In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts and humanities (...) I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

This is a unique, groundbreaking study in the history of philosophy, combining leading men and women philosophers across 2600 years of Western philosophy, covering key foundational topics, including epistemology, metaphysics, and ethics. Introductory essays, primary source readings, and commentaries comprise each chapter to offer a rich and accessible introduction to and evaluation of these vital philosophical contributions. A helpful appendix canvasses an extraordinary number of women philosophers throughout history for further discovery and study.

Homosexual aversion therapy enjoyed two brief but intense periods of clinical experimentation: between 1950 and 1962 in Czechoslovakia, and between 1962 and 1975 in the British Commonwealth. The specific context of its emergence was the geopolitical polarization of the Cold War and a parallel polarization within psychological medicine between Pavlovian and Freudian paradigms. In 1949, the Pavlovian paradigm became the guiding doctrine in the Communist bloc, characterized by a psychophysiological or materialist understanding of mental illness. It was taken up by (...) therapists in Western countries who were critical of psychoanalysis and sought more ‘scientific’ diagnostic and therapeutic methods that focused on empirical evidence and treating actual symptoms. However, their attitude towards homosexuality often played a decisive role in how they used aversion therapy. Whereas Czechoslovakian researchers cautioned readers about low success rates and agitated for homosexual law reform in 1961, most of their anglophone counterparts selectively ignored or misrepresented the results of ‘the Prague experiment’, instead celebrating single-case ‘success’ stories in their effort to correct ‘abnormal’ sexual orientation. In histories of queer sexuality and its pathologization, the behaviourist paradigm remains almost entirely unmapped. This article provides the most detailed study to date of aversion therapy literature from both sides of the East/West border. In doing so, it contributes to the project not only of ‘decentring Western sexualities’, but of decentring Western sexological knowledge. Given its Pavlovian origins, the history of homosexual aversion therapy can be fully understood only in the context of Cold War transnational sexological knowledge exchange. (shrink)

McGowan here responds to essays written in critical engagement with her lead essay (Just Words: On Speech and Hidden Harm: An Overview and an Application). She here responds to Caroline West, Ishani Maitra, Jeremy Waldron, Robert Mark Simpson, Lawrence Lengbeyer, Louise Richardsoon-Self, Laura Caponetto and Bianca Cepollaro.

ABSTRACT In ‘Just Words: On Speech and Hidden Harm: An Overview and an Application’, Mary Kate McGowan argues that some racist speech in public places should be made unlawful in the United States for the same reason that sexist behaviour in the workplace is already legally actionable—namely, to protect individuals from a hostile discriminatory environment. While McGowan may be correct that some public racist speech may constitute an act of discrimination in some morally significant sense, I present several reasons (...) for doubting that such speech constitutes a hostile discriminatory environment in the relevant legal sense. (shrink)

This study examines the relationship between teachers' beliefs and their practices at Key Stage 2 (ages 7-11) in relation to the use of questioning. Data were collected from interviewing and observing Key Stage 2 teachers at four schools in the West of England. A Straussian approach to grounded theory is followed broadly in order to analyse the data. In contrast to the findings of previous studies, which suggested a mismatch between teachers' beliefs and practices in that teachers, in certain (...) respects, do less than they claim, the research revealed that teachers use a variety of skills during their teaching that they may not always be aware of. It is also argued that teachers do not share researchers' language to express the way they teach. (shrink)

Background: The division of non-paid labor in heterosexual parents in the West is usually still gender-based, with mothers taking on the majority of direct caregiving responsibilities. However, in same-sex couples, gender cannot be the deciding factor. Inspired by Feinberg’s ecological model of co-parenting, this study investigated whether infant temperament, parent factors (biological relatedness to child, psychological adjustment, parenting stress, and work status), and partner relationship quality explained how first-time gay, lesbian, and heterosexual parents divided labor (childcare and family decision-making) (...) when their infants were four months and 12 months old. We also tested whether family type acted as a moderator. Method: Participants were drawn from [MASKED FOR REVIEW]. Only those who provided information about their biological relatedness (yes or no) to their child (N = 263 parents) were included. When infants were four months (T1), parents completed a password-protected online questionnaire exploring their demographic characteristics including work status and standardized online-questionnaires on task division (childcare and family decision-making), infant temperament, parental anxiety, parental depression, parental stress, and partner relationship satisfaction. When infants were 12-months-old (T2), parents provided information about task division and their biological relatedness to their children. Results: Linear mixed models showed that no factor explained the division of family decision making at T1 and T2. For relative time spent on childcare tasks at T1, biological relatedness mattered for lesbian mothers only: biologically related mothers appeared to spend more time on childcare tasks than did non-related mothers. Results showed that, regardless of family type, parents who were not working or were working part-time at T1 performed more childcare tasks at T1. This was still true at T2. The other factors did not significantly contribute to relative time spent on childcare tasks at T2. Conclusion: We had the opportunity to analyze the division of non-paid tasks in families where parenting was necessarily planned and in which gender could not affect that division. Although Feinberg’s model of co-parenting suggests that various factors are related to task division, we found that paid work outside the home was most important during the first year of parenthood in determining caregiving roles. (shrink)

