Bernhard and Young (Journal of Academic Ethics, 7, 175-191, 2009) allege that a myth of confidentiality plagues research in North America because of the absence of statute-based legal protections and the requirements of some REBs to limit confidentiality to the extent permitted by law. In this commentary we describe statute-based protections for research confidentiality available in the United States, clarify the legal situation regarding research confidentiality in Canada, and explain that REBs that require confidentiality (...) to be limited by law are imposing a doctrine that is not required by the TCPS and may violate researchers’ academic freedom. The paper laments how excessive REB risk aversion and inaction by the granting agency Presidents has created a situation where some REBs are encouraging researchers to download research risks to research participants and forcing researchers to choose between exposing themselves to the prospect of going to jail to protect confidentiality, watering down their research objectives, or conducting vanilla research rather than engaging in controversial and/or sensitive areas of study. The paper urges the granting agency Presidents to seek legislative change to protect research participants who provide information that could cause them harm if their identity were to be revealed. (shrink)

The present study aims to assess the restriction of private ownership on the cultural-historical property based on the public interest and evaluate how this restriction is explained and what restrictions the cultural heritage rules and regulations impose on the private ownership. The present descriptive and analytical study seeks to examine the above-mentioned questions using the library method. Based on the results, statute law has defined a large number of restrictions for the owner including the owner restriction in (...) the obligation to declare, implement protection plans, as well as sale and transfer of the cultural-historical property. Theories such as public interest are considered as the basis for the restriction of ownership on historical-cultural property. (shrink)

This paper is a survey of the law in the United States which is applicable to consulting scientists and engineers. Based on the body of law which has developed for the construction industry and professional “advice-givers” such as attorneys, medical doctors and accountants, the paper reviews professional responsibilities in the areas of Common Law Torts. Common Law Contracts, certain U.S. Federal and State Statutes and the protection of sensitive information.

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the (...) speech policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the proliferation of hate speech. This Article develops a democratic theory of free speech, according to which one of the most important reasons for protecting robust free speech rights is that free speech can contribute not only to democratic elections but to a democratic culture more generally. To achieve robust cultural democracy, a community’s speech environment must enable people not only to rationally persuade one another about matters of public importance and convey mutual respect to one another as political equals but also allow people to influence each other in a less articulate and rational manner—to “democratically vibe” with one another. This theory yields a qualified normative defense of government regulation of the speech policies of large social media platforms that can help to realize cultural democracy, suggesting that First Amendment doctrine should focus to a greater extent on protecting the speech rights of platform users, rather than platform owners. Although far from a ringing endorsement of H.B. 20 or S.B. 7072, this Article suggests that First Amendment law should be friendlier to state regulation of platform speech than many critics have thought. (shrink)

Business codes are an oft-cited management instrument. But how common are codes among multinationals? And what is their content? In an unprecedented study, the codes of the largest corporations in the world have been collected and thoroughly analyzed. This paper presents the results of that study. Of the two hundred largest companies in the world, 52.5% have a code. More than half of these codes describe company responsibilities regarding quality of products and services (67%), adherence to local laws and regulations (...) (57%) and the protection of the natural environment (56%). Many codes make reference to principles governing stakeholder relations (e.g. transparency (55%), honesty (50%) and fairness (45%)), corporate core values (e.g. teamwork (43%)), appropriate conduct among employees (e.g. discrimination (44%) and intimidation (43%)) and treatment of company property by employees (e.g. conflict of interests (52%), corruption (46%) and fraud (45%)). Monitoring compliance with the code is addressed in 52% of the codes. Based on this content study, three types of codes are distinguished: the stakeholder statute (72%), the values statement (49%) and the code of conduct (46%). The results of this inquiry present a benchmark for the evaluation and development of both individual and international business codes. (shrink)

