The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some studies the Institutional (...) Review Board/Research Ethics Committee review process should not assess the practicality of gaining consent for data use. Instead the review process should focus on assessing the public good of the research, public engagement and transparency. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

My aim in this article is to argue that Philippa Foot fails to provide a convincing basis for moral evaluation in her bookNatural Goodness.Foot's proposal fails because her conception of natural goodness and defect in human beings either sanctions prescriptive claims that are clearly objectionable or else it inadvertently begs the question of what constitutes a good human life by tacitly appealing to an independent ethical standpoint to sanitize the theory's normative implications. Foot's appeal to natural facts about human goodness (...) is in this way singled out as an Achilles' heel that undermines her attempt to establish an independent framework for virtue ethics. This problem might seem to be one that is uniquely applicable to the bold naturalism of Foot's methodology; however, I claim that the problem is indicative of a more general problem for all contemporary articulations of virtue ethics. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are thepredominantinfluences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully linked to (...) health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

Name der Zeitschrift: Cultura. International Journal of Philosophy of Culture and Axiology Jahrgang: 8 Heft: 2 Seiten: 85-104.

This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...) the mid-1970s, such facts emerged in relation to new neurobiological styles of explaining and managing social problems associated with drug abuse, and an alliance between a relatively marginal group of researchers and American policy-makers who were launching the ‘War on Drugs’. Beyond illustrating the political and material conditions necessary for the rise of addiction neuroscience, the article highlights the productivity of neurobiological thought styles, by focusing on the new biological objects, treatments and hopes that have emerged within the field of addiction studies over the last several decades. (shrink)

Many of the activities of clinical practice happen to, with or upon vulnerable human beings. For this reason numerous nursing authors draw attention to or claim a significant moral domain in clinical practice. A number of nursing authors also discuss the emotional involvement and/or emotional labour which is often experienced in clinical practice. In this article I explore the importance of emotion for moral perception and moral agency. I suggest that an aspect of being a good nurse is having an (...) emotional sensitivity to other human beings (patients), because this emotional sensitivity allows the nurse to perceive more accurately the context and perspective of the patient. It is thus important to the moral agency of the nurse and to morally sensitive clinical practice. As such education of the emotions should be a feature of the moral education of the nurse. A useful conception of the role of educated emotion in the moral life can be discovered in Aristotelian ethics. (shrink)

Are horror films immoral? Gianluca Di Muzio argues that horror films of a certain kind are immoral because they undermine the reactive attitudes that are responsible for human agents being disposed to respond compassionately to instances of victimization. I begin with this argument as one instance of what I call the Argument from Reactive Attitudes (ARA), and I argue that Di Muzio’s attempt to identify what is morally suspect about horror films must be revised to provide the most persuasive interpretation (...) of the ARA. I then argue that the ARA provides a compelling standard for evaluating the moral permissibility of creating and viewing horror films, yet I note that it is an exceedingly difficult practical task evaluating the risk that these films create for our reactive attitudes. My conclusion is that the ARA provides a useful way or orienting ourselves to the complicated details of evaluating the moral status of horror films. (shrink)

In an atmosphere of shrinking state funds for edu cation and the glistening power of information technology, the administrators of educational institutions, especially higher education, are investing heavily in the construction and increased use of distance learning classrooms. Yet, in this rush to be both economi cally streamlined and technologically advanced, few policy makers are inquiring into the educational bene fits actually proffered to the end users, that is, teachers and students. This article advances such an inquiry by revealing how (...) the equipment in such facilities explic itly or implicitly embodies, and thereby determines, pedagogical choices. Such "hardwired" pedagogy may enhance the type and amount of data flow, but it effectively restricts the options for teaching and learn ing on the part of both the teacher and the student. Furthermore, virtual classrooms functionally transfer parametric control of classroom interaction from the participants to the equipment and therefore to the technicians, accountants, bureaucrats, manufacturers, and engineers. (shrink)

