance designed with only the possibility of these sorts of impairments in mind. I challenge this orthodoxy using the case of melancholic depression to show that there is a third way that self-governance can (...) be undermined: an agent may fail to form the desire she most wants to act on. (shrink)

Volume 20, Issue 10, October 2020, Page W4-W7.

Current models of speech motor control rely on either trajectory-based control (DIVA, GEPPETO, ACT) or a dynamical systems approach based on feedback control (Task Dynamics, FACTS). While both approaches have provided insights into the speech motor system, it is difficult to connect these findings across models given the distinct theoretical and computational bases of the two approaches. We propose a new extension of the most widely used dynamical systems approach, Task Dynamics, that incorporates many of the strengths of trajectory-based approaches, (...) providing a way to bridge the theoretical divide between what have been two separate approaches to understanding speech motor control. The Task Dynamics (TD) model posits that speech gestures are governed by point attractor dynamics consistent with a critically damped harmonic oscillator. Kinematic trajectories associated with such gestures should therefore be consistent with a second-order dynamical system, possibly modified by blending with temporally overlapping gestures or altering oscillator parameters. This account of observed kinematics is powerful and theoretically appealing, but may be insufficient to account for deviations from predicted kinematics—i.e., changes produced in response to some external perturbations to the jaw, changes in control during acquisition and development, or effects of word/syllable frequency. Optimization, such as would be needed to minimize articulatory effort, is also incompatible with the current TD model, though the idea that the speech production systems economizes effort has a long history and, importantly, also plays a critical role in current theories of domain-general human motor control. To address these issues, we use Dynamic Movement Primitives (DMPs) to expand a dynamical systems framework for speech motor control to allow modification of kinematic trajectories by incorporating a simple, learnable forcing term into existing point attractor dynamics. We show that integration of DMPs with task-based point-attractor dynamics enhances the potential explanatory power of TD in a number of critical ways, including the ability to account for external forces in planning and optimizing both kinematic and dynamic movement costs. At the same time, this approach preserves the successes of Task Dynamics in handling multi-gesture planning and coordination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ill HUME ON THE MORALITY OF PRINCES "There is a maxim very current in the world," says Hume (Treatise III, ii, sec. 11) "that there is a system of morals calculated for princes, much more free than that which ought to govern private persons. " He interprets the maxim to mean that "the morality of princes... has not the same force as that of private persons, and may lawfully (...) be transgress 'd from a more trivial motive." And he gives as an example: "we must necessarily give a greater indulgence to a prince or minister, who deceives another; than to a private gentleman, who breaks his word of honour" (T 569). This passage, cryptic though it is, makes Hume sound bad. He seems to be a cynic, or a skeptic, or an immoralist, with respect to the morality of nations. Does he think that princes have a special right to act immorally? Even worse is the reason he gives: international relations just don't matter very much, he says. And the chapter in question is not just a self-contained essay more or less tacked on to the Treatise. Hume tries to connect it integrally with his theory of justice. The point of the chapter is not to put forward a view about the morality of international relations (a view Hume himself admits may be found shocking), but to demonstrate the power of the theory of justice by showing how the "maxim current in the world" can be defended upon the theory's principles. The passage has not won approval from recent commentators. One, Marshall Cohen, labels Hume a "moderate skeptic" with regard to international morality and argues vehemently that Hume's position 2 should be condemned as immoral. Cohen, who thinks that there is only one system of morality and that it 112 applies "with equal force to princes and private persons," evidently thinks any system weakening ordinary standards is immoral by definition. He traces Hume's allegedly morally flawed views to what he regards as a deep flaw in Hume's moral theory, namely, his conventionalism. J. L. Mackie and Jonathan Harrison are both considerably more sympathetic to Hume's general position, but nevertheless are critical of the chapter in question. They agree with Hume's observation that international morality is weaker than private. (Harrison points out that people tend to regard breaches of private morality as more serious than breaches of international morality: "A minister may be dismissed for sexual misconduct, although he breaks solemn treaties with other nations with impunity." But, contrary to Hume, they find this weakness deplorable, Harrison arguing that, given the relative amount of harm princes do, the indulgence allowed them is irrational. Harrison in fact at first agrees with Hume: "He is right, too, in suggesting that the obligations of nations to be just in their dealings with one another is [sic] of less force than the obligations of private persons." But after ten pages he has evidently changed his mind: "[with respect to] what Hume says about the comparative force of the morality of princes and the morality of private persons, though it is clear that there is nothing in principle wrong with Hume's view that the former has less force than the latter... it is doubtful whether he is right in saying that the former do in fact have less force than the latter." Like Cohen, who holds that "Injustice among nations should be regarded as being as reprehensible as injustice among individuals," Harrison concludes (more tentatively than Cohen) "my 113 own feeling... is that though Hume is right in thinking that the morality of princes is commonly regarded as being of less force than private morality, he is wrong... in thinking that... they [sic] are of less force." So none of our commentators agree with Hume that international morality not only is, but is properly, weaker than domestic. How did Hume go wrong? Hume argues that international morality is weaker because the interests at stake are less. Where the interests at stake do not matter very much, Hume thinks, it is not so important what people do, and thus the moral obligations involved are weaker. (Hume thinks this idea... (shrink)