La pensée morale ordinaire semble incorporer une adhésion à des contraintes ou des restrictions déontologiques : des interdictions qui restent en vigueur même dans des cas où les actions interdites constituent le seul moyen de prévenir des conséquences encore pires. La source de ces normes déontologiques, cependant, n'est pas évidente. Plusieurs tentatives récentes pour trouver une base aux restrictions déontologiques ou pour expliquer ce qui les génère sont examinées. La plus prometteuse insiste sur la valeur intrinsèque du statut moral protégé (...) que la morale déontologique attribue à chacun de nous. On discutera brièvement les points forts d'une telle approche et les difficultés auxquelles elle fait face.Ordinary moral thought seems to reflect a commitment to deontological constraints or restrictions on conduct: to prohibitions which remain in force even if such actions are the only way to avert still worse consequences. The source of these deontological norms, however, is not clear. Several recent attempts to offer a basis for deontological restrictions or to explain what gives rise to them are examined. The most promising such attempt emphasizes the intrinsic value of the protected moral status which deontological morality ascribes to each of us. The strong points of such an approach and the difficulties facing it are briefly discussed. (shrink)

In 2010, Connecticut implemented an offence prohibiting minors from engaging in sexting. This legislation was part of a range of reforms across the United States aiming to better tailor the criminal law’s response to youth sexting by distinguishing sexting from child abuse material. Drawing from submissions to the Connecticut General Assembly’s Sexting Bill, media reports and recent ‘sexting’ cases, this article adopts a feminist perspective and examines the justifications for and implications of this sexting statute. It argues that while (...) aiming to create a distinction between child abuse material and sexting through a ‘lesser’ offence, these paternalistic reforms are informed by some of the same logics shaping child pornography/child abuse material law. Therefore, this statute is situated on a continuum of paternalistic legislation which utilises the constitutive expressive function of the criminal law to register anxieties about young people’s sexual and technological practices. As a result, this statute conflates victims and perpetrators of image based sexual abuses and fails to meet its deterrent and protective aims. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

The recently published BMA Guidelines on Withholding and Withdrawing Medical Treatment encourage a balance between deriving maximal benefit from medical treatment, and achieving as natural a death as possible in the circumstances. I argue that the concepts of burdensomeness, natural death and medicalised death are of greater fundamental importance than that of intention, and do not help constitute a moral distinction between withdrawal of treatment and active assistance to die. Nor should they continue to ground the corresponding legal distinction. In (...) the situations of both treatment withdrawal and active assistance to die, disease causation, human agency and moral responsibility are related in the same way. In both situations, we can intend that a person die for the right reasons, based on a concern for natural death.However, the law is reluctant to impose positive obligations on people, in contrast to the protection of negative rights. For example, the Northern Territory’s Rights of the Terminally Ill Act (1996) provided for assisted death as a lawful exception to an otherwise unlawful act, rather than as an enforceable right like the right to refuse unwanted medical treatment. Nevertheless, that the enforceability of a positive right to assisted death is difficult to conceive, is itself the product of a particular historical/moral/religious frame of reference currently under deconstruction. Genuine natural death statutes would consolidate the important principles supported here, and could apply uniform safeguards to all death-hastening decisions. (shrink)

Gender-based violence (GBV) is a serious social and legal problem that affects allsocieties, including North Macedonia. This type of violence is deeply rooted in unequalpower relations between the sexes and social norms that reinforce those inequalities.Gender-based violence includes physical, sexual, psychological and economic violencedirected at a person because of their sex or gender. It not only causes direct harm to thevictims, but also affects their well-being, personal development and participation insociety.North Macedonia, as a country that strives for European (...) integration and adoptionof European values, takes significant steps to deal with this problem through legislation,strategies and programs for prevention and protection of victims. However,numerous challenges remain that hinder these efforts, such as insufficient public awareness,cultural barriers, inadequate implementation of laws, insufficient support for victims,as well as inequality in victims’ access to justice.This paper aims to analyze the current situation regarding gender-based violencein North Macedonia, to identify the main challenges the country is facing and topropose specific strategies and measures to overcome them. Through the analysis of existingdata, the legislative framework and a case study, we will try to provide a completeoverview of the problem and offer recommendations to improve the situation. (shrink)

Why Human Rights? addresses universal human rights as moral mandates – rights to justice that all m persons have by virtue of their humanity alone. These are not the legal rights of statutes and treaties, but moral rights of the kind Gandhi, King, and Mandela invoked to oppose unjust laws. All such rights presuppose three claims: (1) that some duties of justice apply universally, (2) that all human beings have equal moral status, and (3) that states must protect or serve (...) certain individual interests regardless of the societal impact of doing so. -/- Can these three premises be justified? Is the human equality claim, for example, rationally supportable, or is it no less faith-based than hierarchical doctrines like caste? This book explores the case for these foundational claims along with other philosophical controversies pertaining to human rights. Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and their leading theorists, including Mill, Kant, Rawls, Sandel, Nozick, Rorty, and many others. Written in concise, jargon-free language, this book presents a high-relief map of the philosophical issues surrounding human rights. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House (...) counsel providing rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