Sound propagation within certain non-relativistic condensed matter models obeys a relativistic wave equation despite such systems admitting entirely non-relativistic descriptions. A natural question that arises upon consideration of this is, “do devices exist that will experience the relativity in these systems?” We describe a thought experiment in which ‘acoustic observers’ possess devices called sound clocks that can be connected to form chains. Careful investigation shows that appropriately constructed chains of stationary and moving sound clocks are perceived by observers on the (...) other chain as undergoing the relativistic phenomena of length contraction and time dilation by the Lorentz factor, \, with \ the speed of sound. Sound clocks within moving chains actually tick less frequently than stationary ones and must be separated by a shorter distance than when stationary to satisfy simultaneity conditions. Stationary sound clocks appear to be length contracted and time dilated to moving observers due to their misunderstanding of their own state of motion with respect to the laboratory. Observers restricted to using sound clocks describe a universe kinematically consistent with the theory of special relativity, despite the preferred frame of their universe in the laboratory. Such devices show promise in further probing analogue relativity models, for example in investigating phenomena that require careful consideration of the proper time elapsed for observers. (shrink)

In their response to ‘Public interest in health data research: laying out the conceptual groundwork’, Grewal and Newson critique us for inattention to the law and putting forward an impracticably broad conceptual understanding of public interest. While we agree more work is needed to generate a workable framework for Institutional Review Boards/Research Ethics Committees, we would contend that this should be grounded on a broad conception of public interest. This broadness facilitates regulatory agility, and is already reflected by some current (...) frameworks such as that found in the guidelines approved under Australia’s Privacy Act. It remains unclear which elements of our broad account Grewal and Newson would reject, or indeed where the substantive disagreement with our position lies. (shrink)

In this essay, I suggest that a slightly modified version of Freedman’s formulation of the clinical equipoise requirement is justified. I begin this essay with a brief discussion of the equipoise r...

There has been a promising discussion brewing recently about whether there is an ethics of inquiry—that is, a unique set of ethical rules that constrains inquirers specifically in their role as inquirers. Most prominently, Philip Kitcher has proposed that there is indeed an ethics of inquiry. He argues that, given the intellectual climate of many modern societies, certain research programs are likely to encourage further social injustice against members of already disadvantaged groups; in such cases, inquirers are obligated to refrain (...) from that research, regardless of its expected or likely results. Kitcher has in mind scientific research regarding the natural capacities of members of traditionally underprivileged social groups; he thinks that, given the degree of prejudice and discrimination that obtains in many societies, research into the possibility of a biological basis for differences in accomplishment among different races and sexes should be prohibited, even where the proposed research promises to debunk racist and sexist views. (shrink)

This paper addresses the views of R.G. Collingwood and Theodor Adorno on the role of amusement and art in what each of them saw as the crisis of contemporary Western civilization. We will begin by showing how the aesthetic theories of Collingwood and Adorno develop out of their shared concerns about the harmful effects of amusement and bad art on the consciousness of human beings. We will argue that a productive dialogue between these two figures clarifies that the value of (...) art consists in its ability to remedy the corruption of the mental and emotional lives of human beings and in helping to fashion a different social and political order. As part of this, we will show how, despite appearances, Adorno’s aesthetic cognitivism and Collingwood’s expression theory of art agree with and complement one another in significant ways. In establishing this point, this work will leave us with an understanding of art that is more comprehensive and better equipped to address the crisis of contemporary Western society. (shrink)

