The issue of genetic discrimination has attracted growing attention and has been the focus of a recent major Australian inquiry. It is, however, a complex and loaded notion, open to interpretation. This paper explores the concept of genetic discrimination in both its theoretical and practical dimensions. It examines its conceptual underpinnings, how it is understood, and how this understanding fits within the legal framework of disability discrimination. The paper also examines the phenomenon in practice, including the ‘fear factor’ and the (...) resulting implications for the development of regulatory policy. The paper argues that we need to be discerning in our interpretation of this term, and differentiate between discriminatory conduct which is legal and illegal. Further, it is argued that a concerted societal response to the ‘problem’ of genetic discrimination is needed involving targeted legal reforms as well as broader non-legal strategies. (shrink)

This paper outlines a major empirical study that is being undertaken by an interdisciplinary team into genetic discrimination in Australia. The three-year study will examine the nature and extent of this newly emerging phenomenon across the perspectives of consumers, third parties and the legal system, and will analyse its social and legal dimensions. Although the project is confined to Australia, it is expected that the outcomes will have significance for the wider research community as this is the most substantial study (...) of its kind to be undertaken to date into genetic discrimination. (shrink)

This paper explores the legality and ethics of an individual securing insurance (life, disability or other forms of income protection insurance for which there is individual risk assessment) in anticipation of undergoing genetic testing. It also seeks to examine the situation from the perspective of genetic counsellors and the extent of their obligations in providing information and advice to individuals contemplating genetic testing. These are matters of importance for health care professionals, human research ethics committees as well, of course, as (...) individuals who may be contemplating undertaking genetic testing. (shrink)

Margaret Otlowski investigates the complex and controversial issue of active voluntary euthanasia. She critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions, and carefully looks at the situation as handled in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients' requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands (where active (...) voluntary euthanasia is now openly practiced). (shrink)

BackgroundThe use of genetic test results in risk-rated insurance is a significant concern internationally, with many countries banning or restricting the use of genetic test results in underwriting. In Australia, life insurers’ use of genetic test results is legal and self-regulated by the insurance industry (Financial Services Council (FSC)). In 2018, an Australian Parliamentary Inquiry recommended that insurers’ use of genetic test results in underwriting should be prohibited. In 2019, the FSC introduced an industry self-regulated moratorium on the use of (...) genetic test results. In the absence of government oversight, it is critical that the impact, effectiveness and appropriateness of the moratorium is monitored. Here we describe the protocol of our government-funded research project, which will serve that critical function between 2020 and 2023.MethodsA realist evaluation framework was developed for the project, using a context-mechanism-outcome (CMO) approach, to systematically assess the impact of the moratorium for a range of stakeholders. Outcomes which need to be achieved for the moratorium to accomplish its intended aims were identified, and specific data collection measures methods were developed to gather the evidence from relevant stakeholder groups (consumers, health professionals, financial industry and genetic research community) to determine if aims are achieved. Results from each arm of the study will be analysed and published in peer-reviewed journals as they become available.DiscussionThe A-GLIMMER project will provide essential monitoring of the impact and effectiveness of the self-regulated insurance moratorium. On completion of the study (3 years) a Stakeholder Report will be compiled. The Stakeholder Report will synthesise the evidence gathered in each arm of the study and use the CMO framework to evaluate the extent to which each of the outcomes have been achieved, and make evidence-based recommendations to the Australian federal government, life insurance industry and other stakeholders. (shrink)

Angels of Death, which reports on Magnusson’s study of the euthanasia underground within the HIV/AIDS communities principally in Sydney, Melbourne, and San Francisco, is, in many respects, a unique work. It is written by a legal scholar but is quite deliberately non-legalistic; indeed, Magnusson makes clear his intention is not to create another manifesto but to inject new perspectives into the euthanasia debate. The book’s underlying methodology also sets it apart. It is based on the author’s own extensive empirical research, (...) drawing on data gathered over three years in the course of indepth, face to face interviews with healthcare workers in Australia and the USA who have been involved in caring for people with AIDS. This kind of empirical research is not often undertaken by lawyers, and while a number of studies into attitudes and practices of healthcare professionals in relation to euthanasia have been carried out by researchers from other disciplines, very few have involved interview based research, relying instead predominantly on surveys.1 By any measure, Magnusson’s research has been undertaken with meticulous care. He is able to balance his gratitude and respect for his interviewees with the need to provide a dispassionate and evenhanded commentary on their accounts.The aim of Magnusson’s study is to investigate the attitudes and practices of Australian and American healthcare workers towards assisted suicide and euthanasia, especially within HIV/AIDS healthcare contexts. While this presents some atypical features from other healthcare contexts where assisted death is an issue , it serves as a useful focal point for this study. The book presents and analyses first person accounts of involvement in …. (shrink)

The issue of genetic discrimination has attracted growing attention and has been the focus of a recent major Australian inquiry. It is, however, a complex and loaded notion, open to interpretation. This paper explores the concept of genetic discrimination in both its theoretical and practical dimensions. It examines its conceptual underpinnings, how it is understood, and how this understanding fits within the legal framework of disability discrimination. The paper also examines the phenomenon in practice, including the ‘fear factor’ and the (...) resulting implications for the development of regulatory policy. The paper argues that we need to be discerning in our interpretation of this term, and differentiate between discriminatory conduct which is legal and illegal. Further, it is argued that a concerted societal response to the ‘problem’ of genetic discrimination is needed involving targeted legal reforms as well as broader non-legal strategies. (shrink)

