A collective volume in memoriam Mihail Radu Solcan.

Intellectual property is one of the highly divisive issues in contemporary philosophical and political debates. The main objective of this paper is to explore some sources of tension between the formal rules of intellectual property (particularly copyright and patents) and the emerging informal norms of file sharing and open access in online environments. We look into the file sharing phenomena not only to illustrate the deepening gap between the two sets of norms, but to cast some doubt on the current (...) regime of intellectual property as an adequate frame for the new type of interactions in online environments. Revisiting the classic Arrow–Demsetz debate about intellectual property and the epistemological issues involved in assessing institutions, we suggest that seeking out new institutional arrangements aligned with the norms-in-use seems to be a more promising strategy in the new technological setting than attempting to reinforce the current legal framework. Moreover, such a strategy is less prone to committing the so-called ‘Nirvana fallacies’. As a secondary task, we try to cast some doubt on the two most common moral justifications of intellectual property as being able to ground the full extent of the current intellectual property regime. (shrink)

This article aims to explore two different but interrelated problems. The first objective, the more abstract one, is to discuss the plausibility of fusionism as a theoretical project of bridging the philosophical gap between libertarianism and free-market conservatism. Our thesis is that while fusionism could succeed, as a strategic alliance, in promoting specific policies, the differences between libertarianism and conservatism are irreconcilable at the level of fundamental intellectual assumptions. More precisely, starting from Hayek’s objections to conservatism, we argue that the (...) crucial divide is that between two conceptions about the prerequisites for social order. The second objective is to show how the differences between the policy prescriptions endorsed by conservatives and libertarians within the Tea Party (mainly with regard to religion-related issues) are illustrative for the theoretical point defended in the first sections. (shrink)

„Strategia noastră a fost de a gândi un text util pentru profesori, dar de a-l scrie mai ales pentru studenți. Etica este interesantă cu precădere atunci când pune în joc intuiții morale sau valori diferite și când ne confruntăm cu dileme în care decizia nu este evidentă, iar dezacordul este rezonabil. Prin urmare, am încercat să ne ferim pe cât a fost posibil de verdicte și de simpla enumerare a unor interdicții. Veți observa că, de cele mai multe ori, exercițiile (...) și temele de discuție nu au soluții impuse. Nu pentru că autorii manualului nu ar adera la anumite soluții (poate nu la aceleași!), ci pentru că ni s-a părut mult mai importantă conturarea problemelor. Dilemele și întrebările deschise generează dezbateri și prilejuiesc reflecție. Sentințele, pe de altă parte, tind să ucidă discuția și să prilejuiască mai curând reacții de îmbrățișare sau de respingere vehementă. Dacă vom ajunge, în comunitățile noastre profesionale și în societate, să vorbim mai mult unii cu alții și mai puțin unii la alții, vom fi făcut probabil un pas major în direcția corectă pentru dezvoltarea unei atitudini morale.” (Autorii). (shrink)

The purpose of the present study is that of examining what I call Robert Nozick’s “evolutionist turn” in ethics. More specifically, my aim is to provide an answer to the following question: what type of ethical theory does Robert Nozick sketch in his last book, Invariances? My first objective will be that of delineating the philosophical framework which will accommodate my future discussion, highlighting the distinction between the metaphysical and scientific approaches to ethics as proposed by Ken Binmore, but also (...) Emanuel Socaciu's taxonomy of ethical theories, which stems from the particular way in which moral philosophers tackle the nature of ethical norms and moral motivation. I then set forth to show that, in the philosophical framework previously described, Robert Nozick's approach from Anarchy, State, and Utopia should be seen as a metaphysical one. The last and most important part of my study aims to show how Nozick's “evolutionist turn” took place and developed, from his perspective on rationality in The Nature of Rationality, to his ethical theory advanced in Invariances. (shrink)

Death in the Clinic fills a gap in contemporary medical education by explicitly addressing the concrete clinical realities about death with which practitioners, patients, and their families continue to wrestle. Visit our website for sample chapters!

