This article considers procedural justice in the law, with specific reference to the adjudicative context of governmental officials applying legal standards to particular cases. We critically survey the three main accounts of procedural justice in the literature: utilitarian, outcome‐based, and dignitarian. Utilitarian and outcome‐based theories share the instrumental view that the only purpose of procedures is to lead to accurate legal outcomes. However, the former are willing to trade off the benefits of accuracy against its costs, whereas the latter hold (...) that procedural rights are necessary to guard against the injustice caused when individuals' legal rights are mistakenly denied. Dignitarian theories maintain that process matters apart from outcomes, because procedures should show respect for individuals' dignity in the Kantian sense of rational agency. We present a new perspective, drawing on relational theory. Relational theory holds that we are social creatures whose self‐identities and sense of self‐respect are bound up with the quality of our relationships with other individuals, groups, and institutions. Our relational account is informed by empirical research in social psychology which has found that people's evaluation of procedures is substantially influenced by relational concerns. (shrink)

This book is a contribution both to analytical philosophy of mind, and to Marxist philosophy. Marxists see pervasive irrationality in the conduct of human affairs, and claim that people in a class-divided society are prone to a variety of misconceptions. They say that we can suffer from "false consciousness" in our views about what inspires our behavior and in our judgments as to what is good for us. Meyerson uses the techniques of analytic philosophy to investigate this picture and (...) argues that Marxism is committed to the idea of motivated belief, and that the idea is philosophically defensible. She shows that there are other philosophically defensible claims which are congenial to Marxism: that there are facts about interests, that interests are not based on wants, that a desire can be contaminated by its history, that our judgments about our interests do not automatically motivate us, and that beliefs can survive the evidence that they are false. Meyerson throws light on puzzling psychological phenomena which confront everyone in their everyday political experience. (shrink)

This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to (...) innovate was “responsible.” A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed “Right to Try” laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access. (shrink)

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and (...) other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice. (shrink)

Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

Australian bills of rights are confined to the protection of civil and political rights. Economic, social and cultural rights were deliberately excluded from their coverage. This article draws on United Kingdom, Canadian and South African judgments with the aim of showing that the equality guarantees contained in these instruments can nevertheless be used as a vehicle for socio-economic claims. It further argues that there are sound moral and philosophical reasons that justify this approach.

Jurisprudence is an accessible and engaging text that brings alive the key concepts of this complex and often difficult subject. Covering all the traditional schools of thought, Jurisprudence first examines the issues then discusses the responses of theorists and their competing positions so that readers can relate the theories to everyday situations. The text also tackles the fluid nature of the subject, helping readers to understand how jurisprudence is constantly being modified and refined by contemporary theorists.

Demands for access to experimental therapies are frequently framed in the language of rights. This article examines the justifiability of such demands in the specific context of surgical innovations, these being promising but non-validated and potentially risky departures from standard surgical practices. I argue that there is a right to access innovative surgery, drawing analogies with other generally accepted rights in medicine, such as the right not to be forcibly treated, to buy contraceptives, and to choose to have an abortion, (...) including a post-viability abortion where the mother's life or health is threatened by the pregnancy. I argue that we accept these rights because we believe that people are entitled to try to preserve their lives and health and to make choices of an important and intensely personal kind, and I suggest that a person's choice of medical treatment should be seen in the same light. However, since few rights are absolute, I also consider the circumstances in which it may be justifiable to limit the right to access innovative surgery. In discussing this question, I apply the human rights standard of proportionality, comparing the importance of the reasons for limiting the right with the severity of the invasion on liberty. (shrink)

Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.

Most bills of rights allow for the restriction of rights in the interests of the public. But how should courts decide when the public interest should prevail? This article draws on philosophical work on practical reasoning to argue against the popular view that courts should use a balancing test which weighs the consequences of protecting the right against the consequences of restricting it. It argues that there are good reasons to 'overprotect' rights: judges, in their reasoning, should assign more weight (...) to rights and less weight to the public interest than they would on an application of the balancing model. (shrink)

