A vigorous debate has developed surrounding electronic surveillance in the workplace. This controversial practice is one element of the more general issues of employee dignity and management control, revolving around the use of polygraph and drug testing, integrity exams, and the like. Managers, under pressure from competitors, are making greater use of technologically advanced employee monitoring methods because they are available, and hold the promise of productivity improvement. In this paper, the context of electronic surveillance is described and analyzed from (...) the perspectives of ethics, public policy, and managerial behavior. (shrink)

For fifty years Hubert Dreyfus has done pioneering work which brings phenomenology and existentialism to bear on the philosophical and scientific study of the mind. This is a selection of his most influential essays, developing his critique of the representational model of the mind in analytical philosophy of mind and mainstream cognitive science.

Prompted by the development of the Theory of Challenge and Threat States in Athletes (Jones et al, 2009), recent years has witnessed a considerable increase in research examining challenge and threat in sport. This manuscript provides a critical review of the literature examining challenge and threat in sport, tracing its historical development and some of the current empirical ambiguities. In an attempt to reconcile some of these ambiguities, and utilising neurobiological evidence associated with approach- and avoidance-motivation (cf. Elliot & Covington, (...) 2001), this paper draws upon the Evaluative Space Model (ESM: Cacioppo et al., 1997) and considers the implications for understanding challenge and threat in sport. For example, rather than see challenge and threat as opposite ends of a single bipolar continuum, the ESM implies that individuals could be (1) challenged, (2) threatened, (3) challenged and threatened, or (4) neither challenged or threatened by a particular stimulus. From this perspective it could be argued that the appraisal of some sport situations as both challenging and threatening could be advantageous, whereas the current literature seems to imply that the appraisal of stress as a threat is maladaptive for performance. In drawing upon the ESM, we outline the Evaluative Space Approach to Challenge and Threat and provide several testable hypotheses for advancing understanding of challenge and threat (in sport). We also outline a number of cardiovascular and experiential measures that can be used to examine these hypotheses. In sum, this paper provides a significant theoretical, empirical and practical contribution to our understanding of challenge and threat (in sport). (shrink)

Over the history of the study of visual perception there has been great success at discovering countless visual illusions. There has been less success in organizing the overwhelming variety of illusions into empirical generalizations (much less explaining them all via a unifying theory). Here, this article shows that it is possible to systematically organize more than 50 kinds of illusion into a 7 × 4 matrix of 28 classes. In particular, this article demonstrates that (1) smaller sizes, (2) slower speeds, (...) (3) greater luminance contrast, (4) farther distance, (5) lower eccentricity, (6) greater proximity to the vanishing point, and (7) greater proximity to the focus of expansion all tend to have similar perceptual effects, namely, to (A) increase perceived size, (B) increase perceived speed, (C) decrease perceived luminance contrast, and (D) decrease perceived distance. The detection of these empirical regularities was motivated by a hypothesis, called “perceiving the present,” that the visual system possesses mechanisms for compensating neural delay during forward motion. This article shows how this hypothesis predicts the empirical regularity. (shrink)

In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...) focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care. (shrink)

Researchers increasingly rely on large data sets of health information, often linked with biological specimens. In recent years, the argument has been made that obtaining informed consent for conducting records-based research is unduly burdensome and results in ?consent bias.? As a type of selection bias, consent bias is said to exist when the group giving researchers access to their data differs from the group denying access. Therefore, to promote socially beneficial research, it is argued that consent should be unnecessary. After (...) analyzing the biostatistics evidence and bioethics arguments, the article concludes that (1) claims about the amount of consent bias are overstated; (2) commonly used statistical methods usually can account for consent bias; and (3) any residual effects of consent bias are below an acceptable level of imprecision and constitute a reasonable social cost for conducting ethically responsible research. (shrink)

Wie geartet ist das Verhältnis zwischen den zentralen Begriffen „Bewußtsein“ und „Reflexion“ in Lockes Essay? Sind diese Begriffe für Locke identisch oder voneinander verschieden? Falls sie verschieden sind, wie ist der Unterschied genau zu bestimmen? Diese Arbeit untersucht die Fragen, unter Berücksichtigung der unterschiedlichen Deutungen in der Sekundärliteratur; sie sichtet und prüft den Text des Essays sorgfältig und breitet ein breites Spektrum philosophischer Implikationen von Lockes Ausführungen über das „Bewußtsein“ und „Reflexion“ aus. Der abschließende Teil legt dar, daß Locke niemals (...) eine feste Position gegenüber dem Verhältnis zwischen den beiden Begriffen eingenommen hat, sondern daß er zwischen verschiedenen Positionen schwankte -als Resultat der starken philosophischen Kräfte, die ihn bald in die eine, bald in die andere Richtung zogen. (shrink)