[Opening sentences:]What business does the government have in sticking its nose into people’s private affairs? What affairs could be more legitimately private than relationships involving sex and love? LOCKEAN LIBERTARIANISM These questions resonate with many individuals across a wide range of ideologies and beliefs. For many of us these questions will strike us as rhetorical questions to which the obvious answers are “none” and “none.” These responses reflect a Lockean libertarian strain in the social thinking of many intelligent and (...) thoughtful people. But of course matters are more complex, even as viewed from a Lockean libertarian perspective.1 Sex and love tend to bring about new children, and causing a child to exist is a social act with wide consequences for other people who could not be supposed to consent to bear these consequences. Libertarians will regard with equanimity the showering of externalities in the form of benefits that typically accompany the creation and upbringing of a responsible competent person who becomes a useful member of society. The libertarian will insist that the receipt of such benefits does not generate any reciprocal obligations to benefit those who benefit us in these unconsented to ways.—at least, not obligations that are legitimately enforceable and that justify forcible imposition on people’s liberty to lead their lives as they choose. But bringing children into the world can and often does impose net costs on people who do not consent to bear these costs. The introduction of one extra person may strain scarce resources... (shrink)

Previous assurance-theoretic treatments of testimony have not adequately explained how the transmission of warrant depends specifically on the speaker’s mode of address – making it natural to suspect that the interpersonal element is not epistemic but merely psychological or action-theoretic. I aim to fill that explanatory gap: to specify exactly how a testifier’s assurance can create genuine epistemic warrant. In doing so I explain (a) how the illocutionary norm governing the speech act proscribes not lies but a species of (...) bullshit, in an extension of Harry Frankfurt’s sense, (b) how that norm makes testimony fully second-personal, in Stephen Darwall’s sense, or bipolar, in Michael Thompson’s sense, and (c) how that species of second-personality or bipolarity is more fundamental than the practical species that Darwall and Thompson discuss. One attraction of this new Assurance View of testimony is that it allows us to reconceptualize the natures of normativity and responsibility more generally, viewing the assurance as implicating us in normative relations of recognition, and therefore of justice, that are not yet moralized with reactive attitudes. (shrink)