This article explores Catherine Malabou’s philosophical foray into neuroscience, especially her continuing work on the topics of brain plasticity and epigenesis. I lay the groundwork for a productive intersection of Malabou’s philosophy with Lacanian psychoanalytic film theory, despite Malabou’s tendency to treat the brain’s plasticity as an issue beyond the scope of the Freudian-Lacanian conception of the unconscious. Through consideration of Todd McGowan’s development of a Lacanian ontology, and by reference to the structure of derivative finance in late capitalism, especially (...) as depicted in The Big Short (Adam McKay, 2015), the article argues in favor of an epigenesis of desire, in which attentiveness to the sedimented layers and conflicted temporalities of the brain’s synaptic connections may prove illuminating for philosophical studies of films that adopt a pedagogical stance toward recent historical or political events. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 37.1 (2004) 42-71 [Access article in PDF] Narrative as Argument in Indian Philosophy: The Astavakra Gita as Multivalent Narrative Scott R. Stroud Department of Philosophy Temple University Indian philosophy has often been described as radically different in nature than Western philosophy due to its frequent use of narrative structure. By employing poetic elements in their use of language, such texts attempt to convey deep metaphysical (...) truths and philosophical positions about reality that are in many cases quite different from Western ideas (Babbili 1997). Often, these ways of conveying truths are an integral part of that truth. One particularly useful form is narrative, taking instantiations such as a dialogue between characters. Philosophical dialogues such as the Bhagavad Gita and the Astavakra Gita (also known as the Astavakra Samhita ) use a portrayed conversation involving a guru or deity to convey didactic lessons and values to the receptive audience, both ancient and modern. As texts such as the Bhagavad Gita gain in popularity and circulation in the Western world (Minor 1982; Paine 1998; Sharpe 1985), philosophical and rhetorical inquiry must be extended to explain how these texts function in an argumentative philosophical context.Stroud (2002a, 2002b) has advanced the idea that such ancient Indian narratives argue through the use of contradictions and conflicting value structures;1 he labels such texts as multivalent narratives since their use of contradictory value structures compel audience members to reconstruct the narrative's message and allow for the acceptance of novel views. Multivalent narratives are to be distinguished from polysemic narratives (Fiske 1986) in that the latter concern different audience members finding a preferred position from the ambiguous story. Polysemic narratives involve the difference in meaning of the same story to different auditors. Condit criticizes this notion of polysemic narratives and advances her own concept of polyvalent narratives. The concept of a polyvalent narrative involves different auditors understanding the same story in similar ways, but differing in how they evaluate its message. Condit's research with a popular television [End Page 42] show and two students from radically different backgrounds on abortion finds that they understood what occurred in a very similar fashion; they differed in that they "disagree[d] about the valuation of those denotations to such a degree that they produce[d] noticeably different interpretations" (1989, 106). Thus, the auditors differ as to their response to a certain story and how it treats their own cherished values. Stroud (2002a) provides a thorough justification as to why the concepts of polysemic and polyvalent narratives do not capture what can be called multivalent narratives. The important factor in distinguishing these three concepts is that the third involves contradictions at the level of values within a text and the reader's necessitated activity of trying to synthesize or reconcile such contradictions. It is this activity that is the hallmark of multivalent narratives.This employment of multivalent narrative offers a challenge to familiar Western conceptions of argumentative discourse and demands further investigation. This study explores the ways a particular text, the Astavakra Gita, argues its philosophical positions to its audience of potential "pupils."2 Using the insights provided by theories of narrative and reader-response theory, I will argue that this text advances its claims not through overt syllogism or validity claim redemption, but through textual indeterminacy between the audience's disposition and the foregrounded theme of non-individuation in the text. This tension, increased by certain textual devices, results in consistency building by the audience, which enables the transcendence of these two viewpoints (reader and text); it is this experience, not claim, that the Astavakra Gita seems to be advancing to any given audience.In order to explore this interpretation of this text and its argumentative relationship to an audience, insights from both literary studies and rhetorical theory must be used in laying a foundation. The work of Wolfgang Iser (1980, 1989, 1993) and Walter Fisher (1987) will assume roles of particular importance in this endeavor. Iser's theory of aesthetic response provides a useful description of the phenomenological process of reading such a... (shrink)