In Australia, along with many other countries, limited guidance or other support strategies are currently available to researchers, institutional research ethics committees, and others responsible for making decisions about whether to return genomic findings with potential value to participants or their blood relatives. This lack of guidance results in onerous decision-making burdens—traversing technical, interpretative, and ethical dimensions—as well as uncertainty and inconsistencies for research participants. This article draws on a recent targeted consultation conducted by the Australian National Health and Medical (...) Research Council to put forward strategies for supporting return of finding decision-making. In particular, we propose a pyramid of decision-making support: decision-making guidelines, technical and interpretative assistance, and ethical assistance for intractable “tough” cases. Each step of the pyramid involves an increasing level of regulatory involvement and applies to a smaller subsection of genomic research findings. Implementation of such strategies would facilitate a growing evidence base for return of finding decisions, thereby easing the financial, time, and moral burdens currently placed on researchers and other relevant decision-makers while also improving the quality of such decisions and, consequently, participant outcomes. (shrink)

This paper provides a legal overview of key issues associated with donation of genetic samples and information from a donor perspective. In particular, it addresses the property status of samples as well as issues in respect of consent, privacy, commercialisation and benefit sharing. The paper highlights the need for appropriate protection and safeguards for individuals, but also, importantly, for understanding what donors actually think and want in terms of genetic research and the use of their samples and information. The paper (...) seeks to emphasise the importance of transparency and accountability in the conduct of research in order to maximise donor participation and confidence and public trust in general. (shrink)

_BMC Medical Ethics_ is an open access journal publishing original peer-reviewed research articles in relation to the ethical aspects of biomedical research and clinical practice, including professional choices and conduct, medical technologies, healthcare systems and health policies. _BMC __Medical Ethics _is part of the _BMC_ series which publishes subject-specific journals focused on the needs of individual research communities across all areas of biology and medicine. We do not make editorial decisions on the basis of the interest of a study or (...) its likely impact. Studies must be scientifically valid; for research articles this includes a scientifically sound research question, the use of suitable methods and analysis, and following community-agreed standards relevant to the research field. Specific criteria for other article types can be found in the submission guidelines. _BMC series - open, inclusive and trusted_. (shrink)

BackgroundBiobanks provide an important foundation for genomic and personalised medicine. In order to enhance their scientific power and scope, they are increasingly becoming part of national or international networks. Public trust is essential in fostering public engagement, encouraging donation to, and facilitating public funding for biobanks. Globalisation and networking of biobanking may challenge this trust.MethodsWe report the results of an Australian study examining public attitudes to the networking and globalisation of biobanks. The study used quantitative and qualitative methods in conjunction (...) with bioethical analysis in order to determine factors that may contribute to, and threaten, trust.ResultsOur results indicate a generally high level of trust in biobanks and in medical research more broadly. Key factors that can reduce perceived trustworthiness of biobanks are commercialisation and involvement in global networking.ConclusionsWe conclude that robust ethical oversight and governance standards can both promote trust in global biobanking and ensure that this trust is warranted. (shrink)

Anti-selection occurs when information asymmetry exists between insurers and applicants. When an applicant knows they are at high risk of loss, but the insurer does not, the applicant may try to use this knowledge differential to secure insurance at a lower premium that does not match risk.

The market failures approach to business ethics argues that economic theory regarding the efficient workings of a market can generate normative prescriptions for managerial behaviour. It argues that actions that inhibit Pareto optimal solutions are immoral. However, the approach fails to identify goods that should be regulated or prohibited from the market, something common to the moral limits to markets approach to business ethics. There are, however, numerous assumptions underlying Paretian efficiency, including some about the preferences of market participants. Trade (...) in some goods violates some of these assumptions, and so these goods are morally suspect and can be understood to indicate that the market for these goods is not moral. This creates grounds sufficient for regulating, and possibly prohibiting, these goods. To help determine whether it is then necessary to regulate the goods, I propose a supplementary economic analysis to ascertain why an assumption regarding a particular preference is being violated. (shrink)

At the height of the #MeToo Movement, allegations of sexism and male privilege in the movement reached not only the larger activist community, but the general public, through blogs, social media posts, and major news sources such as The New York Times, The Washington Post, The Guardian, and ABC 7 News. Chapter 8 explores this information for evidence of sexism and male privilege stemming from well-known, considerably empowered men in key organizations. Simultaneously, this chapter testifies to the possibility for change (...) in social justice circles through collective, organized responses to sexism and male privilege. (shrink)

The Market Failures Approach (MFA) is one of the leading theories in contemporary business ethics. It generates a list of ethical obligations for the managers of private firms that states that they should not create or exploit market failures because doing so reduces the efficiency of the economy. Recently the MFA has been criticised by Abraham Singer on the basis that it unjustifiably does not assign private managers obligations based on egalitarian values. Singer proposes an extension to the MFA, the (...) Justice Failures Approach (JFA), in which managers have duties to alleviate political, social, and distributive inequalities in addition to having obligations to not exploit market failures. In this paper I describe the MFA and JFA and situate them relative to each other. I then highlight a threefold distinction between different types of obligations that can be given to private managers in order to argue that a hybrid theory of business ethics, which I call the MFA +, can be generated by arguing that managers have obligations based on efficiency and duties based on equality to the extent that these latter obligations do not lead to efficiency losses. This argument suggests a novel theoretical option in business ethics, elucidates the issues that are at stake between the MFA and the JFA, and clarifies the costs and benefits of each theory. (shrink)