Background Moral courage is the ability to defend and practice ethical and moral action when faced with a challenge, even if it means rejecting pressure to act otherwise. However, moral courage remains an unexplored concept among middle eastern nurses. Aim This study investigated the mediating role of moral courage in the relationship between burnout, professional competence, and compassion fatigue among Saudi Arabian nurses. Research design Correlational, cross-sectional design following the STROBE guidelines. Participants and research context Convenience sampling was used (...) to recruit nurses ( n = 684) for four government hospitals in Saudi Arabia. Four validated self-report questionnaires (Nurses’ Moral Courage Scale, Nurse Professional Competence Scale-Short Form, Maslach Burnout Inventory, and Nurses Compassion Fatigue Inventory) were used to collect data between May to September 2022. Spearman rho and structural equation modeling analyses were employed to analyze the data. Ethical considerations The ethics review committee of a government university in Ha’il region, Saudi Arabia, approval this study (Protocol no.: H-2021-012; Approved: 08/022,021). Participants were fully explained the study aims, and consent was voluntarily secured. Results The emerging model showed that burnout had a direct and positive influence on compassion fatigue, while professional competence had a direct, negative effect on compassion fatigue. Moral courage had a small and direct but negative influence on compassion fatigue. Mediation analyses also indicated that moral courage significantly mediated the indirect effects of burnout and professional competence on compassion fatigue. Conclusion Moral courage can be a crucial aspect in preserving the psychological and mental health of nurses, particularly under stressful conditions. Therefore, it is advantageous from an organizational and leadership standpoint to implement measures such as programs and interventions to foster moral courage among nurses. (shrink)

Many commentators suppose that morality, objectively construed, must possess a minimal sort of explanatory relevance if moral realism is to be plausible. To the extent that moral realists are unable to secure explanatory relevance for moral facts, moral realism faces a problem. Call this general objection an “explanatory objection” to moral realism. Despite the prevalence of explanatory objections in the literature, the connection between morality’s explanatory powers and moral realism’s truth is not clear. This paper (...) considers several different reasons for subjecting morality to explanatory scrutiny and concludes that none of them uncover a special or compelling explanatory problem for realism. In light of these difficulties, an alternative account of the connection between moral realism and moral explanation is developed. Not only does this account make sense of explanatory objections to realism, it turns out that realists may have the resources to defend themselves against this explanatory concern, properly understood. (shrink)

Through systematic case analyses of much-discussed social media cases, both negative aspects and best practices of social media use are revealed. Ethical theory is applied to these cases as a means of analysis to reveal the moral principles associated with each case. Four cases are analyzed, ranging from bad to arguably innovative. Based upon comparing the moral principles upheld or violated, descriptive ethics are used to infer normative ethical guidelines to govern the use of social media. Fifteen ethical (...) class='Hi'>guidelines derived from the cases and normative moral theory are offered as a way to begin a discussion that leads to a deeper understanding of ethics in the burgeoning realm of digital engagement. (shrink)

Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 As relações entre a Igreja Católica e o Estado Novo foram, de uma forma geral, caracterizadas pela sua estreita proximidade. No entanto, na década de 60, um sector católico começa a afastar-se das directrizes do Governo, nomeadamente no que diz respeito à sua política colonial, tornando-se protagonistas de iniciativas de oposição à guerra e ao carácter ditatorial do regime. Os ventos (...) de mudança que, na época, atravessavam os corredores da Santa Sé movidos pelo Concílio Vaticano II não foram alheios a esta situação, estando relacionados, em termos cronológicos, tácticos e ideológicos, com o fenómeno da oposição católica portuguesa. De facto, os católicos portugueses não poderiam ficar indiferentes às reflexões motivadas por documentos como a Constituição Pastoral Gaudium et Spes ou mesmo pela anterior Carta Encíclica Pacem in Terris , que em muito se adequavam à situação nacional. As orientações contraditórias da Igreja e do Estado português obrigaram, assim, alguns católicos a marcar a sua posição, impedindo-os de “ servir a dois senhores ”. Palavras-chav e: Portugal; Vaticano II; Estado Novo; Oposição católica.The relationship between the Catholic Church and the Estado Novo was a very close one. Nevertheless, in the sixties, a sector of the Catholic Church began parting from the government’s prime directives, in particular the ones concerning the colonial policy, becoming protagonist of actions against the war and the regime’s dictatorial character. The winds of change provoked by Vatican II that, at the time, ran through the Holy See were not indifferent to the whole situation, being related to the Portuguese Catholic opposition chronologically, tactically and ideologically speaking. In fact, the Portuguese Catholics could not stay indifferent to the reflections motivated by documents as the Pastoral Constitution Gaudium et Spes or the previous encyclical Pacem in Terris , that were perfectly adapted to the national situation. The Church’s and the Portuguese colonial policy’s opposing guidelines made some Catholics to make a stand, preventing them of “serving two masters”. Key words: Portugal; Vatican II; Estado Novo; Catholic opposition. (shrink)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...) punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