Stigma has become an important concept in public health law. It is widely accepted that certain diseases are disfavored in society, leading to discrimination against people identified with them, which in turn has the tendency to drive an epidemic underground—i.e., to make it more difficult for voluntary public health programs to reach and succeed among populations bent on concealing their disease or risk status. The need to reduce stigma and its effects has been used to justify the passage of privacy (...) and antidiscrimination law to protect people with HIV. More recently, stigma has been part of the arsenal of justification for special genetic antidiscrimination and privacy law. Despite its importance, however, there is no single widely accepted definition of stigma in social science, and its relationship to law has been generally under-theorized and unsupported by data, reducing our ability to effectively deploy law and other tools in the anti-stigma cause. (shrink)

With the rise of artificial intelligence (AI) and the desire to ensure that such machines work well with humans, it is essential for AI systems to actively model their human teammates, a capability referred to as Machine Theory of Mind (MToM). In this paper, we introduce the inner loop of human–machine teaming expressed as communication with MToM capability. We present three different approaches to MToM: (1) constructing models of human inference with well-validated psychological theories and empirical measurements; (2) modeling human (...) as a copy of the AI; and (3) incorporating well-documented domain knowledge about human behavior into the above two approaches. We offer a formal language for machine communication and MToM, where each term has a clear mechanistic interpretation. We exemplify the overarching formalism and the specific approaches in two concrete example scenarios. Related work that demonstrates these approaches is highlighted along the way. The formalism, examples, and empirical support provide a holistic picture of the inner loop of human–machine teaming as a foundational building block of collective human–machine intelligence. (shrink)

The ultimate challenge for psychology as a human science inheres in accessing the experience of the other. In general, the field of psychology has perpetuated the epistemological dualism of distinguishing between the realm accessible by external perception and the realm accessible by inner perception, and hence between the subjective and the objective , regarding the "first person" perspective as a legitimate means of access only to one's own private experience, while insisting that all others' experience must be observed from a (...) neutral "third person" perspective. By reflecting on his participant-observational encounters with the animal other of the Bonobo, the author attempts to demonstrate in this paper the possibility of a third approach between the antinomy of methodological subjectivism and methodological objectivism as a way out of the dilemmas posed by epistemological dualism. The alternative proposed is the "second person" framework of observation, which, by invoking empathic seeing as its means of accessing the private space of the other and creating the space of the "in between", allows for intersubjective engagement in an experiential gestalt consisting of "myself and the other", and offers the possibility of testing one's ‘own' experience of an intersubjective moment in dialogue with the other. In so far as it infers the focusing of consciousness on embodied experience and expression, and the synthesis of receptive and proprioceptive consciousness in "experiaction" , the "second person" perspective restores inner reality to the realm of the observable, and thus reclaims observation as the method of psychology, and behaviour as its subject matter. The notion of empathy and intuition as a reliable and valid mode of access to the psychological life of others is substantiated theoretically with reference to inter alia Husserl's concepts of "coupling" and "co-constitution", Merleau-Ponty's notions of "inter-corporeality" or "carnal intersubjectivity" and of "the intertwining and the chiasm" of the "Ineinander" as constitutive of the "flesh of the world", Laing's postulation of the possibility of "interexperience", and the sense of union with the object of perception implied by Scheler's term "Einsfühlung" as the essence of intersubjective encounter. (shrink)

In “Assessing the Remedy: The Case for Contracts in Clinical Trials,” Sarah Edwards (2011) proposes that research participants acquire contractual obligations to investigators, thus opening the doo...