The Ethical Matrix was developed to help decision-makers explore the ethical issues raised by agri-food biotechnologies. Over the decade since its inception the Ethical Matrix has been used by a number of organizations and the philosophical basis of the framework has been discussed and analyzed extensively. The role of tools such as the Ethical Matrix in public policy decision-making has received increasing attention. In order to further develop the methodological aspects of the Ethical Matrix method, work was carried out to (...) study the potential role of the Ethical Matrix as a decision support framework. When considering which frameworks to apply when analyzing the ethical dimensions of the application of agri-food biotechnologies, it is important to clarify the substantive nature of any prospective framework. In order to further investigate this issue, reflections on the neologism “ethical soundness” of an ethical framework are presented here. This concept is introduced in order to provide more structured evaluations of a range of ethical tools, including ethical frameworks such as the Ethical Matrix. As well as examining the philosophical dimensions of the method, theoretical analysis and literature studies were combined with stakeholder engagement exercises and consultations in order to review the Ethical Matrix from a user perspective. This work resulted in the development of an Ethical Matrix Manual, which is intended to act as a guide for potential user groups. (shrink)

John Stuart Mill was the leading British philosopher of the nineteenth century and his famous essay Utilitarianism is the most influential statement of the philosophy of utilitarianism: that actions, laws, policies and institutions are to be evaluated by their utility or contribution to good or bad consequences. Henry West has written the most up-to-date and user-friendly introduction to utilitarianism available. The book serves as both a commentary to and interpretation of the text. It also defends Mill against his critics. (...) An appendix reviews in detail the structure and arguments of Utilitarianism. This book is primarily intended as a textbook for students in philosophy assigned to read Utilitarianism but it should also prove helpful to students and professionals in other fields such as political science, history and economics. (shrink)

The purpose of this paper is to present the results of a natural experiment involving academic cheating by university students. We explore the relationship of moral judgment to actual behavior, as well as the relationship between the honesty of students self-reports and the extent of cheating. We were able to determine the extent to which students actually cheated on the take-home portion of an accounting exam. The take-home problem was not assigned with the intent of inducing cheating among students. However, (...) the high rate of observed cheating prompted the instructor to return to class and ask the students to provide information on their motivation. The students' responses are the data analyzed in this natural experiment. We found that in a simple regression the relationship between moral judgment scores and cheating behavior was insignificant. However, when we tested whether including Utilizer scores affected the relationship of cheating and moral judgment we found that Utilizer affected the relationship significantly. Finally, we found that moral judgment and honesty were not related, but higher levels of cheating behavior related to less honesty. (shrink)

Where Medicine Went Wrong explores how the idea of an average value has been misapplied to medical phenomena, distorted understanding and lead to flawed medical ...

An increase in the number of companies that publish corporate social responsibility (CSR) statements, and a rise in their ‘sustainability’ research, reflects a growing acceptance that broad ethical considerations are key for any type of company. However, little is known about how companies consider moral objectives for their research and development (R&D) activities, or the basis upon which these activities are chosen. This research involves qualitative investigation into Responsible Research and Innovation (RRI) in the Information and Communication Technology (ICT) industry, (...) comprising 30 in-depth, pan-European interviews with key personnel in the industry, and focus groups with employees at 14 different companies. Through investigation of the ‘responsible’ activities these companies currently undertake, we shed light on the types of moral goals they set and their underlying ethical standpoints. By reviewing both the responsible innovation and sustainability discourses, and presenting phenomenological evidence, we demonstrate that companies have adopted some aspects of RRI, even though it might not be recognised as such. Our findings indicate that these innovators recognise some of the ethical and societal concerns associated with their activities but their approach is often piecemeal; primary focus is upon the most immediate issues and on legal compliance, to the detriment of broader societal issues and wider challenges. We recommend explicit mechanisms that draw upon established ethical thought and practical academic work to improve companies' abilities to carry out their sustainability activities, and incorporate them into a responsible business strategy. We conclude with recommendations for innovators, corporate research and development, and policy. (shrink)