Anthropology is a significant matter within the church. A person's doctrine of humanity will inevitably shape the way a person thinks about the church, salvation, and in part, God. This dissertation is written out of concern for the potential harm that a faulty anthropology may do to the church. This study is concerned with exposing an approach to leadership within the church that is based on a faulty anthropology. Servant leadership has been hailed as the answer to the leadership crisis (...) that has plagued businesses, political offices, and churches. It is said that the authoritarian, monarchical style of leadership in the twentieth century no longer meets the needs of the current setting. In 1970 Robert K. Greenleaf---the chief advocate of servant leadership---proposed servant leadership as the emerging style that was prepared to address the social unrest of the 1960's and 1970's. He argued that the current leadership style must change---adapt to the emerging needs of the people. Greenleaf developed his ideas on servant leadership in the context of his reading of Hermann Hesse and Albert Camus. The repercussions of Robert K. Greenleaf's anthropology are evident in his view of human transformation. ;This study exposes the philosophical and theological underpinnings of Greenleaf's work on servant leadership as a distortion of the nature of humanity to the point that it leaves the doctrines of sin and salvation bereft of Christian significance. Since many within the church have used Greenleaf in their search for a biblical leadership paradigm, a Christian theological response to Greenleaf's assessment of humanity and human transformation will conclude this study. (shrink)

The importance of preserving trust in physicians and in medical institutions has received widespread attention in recent years. Primarily, this is due to the threats to trust posed by managed care, but there is a general and growing recognition that trust deserves more attention than it traditionally has received in all aspects of medical ethics, law, and public policy. Trust has both intrinsic and instrumental value. Trust is intrinsically important because it is a core characteristic that affects the emotional and (...) interpersonal aspects of the physician/patient relationship. As an instrumental value, trust is widely believed to be essential for effective therapeutic encounters. It has been hypothesized or shown to affect a host of important behaviors and attitudes relating to care, including seeking care, disclosing private information, complying with treatment, and being satisfied with care. Moreover, trust may be a mediator of measurable clinical outcomes and a key factor in the mind–body interactions that underlie placebo/nocebo effects and the effectiveness of alternative medicine. It is no surprise, then, that preserving, justifying, and enhancing trust is the fundamental goal of much of medical ethics, and is a prominent objective in healthcare law and public policy. Discussions of trust and related concepts were commonplace in professionally based medical ethics prior to the 1970s. a 1 2. (shrink)

Emerging fields of science often create new challenges for ethics and law. In assessing the broader societal implications of scientific discoveries, a reasonable analytical starting point is determining how the discoveries compare with existing science. If the new field is substantially similar to an established one, then the ethical and legal analyses are likely to be comparable. On the other hand, if the new scientific developments are extraordinary in kind or degree, then a new analytical framework and new approaches to (...) ethics and law may be necessary. (shrink)

Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, 501 East Broadway # 310, Louisville, Kentucky 40202, USA. Tel.: 502 852 4980; Fax: 502 852 4963; Email: mark.rothstein{at}louisville.edu ' + u + '@' + d + ' '//--> Abstract In his article in this issue, Daniel Goldberg advocates a broad definition of public health and expressly rejects the narrow definition of public health I proposed in (...) a 2002 article. Goldberg asserts that public health should include all of the root causes of ill health in populations. Such a definition, however, would include within public health war, famine, crime, illiteracy and numerous other conditions on which public health professionals and agencies lack the resources, expertise and public support to act. The appropriate definition explicitly recognizes that public health is a legal term of art referring to specifically authorized activities by public officials to protect, promote and improve population health. CiteULike Connotea Del.icio.us What's this? (shrink)

Laws in the 20 jurisdictions studied for this project display many similar approaches to protecting privacy in biobank research. Although few have enacted biobank-specific legislation, many countries address biobanking within other laws. All provide for some oversight mechanisms for biobank research, even though the nature of that oversight varies between jurisdictions. Most have some sort of controlled access system in place for research with biobank specimens. While broad consent models facilitate biobanking, countries without national or federated biobanks have been slow (...) to adopt broad consent. International guidelines have facilitated sharing and generally take a proportional risk approach, but many countries have provisions guiding international sharing and a few even limit international sharing. Although privacy laws may not prohibit international collaborations, the multi-prong approach to privacy unique to each jurisdiction can complicate international sharing. These symposium issues can serve as a resource for explaining the sometimes intricate privacy laws in each studied jurisdiction, outlining the key issues with regards to privacy and biobanking, and serving to describe a framework for the process of harmonization of privacy laws. (shrink)