The Indiana Court of Appeals, in JKB, Sr. v. Armour Pharmaceutical Co. ), held that the state's Blood Shield Act does not protect pharmaceutical companies that produce blood-derived products from product liability suits based on injuries attributable to tainted blood supplies. Blood shield statutes help to guarantee adequate blood supplies by limiting the liability of blood banks. This holding limits the defenses available to pharmaceutical companies sued under product liability theory.The defendant, Armour Pharmaceutical, produces and sells clotting factor agents, (...) which are derived through plasmapheresis. Plasmapheresis is a costly and complex donation process through which the plasma and red blood cells of a donor's blood are separated. After separation, the process returns the red blood cells to the donor but retains the plasma. (shrink)

Objectives: To develop and pilot a questionnaire based assessment of the importance patients place on medical confidentiality, whether they support disclosure of confidential information to protect third parties, and whether they consider that this would impair full disclosure in medical consultations.Design: Questionnaire administered to 30 consecutive patients attending a GP surgery.Results: Overall patients valued confidentiality, felt that other patients might be deterred from seeking treatment if it were not guaranteed, but did not think that they would withhold information for (...) this reason themselves.Conclusions: When presented with brief details of five clinical situations in which a breach of confidentiality might be considered, a clear majority of subjects believed that doctors should disclose information in two of the situations, but subjects were not confident that doctors would do so. In three situations, about half felt that disclosure was justified—these included the only scenario in which disclosure was clearly mandated by statute. There was little change in patients’ general attitude to confidentiality after considering the scenarios. However, the views expressed were often inconsistent with responses to the clinical scenarios, suggesting that complex opinions were not accurately reflected in the responses. The format of the questionnaire has been amended, and the study will be repeated with other groups of patients. (shrink)

Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of (...) law are just as blameworthy as attempts based upon mistakes of fact. I propose an alternative rule that, I believe, not only explains where and why people possess widely-shared intuitions regarding impossibility attempts (including regarding Mr. Law and Mr. Fact), but also explains where and why people have conflicting intuitions. I argue that widely-shared intuitions of blameworthiness and non-blameworthiness regarding impossibility attempts are a function, respectively, of whether informed citizens of the jurisdiction that enacted the statutory offense that the defendant allegedly attempted to commit widely believe or disbelieve that he would have been a threat to interests that the statute seeks to protect - a determination, in turn, that is a function of whether they widely believe or disbelieve that he would have committed the offense under counterfactual circumstances that they fear could have obtained. (shrink)

Matthew Taylor | : Contrary to critics and advocates of contractarianism alike, I argue that mutual advantage contractarianism entails rights and protections for animals. In section one I outline the criteria that must be met in order for an individual to qualify for moral rights on the contractarian view. I then introduce an alternative form of ‘rights,’ which I call ‘protectorate status,’ from which an individual can receive protections indirectly. In section two I suggest guidelines for assigning animal (...) rights based on two ways of categorizing animals. On the basis of the categorization according to benefit derived, I argue that animals used for companionship, security, hunting assistance, transportation, entertainment, medical service, nourishment, or clothing will tend to qualify for basic rights against starvation, predation, and disease. On the basis of the categorization according to species, I argue that, on top of the basic rights above, dogs tend to qualify for rights against abuse, and against frivolous medical experimentation, as well as further negotiated rights. Cows have the basic rights against starvation, predation, and disease, but squirrels and bears have no rights. In section three I argue that some animals qualify for protectorate status, which would establish various protections for different animals, but would also generally prohibit cruelty towards animals. | : Contrairement à certains critiques ou défenseurs du contractualisme, j’affirme que le contractualisme à avantages réciproques peut assurer droits et protections aux animaux. Dans la première section, je décris les critères que, d’un point de vue contractualiste, un individu doit satisfaire pour pouvoir bénéficier de droits moraux. J’introduis ensuite une autre forme de « droits », que j’appelle « protectorat », qui permet à un individu de bénéficier indirectement de certaines protections. Dans la deuxième section, je propose des directives pour accorder des droits aux animaux en fonction d’un double mode de catégorisation. La première catégorisation serait établie d’après les avantages procurés par l’animal; ainsi les animaux de compagnie, de garde, de chasse, de transport, de divertissement, ou assurant des services de santé, d’alimentation ou d’habillement devraient se voir accorder des droits fondamentaux contre la famine, la prédation et la maladie. Selon la seconde catégorisation, établie d’après l’espèce, les chiens devraient bénéficier de droits les protégeant des mauvais traitements et des expérimentations médicales inutiles, ainsi que d’autres droits négociés. Les vaches jouissent ainsi des droits fondamentaux qui les protègent de la famine, de la prédation et de la maladie, mais les écureuils et les ours n’ont pas de droits. Dans la troisième section, j’explique que certains animaux devraient bénéficier d’un statut de protectorat, qui accorderait des protections diverses à différents animaux, mais qui défendrait de façon générale toute cruauté envers les animaux. (shrink)