How should we distinguish between ethical and unethical ways of pursuing profit in a market? The market failures approach (MFA) to business ethics purports to provide an answer to this question. I argue that it fails to do so. The source of this failure is the MFA’s reliance on Pareto efficiency as a core ethical principle. Many ethically “preferred” tactics for seeking profit cannot be justified by appeal to Pareto efficiency. One important reason for this is that Pareto efficiency, as (...) understood by the theory of welfare economics upon which the MFA relies, assumes a static conception of efficiency. This is a problem because many ethically “preferred” tactics can only be justified by appeal to dynamic efficiency considerations. I argue that, instead of Pareto efficiency, we should look to the value of wealth creation to understand the ethical constraints on how market actors may pursue profit. (shrink)

This paper offers the concept of “justice failure,” as a counterpart to the familiar idea of market failure, in order to better understand managers’ ethical obligations. This paper takes the “market failures approach” to business ethics as its point of departure. The success of the MFA, I argue, lies in its close proximity with economic theory, particularly in the idea that, within a larger scheme of social cooperation, markets ought to pursue efficiency and leave the pursuit of equality to the (...) welfare state. As a result, the core ethical responsibility of business actors is to avoid profiting off of market failure. After reviewing this approach I challenge its emphasis on efficiency. I argue that just as we note the suboptimal efficiency of actual markets, we should also take seriously the suboptimal equality of actual welfare states. Taking this idea seriously results in a whole other set of ethical responsibilities for businesses to take into account; in addition to market imperfections and regulatory lacunae, managers should also avoid profiting from, and exacerbating, structural inequalities and injustices. I offer an outline of the kinds of injustices and inequalities that would have bearing on business ethics, and the kinds of ethical responsibilities that this approach suggests that business actors should take into account. (shrink)

This article reviews and criticizes Joseph Heath’s market failures approach (MFA) to business ethics. Our criticism is organized into three sections. First, we argue that, even under the ideal assumptions of perfect competition, when markets generate Pareto-efficient distributions, Heath’s approach does not rule out significant harms. Second, we show that, under nonideal conditions, the MFA is either too demanding, if efficiency is to be attained, or not sufficiently demanding, if the goal of Pareto efficiency is abandoned. Finally, we argue that (...) Heath’s appeal to regulations and specific moral requirements as a remedy for market failures is unlikely to safeguard efficiency and exposes a number of general worries regarding the moral force of the MFA. We end this article with a constructive suggestion on how to adjust the MFA to avoid these problems while preserving its contractualist and Paretian spirit. (shrink)

In his latest book, _Ethics for Capitalists_, Joseph Heath draws on his many years of thinking about business ethics to propose, as the book’s subtitle indicates, “a systematic approach to business ethics, competition, and market failure.” He develops his argument carefully, draws on a wealth of interdisciplinary work, uses valuable and insightful examples, contrasts his views with important alternatives, and provides responses to compelling objections. In this review article, we argue that his book revises and sharpens many of Heath’s earlier (...) ideas, addressing important criticisms raised against them. We highlight that the book also offers a broad macro-level framework for market design, an explanation of how current corporate governance structures fit such a framework, and concrete responses to micro-level questions about what businesses and individuals ought to do. By doing all of this, his book shifts the scope of the “market failures approach” (MFA) from what used to be a narrow focus on the obligations of professional managers to an encompassing “ethics for capitalists” that ought to guide any economic actor within a capitalistic system. Despite the many merits of his book, we conclude by discussing some concerns we have about its scope and methodology. (shrink)

Managers often have discretion in interpreting their ethical requirements, and they should seek democratic guidance in doing so. The undemocratic nature of managerial ethical discretion is shown to be a recurring problem in business ethics. Joseph Heath’s market failures approach (MFA) is introduced as a theory better positioned to deal with this problem than other views. However, due to epistemic uncertainty and conceptual indeterminacy, the MFA is shown to allow a much wider range of managerial discretion than initially appears. The (...) paper explores how this range can be narrowed down with democratic input, comparing models based on formal state institutions and on the informal public sphere. A case study from the pharmaceutical industry illustrates the merits of the informal public sphere approach. (shrink)

Abraham Singer defends the Market Failures Approach to business ethics from the objection that the MFA cannot account for the moral value of disruptive innovation. Singer argues that critics who attack the MFA on these grounds face a dilemma: either accept the MFA, along with its general prohibition on disruptive innovation, or reject the very idea that business and market competition should be understood as rule-governed activities at all. This commentary argues that the dilemma Singer poses to MFA critics is (...) a false one. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Virtual GalleryPhotographs are by Christine Chin, a student in the MFA program in Photography at Purdue University. Click for larger view View full resolution Click for larger view View full resolution Click for larger view View full resolution Click for larger view View full resolution Click for larger view View full resolution Click for larger view View full resolution Click for larger view View full resolution Click for larger (...) view View full resolution Click for larger view View full resolution Click for larger view View full resolutionCopyright © 2001 The Johns Hopkins University Press... (shrink)