Ligation is a form of chemical self-assembly that involves dynamic formation of strong covalent bonds in the presence of weak associative forces. We study an extremely simple form of ligation by means of a dissipative particle dynamics (DPD) model extended to include the dynamic making and breaking of strong bonds, which we term dynamically bonding dissipative particle dynamics (DDPD). Then we use a chemical genetic algorithm (CGA) to optimize the model’s parameters to achieve a limited form of ligation of trimers—a (...) proof of principle for the evolutionary design of self-assembling chemical systems. (shrink)

Each year individuals are required to execute millions of authorizations for the release of their health records as a condition of employment, applying for various types of insurance, and submitting claims for benefits. Generally, there are no restrictions on the scope of information released pursuant to these compelled authorizations, and the development of a nationwide system of interoperable electronic health records will increase the amount of health information released. After quantifying the extent of these disclosures, this article discusses why it (...) is important to limit disclosures of health information for nonmedical purposes as well as how it may be possible to do so. (shrink)

Weak emergence is the view that a system’s macro properties can be explained by its micro properties but only in an especially complicated way. This paper explains a version of weak emergence based on the notion of explanatory incompressibility and “crawling the causal web.” Then it examines three reasons why weak emergence might be thought to be just in the mind. The first reason is based on contrasting mere epistemological emergence with a form of ontological emergence that involves irreducible downward (...) causation. The second reason is based on the idea that attributions of emergence are always a reflection of our ignorance of non-emergent explanations. The third reason is based on the charge that complex explanations are anthropocentric. Rather than being just in the mind, weak emergence is seen to involve a distinctive kind of complex, macro-pattern in the mind-independent objective micro-causal structure that exists in nature. The paper ends by addressing two further questions. One concerns whether weak emergence applies only or mainly to computer simulations and computational systems. The other concerns the respect in which weak emergence is dynamic rather than static. (shrink)

This book explores the making of health care rationing decisions through the analysis of three alternative decision makers: patients paying out of pocket; officials setting limits on treatments and coverage; and physicians at the bedside. Hall develops this analysis along three dimensions: political economics, ethics, and law. The economic dimension addresses the practical feasibility of each method. The ethical dimension discusses the moral aspects of these methods, while the legal dimension traces the most recent developments in jurisprudence and health law.

In 2018, the remarkable rescue of twelve young boys and their football coach trapped in a flooded cave in Thailand captured worldwide attention. The rescue required the boys to be dived out of the cave system while fully anaesthetized which presented unique practical and ethical challenges for the rescue team. Major departures from normal anaesthetic practice were required. Taking anaesthetized children underwater was unprecedented, complex, and dangerous. To do this underground in a flooded cave meant the risks were extreme. Using (...) a principlist approach, this essay will outline the rescue plan highlighting the ethical dilemmas faced by the rescue team. Informed consent and full disclosure of information are justifiably waived in emergency disaster scenarios. Beneficence as a guiding principle becomes a major challenge when all rescue options appear destined to cause likely fatalities of healthy young boys. Importantly, virtues and virtue ethics also have a vital role to play when confronting and dealing with ethical challenges in disaster scenarios—this will be discussed with particular reference to the cave rescue. (shrink)

This article is an extended commentary inspired by Alan Drengson's paper “Shifting Paradigms: From Technocrat to Planetary Person” (Drengson 2011). In this article Susan Greenwood and I echo Drengson's criticism that Euro-American science is incomplete, having committed what Thomas Roberts calls “The Singlestate Fallacy: the erroneous assumption that all worthwhile abilities reside in our normal, awake mindbody state” (Roberts 2006:105). This singlestate fallacy is vividly portrayed in Mary Shelley's novel Frankenstein, whose critique of Euro-American science is revisited in this article. (...) Alternatively, Greenwood and I suggest that what is needed is a multimodel framework “that allows for in-depth analysis of the different modes of consciousness.” Roberts refers to this alternative attitude toward science as the Multistate Paradigm. An awareness of the transformational character of shamanism is also explored in this article as a means to overcome the oppositions between the technocratic and person planetary perspective, and their related gender associations. (shrink)