Découverte près d'Alivéri en Eubée, cette importante inscription du milieu du IVe siècle av. J.-C. est demeurée longtemps inédite. Il s'agit d'une grande stèle amputée en haut et à gauche, où se lisent encore 35 lignes gravées stoichédon (à raison de 51 lettres par ligne après restitution). Sur la base du lieu de trouvaille, de la langue et du contenu, on peut rapporter à la même stèle le fragment IG XII 9, 190, en dépit du fait que ce petit morceau (...) — perdu depuis longtemps — n'a pas été présenté comme un texte stoichédon par son unique copiste. Ce rapprochement permet de restituer le frag ment en question (A) plus sûrement qu'on n'avait pu le faire jusqu'ici : c'est le début de la loi, avec l'énoncé des récompenses prévues pour le tyrannoctone, modulées en fonction de son statut politique et social. Le texte du nouveau morceau (B) se compose lui-même de deux sections distinguées par une asyndète significative. La première section (1. 1-17) comporte une série de clauses ayant pour objet la protection de la constitution démocratique contre toute tentative de mise en place d'un régime tyrannique, notamment par le biais d'une motion subversive : le contrevenant se verra non seulement privé de ses droits civiques (discussion sur la notion d'atimia à cette date) et de ses biens (confiscation par l'État — avec une dîme pour Artémis Amarysia, dont la prééminence dans le panthéon érétrien est ainsi confirmée), mais proscrit à perpétuité (interdiction d'inhumer ses restes dans l'Érétriade ou Érétrias gê; impunité et même récompense accordées à son meurtrier). Cette première section s'achève par une imprécation solennelle visant à décourager toute atteinte contre les dispositions de la loi elle-même (rôle intéressant des prêtres et des prêtresses — avec le mot rare, sinon même nouveau, hiéris pour hiéreia — lors des Dionysia et des Artémisia) ; entre les termes de cette imprécation et le libellé des grands serments « internationaux » (attestés à partir du IVe siècle précisément) il y a plus d'un point commun à relever. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Marja Heimonen, “Justifying the Right to Music Education”Hermann J. KaiserFirst of all I would like to thank Marja Heimonen for her paper on a central problem not only for music education as practice but also for the theory of music education. She gives a very clear and convincing answer to a permanently irritating question: How do we justify music education within an ensemble of competing subjects (...) struggling to get a place within the school curriculum. And she does it in a rather uncommon way, that is, by means of legal philosophy. I think her arguments provoke several questions worthy of serious discussion. Some of these questions I shall try to indicate.The first question relates to the right to (music) education. Referring to the Nordic countries she states, "Their legal systems are based on enacted acts and statutes not only protecting the citizens against criminal acts but also securing their rights to receive a certain amount and standard of services the state is obliged to provide" and she continues: "Education is one of the basic rights in Nordic societies." I am interested very much in the wording by which these constitutions declare the right to education respectively to music education. The German constitution, for example, says only, but very bluntly that the entire schooling system stands under control of the state. That means, in connection with compulsory schooling, education at school means no right but a compulsion. (I shall come back to this point later.)The second question relates to the issue of internal versus external goods or instrumental versus self-justifying aims. In her attempt to justify music education Heimonen makes a distinction between internal and external goods, instrumental and self-justifying aims. I wonder if this distinction—though it is very common in theories of action and of value—really refers to different facts; perhaps [End Page 213] it is only a difference in perspectives. I will transform this problem into a question thus: Are aims and values emphasizing a person's well-being really not instrumental with regard to this person? The well-being aims look to me to be necessarily connected to self-justifying aims. Aims, values, activities, facts, situations, and so on, generating well-being, are always instrumental with regard to a person's well-being. What else should they be?On the other hand, are so-called external goods and instrumental aims not self-justifying aims as well, again from the point of view of the person concerned? Are not aims which favor the training of a future professional (so called instrumental aims) self-justifying with regard to this person since they contribute very much to his or her well-being? Thus music educators should not hesitate to demonstrate the real individual, social, economical, and so on, benefit of music education to the society concerned very energetically.The third question arises around the implicit theories of the teacher, the school, and the function of music education as set forth by Heimonen in her paper. Heimonen compares the structure of the (music) teacher's situation with that of a judge. She says:The judge has to operate between the tensions of different interests in the framework of the law consisting of written regulations and the tradition of previous cases that have been solved.... The judge works within a "legal puzzle" just as the music teacher operates in a "musical puzzle": both of them have to think holistically as they try to achieve the best possible solutions in a particular situation, and both of them have to act innovatively and creatively in their practice.Here the question arises as to whether the "musical puzzle" is really the corresponding moment to the "legal puzzle" or whether it is the "music-pedagogical puzzle." I think it is the latter. But the teacher does not have—like the judge "his" legal system—a framework of written regulations and he never is in the situation just to apply rules on different cases. That is to say, one cannot reduce educational activities to making decisions on the basis of right or wrong, good or bad. But even if one would acknowledge an identical structure of the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind of music education in (...) terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