RÉSUMÉ: L’«argument de la mort» de David Mackie prétend montrer que le critère psychologique de l’identité personnelle ne peut pas être adéquat, vu que les cadavres sont des gens et ne sont pourtant pas dotés de psychologie. Mackie soutient que les tenants du critère psychologique ne peuvent pas se contenter d’affirmer que le terme «personne» désigne tout simplement quelque chose qui a nécessairement des capacités psychologiques, car ce serait là, prétend-il, commettre une pétition de principe à l’encontre de sa position. (...) Et il prétend, de plus, que le langage ordinaire corrobore sa façon de voir. Je soutiens, cependant, que cet appui du langage ordinaire n’est guère concluant, et que la théorie psychologique a les ressources nécessaires pour rendre compte du discours sur les personnes mortes. (shrink)

The efforts of psychologists as well as laypersons to identify causes and motives of behavior is examined from an existential-phenomenological perspective. The claim made by modern psychology that its epistemological ground consists of an objectively given realm of “facts” is called into question. Psychological explanation is presented as a system of discourse that has its own psychological “motivation.” The traditional concepts of “conditions,” “causes,” and “motives” are critiqued and alternative notions such as “meaning” and “project” are drawn from the literature (...) of phenomenology as a basis for understanding rather than explaining human behavior. Verbal report data are used to illustrate and substantiate claims made about the illusive nature of explanation. 2012 APA, all rights reserved). (shrink)

The problem of narrative validity is discussed in reference to psychologists' criticisms of verbal report data and in dialogue with Jean-Paul Sartre's understanding of self-knowledge in general and of self-deception in particular. Sartre's notion of "purifying reflection" is invoked as a way of seeing through the distortions and deceptions inherent in narrative accounts of lived experience. Excerpts from empirically-based phenomenological investigations of desire and sexual compliance will be used as illustrations of both the content and process of phenomenologically-based narrative research.

In this paper, I explore several privacy issues as they arise with respect to the divine/human relationship. First, in section 1, I discuss the notion of privacy in a general way. Section 2 is devoted to the claim that privacy involves control over information about oneself. In section 3, I summarize the arguments offered recently by Margaret Falls-Corbitt and F. Michael McLain for the conclusion that God respects the privacy of human persons by refraining from knowing certain things about them. (...) Finally, in section 4, I shall criticize Falls-Corbitt and McLain’s arguments and make some concluding remarks about God and privacy. (shrink)

Andrew Dickson White played a pivotal role in constructing the image of a necessary, and even violent, confrontation between religion and science that persists to this day. Though scholars have long acknowledged that his position is more complex, given that White claimed to be saving religion from theology, there has been no attempt to explore what this means in light of his overwhelming attack on existing religions. This essay draws attention to how White's role as a historian was decisive in (...) allowing him to posit a future for religion purified of dogma by science. It argues, furthermore, that this effort is better understood as religious innovation, rather than a plea for strictly secular science. In so doing it hopes to lay the foundation for a more fruitful historical treatment of White, and a range of other figures whose devotion to science has otherwise been difficult to grasp. (shrink)

Every day consumers use and purchase products whose supply chains begin with natural resources in countries plagued by widespread human rights deficits. Many economists and political scientists argue that there is a resource curse: those countries which possess valuable natural resources, especially oil, natural gas, and minerals, are prone to authoritarianism, civil war, and economic mismanagement. The combination of these two empirical facts—that consumers indirectly purchase resources from countries plagued with human rights abuses, and that these abuses are systematically correlated (...) with dependence on natural resource exports—has recently led philosophers to argue that consumers, corporations, and the governments that represent them bear some moral responsibility for human rights deficits in resource exporting countries. I agree. However, analyses of the resource curse rarely mention gender. This masks the gendered aspects of the harms that result from the natural resource trade. First, there is a high correlation between dependence on natural resource exports and gender inequality. Second, the commonly recognized resource curses—of authoritarianism, civil war, and economic mismanagement --result in gender specific harms. If these empirical assertions are correct, consumers, corporations, and the governments that represent them bear some moral responsibility for the foreseeable, avoidable gender-specific injustice that many women and some men suffer as a result of the resource curse. After reviewing the causal and moral links between natural resources and gender inequality, I consider a range of proposed reforms to the resource curse, and argue that integrating gender into these reforms will help create enabling conditions for women’s rights movements to move from the resource ‘curse’ to opportunity and equality. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.