Liberal political thought has traditionally been hostile to the arbitrary power of rulers. It has, however, qualified this hostility through its promotion of what Locke calls ?prerogative?, the need for rulers to act in defence of the public good ? but on occasion outside the constraints of law. Liberal thought has tended to overlook the arbitrary powers of citizens and private organisations. This is due, first, to its commitment to individual liberty. But it is also due ?more substantially ? to (...) the belief that private agents and corporations, even when not constrained by law, are none the less subject to the non?legal sanctions and rewards imposed by the market and other aspects of civil society. Neo?liberalism is not rendered distinctive by its promotion of arbitrary power, since this has always featured in liberal government. Neo?liberalism is distinguished rather by its promotion of arbitrary powers across the full range of organs of governance ? from departments of government, through publicly and privately owned corporations, to ostensibly non?governmental bodies like charities, churches and so on. This advance in liberal promotion of arbitrary power has significant implications for the evolution of contemporary democracy. (shrink)

The corporate meltdowns of this and the previous decade in the US - WorldCom, Enron, Tyco, and in Australia - FAI, HIH and AWB being among the many examples - have resulted in the governments of those two countries introducing legislation and policy guidelines aimed at minimising future corporate misbehaviour. -/- The US has introduced the Sarbanes Oxley Act, with requirements on corporate accountants and auditors, as well as its whistleblowing provisions. It has revised the Federal Sentencing Guidelines (...) for Organizations. New rules for the NYSE and NASDAQ have also been introduced. In addition, the U.S. Securities and Exchange Commission and U.S. Department of Justice have further strengthened the Foreign Corrupt Practices Act 1977, last revised in 1997. -/- Australia has revised the Corporations Act to include whistleblower protection clauses as well as adopted the ASX Corporate Governance guidelines. Standards Australia has issued its handbook on corporate governance. Although not a business issue, the Australian government has also announced that it will introduce whistleblower protection legislation for the public sector by the end of its first term in office. This legislation will likely influence whatever the private sector does in this respect. The inclusion of whistleblower protection in both Sarbanes–Oxley and the Corporations Act reflects a growing body of research that finds that people internal to an organisation are the most effective way to identify corporate wrongs. The Commonwealth Treasury has recently issued an options paper, stating that the Corporations Act has been ineffectual. It has sought submissions on revisions to the legislation that the Australian Government could take. This paper examines the policies advocated by over 20 organisations and academics concerned with whistleblowing issues. It draws the conclusion that on current indications, even after further reform, Australian legislation and policies are still likely to be less effectual than overseas practices. -/- --------------------------------- . (shrink)

PurposeThe purpose of this paper is to study the evolution of Freedom of Information/Right to Information from an international perspective and analyse it as an indispensable tool for good governance through the use of information and communication technologies with special reference to India.Design/methodology/approachThis study examines the worldwide occurrence of Right to Information with reference to International Covenants, the genesis of RTI Act in India and the use of ICT in India as a tool for empowering the citizen's.FindingsThe study demonstrates that (...) RTI has far reaching impact and it clearly contributes to a better and informed citizenry however the use of ICT in India can further facilitate the access of such records.Research limitations/implicationsThe study focuses on the genesis of RTI from an international perspective but the use of ICT for further facilitating the use of RTI is limited to Indian context.Practical implicationsThe paper will outline a detailed analysis on the present usage of ICT and the initiatives taken for facilitating information dissemination and further provide suggestions for the benefit of civil society towards good governance.Originality/valueThe study is the first to address the issue of the implementation of right to information act through the use of ICT and also suggests methodology for its further improvement. Also, the study comprehends the genesis of RTI both from the international as well as Indian perspective. (shrink)