This article examines United States v. Stevens, a case recently decided by the Supreme Court, and its relation to animal law and freedom of speech issues, specifically the contention between the two, caused by the statute in question at the heart of the case. While animal rights advocates wish to frame the case through an anti-animal cruelty perspective, those seeking to protect freedom of speech have made the statute an issue of First Amendment rights. Is 18 USC § (...) 48 an imposition on free speech or a step in the right direction towards protection of animals and promotion of their rights? It is argued here that the Supreme Court should have recognized the Stevens case as an important development in animal rights and held that the statute is narrowly tailored, based on a compelling government interest, and that the protection of animals from harm overshadows any possible speech or expression that is found in crush videos, dog fighting videos, and the like. (shrink)

Background There are legal protections for nurse researchers at public universities who employ community-based participatory research (CBPR) in research about social or health inequities. Dissemination of CBPR research data by researchers or participants may divulge unjust laws and create an imperative for university involvement. Research Question What are United States-based legal dissemination protections for CBPR health equity nurse researchers? Research Design Three case examples employing CBPR are examined: 1) a mixed methods study with participants reporting illegal (...) discrimination in a municipal initiative about capacity building in community-based organizations serving children; 2) a visual methods study exposing potential clean air law violations in environmental justice research; and 3) a study examining workload violations and illegal discrimination among hotel workers. Participants and Research Context The cases involved participants from protected social class backgrounds. The research is described with respect to: background, funding, research purpose, and research team; research participants’ power and legal vulnerability; dissemination of relevant research information balancing vulnerability and power; research dissemination issues; potential legal issues involved; and laws researchers may use. Ethical Considerations IRB approval was obtained for the studies. Using a social justice ethical framework, studies highlight actual or potential legal aspects of data dissemination in the context of gathering data about injustice. Findings Legal protections for research data dissemination, whistleblower protection, research advancement protection, anti-harassment protection, false claims, defamation, and visual data liabilities are described. Conclusion Knowledge of legal research data dissemination protections is an essential competency for nurse researchers invested in uplifting social justice. (shrink)