Objective Some researchers claim that the quality of informed consent of clinical research participants in developing countries is worse than in developed countries. To evaluate this assumption, we reviewed the available data on the quality of consent in both settings. Methods We conducted a comprehensive PubMed search, examined bibliographies and literature reviews, and consulted with international experts on informed consent in order to identify studies published from 1966 to 2010 that used quantitative methods, surveyed participants or parents of paediatric participants (...) in actual trials, assessed comprehension and/or voluntariness, and did not involve testing particular consent interventions. Forty-seven studies met these criteria. We compared data about participant comprehension and voluntariness. The paucity of data and variation in study methodology limit comparison and preclude statistical aggregation of the data. Results and Discussion This review shows that the assertion that informed consent is worse in developing countries than in developed countries is a simplification of a complex picture. Despite the limitations of comparison, the data suggest that: (1) comprehension of study information varies among participants in both developed and developing countries, and comprehension of randomisation and placebo controlled designs is poorer than comprehension of other aspects of trials in both settings; and (2) participants in developing countries appear to be less likely than those in developed countries to say they can refuse participation in or withdraw from a trial, and are more likely to worry about the consequences of refusal or withdrawal. (shrink)

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

The objective of this study—a substudy to a phase I bioequivalence study—was to compare the effect of standard and concise consent forms on research volunteers’ comprehension of and satisfaction with consent forms, as well as to assess the effect of select volunteer characteristics, such as financial motivations to participate in research, on their comprehension. A 36-item questionnaire measured volunteers’ comprehension, satisfaction, and motivations for participation. Volunteers were randomized to the standard Pfizer consent form or a concise, easier-to-read form. We approached (...) 139 volunteers to participate, and 138 completed the questionnaire . The cohorts did not differ in sociodemographic characteristics. We found that the average comprehension scores for the standard consent form cohort and the concise consent cohort were about the same, and that satisfaction with the consent form was high in both cohorts. Surprisingly, volunteers with a financial motivation had significantly greater comprehension of the study. (shrink)

Health care costs have been rising steadily in most industrialized countries. These increases are driven primarily by technological advances and, to a lesser degree, by aging of the population. Many factors make it unlikely that market forces alone will limit increases in the costs of health care. These unremitting increases make health care rationing appear both necessary and inevitable.One of the least controversial mechanisms for rationing could be to allow patients to make their own choices as to which kinds of (...) care they would be willing to forgo. This is appealing because it preserves individual freedom of choice regarding health care in a way that other rationing mechanisms often do not. Rationing by patient choice, however, can only happen if patients recognize that resources are limited and need to be conserved, and are willing to forgo marginal benefits. (shrink)

Initial responses to questionnaires used to assess participants' understanding of informed consent for malaria vaccine trials conducted in the United States and Mali were tallied. Total scores were analyzed by age, sex, literacy (if known), and location. Ninety-two percent (92%) of answers by United States participants and 85% of answers by Malian participants were correct. Questions more likely to be answered incorrectly in Mali related to risk, and to the type of vaccine. For adult participants, independent predictors of higher scores (...) were younger age and female sex in the United States, and male sex in Mali. Scores in the United States were higher than in Mali (P = 0.005). Despite this difference participants at both sites were well informed overall. Although interpretation must be qualified because questionnaires were not intended as research tools and were not standardized among sites, these results do not support concerns about systematic low understanding among research participants in developing versus developed countries. (shrink)

Book reviewed in this article: Just Doctoring: Medical Ethics in the Liberal State. By Troyen A. Brennan. The Ends of Human Life: Medical Ethics in a Liberal Polity. By Ezekiel J. Emanuel.

In this short response to Kerstein and Bognar, we clarify three aspects of the complete lives system, which we propose as a system of allocating scarce medical interventions. We argue that the complete lives system provides meaningful guidance even though it does not provide an algorithm. We also defend the investment modification to the complete lives system, which prioritizes adolescents and older children over younger children; argue that sickest-first allocation remains flawed when scarcity is absolute and ongoing; and argue that (...) Kerstein and Bognar are mistaken to base their allocation principles on differences in personhood. (shrink)