Applying speech act theory to the phenomenon of hate speech, some philosophers seek to explain how even ordinary people can obtain the capacity, power, or authority to oppress, subordinate, or marginalise the targets of their verbal attacks. Such explanations are answers to what is called the authority problem. However, hitherto these philosophers have focused exclusively on standard examples of racist speech in which members of historically oppressor groups verbally attack members of oppressed groups. In this paper, I address the (or (...) an) authority problem in relation to examples of reverse hate speech, where members of historically oppressed groups verbally attack members of oppressor groups. I critically examine two conventional answers to the authority problem: the first is that even ordinary people can successfully perform prototypical hate speech acts by virtue of being participants in norm-governed social practices of racism; the second is that such people can do so by virtue of the silence of bystanders granting them licensed authority. I argue these conventional answers have lesser explanatory heft as applied to examples of reverse hate speech. I then introduce and defend a third answer to the authority problem, which I believe can adequately account for examples of both standard and reverse hate speech, namely the possession of informal social authority. (shrink)

Government can control conflicts of interest in business firms by either issuing obligatory commands to behave in a specified way or by creating incentives to alter private behavior. In order to choose between these two approaches, we also need to know something about the nature of the subject firms and the way that they are likely to respond to particular stimuli. Legislators and legal scholars often rely on intuition to predict the behavior of firms, but this will not suffice (...) for such a complex situation. Fortunately, there is a well-developed body of scholarship that addresses organizational behavior; unfortunately, like many bodies of scholarship, it contains rival and conflicting approaches. This article discusses four of these approaches to organizational behavior: the nexus of contracts theory, an application of rational choice theory to corporations; decision theory; general systems theory and its recent autopoetic variants; and new institutionalism. It then uses each of these approaches to predict the way that firms will respond to obligatory commands and behavior incentives. The specific cases it discusses are the U.S. Sentencing Commission’s Organizational Sentencing Guidelines, the Sarbanes-Oxley Act, and contemporary compliance theory’s idea of reasonable, responsive, or cooperative enforcement. (shrink)

During his lifetime, Sir Ivor Jennings was well known as the author of several standard books on constitutional law. He acted as constitutional adviser to the governments of Ceylon and Pakistan and was Vice-Chancellor of the University of Ceylon. This 1956 book followed in the tradition of his earlier The British Constitution and is a clear statement by an expert with a characteristically practical point of view. It is principally concerned with a practical problem: what constitution shall be given to (...) a new country about to govern itself for the first time? Published at a time when colonial empires were moving more or less peaceably towards self-government, it was based on a series of broadcast talks originally commissioned by the BBC in the belief that the experiences gained in Asia were in principle applicable to other countries approaching self-government. (shrink)

Most philosophical writing is impersonal and argumentative, but many important philosophers have nevertheless written accounts of their own lives. Filling a gap in the market for a text focusing on autobiography as philosophy, this collection discusses several such autobiographies in the light of their authors' broader work, and considers whether there are any philosophical tasks for which life accounts are particularly appropriate. Instead of the common impersonal and argumentative forms of ordinary philosophical discussion, these autobiographical texts are deeply personal and (...) largely narrative or explanatory. The contributors to this book examine the philosophical significance of philosophers’ autobiographies and whether or not there are broadly philosophical tasks for which this sort of writing is particularly suited. _Autobiography as Philosophy_ contains a general discussion about the relation between philosophical and autobiographical writing, and essays on the specific writings of Augustine, Abelard, Montaigne, Descartes, Vico, Hume, Rousseau, Newman, Mill, Nietzsche, Collingwood and Russell by specialists on the works of these individuals. Original and distinctive in its efforts to think about the writings of historically recognized philosophers as communicative acts governed by their own distinctive interests and purposes, the book reveals that it is as much about the texts and the authors as it is about their doctrines and arguments. As a result the book steps back from many of the issues of substantive philosophical discussion to reflect on certain forms of writing as means to philosophical ends, to consider what those ends have included. (shrink)

The article presents artistic body interventions as tactics of minimal resistance to the governance over those bodies, i.e., resistance to the apparatuses that govern, control and manage our bodies, and those that also make our bodies sacred. This means the resistance to the apparatuses that separate my body from my own management. Giorgio Agamben calls for the strategy of profanation, for bringing back what was sacred to the use and property of humans. The author offers a thesis that the artistic (...) acts that resist to the power over the bodies do not construct counter-apparatuses to the apparatuses of power, but they do challenge or even sometimes subvert the machines of governance over the bodies. (shrink)