Different arguments in favor of the moral relevance of the concept of biodiversity (e.g., in terms of its intrinsic or instrumental value) face a range of serious difficulties, despite that biodiversity constitutes a central tenet of many environmentalist practices and beliefs. That discrepancy is considerable for the debate on potential moral reasons for protecting biodiversity. This paper adds a new angle by focusing on the potential of the concept of natural otherness—specifically individual and process otherness in nature—for providing additional moral (...) reasons in favor of the protection of biodiversity as variety. Four arguments are presented. Two arguments draw on the individual natural otherness of nonhuman living beings and two additional arguments draw on the process otherness of active nature. The upshot is that each of these arguments—if successful—provides a moral reason in favor of the protection of biodiversity. (shrink)

There is near universal recognition that human participant protection is both morally and practically essential for all forms of research involving humans. Yet most of the discourse around human participant protection has focussed on norms—rules, regulations and governance arrangements—rather than on the actual effectiveness of these norms in achieving their ends—protecting participants from undue risk and ensuring respectful treatment as well as advancing the generation of useful knowledge. In recent years there has been increasing advocacy for evidence-based human participant (...) protection that would be grounded on the careful investigation of the effects of research on human participants. We offer an analysis of evidence-based protection and then focus on Canadian examples of research on evidence-based protection. We consider the prospects for such research being put into practice in Canada. Finally we connect our remarks to the theme of “the changing landscape of human participant protection.”. (shrink)

In this paper, we want to analyze conceptually whether and when merely using economic discourse – talking money – can crowd out people's positive attitudes towards environmental goods and their reasons to protect them. We concentrate on the specific case of market-based or monetary valuation as an instance of ‘commodification in discourse’ and argue that it can have the same moral problems as real commodification. We aim to bring together insights from philosophy, ethics, economics and psychology to argue that (...) there are good reasons to think about how and when to apply MV in environmental cases. On the basis of this interdisciplinary analysis and in order to promote further empirical research, we develop four empirically falsifiable hypotheses. Commodification in discourse can bring about real commodification. MV can have framing and crowding effects on those who come into contact with it. Intrinsic motivation is more robust than extrinsic motivation and leads less to freeriding. MV's framing and crowding effects can decrease environmental protection. (shrink)

This study aims to optimize the enterprise criminal law-based copyright protection. This exploration discusses the role of the entrepreneurial spirit in criminal law-based copyright protection. To study the relationship between ES and criminal law-based copyright protection, the concepts of ES, criminal law-based copyright protection, and enterprise innovation are given. Next, by collecting literature, hypotheses are put forward. They include the relationship between ES and enterprise innovation, ES and the criminal law-based copyright protection, and the intermediary (...) role of ES in the criminal law-based copyright protection and economic growth. Then, relevant models are established. Finally, the hypotheses are tested through experiments and empirical analysis, and the model is regressed to test the experimental data’s robustness and the scale’s reliability and validity. The empirical analysis shows that: the significance of ES under the 1% index is greater than 0. It indicates that the higher the managers’ ES is, the greater the enterprise innovation is. The significance of criminal law-based copyright protection on ES under the 1% index is greater than 0 and the regression coefficient is 0.59. This shows that criminal law-based copyright protection has a significant positive impact on ES. Under the l% index, the significance of ES on economic growth is greater than 0 and the regression coefficient is 0.63. It shows that ES mediates the relationship between criminal law-based copyright protection and economic growth. Therefore, strengthening criminal law-based copyright protection improves the ES and leads to faster enterprise and regional economic development. Therefore, the state should pay attention to criminal law-based copyright protection to encourage innovation to promote enterprise development. This exploration studies the relationship among ES, economic growth, enterprise innovation, and criminal law-based copyright protection. The finding provides a theoretical reference for criminal law-based copyright protection. (shrink)

This article studied the influence of Labor Contract Law and employee psychological contract on enterprise investment and sustainable economic growth. The results indicate that the Labor Protection Law has no significant influence on the investment of state-owned enterprises. In the early stage of the implementation of Labor Protection Law, the Labor protection Law will observably reduce the investment level of private enterprises, and this effect is more obvious in labor-intensive industries and small and medium-sized enterprises. However, in the later stage (...) of the implementation of Labor Protection Law, the impact of Labor protection Law on the investment of private listed companies is weak. The results indicate that the Labor protection Law increases the illegal costs of private enterprises, reduces the flexibility of employment, and ultimately reduces the investment level of enterprises. Moreover, our article examines the impact of the Labor protection Law on regional economic growth, and finds that the Labor protection Law will significantly reduce the regional GDP growth rate in China, and this effect is mainly reflected in the regions where private enterprises provide more jobs and the proportion of private economy is high. This article takes China’s emerging markets as the background, on the one hand, expands the relevant research on labor market friction from the viewpoint of enterprise investment and economic growth, on the other hand, provides new evidence for state-owned enterprises to fulfill social goals. (shrink)