A compelling look at animal welfare and factory farming in the United States from Mercy For Animals, the leading international force in preventing cruelty to farmed animals and promoting compassionate food choices and policies. Nathan Runkle would have been a fifth-generation farmer in his small midwestern town. Instead, he founded our nation’s leading nonprofit organization for protecting factory farmed animals. In Mercy For Animals, Nathan brings us into the trenches of his organization’s work; from MFA’s early days in grassroots activism, (...) to dangerous and dramatic experiences doing undercover investigations, to the organization’s current large-scale efforts at making sweeping legislative change to protect factory farmed animals and encourage compassionate food choices. But this isn’t just Nathan’s story. Mercy For Animals examines how our country moved from a network of small, local farms with more than 50 percent of Americans involved in agriculture to a massive coast-to-coast industrial complex controlled by a mere 1 percent of our population—and the consequences of this drastic change on animals as well as our global and local environments. We also learn how MFA strives to protect farmed animals in behind-the-scenes negotiations with companies like Nestlé and other brand names—conglomerates whose policy changes can save countless lives and strengthen our planet. Alongside this unflinching snapshot of our current food system, readers are also offered hope and solutions—big and small—for ending mistreatment of factory farmed animals. From simple diet modifications to a clear explanation of how to contact corporations and legislators efficiently, Mercy For Animals proves that you don’t have to be a hardcore vegan or an animal-rights activist to make a powerful difference in the lives of animals. (shrink)

Endörfer and Larue (2022) argue that Joseph Heath’s Market Failures Approach to business ethics (MFA) implies a demandingness dilemma: under conditions of imperfect competition, they argue, the MFA is either too demanding, if requiring that firms should seek to generate Pareto efficiency or “social optima”, or not demanding enough, if it gives up on social optima and focus instead on incremental Pareto improvements. I argue the MFA can be combined with an excusability principle to overcome the problem of over-demandingness. Since (...) this means the MFA can hold on to the obligation to promote social optima, the under- demandingness problem too is avoided, and the dilemma is solved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Theoretical Remarks on Combined Creative and Scholarly PhD Degrees in the Visual ArtsJames Elkins (bio)The PhD in visual arts is inescapable: it is on the horizon. In just a few years, there will be a number of such programs in the United States, and if the trend mirrors the expansion of MFAs after the mid-1960s, then in a few decades the PhD will be the consensus "terminal" degree for (...) artists. Given that, it is pressing to consider how the degree might be theorized. In Australia and the United Kingdom, where the degrees already exist, their growth has been dictated in large measure by the existing educational structures and by the inevitable quest for funding. (In the United Kingdom, university departments get a disproportionate increase in their funding if they offer doctorate programs, and the same pattern occurs in state schools in America.) As a result, existing programs simply grow by exonomic necessity or opportunity, and so far they have not been well theorized apart from models already in use elsewhere in the university. Private universities and art schools in the United States are therefore well positioned to rethink the conceptual foundations of combined studio and scholarly PhDs, because they are largely freed of the temptation of increased funding and the obligation to fit the new programs into existing structures. In this essay, I propose eight configurations that such degrees might take. I close with three general observations about the future of such programs.Three pieces of background are necessary as introduction. First, the School of the Art Institute, Chicago, where I teach, is currently running an four-year undergraduate major in visual studies. Soon we will be expanding it into an MA and, in a few years, a PhD. At the BA level our program already has a large studio component. For that reason we have been looking at programs that offer comparable combinations of creative and scholarly work at the PhD level. Our own program, we hope, will be a place [End Page 22] where the possibilities of other programs can be kept open and continuously questioned.Second, this essay was originally a reader's report for a creative-arts PhD thesis called "Beyond the Surface: The Contemporary Experience of the Italian Renaissance," written by Jo-Anne Duggan for the University of Technology, Sydney. In fall 2003 Duggan was a candidate for the "DCA," Doctorate of Creative Arts." She is a photographer, and her special interest is photographing inside museums; her thesis explores the history and theory of that practice. The report I wrote for her was the basis of this essay, because I found that her thesis is a mixture of what I think are the eight principal possibilities for combining PhD-level scholarship and creative work.Third, this essay is the outgrowth of several colloquia that have been held at the College Art Association and at the Association of Independent Colleges of Art and Design/National Association of Schools of Art and Design (AICAD/NASAD) conferences (organizations of art school administrators). These ad hoc forums have been, so far, the only places where the new programs have been debated. I hope this essay can contribute to a more detailed discussion.Here are the eight configurations. The first five are (or will be) common, and the last two are rare but preferable.1. The thesis is art history, intended to inform the art practice. The most obvious relation between scholarship and creative work is that the former informs the latter. The artist positions her scholarship so that it supports her art practice. Within this possibility, perhaps the most common option would be to write an art historical thesis, covering the history of practices that lead up to the writer's own practice. Among the advantages would be that, in theory, the candidate would be able to go on to teach in a department of art history. In terms of her practice, the idea would be that historical knowledge strengthens art practice: a debatable point, if only because so many artists have done so well by ignoring or distorting the relevant history. In Canberra in summer 2003, I met a recent PhD whose thesis was on... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ImagesDiana Cooper lives and works in New York City. She received her BA from Harvard College and MFA from Hunter College, and has been the recipient of a Rome Prize (2003–04), a Guggenheim Foundation Fellowship (2000), and a New York Foundation for the Arts Fellowship (2000).Cooper has exhibited extensively both in the United States and abroad. She has had solo shows at Postmasters Gallery in New York City; the (...) Drawing Room and Hales Gallery in London; Chapter in Cardiff; Staubkohler Galerie in Zürich; Carl Berg Gallery in Los Angeles; and Numark Gallery in Washington DC. She has participated in numerous group shows at venues such as the Whitney Museum of American Art at Altria; the Brooklyn Museum; the Contemporary Art Center, Cincinnati; the Kunstmuseum, St. Gallen; the Sharjah Museum of Art, UAE; the Tang Museum in Saratoga Springs; and PS 1 Contemporary Art Center in Long Island City.In 2007 the Museum of Contemporary Art in Cleveland will devote a major exhibition to her work.Please contact Postmasters Gallery for further information.postmasters@thing.net www.postmastersart.com Click for larger view View full resolutionFigure 1 Diana Cooper Speedway (front) (2002). Click for larger view View full resolutionFigure 2 Diana Cooper Speedway (back) (2002). Click for larger view View full resolutionFigure 3 Diana Cooper And I Couldn’t Find You (1998). Click for larger view View full resolutionFigure 4 Diana Cooper And I Couldn’t Find You (1998). Click for larger view View full resolutionFigure 5 Diana Cooper Emerger (detail) (2005–06). Click for larger view View full resolutionFigure 6 Diana Cooper My Eye Travels (2001–2004). Click for larger view View full resolutionFigure 7 Diana Cooper Push Gently (2002). Click for larger view View full resolutionFigure 8 Diana Cooper Swarm (2003–05). Click for larger view View full resolutionFigure 9 Diana Cooper The Black One (1997). Click for larger view View full resolutionFigure 10 Diana Cooper Mechanical Cloud (2004–05). Click for larger view View full resolutionFigure 11 Diana Cooper Moving Targets (2003).Copyright © 2005 The Johns Hopkins University Press... (shrink)