We study how changes in unemployment risk affect firms’ productivity and whether firm-initiated policies can mitigate the moral hazard problem created by increases in unemployment insurance benefits that might decrease workers’ incentives to work hard. We focus on state-specific changes in UIB levels as a quasi-natural experiment. While a large body of research has examined UIBs, including their effect on unemployed workers, few studies investigate whether UIBs have any impact on a firm’s overall productivity. Using data on firm-level total factor (...) productivity and state-level UIBs, we find a negative association between productivity and UIBs. We also find that the negative association is weaker for firms with higher employee-welfare indices than for firms with lower indices, suggesting that the adverse effect of higher UIBs on productivity is mitigated by policies that benefit workers’ welfare. More specifically, we find that among policies that are under the umbrella of corporate social responsibility, a subset of employee-welfare policies are more effective in managing moral hazard problems than other policies. (shrink)

A predominância dos temas literários e fenomenológicos nos textos sartrianos dos anos 1930 já chamou atenção de vários especialistas e comentadores da obra do autor. É notável, entretanto, como os exames dos textos dessa época contentam-se, no mais das vezes, em apontar o paralelismo ou a contemporaneidade entre fenomenologia e literatura ali presente, sem realçar a fundamentação que uma parece conferir à outra e que constitui uma das questões mais interessantes que a filosofia sartriana levanta. Há que se incluir, na (...) verdade, a estética literária de Sartre na compreensão de suas teses fenomenológicas; teses estas que, por outro lado, fornecem o solo filosófico da literatura sartriana, em termos tanto de autoria quanto de crítica. O propósito deste artigo é demonstrar, assim, uma dependência ou, se quisermos, implicação mútua entre literatura e fenomenologia não apenas central em relação àquele período da produção de Sartre como, também, determinante para seus projetos teóricos e ficcionais ulteriores. (shrink)

In our study, we examine the association between hedge fund activism and a target firm’s corporate social responsibility (CSR) activities and whether activists can promote socially responsible investments while upholding shareholders’ interests. Using different matched samples, we find a strong positive association between the target firm’s CSR in the year before it is targeted by activists and its probability of being targeted by a hedge fund. Classifying hedge fund activists into socially and non-socially responsible funds based on their objectives, we (...) find that both give similar level of consideration to a firm’s CSR activities when initiating campaigns. Similar to DesJardine and Durand (DesJardine and Durand, Strategic Management Journal 41:1054–1082, 2020), we demonstrate that hedge funds have, on average, a negative impact on target firms’ CSR in the years following the initial investments. Complementary to DesJardine and Durand (DesJardine and Durand, Strategic Management Journal 41:1054–1082, 2020), we compare the two types of hedge funds and find an asymmetric effect of the hedge funds’ campaigns. Socially responsible hedge fund campaigns are associated with a large _increase_ in their target’s CSR, whereas non-socially responsible hedge funds _decrease_ this measure in their target. Finally, we find that target firms exhibit a long-term improvement in future stock returns and profitability. These findings provide evidence that certain types of activists, such as socially responsible funds, promote both _stakeholder_ and _shareholders’_ long-term interests. (shrink)

A RESPONSABILIDADE CIVIL PELO ABUSO DO DIREITO À LIBERDADE DE EXPRESSÃO EM CONFLITO COM OS DIREITOS DA PERSONALIDADE: UMA ANÁLISE DO CASO DAS BIOGRAFIAS NÃO AUTORIZADAS.

Traditionally, biomedical research has been devoted to improvement in the understanding and treatment or prevention of disease. Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer (Turner et al. 2003; Vastag 2004; Rose 2002). As with other biomedical interventions, research to assess the safety and efficacy of these enhancements in humans should be conducted (...) before their introduction into clinical practice.1 However, various concerns regarding the ethics of enhancement research could be raised. Those who .. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Las organizaciones sin fines de lucro han sufrido grandes cambios. Dejó de ser un sector empobrecido, donde se recibían como donaciones aquel dinero que les sobraba a los grandes empresarios, y donde sólo tenían cabida las personas voluntarias. Hoy en día es un sector marcado por el trabajo de personas profesionales y por ser organizaciones capaces de llenar los espacios que ha dejado el Estado sin atender. Además de ser organizaciones inteligentes, con estructuras flexibles, que les permiten responder de manera (...) ágil a los requerimientos de su entorno. Sin embargo para que el sector sin fines de lucro pueda evolucionar de manera exitosa, no sólo necesitan de la labor de sus miembros, también necesitan del compromiso del estado, las universidades y las entidades privadas. Un compromiso que se haga visible a través de alianzas de colaboración entre sí, y así de esta manera trabajar conjuntamente en el desarrollo humano y la inclusión social en Chile. (shrink)