In this research we apply the Theory of Planned Behavior (TPB) to study decisions related to information privacy protection. A TPB-based model was proposed to investigate whether organization-based self-esteem and perceived deindividuation can be employed to measure the strength of the perceived behavioral control construct. In addition, we examined if the addition of a causal path linking subjective norms to attitudes and another causal path linking organization-based self-esteem to subjective norms enhanced our research model's predicting power. Our (...) study shows that information systems (IS) professionals' intentions to protect personal information privacy are influenced by their attitudes, subjective norms, perceived deindividuation, and organization-based self-esteem. It further shows that attitudes are influenced by subjective norms, which, in turn, are influenced by organization-based self-esteem. (shrink)

Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to complement (...) existing frameworks for safeguarding employee privacy in an era of Big Data surveillance. (shrink)

Individual research protections provided by bioethical principles can be extended to group protections, particularly for place-based communities and cultural groups who may share a common harm or burden. In this article, an argument is made for the need to consider the group conditions of individual research subjects in the ethics of individual report-backs of human biomonitoring results. Human biomonitoring, the measuring of concentration of chemicals or their metabolites in blood, urine, breast milk, hair, and other biological samples, (...) can provide an assessment of an individual's exposure to a chemical and can integrate exposures from multiple pathways and sources. Biomonitoring studies have been increasing in the past decade for such purposes as measuring the levels of chemicals that are ingested by members of the general population and at what concentrations, to determine if exposure levels are higher in some groups vs. others, to track temporal trends to establish reference ranges for chemical exposures, and to investigate an association with health. (shrink)

The dialogue between science and religion, aiming for collaboration, not conflict, is crucial in addressing global crises like climate change. Both sides recognise each other’s presuppositions without trying to impose beliefs on the other. The anatheistic approach, which suggests working together regardless of dogmatic belief in God to address mutual threats and find solutions for the planet, is a prime example. This inclusive, synergistic approach involving science and religion is not just a theoretical concept but a practical necessity for comprehensively (...) addressing ecological challenges. It is not enough to discuss these issues in theory. Action is urgently needed. We must engage all stakeholders, including international bodies, in this approach. Faith-based organisations (FBOs) have a significant role in addressing environmental issues. Their unique perspective and resources can contribute to the development of effective policies. Integrating scientific evidence with beliefs and values is essential when making policies on issues like climate change. (shrink)

It is the primary duty of business to satisfy consumer by providing quality goods and services at right place, right time, in right quantity at a fair price. The need for consumer protection is recognized by law makers in India since ancient times. It was very well realized that a consumer is prone to exploitation on the part of providers of goods and services. Therefore, the ancient Indian law codes regulated not only social conditions but also the economic life of (...) people by establishing human values and code of trade practices to protect the interests of buyers. This article is mainly based on the detailed study of ancient Indian literature, that is, Manu Smriti, Narada Smriti, Brihaspati Smriti and Arthshastra. (shrink)

Apres avoir introduit les concepts de base de Fūdo, je propose une interpretation du texte problematisee autour du statut de la vegetation. Il s’agira de montrer pourquoi et comment la place que tient la vegetation joue un role mediateur fondamental en tant que principe de premiere importance, y compris et surtout ici pour la vie humaine decrite par Watsuji. Ce faisant, l’objectif est double. D’une part, montrer, a la suite d’Augustin Berque, la coherence de la visee mesologique initiale de l’auteur (...) en donnant un fondement theorique a ses exemples vegetaux. D’autre part, se recentrer sur le role mesologique de la vegetation permet de relativiser la place du climat et donc du determinisme environnemental souvent surevalues dans beaucoup de traductions et commentaires de Fūdo. (shrink)

PurposeWithin a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.Design/methodology/approachThis study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the (...) rest of the world in general.FindingsThe study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.Research limitations/implicationsThere is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.Practical implicationsThe mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.Social implicationsConsumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.Originality/valueConsumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general. (shrink)

Guidelines for health research focus on protecting individual research subjects. It is also vital to protect the communities involved in health research. In particular, a number of studies have been criticized on the grounds that they exploited host communities. The present paper attempts to address these concerns by providing an analysis of community exploitation and, based on this analysis, determining what safeguards are needed to protect communities in health research against exploitation. (edited).