The idea that the exercise of state power should be limited so as to permit free choice in matters of personal conduct has been central to liberalism ever since John Stuart Mill defended the harm principle. However, this surface agreement conceals deeper disagreements. One disputed matter relates to the nature of the tolerant state: is it a state that refrains from improving our moral character by coercive means is it a state that takes no interest whatsoever in the moral character (...) of our lives? A second matter relates to the philosophical justification of tolerance. Should it be justified by relying on distinctively liberal values, such as personal autonomy and self-determination? Or is a less controversial justification available — one that can be endorsed by non-liberals as well as liberals? This article explores these issues. It examines the views of Ronald Dworkin, John Rawls and Joseph Raz, arguing that Rawls?s version of liberalism provides both the best conception and the best justification of the liberal ideal of tolerance. (shrink)

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. It will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Denise Meyerson has recently argued that the adaptational account of false consciousness must appeal to a psychological element, contrary to explicit declarations of its proponents. In order to explain why the rulers genuinely hold ideological beliefs, one must take them to desire to think well of themselves. She concludes that the desire to think well of oneself causes the ideological beliefs. The article defends the adaptational account from Meyerson's attempt to ground it in the psychology of the (...) rulers. Meyerson is wrong both in thinking that the desire in question is explanatorily necessary and in thinking that its explanatory role would consist in its causing ideological beliefs. (shrink)

Understanding the causes of maize landrace loss in farmers’ field is essential to design effective conservation strategies. These strategies are necessary to ensure that genetic resources are available in the future. Previous studies have shown that this loss is caused by multiple factors. In this longitudinal study, we used a collection of 93 maize landrace accessions from Morelos, Mexico, and stored at the International Maize and Wheat Improvement Center (CIMMYT) Maize Germplasm Bank, to trace back to the original 66 donor (...) families after 50 years and explore the causes for why they abandoned or conserved their seed lots. We used an actor-centered approach, based on interviews and focus group discussions. We adopt a Multi-Level Perspective framework to examine loss as a process, accommodating multiple causes and the interactions among them. We found that the importance of maize landrace cultivation had diminished over the last 50 years in the study area. By 2017, 13 families had conserved a total of 14 seed lots directly descended from the 1967 collection. Focus group participants identified 60 accessions that could still be found in the surrounding municipalities. Our findings showed that multiple interconnected changes in maize cultivation technologies, as well as in maize markets, other crop markets, agricultural and land policies, cultural preferences, urbanization and climate change, have created an unfavorable environment for the conservation of maize landraces. Many of these processes were location- and landrace-specific, and often led to landrace abandonment during the shift from one farmer generation to the next. (shrink)

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

When reasoning about deontic rules (what one may, should, or should not do in a given set of circumstances), reasoners adopt a violation‐detection strategy, a strategy they do not adopt when reasoning about indicative rules (descriptions of purported state of affairs). I argue that this indicative‐deontic distinction constitutes a primitive in the cognitive architecture. To support this claim, I show that this distinction emerges early in development, is observed regardless of the cultural background of the reasoner, and can be selectively (...) disrupted at the neurological level. I also argue that this distinction emerged as a result of selective pressure favouring the evolution of reasoning strategies that determine survival within dominance hierarchies. (shrink)

Background There is considerable variation in the functionality of bioethical services in different institutions and countries for children in hospital, despite new challenges due to increasing technology supports for children with serious illness and medical complexity. We aimed to understand how bioethics services address bioethical concerns that are increasingly encountered in paediatric intensive care. Methods A qualitative descriptive design was used to describe clinician’s perspectives on the functionality of clinical bioethics services for paediatric intensive care units. Clinicians who were members (...) of formal or informal clinical bioethics groups, or who were closely involved with the process of working through ethically challenging decisions, were interviewed. Interviews took place online. Resulting transcripts were analysed using thematic analysis. Results From 33 interviews, we identified four themes that described the functionality of bioethics services when a child requires technology to sustain life: striving for consensus; the importance of guidelines; a structure that facilitates a time-sensitive and relevant response; and strong leadership and teamwork. Conclusions Clinical bioethics services have the potential to expand their role due to the challenges brought by advancing medical technology and the increasing options it brings for treatment. Further work is needed to identify where and how bioethics services can evolve and adapt to fully address the needs of the decision-makers in PICU. (shrink)