This article provides an analysis of the relationships between IVF and therapeutic cloning, as they played out in the UK Human Fertilisation and Embryology Authority consultation of 2006: Donating Eggs for Research: Safeguarding Donors. We develop an account of current developments in IVF and cloning which foregrounds the role of mediation in structuring the discursive context in which they are constituted. We foreground the imperative of choice and the promise of cures as key features of this context. We also argue (...) that the intercorporeal exchanges of IVF are materially restructured in relation to cloning research, despite their represented similitude in the consultation document. The discourse of choice in relation to reproductive technologies has become entrenched over the last twenty years. In relation to therapeutic cloning, it has been coupled with, and strengthened by, the discourse of cures. In examining relations between IVF and cloning with specific attention to both mediating imaginaries, and intercorporeal exchanges, we develop an analysis that displaces the rhetoric of choice and cures. This makes visible the limited subject positions available, and the limited possibilities for responding critically to the consultation. Identifying women as the gendered subjects of this consultation and placing intercorporeality at the centre of our analysis illuminates the interdependency of women undergoing IVF, cloning science and the governance of embryo research in the UK. (shrink)

Darwin proposed that evolutionary novelties are environmentally induced in organisms “constitutionally” sensitive to environmental change, with selection effective owing to the inheritance of constitutional responses. A molecular theory of inheritance, pangenesis , explained the cross‐generational transmission of environmentally induced traits, as required for evolution by natural selection. The twentieth‐century evolutionary synthesis featured mutation as the source of novelty, neglecting the role of environmental induction. But current knowledge of environmentally sensitive gene expression, combined with the idea of genetic accommodation of mutationally (...) and environmentally induced change, supports a revival of Darwin's original theory that is consistent with modern molecular and population genetics. †To contact the author, please write to: Smithsonian Tropical Research Institute, c/o Escuela de Biología, Universidad de Costa Rica, Costa Rica; e‐mail: [email protected]. (shrink)

Expanding buprenorphine access in the United States requires evidence-based decision-making that considers both the drug's potential dangers and its potential benefits. Risks associated with buprenorphine misuse and diversion highlight the need for careful, ongoing evaluation during each stage of increased access.

We present the Welleye – a novel and conceptually clear framework that shows how attention links the objective circumstances of people’s lives and selves to how they spend their time and feel day to day. While existing wellbeing frameworks in policy contain many of the factors included in the Welleye, they all lack attention as the “lens” that determines the impact of these factors on how people feel. Policymakers and organizations can use the Welleye to better understand how people are (...) faring and design and evaluate interventions aimed at making people better off. (shrink)

Conflict resolution practitioners consistently struggle with access to structured armed conflict data, a dataset already rife with uncertainty, inconsistency, and politicization. Due to the lack of a standardized approach to collating conflict data, publicly available armed conflict datasets often require manipulation depending upon the needs of end users. Transformation of armed conflict data tends to be a manual, time-consuming task that nonprofits with limited budgets struggle to keep up with. In this paper, we explore the use of a deep natural (...) language processing model to aid the transformation of armed conflict data for conflict analysis. Our model drastically reduces the time spent on manual data transformations and improves armed conflict event classification by identifying multiple incidence types. This minimizes the human supervision cost and allows nonprofits to access a broader range of conflict data sources to reduce reporting bias. Thus, our model contributes to the incorporation of technology in the peace building and conflict resolution sector. (shrink)

Essays honoring the work of Catholic ethicist James F. Keenan.

I am a social gerontologist, broadly defined as a social scientist who studies how later life is experienced, structured, and controlled in a society and in social settings. Although gerontology is often confused with geriatrics (a medical specialty), gerontologists are typically not clinicians but may study issues related to old age and health care such as the societal conditions that shape how medical care is provided and financed and how early exposure to education relates to later life health.In this essay, (...) I argue that thinking like a gerontologist is important when considering what makes a good life in late life. To think like a gerontologist is to consider the cultural and societal values—past and present—that shape the experience of aging, to recognize people as complex beings whose individual lives do not follow predictable patterns or easily identified trajectories, and to recognize our own habits of regarding older persons as “other” and the consequences of “othering” for older persons and social systems. After a brief history of gerontology, highlighting a few core concepts that gerontologists share, I propose three important questions to consider regarding a good life in late life. (shrink)