Stephens and Feezell argue, in?The Ideal of the Stoic Sportsman?, that?one need not be a scholar of ancient Greek philosophy to refer to?stoic? conduct or a?stoic? approach to certain matters, because the vocabulary related to this apparently antiquarian view of life has seeped into our common language?. Nonetheless, Stephens and Feezell go on to give a scholarly account of Stoicism as it relates to athletic participation. Their account, in part, takes the form of a distinction between?simple Stoicism? and?sophisticated Stoicism?? the (...) former being a common, contemporary grasp of Stoic moral psychology; the latter being a more sophisticated and historically accurate grasp of Stoic moral psychology. In fleshing out their more sophisticated account, they disclose a paradox. Given the Stoic sufficiency thesis? i.e., that the sole good is virtue? the Stoic sportsman must be indifferent to failure or winning. Yet the Stoic sportsman must be sufficiently attached to the athletic experience to use it as a means of developing virtuous states of character. That they dub the paradox the?paradox of Stoic detachment?.?Curiosity? Paradox? Or psychological incoherence?? they ask. The aim of the present undertaking is a?soft? critique of Stephens and Feezell? soft, because the critique is not so much a critical rejection of the authors' view tout court. Instead, I aim to point out deficiencies with their account and expand on other points not fully elucidated in it. The most salient point I make is that what they deem paradoxical is not really paradoxical, once there is a more thorough account and clearer grasp of Stoic?detachment? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.2 (2003) 61-72 [Access article in PDF] From Personal to Social Transaction:A Model of Aesthetic Reading in the Classroom Mark A. Pike This article seeks to define more precisely the nature of the individual transaction that occurs between reader and text and the potential for aesthetic reading in literature classrooms by relating knowledge of the way pupils engage in literary transactions to theoretical (...) perspectives that address the issue. The validity of Louise Rosenblatt's transactional theory of the literary work, expounded in Literature as Exploration and The Reader, The Text, The Poem, and its relevance for contemporary educators, particularly in the field of English education, has recently been reasserted by Jeanne Connell in her timely and cogent article in this journal. 1 The present article, however, seeks to refocus debate by problematizing and subsequently developing some aspects of key theories such as Rosenblatt's while examining the individual and social nature of reading in schools. Rosenblatt's view that aesthetic experiences can have both social origin and effect certainly deserves further theorizing if aesthetic experience in school communities and classrooms is to flourish.The influence of John Dewey's Art as Experience upon Rosenblatt is evident as this seminal text conceives of our primary task as the restoration of "continuity between the refined and intensified forms of experience that are works of art and everyday events." 2 Such continuity with experience is vital because, for Dewey, "experience is the fulfillment of an organism in its struggles and achievements in a world of things, it is art in germ." 3 Applying such a notion to education in schools, Rosenblatt saw the aim of literature lessons as the growth of experience rather than the acquisition of knowledge. Yet, despite such progress, in the United Kingdom, teachers of English are in the unenviable position of having to deliver an extensive body of knowledge prescribed by the National Curriculum and also to focus explicitly upon the features of certain types of text as they teach the National Literacy Strategy. 4 In Rosenblatt's work the emphasis on our experience of [End Page 61] literary works provides a much needed alternative to positions such as that adopted by New Criticism where "it is never what a poem says which matters, but what it is" because we acknowledge we can only ever gain access to what a poem says as "the sentence that seems to need no interpretation is already the product of one." 5 Clearly, understanding the reader's transaction with texts is where we must begin if we wish to foster aesthetic reading in our classrooms.Transactional theory also appears to be closely related to Martin Heidegger's thought in Being and Time where Dasein (givenness, existence, being) is seen as a distinctive characteristic of the human being as our consciousness projects things of the world and is also subjected to the things of the world which belong to us, in some sense, only as long as our consciousness is projecting them. 6 The validity of Dewey's view, where experience is not separated from art, can be seen when we acknowledge that we can "never adopt an attitude of detached contemplation, looking down on the world as if from a mountain top" for we are "inevitably merged with the very object of our consciousness." 7Such a view reflects Hans-Georg Gadamer's position in Truth and Method in which Heidegger's explanation of situation is applied to literary theory because, for Gadamer, the literary work cannot appear as a packaged and completed artefact in which meaning is neatly wrapped because it is influenced by a particular reader's actions at a particular moment. 8 Rosenblatt's realistic conception that "each reading involves a particular person at a particular time and place" is developed in this article as it seems that, even now, many reader response critics and curriculum designers "write as though people read literature in a vacuum or in a generalized kind of academic setting" which often does not apply... (shrink)