Controversy persists over the ethics of compensating research participants and providing posttrial benefits to communities in developing countries. Little is known about residents' views on these subjects. In this study, interviews about compensation and posttrial benefits from a hypothetical HIV vaccine trial were conducted in Uganda’s Rakai District. Most respondents said researchers owed the community posttrial benefits and research compensation, but opinions differed as to what these should be. Debates about posttrial benefits and compensation rarely include residents' views like these, (...) but future ones should. (shrink)

Jean-Luc MARION, De surcroît. Études sur les phénomènes saturés ; Magda KING, A Guide to Heidegger’s Being and Time ; Andreas MICHEL, Die französische Heidegger-Rezeption und ihre sprachlichen Konsequenzen ; Alfred DENKER, Historical Dictionary of Heidegger’s Philosophy ; John B. BROUGH & Lester EMBREE, The Many Faces of Time ; Daniel O. DAHLSTROM, Heidegger’s Concept of Truth ; Cristina LAFONT, Heidegger, Language, And World-Disclosure ; Eliane ESCOUBAS & Bernhard WALDENFELS, Phénoménologie française et phénoménologie allemande ; Eckard WOLZ-GOTTWALD, Transformation der Phänomenologie. (...) Zur Mystik bei Husserl und Heidegger ; Martin HEIDEGGER, Ontology – The Hermeneutics of Facticity ; Arkadiusz CHRUDZIMSKI, Die Erkenntnistheorie von Roman Ingarden ; Jocelyn BENOIST, L’apriori conceptuel. Bolzano, Husserl, Schlick ; Dennis King KEENAN, Death and Responsibility. The “Work” of Levinas ; Dan ZAHAVI, Self-awareness, Temporality, and Alterity. Central Topics in Phenomenology ; Sonya SIKKA, Forms of Transcendence. Heidegger and Medieval Mystical Theology ; Alfred DENKER, Omdat filosoferen leven is. Een archeologie van Martin Heideggers Sein und Zeit; Seán HAND, The Levinas Reader ; ; Ion MINCÃ, Informatica şi teoria cunoaşterii. O paradigmã fenomenologicã a domeniului hardware ; John van BUREN, The Young Heidegger. Rumor of the Hidden King. (shrink)

Two recent articles [Gronchi et al., Citation2018. Automatic and controlled attentional orienting in the elderly: A dual-process view of the positivity effect. Acta Psychologica, 185, 229–234; Wirth & Wentura, Citation2020. It occurs after all: Attentional bias towards happy faces in the dot-probe task. Attention, Perception, & Psychophysics, 82(5), 2463–2481] report attentional biases for happy facial expressions in the dot-probe paradigm, albeit in different directions. While Wirth and Wentura report a bias towards happy expressions, Gronchi et al. found a reversed effect. (...) A striking difference between the studies was the task performed by the participants. While in Wirth and Wentura, participants performed a discrimination task, they performed a location task in Gronchi et al. In Experiment 1, we directly compared the two versions of the dot-probe paradigm. With the discrimination task, the bias towards happy faces was replicated. However, the location task yielded a null effect. In Experiment 2, we found a cueing effect with an abrupt onset cue in both tasks. However, for the location task a congruence-sequence effect (a typical characteristic of response-priming processes) occurred. This result suggests that in the location task, attentional processes are confounded with response-priming processes. We recommend to generally use discrimination tasks. (shrink)

The life we considered normal was disrupted due to measures taken to limit the spread of the novel coronavirus. Quarantine, isolation, social distancing, and community containment have influenced consumer behavior and contributed to the rapid development of e-commerce. In pandemic times, even those unfamiliar with the online environment have had to adapt and make acquisitions in this new manner. Hence, we focused our research on measuring the perception of consumers on how the restrictive measures imposed to limit the spread of (...) the COVID-19 virus had influenced their decision to buy a product or service from the online environment, given that purchases are highly subjective and influenced by cumulative effects of economic, social, psychological and behavioral factors. Our paper comes with additional insights from the literature. It adds empirical evidence that reveals that the number of transactions and the value per transaction increased during the COVID-19 pandemic and highlights that online purchases will continue as such even after the pandemic. (shrink)