We evaluate the effectiveness of impact investing from the perspective of the market failures approach (MFA) to business ethics. Under the MFA, businesses are ethically obligated to contribute to market efficiency by mitigating market failures. The MFA ethics literature emphasizes a negative externality interpretation of market failures, with ethical practice as self-regulation. We argue that the MFA also obligates businesses, and investors, to produce positive externalities, a form of private provision of public goods. We develop a graphical MFA ethical framework (...) addressed to impact investing. The framework is based on impact projects’ dual financial and social returns. Dual returns trade-offs originate in market failures and increase with positive externalities. In practice, a key determinant of market failure and the size of returns trade-offs is the availability of intermediate public goods. This varies systematically across sectors and country-markets. We identify the market circumstances under which impact investing is feasible. We show how provision of positive externalities mitigates market failures. We show that the effectiveness of impact investing depends on the interaction of the determinants of feasibility and of the size of project trade-offs. We show how government supporting intervention, through blended finance vehicles, can improve impact investing effectiveness. Finally, we show that evidence of actual patterns of impact investing across sectors and countries supports our analysis. (shrink)

continent. 2.1 (2012): 40–43. Lance Olsen is a professor of Writing and Literature at the University of Utah, Chair of the FC2 Board of directors, and, most importantly, author or editor of over twenty books of and about innovative literature. He is one of the true champions of prose as a viable contemporary art form. He has just published Architectures of Possibility (written with Trevor Dodge), a book that—as Olsen's works often do—exceeds the usual boundaries of its genre as it (...) explores his interests in narrative theory and pedagogy. The book is a kind of “anti-textbook;” a performative polemic against the stale, conservative and monolithic conception of the literary that so often dominates institutional discourse around creative writing. The following interview takes the occasion of AoP's publication as a chance to speak with Olsen about the book itself as well as to engage with larger, unanswerable, questions about the futures and intersections of literature and education. —Ben Segal INTERVIEW: 1) First, I want to start before the beginning, with the title. I’m really fascinated by the concept it conjures. Can you say something about innovative/experimental/(choose your adjective) literature in relation to both ideas around architecture and possibility? Innovative or experimental are tremendously fraught adjectives, needless to say. But for the purposes of my book, they modify a fiction concerned with the questions: What is fiction? What can it do, and how, and why? Now, of course, what looks “innovative” or “experimental” to one at 17 may not be what looks “innovative” or “experimental” to one at 27 or 57, and what looks “innovative” or “experimental” in 1812 may not be what looks “innovative” or “experimental” in 2012. A certain existential and historical perspectivism is always at work. But I think it’s fair to say that innovative and experimental usually refer to a narrativity that includes a self-reflective awareness of and engagement with theoretical inquiry, concerns, and obsessions, as well as a sense of being in conversation with fiction across space and time. One can't create challenging writing in a vacuum; it has to challenge in relation to something. So contemporary writers interested in the subject are not only in pursuit of the innovative, but are also always-already writing subsequent to it—writing, that is, in its long wake. Architectures of Possibility conceives of creativity as a possibility space, a locale just outside our comfort zones where we can and should take multiple chances in order to imagine in new ways, explore fresh strategies for finding and cultivating ideas, re-view what it is we’re doing and why, better understand what Samuel Beckett meant when he wrote: “Try again. Fail again. Fail better.” It reminds us that there are other ways of narrating our worlds and ourselves than those we have inherited from the entertainment industry, the government, academia, previous writing, and so on. 2) AoP seems to be directed at several audiences (and purposes) simultaneously. What I mean is that it seems at times a polemic in favor of innovative literature, at other times a creative writing textbook, and still other times a guide to the network of publishers, journals, and programs that make up the current world of non-mainstream literary art in the U.S. In my mind, Architectures is a theorized anti-textbook about writing. Most textbooks on the subject (think of Janet Burroway’s Writing Fiction: A Guide to Narrative Craft , taught in most creative-writing classroom across the country) orchestrate how to construct conventional stories. They instruct from a place of power how to generate familiar stories that are repeated so often that many of us begin to take them as the primary model for narrativity, if not unconsciously as a kind of truth. The result, as Brian Kiteley points out in 3 A.M. Epiphany (one of the only other alternative textbooks about innovative writing around, by the way, and a tremendous repository of exercises), is merely competent texts. Architectures problematizes that gesture by outlining what conventional narrativity looks like, urging writers to think about its ideology of form as well as content, and invites them to imagine writing, not as a set of relatively stable conventions, but, rather, as a possibility space where everything can and should be thought, tried, challenged. It thereby rhymes with Roland Barthes’s definition of literature: the question minus the answer—which is to say Architectures poses complications to the act of writing rather than solutions. 