Like nuclear energy, most technologies could have dual use—for health and well being and disaster and terror. Some research publications have brought to the forefront the tragic consequences of the latter potential through their possible use. Monitoring life science research and development (R&D) to prevent possible misuse is a challenging task globally, more so in developing economies like India, which are emerging as major biotech hubs. As a signatory to the Biological and Toxin Weapons Convention, India has put in motion (...) a process of evolving a series of measures to manage dual-use technology. The Indian Council of Medical Research (ICMR) has taken a lead in drafting model codes of conduct, ethics and practice for use by other S&T agencies to tailor them as per their requirements. Taking cue from the discussions held by the editors of the various medical and science journals in the developed world, the Indian Journal of Medical Research, the official publication of the ICMR, is working on policy and uniform practice of publication of dual-use research results. The Government of India too has promulgated legal provisions to minimize the risks of misuse of technology, like the Weapons of Mass Destruction Act. Clearly, no single agency would be able to manage the dual-use of technology effectively. Multiple agencies have to come together to work in tandem for effective implementation of various measure and also like Janus, ensure that they are neither too restrictive nor intrusive to discourage the development of science. (shrink)

The mitigation of pandemics like that caused by the current COVID-19 virus is largely dependent on voluntary public adherence to government rules and regulations. Recent research has identified various individual covariates that account for some of the variance in compliance with COVID-19 behavioral guidelines. However, despite considerable research, our understanding of how and why these factors are related to adherence behavior is limited. Additionally, it is less clear whether disease-transmitting behaviors during a pandemic can be understood in terms (...) of more general behavioral tendencies. The current research has examined the utility of a behavioral-failure lens in predicting adherence to COVID-19 guidelines and in illuminating mechanisms underlying the previously established relationship between Conscientiousness and adherence. In the two studies reported here, individual variations in the predisposition to behavioral failures predicted adherence to COVID-19 measures, and mediated the relationships between Conscientiousness and adherence. The Failure Proneness questionnaire predicted compliance with COVID-19 guidelines, while the Cognitive Failure Questionnaire did not. The results of hierarchical regressions showed that COVID-19 behavior was predicted only through the intentional factors. Hence, our data lend support to the notion that noncompliance with official COVID-19 prevention guidelines is driven mainly by intentional factors related to violation of norms and rules. The theoretical and practical implications of this finding are discussed. (shrink)

Ethics and ethical behaviour are the fundamental pillars of a civilised society. The focus on ethical behaviour is indispensable in certain fields such as medicine, finance, or law. In fact, ethics gets precedence with anything that would include, affect, transform, or influence upon individuals, communities or any living creatures. Many institutions within Europe have set up their own committees to focus on or approve activities that have ethical impact. In contrast, lesser-developed countries are trying to set up these committees to (...) govern their academia and research. As the first European consortium established to assist academic integrity, European Network for Academic Integrity, we felt the importance of guiding those institutions and communities that are trying to conduct research with ethical principles. We have established an ethical advisory working group within ENAI with the aim to promote ethics within curriculum, research and institutional policies. We are constantly researching available data on this subject and committed to help the academia to convey and conduct ethical behaviour. Upon preliminary review and discussion, the group found a disparity in understanding, practice and teaching approaches to ethical applications of research projects among peers. Therefore, this short paper preliminarily aims to critically review the available information on ethics, the history behind establishing ethical principles and its international guidelines to govern research.The paper is based on the workshop conducted in the 5th International conference Plagiarism across Europe and Beyond, in Mykolas Romeris University, Lithuania in 2019. During the workshop, we have detailed a) basic needs of an ethical committee within an institution; b) a typical ethical approval process ; and c) the ways to obtain informed consent with some examples. These are summarised in this paper with some example comparisons of ethical approval processes from different universities. We believe this paper will provide guidelines on preparing and training both researchers and research students in appropriately upholding ethical practices through ethical approval processes. (shrink)