Paru pour la premiere fois en 1908, l'essai d'Emile Meyerson Identite et realite demeure aujourd'hui un classique de la philosophie des sciences, dont A. Koyre a salue l'importance. Un premier aspect important de cet ouvrage concerne la conception et le statut meme de la science (physique, biologie, etc.). Meyerson developpe une critique profonde de la conception positiviste de la science formulee par Auguste Comte, en montrant l'impossibilite de penser des rapports phenomenaux sans leur presupposer des supports: la legalite (...) ne peut pas se resoudre dans la causalite. C'est la raison pour laquelle l'auteur s'efforce de definir un substantialisme renouvele, apte a echapper aux critiques positivistes. L'autre these essentielle de cet essai se rapporte bien entendu au celebre concept de causalite scientifique : le concept de legalite mis en jeu dans la conception positiviste de la science ne suffit pas, car la science cherche egalement a expliquer les phenomenes; et c'est precisement cette explication, qui consiste dans l'identification de l'antecedent au conequent, que l'auteur appelle la causalite scientifique, et qu'il distingue et oppose a la causalite theologique aussi bien qu'a la causalite efficiente. (shrink)

Institutional Review Boards have expressed concern that research into sensitive topics such as mental disorder will cause participants undue distress. This study investigated the emotional responses of 5,220 Australians to a survey on mental-health-related discrimination. Participants were interviewed about their mental health and experiences of discrimination across 10 life domains and then the emotional impacts of the survey. Results suggested that a minority experienced a negative reaction in contrast to 88% reporting positive experiences. A mental health problem was associated with (...) both negative and positive reactions. (shrink)

The main contention of this paper is that the underlying aim behind efforts to integrate ethics into the business school curriculum is in order to motivate and enable future business leaders to manage ethically and respond effectively to the challenges of sustainable development. Conceptualising ethics education in terms of eliciting behavioural change enables access into the insights provided by social psychological research into factors affecting behaviour, such as self-efficacy, subjective norms, knowledge, awareness, attitudes and role models. MSc students studying entrepreneurship (...) applied their entrepreneurial skills to help social enterprises achieve their objectives as part of their assessed coursework. With reference to a content analysis of their reflections, it is argued that such placements address these key factors identified as predicting behavioural change in a way that more traditional pedagogies cannot. (shrink)

Gender has been shown to affect the persuasiveness of help-self and help-others appeals in fundraising: men prefer help-self appeals, and women help-others appeals. This gender difference has been attributed to world-view differences. Women have a care-oriented world-view and men a justice-oriented world-view – at least in masculine cultures. In feminine cultures, however, both men and women have a care-oriented world-view. The present study investigated whether in the feminine, Dutch culture the culturally adapted help-others appeal was more persuasive than the culturally (...) unadapted help-self appeal for both men and women. Results showed that the culturally adapted help-others appeal was the most persuasive appeal for men and women, who were both found to have a relatively care-oriented world-view. (shrink)

Emile Meyerson's writings on the philosophy of science are a rich source of ideas and information concerning many philosophical and historical aspects of the development of modem science. Meyerson's works are not widely read or cited today by philosophers or even philosophers of science, in part because they have long been out of print and are often not available even in research libraries. There are additional chevaux de!rise for all but the hardiest scholars: Meyerson's books are written (...) in French (and do not all exist in English versions) and deal with the subject matter of science - ideas or concepts, laws or principles, theories - and epis temological questions rather than today's more fashionable topics of the social matrix and external influences on science with the concomitant neglect of the intellectual content of science. Born in Lublin, Poland, in 1859, Meyerson received most of his education in Germany, where he studied from the age of 12 to 23, preparing himself for a career in chemistry.! He moved to Paris in 1882, where he began a career as an industrial chemist. Changing his profession, he then worked for a time as the foreign news editor of the HAVAS News Agency in Paris. In 1898 he joined the agency established by Edmond Rothschild that had as its purpose the settling of Jews in Palestine and became the Director of the Jewish Colonization Association for Europe and Asia Minor. These activities represent Meyerson's formal career. (shrink)