3) One of the most notable things about the book is the use of interviews. This is also one of the reasons that I think the book works so well for a variety of audiences—that anyone with even a passing interest in the state and future of literature will have an interest in your conversation with people like Ben Marcus, Samuel Delany, and Lydia Davis. I was hoping you could just talk a little about how you chose these subjects to interview, how you edited the interview material, and which answers you received struck you the most. Experimentalism , like realism , wants to appear in the plural. The idea of gathering more than forty interviews (with the help of my awesome collaborator, Trevor Dodge, himself a fine innovative author) represents an attempt to suggest that: the wide, rich, exciting opportunities inherent in the term. There are interviews with younger writers, elder statesmen in the field, publishers, editors, hypermedia artists, comic book makers, and so on: Joe Wenderoth, Carole Maso, Scott McCloud, Nick Montfort, Kathy Acker, et al. Trevor and I decided to do flash interviews: short, concentrated Q&As, each focusing on a particular troubling of writing. We only lightly edited the results to match the manuscript’s overall style, and every interview arrived as a surprise housing several unexpected insights. Three brief examples: Michael Mejia, when asked about what he dreads when setting about writing: “Dread is an interesting word here. I associate it less with loathing or aversion, I suppose, than with a kind of productive fear. Do I dread a project’s failure? Sure, who doesn’t? Who wants to waste time on something that comes to nothing, or is unreadable? But then, what do these terms mean, and who or what defines a work as a ‘failure,’ as ‘waste,’ as ‘unreadable’? Should a work actually try to interrogate and exceed these conceptual limitations? My tendency is to write into dread in order to reveal to myself, as much as to any reader that may come after, the varied complacencies that make other, mostly more conventional writings, readable. It’s at the frontier between readability (security) and unreadability (terror) that I want to live creatively.” Carole Maso, when asked what she’d like a sentence to accomplish: “I think a sentence can if allowed carry emotional and intellectual states as they flee, as they come and go, an escaping essence difficult to hold in other ways. In this way I think the sentence can work as a phrase of music does, sounding something large and elusive in us. Alternatively it can provide sometimes a stability, an essence, a moment of being. Unlike music the sentence also of course carries language with all its potential for meaning making and memory traces and association with it as well. I probably love the accretion of sentences most—those patterns, that shimmer, that resonance.” Shelley Jackson, when asked what is innovative about the innovative: “The purpose of the innovative is, I think, to wake us up. We are not quite alive, most of the time; we occupy a sort of cartoon version of our lives, its lines made smooth by repetition. Writing can open the seams in that world, reintroduce us to the real lives that we have forgotten. Maybe all good writing is innovative in some sense, in that it shows or tells or makes you feel something you never felt before—something for which you have no cartoon ready.” 4) You talk a little about N. Katherine Hayles’s concept of Media Specific Analysis and propose the supplemental notion of Medium Specific Generation—basically taking Hayles and applying her thought from the perspective of the writer. I’ve been trying to develop somewhat related theoretical frameworks, so I was really excited to come upon this section of the book. I’m wondering if you can talk a little more about this idea and, in general, about the potentials that you see as being opened up by writers engaging with and exploiting different media as literary platforms? “Lulled into somnolence by five hundred years of print,” Hayles urges in her (at least for me) transformative 2004 essay, “Print is Flat, Code is Deep,” “literary analysis should awaken to the importance of media-specific analysis, a mode of critical attention which recognizes that all texts are instantiated and that the nature of the medium in which they are instantiated matters.” She goes on to argue critics should learn to become more attuned to the materiality of the medium under investigation—which is to say a story isn’t a story isn’t a story. Rather, the “same” story remediated through film is intrinsically different from that story remediated through conventionally printed books is intrinsically different from that story remediated through hypermedia. “Materiality,” Hayles goes on, “is reconceptualized as the interplay between a text’s physical characteristics and its signifying strategies, a move that entwines instantiation and signification at the outset.” My point in Architectures is simply to emphasize Media Specific Generation: the idea that when writing you should be cognizant, not only of the thematics of the text you are working on, and, as it were, the internal components of its narrativity (character, language, plot, etc.), but also of the material embodiment those components take, and, perhaps more important, the material embodiment those components can take. The idea that the way texts matter matters isn’t something usually addressed in any significant way in creative-writing classrooms and textbooks. It may almost go without saying such experimentation with typography, layout, and white space has a long tradition—certainly one that tracks back at least as far as Guillaume Apollinaire’s early twentieth-century Calligrammes , Laurence Sterne’s textually ribald eighteenth-century Tristram Shandy , although one could arguably plot a hypothetical trajectory that reaches to ancient Greek romances like Achilles Tatius’ second-century Leucippe and Clitophon . Experiments into atomic materiality and digital immateriality bracket the definition of “book” at the same time they highlight Michael Martone’s prediction of its present future as increasingly viral, collaborative, and ephemeral. Or, as Matthew Battles points out: the future of the “book” has already arrived, and it is “ethereal and networked” rather than “an immutable brick.”While conventional writing and reading practices are conceptualized as private, individual, relatively fixed experiences, many of the new forms indicate that writing and reading—from production through dissemination—are rapidly becoming public, collective, incrementally unfixed experiences. That strikes me as an astonishing set of opportunities for a writer to investigate. 