Nearly two decades of debate have not settled the definition of research misconduct. The literature provides four explanatory frameworks for misconduct. The paper examines these frameworks and maps them onto efforts by the U.S. Public Health Service to define research misconduct and subsequent responses to these efforts by the scientific community. The changing frameworks suggest that closure will not be achieved without an authoritative effort, which may occur through the Research Integrity Panel’s recent attempt to create a government-wide (...) definition. (shrink)

This section is focused on some areas of concern which were identified in The Report of the Royal Commission into Commercial Activities of Government and Other Matters (1990–1992). In the Report a number of situations were examined in which some individuals acted without recourse to any ethical guidelines. Most of the people mentioned in the Report held responsible positions in either Government or the private sector, and all were very well known in the community. The Report of (...) the Royal Commission made a number of findings of serious impropriety on the part of several individuals, although there was comparatively little evidence of illegal or corrupt conduct. This section shows what happened to a governmental system in an Australian state when a number of Ministers and their advisors placed their personal or party advantage over their constitutional obligation to act in the community''s interests.Those who cannot remember the past are condemned to repeat it. (shrink)

Around the world, a growing number of communities are voicing their demands for authority in the governance of research involving them. Many such communities have experienced histories of exploitative, stigmatizing, intrusive research that failed to benefit them. To better understand what strategies communities are developing in order to have a say in research oversight, we conducted a scoping review of the international peer-reviewed and grey literature. Three primary strategies were identified: (1) guidelines; (2) community review boards; and (3) community (...) advisory boards. Guidelines include documents developed by, with, or for communities to outline ethical behavior or conduct in research with or within the community. Community review boards offer ethical review of research protocols, much like traditional research ethics boards, but are community led and focus on community interests. Community advisory boards consist of representatives from a given community and are developed to advise institutions or research teams on community-level ethical matters pertaining to research projects. Initiatives led by Indigenous communities far outnumbered others in the sample, reflecting the legacy of continuous Indigenous resistance to research as a tool of colonialism. In several cases, communities in marginalized neighbourhoods, where harmful and exploitative research practices have taken place, emphasized the significance of community-led governance grounded in shared geographical and social contexts. We discuss some of the beneficial and challenging features of each type of strategy and offer recommendations for stakeholders who wish to support community-led efforts in research ethics. (shrink)

Codes of governance have mushroomed in contexts operating under a single, dominant institutional logic, such as publicly listed corporations. These codes act as institutional prescriptions that help spread best practices throughout industries. More recently, in some countries, specific codes have been developed for hybrid organizations that integrate multiple, conflicting institutional logics simultaneously, such as cooperative enterprises. Drawing on an extensive set of qualitative data, we ask how such institutional prescriptions may (fail to) address governance challenges in organizations with multiple, conflicting (...) institutional demands. In doing so, we extend current literature on governance of hybrid organizations, which has so far focused on individual and organizational levels, to include institutional-level strategies. While governance codes are often inspired by deontological ethics to solve issues in a single institutional logic, we find that governance codes for hybrid organizations should not prioritize a single institutional logic, nor follow a deontological approach to improving governance, but should, on a more pragmatist take, remain open to continuous learning. (shrink)

Most views of agency take acting for reasons (whether explanatory or justifying) to be an important hallmark of the capacity for agency. The problem, however, is that the standard analysis of what it is to act in light of reasons is not sufficiently fine grained to accommodate what we will argue are the myriad types of ways that agents can do so. We suggest that a full account of acting for reasons must also recognize the relationship that agents have (...) with their reasons. We focus on two types of relationships. The first is the traditional case, where agents act in light of reasons that they take to be their own and that they endorse. We describe this as possessing an Endorsement Relationship with one's reasons. A second way of relating to reasons is what we will describe as possessing a Directed Relationship with one's reasons. This includes cases in which agents' actions are the product of reasons but toward which agents do not have an Endorsement Relationship. The Endorsement Relationship is uncontroversial. In this paper, we defend the existence and importance of the Directed Relationship. We show that it is a genuine but overlooked way of relating to, and thereby acting for, reasons. (shrink)

The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of exploitation. The Act (...) instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)