The field of quantitative analysis is often mistaken to be a discipline free from ethical burdens. The quantitative financial analyst or “quant” profession holds a position of significant responsibility as the keeper of mathematical models used in complex derivative security pricing and risk management. Despite this responsibility very few postgraduate programs address the teaching of ethics and professional standards in their curriculum, and the credibility of the profession has suffered as a result of several high-profile financial losses. Some of these (...) failures could have been avoided and their impacts diminished if ethical considerations were integrated with quantitative method. Appropriate development in ethics education for quants is needed to identify points in the decision-making process where ethical questions can arise, and to explain how quants can protect stakeholders from the costs of unethical behaviour. An approach to ethics education needs to be flexible and allow for different methods to infuse ethical coverage into the course. Such an approach will go some way towards aligning the profession with other specialisations in banking and avoid the need for complex and unnecessary regulation. (shrink)

Defining quality of life is a difficult task as it is a subjective and personal experience. However, for the elderly, this definition is necessary for making complicated healthcare-related decisions. Commonly these decisions compare independence against safety or longevity against comfort. These choices are often not made in isolation, but with the help of a healthcare team. When the patient’s concept of quality of life is miscommunicated, there is a risk of harm to the patient whose best interests are not well (...) understood. In order to bridge this gap in understanding and unite seniors with their caretakers as a cohesive team, we need to establish a definition of quality of life. In this paper, my personal experiences with the elderly will be analysed along with five essays on the topic of ageing. These sources provide clear evidence that quality of life for seniors is majorly determined by the ability to preserve one’s lifelong identity. When making difficult decisions in geriatric healthcare, this greater understanding of the determinants of life quality will allow treatments to best serve the elderly. Defining quality of life allows healthcare providers to shift the focus from minimising disability toward maximising ability. I believe this shift would provide seniors with better health outcomes and properly enhance the quality of their years. (shrink)

With the powerful analyses and resources they enable, digital humanities tools have captivated researchers from many different fields who want to use them to study science. Digital tools, as well as funding agencies, research communities, and academic administrators, require researchers to think carefully about how they conceptualize, manage, and store data, and about what they plan to do with that data once a given project is over. The difficulties of developing strategies to address these problems can prevent new researchers from (...) sticking with digital tools and flummox even experienced researchers. To help overcome the data hurdle, we present five principles to help researchers, novice and experienced alike, conceptualize and plan for their data. We illustrate the use of those principles with two digital projects from the history of science, the Embryo Project and the Marine Biological Laboratory History Project, and their associated HPS Repository for data. The principles apply beyond the digital realm, so those who collect and manage data by more traditional means will also find them useful. (shrink)

The recent financial crisis and Great Recession have been compared to other historical moments during which significant shifts in regimes of market governance have occurred. Here, we engage with the pieces that follow in this special section of Politics & Society as we consider three dimensions along which global market governance might be transformed in the direction of greater democracy. First, given that problems of market governance often extend across national boundaries, enhanced intergovernmental coordination could play a key role in (...) promoting the public interest. Second, broader country representation would help to ensure that the interests of different national publics are more fully addressed. Third, wider social participation would expand the definition of the public interest at both the national and global levels, allowing a range of social groups to enhance the quality of their representation by governments and IGOs, and to engage more directly in the project of market governance. (shrink)

This article investigates dilemmas in the archiving and sharing of qualitative data in educational research, critically engaging with practices and debates from across the social sciences. Ethical, epistemological and methodological challenges are examined in reference to open access agendas, the politics of knowledge production, and transformations in research practices in the era of data management. We first consider practical and interpretive decisions in archiving qualitative data, then map current policy and regulatory frameworks governing research data management, taking Australia as a (...) case-study. We argue that governance and protocols for data sharing have not attended sufficiently to the distinctive ethical and methodological dimensions and knowledge claims of qualitative research. Instead, approaches associated with quantitative data are extrapolated in ways which construct an imaginary of decontextualised data, abstracted from the conditions of its production. We further argue for more critical attention to the double-edged affordances and ambivalent effects of data sharing and openness and to how data archives are imagined, constructed and curated. This includes greater acknowledgement of the affective and temporal dynamics involved in data archiving, understanding them as practices of (re)invention that also curate ‘archives for the future’ and help to foster an historicising imaginary in educational research. (shrink)

In this short response we show that Kevin Smith's moral and ethical rejections of homeopathy1 are fallacious and rest on questionable epistemology. Further, we suggest Smith's presumption of a utilitarian stance is an example of scientism encroaching into medicine.