5) Another concept you elaborate in AoP is that of limit texts, basically texts that, once you read them, change what you imagine as the shape/horizon/potential of literature. You provide a fantastic reading list of limit texts at the end of AoP. I was hoping you could talk about a few of them in terms of how they specifically operate as limit texts for you—how they expand your understanding of what literature could be or do. Karl Jaspers coined the word Grenzsituationen (border/limit situations) to describe existential moments accompanied by anxiety in which the human mind is forced to confront the restrictions of its existing forms—moments that make us abandon, fleetingly, the securities of our limitedness and enter new realms of self-consciousness. Death, for example. Limit texts are a variety of disturbance that carries various elements of narrativity to their brink so the reader can never quite imagine them in the same terms again. Once you’ve taken one down from the shelf, you’ll never be able to put it back up again. They won’t leave you alone. They will continue to work on your imagination long after you’ve read them. Simply by being in the world, they ask us to embrace difficulty, freedom, radical skepticism. One of the most important for me is Samuel Beckett’s The Unnamable . Instead of establishing conventional setting and building traditional character, from its first words it unsettles both: “Where now? Who now? When now?” That first trio of question marks broadcasts the thematics of the writing (“novel” may be too strong a word) that will follow: it is all about a voice (or, perhaps, voices, about the grammatical mistake of the first-person pronoun), a consciousness (maybe, again, too strong a word), often genderless, removed from place and chronology and socioeconomic reality, hovering in a state of perpetual aporia. All it knows is what it doesn’t know, and its not-knowing is blackly, sardonically comic. The Unnamable is the embodiment of an unreliable narrator—a subject position that can’t trust itself, let alone be trusted by a reader. It contradicts, takes back, digresses, undoes what it just did, forgets, lies, hallucinates gloriously. The language is abstract, disembodied, devoid of sensory data, grayish rather than painterly in texture. Without knowing this passage is from a novel, a reader might well conclude s/he were reading a patch of (anti-)Cartesian philosophy. It might be helpful to conceive of what Beckett is doing as post-genre writing, then, or perhaps what Raymond Federman referred to as critifiction—a mode that blurs conventional distinctions between theory and narrative. In completely different register, and much more recently, Anne Carson’s Nox blew me away. It takes the form of an elegy for her older brother, whom she didn’t know well and who died unexpectedly while on the run from the law in Europe. The thing itself arrives in a box that simulates a thick book, as well as the brother’s textual coffin. Open it, and inside you discover, not a codex, but an accordioned series of “pages” that folds out into an arrangement that suggests an ancient scroll (Carson is, perhaps illuminatingly, a professor of classics) made up of shards of her brother’s letters, old photographs, tickets, Carson’s observations, Catullus’ poem 101 (the one addressed to the Roman poet’s dead brother, a doubling of Carson’s situation), and extensive dictionary entries on all the words that compose that poem. The aggregate produces a collage about the impossibilities of aggregates, the impossibilities of understanding fully, of capturing absences in language. At times Nox feels less an example of what most readers consider a book than something closer to a three-dimensional work of assemblage art. It’s a beautiful mechanism for contemplating Media Specific Analysis, for urging us all to be more extreme. 6) Finally, I want to talk a little about pedagogy and institutions. I’m less interested in questions like “Are MFA programs good for writers?” than in questions about how your role as teacher informs your understanding of literature and your writing practice. I’m also very curious about your take on how commercially marginal literary art is largely patronized by large state institutions and at the same time often imagines itself as a critical and even possibly revolutionary practice. How have your own positions within universities and university-affiliated organizations shaped your thinking about them and about innovative literature? I can imagine in many ways it might make you even more critical. And (I know, another ‘and’...) how does AoP (especially given its relation to Rebel Yell , your previous text on creative writing) reflect your personal history and experience as a teacher and member of communities that are largely defined by institutions? In the classroom, I try to generate the pedagogical field I would have liked to have inhabited as a student, but didn’t. Roland Barthes has a lovely line about this: “We need to substitute for the magisterial [classroom] space of the past (the word delivered by the master from the pulpit above with the audience below, the flock, the sheep, the herd)—a less upright, less Euclidean space where no one, neither teacher nor students, would ever be in his final place.” Easier said than done, of course, but an important life project for all who think of themselves as educators. My own classroom, my own writing, and Architectures of Possibility itself attempt to create the sort of possibility space where, as I mentioned at the outset of our interview, everything should be thought, tried, challenged; where everything rhymes with Roland Barthes’s definition of literature: the question minus the answer. I’m not sure I could write what I’m writing now without the conversations I have almost daily with my students, the conversations they have with each other, the conversations we all have with the texts we study. Especially in light of the paradigm shift over the last, say, quarter century from academia as intellectual exploration to academia as McDonaldized trade school, the irony isn’t lost on me concerning the discrepancy between the safe harbor innovative authors find there and the cultural critiques those authors launch through their writing and pedagogical work. In 2001, I quit my full professorship at one institution precisely because of my disappointment over what had happened to the learning environment there. I had no intentions of reentering the field. In 2007, however, the University of Utah approached me, and I found myself in an environment much more hospitable to the sort of work I want to do—teaching experimental narrative theory and practice. It isn’t by any means a simple irony. One could easily argue innovative writing and pedagogy represents the trace of the paradigm Barthes suggests, and that trace is tremendously productive in all kinds of ways. Innovative writing has never and will never change the world in any large, macrocosmic way. But we’ve all had our lives changed, one by one, by an encounter with a difficult, rich, resonant piece of prose, poetry, music, art, you name it. We’ve all had our lives changed at the ahistorical, microcosmic moment by a class we’ve taken, a teacher we’ve studied with, to such an extent that we became, quite literally, different people. I just came across a stunning set of sentences from Derrida on the topic: “What is education? The death of the parents.” That’s what we’re all up to in the innovative, be it in written texts or the texts we call our classrooms or the texts we call our politics: trying to disrupt what both can and can’t be disrupted, trying to undo what both can and can’t be undone, continuously. (shrink)