Je pensais, en vous lisant, a ces grands sapins qui se dressent sur les pentes rocailleuses des Vosges, poses sur une mince couche de terre vegetale: en regardant de pres, on apercoit un immense reseau de racines et de radicelles, qui vont chercher au loin la nourriture et qui se contournent avec un art extraordinaire pour faire que l'arbre se tienne debout. Votre doctrine, elle aussi, est simple et droite; mais elle pousse par la racine - vous venez de le (...) montrer - une foule de prolongements qui assurent sa solidite et sa vitalite. C'est en ces termes qu'Henri Bergson accusait reception du dernier grand livre d'Emile Meyerson (1859-1933). Repute surtout pour ses analyses de la science classique et de la physique contemporaine, Meyerson developpe dans Du cheminement de la pensee, son chant du cygne, la theorie generale de la connaissance qu'il avait en vue des ses premiers ecrits de philosophie des sciences. Cet expose est pour lui l'occasion de mettre sa pensee a l'epreuve de nouveaux objets comme la logique et les mathematiques, et de s'expliquer, a travers un parcours foisonnant, avec les auteurs les plus celebres de son temps, de Frege a Husserl, de Wittgenstein a Whitehead, des membres du Cercle de Vienne aux pragmatistes americains. (shrink)

There are significant challenges to developing a neo-Aristotelian account of a virtue of patience. First, on an Aristotelian understanding, virtue is both instrumentally good and good in itself. Yet exclusively instrumental views of patience are pervasive in the philosophical literature. Furthermore, these instrumental views present patience as more like a psychological skill than a virtue of character. Skills, however, can be misused. If patience is to be a virtue, its account must entail goodness in its possessor. Finally, there is the (...) challenge of specifying a field, or sphere of concern, for patience, given the diversity of phenomena that we tend to attribute to it. I propose a thin account of a virtue of patience that, I contend, can meet these challenges. (shrink)

Over several articles, John McDowell sketches an analogy between virtue and perception, whereby the virtuous person sees situations in a distinctive way, a way that explains her virtuous behavior. Central to this view is his notion of silencing, a psychological phenomenon in which certain considerations fail to operate as reasons in a virtuous person's practical reasoning. Despite its influence on many prominent virtue ethicists, McDowell's ‘silencing view’ has been criticized as psychologically unrealistic. In this article, I defend a silencing view (...) of practical reasoning. I argue that the phenomenon of silencing has a narrower scope than is typically acknowledged. As a result, the view does not require the virtuous to be detached, unfeeling, or unpalatably stoic. Furthermore, I offer a psychologically plausible interpretation of McDowell's claim that the virtuous see situations in a distinctive sort of way. The salient fact at which the virtuous arrive in their view of a situation should be understood, I argue, in terms of subjective construal. (shrink)

Donation after circulatory determination of death (DCDD) is an accepted practice in the United States, but heart procurement under these circumstances has been debated. Although the practice is experiencing a resurgence due to the recently completed trials using ex vivo perfusion systems, interest in thoracoabdominal normothermic regional perfusion (TA-NRP), wherein the organs are reanimated in situ prior to procurement, has raised many ethical questions. We outline practical, ethical, and equity considerations to ensure transplant programs make well-informed decisions about TA-NRP. We (...) present a multidisciplinary analysis of the relevant ethical issues arising from DCDD-NRP heart procurement, including application of the Dead Donor Rule and the Uniform Definition of Death Act, and provide recommendations to facilitate ethical analysis and input from all interested parties. We also recommend informed consent, as distinct from typical “authorization,” for cadaveric organ donation using TA-NRP. (shrink)

Although we theorize that nurses ‘make a difference’ to patient outcomes and speculate that this happens because nurses ‘care’, there is so far little evidence to support this nebulous claim. Efforts to promote care as the defining characteristic of nursing, and an ‘ethic of care’ as the ethical basis of nursing, have sparked debate within the discipline. This debate has resulted in a polarization that has effectively stalled productive discourse on the issues. Moreover, the focus on care has been at (...) the expense of understanding the true nature of the relationship between caring and the broader base of ethical knowledge that underpins nursing and that must underpin nursing if it is a viable practice profession. This paper used the framework of philosophical argument to explore the moral and ethical foundations of nursing from the perspective of personal and public morals, and responsive nurse–patient relationships as the reflection of ethical nursing knowledge. The foundation of ethical nursing knowledge is the personal moral sense that resides within the individual and that nurses hold in common with others. Personal moral knowledge is transformed into disciplinary ethical knowledge specific to nursing through disciplinary consensus. Responsive relationships are conceptualized in the nursing literature as founded on three essential elements: respect, trust, and mutuality. These three elements are grounded in ethical nursing knowledge; therefore responsive nurse–patient relationships reflect both personal moral knowledge and disciplinary ethical knowledge. By facilitating the articulation of ethical nursing knowledge in practice, responsive relationships connect theory, ethical knowledge, and clinical outcomes. (shrink)