Frequent public uproar over forms of data science that rely on information about people demonstrates the challenges of defining and demonstrating trustworthy digital data research practices. This paper reviews problems of trustworthiness in what we term pervasive data research: scholarship that relies on the rich information generated about people through digital interaction. We highlight the entwined problems of participant unawareness of such research and the relationship of pervasive data research to corporate datafication and surveillance. We suggest a way forward by (...) drawing from the history of a different methodological approach in which researchers have struggled with trustworthy practice: ethnography. To grapple with the colonial legacy of their methods, ethnographers have developed analytic lenses and researcher practices that foreground relations of awareness and power. These lenses are inspiring but also challenging for pervasive data research, given the flattening of contexts inherent in digital data collection. We propose ways that pervasive data researchers can incorporate reflection on awareness and power within their research to support the development of trustworthy data science. (shrink)

El artículo aporta elementos fenomenológicos para reforzar algunas afirmaciones del enfoque simple en el contexto del debate sobre la identidad personal. Para esto se describe, en primer lugar, la propuesta de Geoffrey Madell y se introduce la noción fenomenológica del cuerpo propio (Leib). En segundo lugar, se muestra cómo la reducción vital propuesta por Francisco Leocata evita una posible interpretación inmanentista de la fenomenología, y favorece el desarrollo de una noción encarnada del yo y la posibilidad de entender el mundo (...) como traspasado por la subjetividad. Este desarrollo será el fundamento para mostrar, en tercer lugar, cómo la fenomenología de los vínculos personales y de la narración también pueden aportar a la cuestión de la identidad personal. (shrink)

Initial vaccine allocations for the coronavirus disease 2019 (COVID-19) will be limited. It is crucial to assess the ethical values associated with different methods of allocation, as well as important scientific and practical questions. This Viewpoint identifies three ethical values, benefiting people and limiting harm; prioritizing disadvantaged populations; and equal concern for all. It then explains why these values support prioritizing three groups: health care workers; other essential workers and people in high-transmission settings; and people with medical vulnerabilities associated with (...) poorer COVID-19 outcomes. In contrast, two other groups, people over 65 without medical vulnerabilities and participants in clinical research, present more complex ethical questions. This prioritization also encompasses valuing direct benefits to vaccinated individuals, indirect benefits to individuals protected from spread of infection, and indirect health and socioeconomic benefits to those protected from harm as health system and societal functioning improve. Vaccine allocation that recognizes important ethical values and avoids arbitrariness, waste, and corruption can ensure that the distribution of a COVID-19 vaccine is both fair and perceived as fair. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

The aim of this paper is to argue that lying differs from mere misleading in a way that can be morally relevant: liars commit themselves to something they believe to be false, while misleaders avoid such commitment, and this difference can make a moral difference. Even holding all else fixed, a lie can therefore be morally worse than a corresponding misleading utterance. But, we argue, there are also cases in which the difference in commitment makes lying morally better than misleading, (...) as well as cases in which the difference is not morally relevant. This view conflicts with the two main positions philosophers have defended in the ethics of lying and misleading, which entail either that lying is in virtue of its nature worse than misleading or that there is no morally relevant difference between lying and misleading. (shrink)

Foundation models such as GPT-4 are fine-tuned to avoid unsafe or otherwise problematic behavior, such as helping to commit crimes or producing racist text. One approach to fine-tuning, called reinforcement learning from human feedback, learns from humans' expressed preferences over multiple outputs. Another approach is constitutional AI, in which the input from humans is a list of high-level principles. But how do we deal with potentially diverging input from humans? How can we aggregate the input into consistent data about "collective" (...) preferences or otherwise use it to make collective choices about model behavior? In this paper, we argue that the field of social choice is well positioned to address these questions, and we discuss ways forward for this agenda, drawing on discussions in a recent workshop on Social Choice for AI Ethics and Safety held in Berkeley, CA, USA in December 2023. (shrink)

ABSTRACTFrom his Problem of Genesis in Husserl’s Philosophy to the address given on the fiftieth anniversary of Le monde diplomatique just before he died in 2004, Derrida made constant ref...