Accessible and elegant teachings from a well-loved and revered woman Zen teacher. “The truth and joy of this life is that we cannot change things as they are.” The import of those words can be found beautifully expressed in the work of the woman who spoke them, Katherine Thanas (1927–2012)—in her art, in her writing, and especially in her Zen teaching. Fearlessly direct and endlessly curious, Katherine’s understanding of Zen was inseparable from her affinity for the arts. She was an (...) MFA student studying painting with Richard Diebenkorn, the preeminent Californian abstract painter, when she met Shunryu Suzuki, author of Zen Mind, Beginner’s Mind, in the sixties. Soon thereafter she decided to drop painting to dedicate herself to Zen, which she did for the last forty years of her life. In these essential teachings taken from her dharma talks—which make up her only book—her love of art and literature shine through in her elegant prose and her vast references, from poets William Stafford and Naomi Shihab Nye to the Zen teachings of Dogen and Robert Aitken. Ranging on subjects from the practice of zazen to the meaning of life, Katherine urges us to “develop an insatiable appetite for inner awareness, to become proficient with this mind.” This slim volume is an important contribution by a well-loved and revered teacher. (shrink)

One apparently devastating criticism of a whole range of act utilitarian (au) principles is marcus singer's claim that such principles are open to the charge of moral fanaticism, I.E., They commit one to the view that "no action is indifferent or trivial, Every occasion is momentous." this moral fanaticism argument (mfa) is examined in detail. I argue that the mfa is not all that devastating; indeed the act utilitarian can altogether escape the charge of being a fanatic.

In a recent critique of the so-called “market failures approach” (MFA) to business ethics Abraham Singer maintains that business firms have ethical responsibilities to voluntarily restrain their profit-seeking activities in accordance with the demands of justice. While I ultimately share Singer’s intuition that the MFA has overlooked the importance of justice in business ethics, I argue that he has not presented a fully adequate case to explain why justice-related responsibilities should be assigned to business firms. I conclude by offering a (...) brief – and supportive – alternative to his position. (shrink)

The still astonishing expansion of the American university since World War II has transformed the nation's intellectual and cultural life in myriad ways. Most intellectual historians familiar with this period would agree, I suppose, that among the conspicuous changes is the sheer increase in the size and diversity of intellectual and cultural activity taking place on campuses across the country. After all, we know that colleges and universities that employ us also provide full- and part-time academic appointments to novelists, poets, (...) playwrights, filmmakers, choreographers, composers, classical and jazz musicians, painters, photographers, and sculptors, even though most of them probably began their careers with little or no desire to join us in the halls of academe. This now widespread employment practice has decentralized the nation's literary and artistic talent. It also has made for a manifold increase in degree-granting programs in writing and the creative arts. One example will suffice here. When World War II ended, there were a small handful of university-based creative-writing programs. Over the course of the next thirty years, the number increased to fifty-two. By 1985, there were some 150 graduate degree programs offering an MA, MFA, or PhD. As of 2004, there were more than 350 creative-writing programs in the United States, all staffed by practicing writers and poets, many of whom now also hold advanced degrees in creative writing. (shrink)