We demonstrate a method for optimizing desired functionality in real complex chemical systems, using a genetic algorithm. The chemical systems studied here are mixtures of amphiphiles, which spontaneously exhibit a complex variety of self-assembled molecular aggregations, and the property optimized is turbidity. We also experimentally resolve the fitness landscape in some hyper-planes through the space of possible amphiphile formulations, in order to assess the practicality of our optimization method. Our method shows clear and significant progress after testing only 1 % (...) of the possible amphiphile formulations. (shrink)

This paper investigates the semantic treatment of conditional obligation, explicit permission (often called positive permission), and prohibition based on models with agents and branched time. In such models branches (rather than moments) are taken as basic, and the branching provides a way to represent the indeterminism which is normally presupposed by talk of free will, responsibility, action and ability. Careful treatment of the relation between ability and responsibility avoids many common problems with accounts of conditional obligation. Recognition of the generality (...) often involved in conditional obligations makes possible a sensitive way of expressing some kinds of general prohibitions, which in turn makes it possible to account for the special role of explicit permission. (shrink)

Huston Smith has argued that the universal source of wholeness, which he refers to as the primordial tradition, is essential to a meaningful life. Indeed embracing this tradition is, said Smith, an act of rejoining the human race. Our current forms of organized religion offer us ritualized expressions of this tradition, yet often fail to provide us with transpersonal growth; it is this transpersonal growth that reconnects us with the source of religion. This essay differentiates mainstream religion from a way (...) that we can begin to construct a physical theory of the primordial tradition–a necessary first step toward reclaiming the source of religion. (shrink)

Calling for an expanded framework of EuroAmerican science's methodology whose perspective acknowledges both quantitative/etic and qualitative/emic orientations is the broad focus of this article. More specifically this article argues that our understanding of shamanic and/or other related states of consciousness has been greatly enhanced through ethnographic methods, yet in their present form these methods fail to provide the means to fully comprehend these states. They fail, or are limited, because this approach is only a “cognitive interpretation” or “metanarrative” of the (...) actual experience and not the experience itself. Consequently this perspective is also limited because the researcher continues to assess his or her data through the lens of their symbolic constructs, thereby preventing them from truly experiencing shamanic and psi/spirit approaches to knowing since the data collection process does not “in and of itself” affect the observer. We, therefore, need expanded ethnographic methods that include within their approaches an understanding of methods and techniques to experientially encounter these states of consciousness—and become transformed by them. Our becoming transformed and then recollecting our ethnoautobiographical experiences is the means toward a new kind of science and its methods of inquiry that this article seeks to encourage. (shrink)

In the post-genome world of biomedical research, an increasingly common research strategy is to focus on large repositories of biological specimens. There are now several well-known efforts to compile vast collections of biological materials, reanalyze extant samples, collect new ones, and link the samples to medical records. The significant issues of law, ethics, and policy raised by these research activities usually are heightened when commercial enterprises play a leading role in accumulating and distributing the samples. Emerging companies are not only (...) compiling repositories for their own use, but some companies are positioning themselves to act as intermediaries, developing vast biobanks for sale to a wide range of other researchers. (shrink)

This book includes ten essays that trace the notion of unconcealment as it develops from Heidegger's early writings to his later work, shaping his philosophy of truth, language and history. 'Unconcealment' is the idea that what entities are depends on the conditions that allow them to manifest themselves. This concept, central to Heidegger's work, also applies to worlds in a dual sense: first, a condition of entities manifesting themselves is the existence of a world; and second, worlds themselves are disclosed. (...) The unconcealment or disclosure of a world is the most important historical event, and Heidegger believes there have been a number of quite distinct worlds that have emerged and disappeared in history. Heidegger's thought as a whole can profitably be seen as working out the implications of the original understanding of unconcealment. (shrink)

Normal systems of modal logic, interpreted as deontic logics, are unsuitable for a logic of conflicting obligations. By using modal operators based on a more complex semantics, however, we can provide for conflicting obligations, as in [9], which is formally similar to a fragment of the logic of ability later given in [2], Having gone that far, we may find it desirable to be able to express and consider claims about the comparative strengths, or degrees of urgency, of the conflicting (...) obligations under which we stand. This paper, building on the formalism of the logic of ability in [2], provides a complete and decidable system for such a language. (shrink)