WEST S, MAPEDZAHAMA V, AHERN M and RUDGE T. Nursing Inquiry 2012; 19: 177–187 [Epub ahead of print]Rethinking shiftwork: mid‐life nurses making it work!Many current analyses of shiftwork neglect nurses’ own voices when describing the dis/advantages of a shiftworking lifestyle. This paper reports the findings of a critical re‐analysis of two studies conducted with female mid‐life Australian nurses to explore the contention that the ‘problem‐centred’ focus of current shiftwork research does not effectively address the ‘real’ issue for mid‐life nurses, (...) that is, how to develop and maintain shiftwork tolerance. Participants used shiftwork to: (i) manage, navigate and negotiate various aspects of their nursing work and the workplace itself; (ii) facilitate more manageable work/life negotiations; and (iii) self‐identify opportunities to engage in their own self‐care (body work and mind work). The findings thus went beyond simply exposing what nursing bodies do in time and space by bringing to the fore discussions of ‘time‐body’ relationships, the embodiment of time and nurses re/configuration of that time demonstrating that the frequently unacknowledged positive aspects of shiftwork, when centred in discussions, give voice to other ways to think about shiftwork and a shiftworking lifestyle. Thus, our contention is that the ‘problem‐centred’ focus of current shiftwork debates does little to address the ‘real’ issue for shiftworking mid‐life female nurses – the development and maintenance of shiftwork tolerance. (shrink)

In their recent article, Erbay et al considered whether a seriously injured patient should be able to refuse treatment if the refusal was based on a (mis)interpretation of religious doctrine. They argued that in such a case ‘what is important…is whether the teaching or philosophy used as a reference point has been in fact correctly perceived’ (p 653). If it has not been, they asserted that this eroded the patient's capacity to make an autonomous decision and that therefore, in such (...) cases, it is the role of the healthcare professional (HCP) to ‘assist patients to think more clearly and rationally’ (p 653). There are, however, a number of problems with the reasons why Erbay et al suggest we should help patients to rationalise their decisions and how HCPs should go about this. In this article, the author explores some of their main arguments regarding consent and rationality (particularly in relation to religious beliefs), as well as Erbay et al's normative claim that HCPs have an obligation to promote autonomy by helping patients to come to a ‘rational’ decision. Ultimately, the author agrees that the (temporary) solution to the dilemma presented in this scenario (which was to insert an intravenous cannula into the patient in order to allow an infusion of fluids in the event that he changed his mind) seemed both pragmatic and ethically permissible. However, it is suggested that the arguments which underpin this conclusion in Erbay et al's article are largely unsound. (shrink)

The idea that the world is human construction is fairly familiar and generally disparaged. One version of this claim is partially defendedhere. This subjectivist thesis concerns a debate about the objectivityof rightness of categorization. A problem about the discriminatoryrole of properties is both presented and motivated. The subjectivistthesis is articulated and defended against two powerful objections.Finally, this thesis is shown to be conceptually independent ofboth verificationism and empirical idealism.

Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life course trajectory and how to engage in antiracist practice and health equity work.

Friedrich Schleiermacher is the father of modern philosophical hermeneutics. His Copernican Revolution in hermeneutics shifted the focus from understanding texts to the process of understanding itself. In this essay, I shall argue that Schleiermacher's valiant attempt to provide an acceptable hermeneutical theory to overcome the distance between speakers and listeners, readers and authors is unsuccessful owing to his acceptance of The Myth of the Given. The Myth of the Given is a philosophical doctrine held most notably by Cartesian and Kantian (...) thinkers. Its rests upon a particular view of langauge and the relation of language to consciousness and awareness. I will try to show that The Myth of the Given is untenable by sketching three contemporary attacks on it-those of Martin Heidegger, Jacques Derrida and Ludwig Wittgenstein. Lastly, I will suggest implications these attacks have for the future of philosophy and theology. (shrink)

Aesthetics is not a subject usually associated with North Korea in Western scholarship, the usual tropes being autocracy, counterfeiting, drugs, human-rights abuse, famine, nuclear weapons, party-military dictatorship, Stalinism, and totalitarianism. Where the arts are concerned, they are typically seen as crude political propaganda. One British museum specialist writes that North Korean visual art is an "art under control," and one Russian historian insists that North Korean literature is devoid of the "beauty of language."1 As the short turns of phrase and (...) value judgments indicate, there has been no real attempt in English to engage the North Korean aesthetic on descriptive terms.North Korea is not a liberal .. (shrink)