Recently, debate over whether health care providers should have a protected right to conscientiously refuse to offer legal health care services—such as abortion, elective sterilization, aid in dying, or treatments for transgender patients—has grown exponentially. I advance a modified compromise view that bases respect for claims of conscientious refusal to provide specific health care services on a publicly defensible rationale. This view requires health care providers who refuse such services to disclose their availability by other providers, as well as to (...) arrange for referrals or facilitate transfers of care. This requirement raises the question of whether providers are being forced to be complicit in the provision of services they deem to be morally objectionable. I conclude by showing how this modified compromise view answers the most significant objections mounted by critics of the right to conscientious refusal and safeguards providers from having to offer services that most directly threaten their moral integrity. (shrink)

Background Neonatologists, legal experts and ethicists extensively discuss the ethical challenges of decision-making when a child is born at the limit of viability. The voices of parents are less heard in this discussion. In Norway, parents are actively shielded from the burden of decision-making responsibility. In an era of increasing patient autonomy, is this position still defendable? Research question In this article, we discuss the role of parents in neonatal decision-making, based on the following research question: Should parents decide (...) whether to provide lifesaving treatment when their child is born at the limit of viability? Research design We conducted eight interviews with 12 parents, 4 individuals and 4 couples, all having experienced prenatal counselling at the limit of viability. The interviews took place at different university locations in Norway in the years 2014–2018. Ethical considerations All study participants gave their written informed consent. The Regional Committee for Medical Research Ethics approved the study. Findings We identified six main themes in parents’ responses to the research question. Parents (1) experienced an emotional turmoil confronted with birth at the border of viability, (2) emphasized the importance of being involved in decision-making, (3) described and reflected on the need to balance the parental instinct of saving, (4) were concerned about the dilemmas involved in protecting the family, (5) were worried about the burden of overwhelming responsibility and (6) called for guideline relief. Conclusion The perceived parental instinct of saving the life of their child makes it hard for parents to step away from a call for ‘everything to be done’. Involvement of an interprofessional periviability team drawing on the experiences and viewpoints of nurses and neonatologists in decision-making is needed to protect both infants and parents against undue parental push for treatment and enable parents to make good decisions regarding their child. (shrink)

In a world facing multiple crises, our foundational institutions are failing to offer effective solutions. Drawing on the emerging consilience of knowledge, Michael Pirson debunks the fundamental yet outdated assumptions of human nature that guide twentieth-century management theory and practice - as captured in the 'economistic' paradigm - and instead provides an urgently needed conceptual and practical 'humanistic' framework, based on the protection of human dignity and the promotion of well-being. By outlining the science-based pillars of this innovative (...) system, Pirson provides a twenty first-century model for the responsible twenty first-century leader seeking sustainable ways to organize in a world of crisis. Highlighting relevant applications for research, practice, teaching and policy, this book is ideal for graduate students and professionals seeking to develop their understanding of responsible business, business ethics and corporate responsibility. (shrink)

Discussions of the proper role of conscience and practitioner judgement within medicine have increased of late, and with good reason. The cost of allowing practitioners the space to exercise their best judgement and act according to their conscience is significant. Misuse of such protections carve out societal space in which abuse, discrimination, abandonment of patients, and simple malpractice might occur. These concerns are offered amid a backdrop of increased societal polarization and are about a profession which has historically fought (...) for such privileged space. There is a great deal that has been and might yet be said about these topics, but in this paper I aim to address one recent thread of this discussion: justification of conscience protection rooted in autonomy. In particular, I respond to an argument from Greenblum and Kasperbaur and clarify a critique I offered of an autonomy-based conscience protection argument which Greenblum and Kasperbaur seek to improve and defend. To this end, I briefly recap the central contention of that argument, briefly describe Greenblum and Kasperbaur’s analysis of autonomy and of my critique, and correct what appears to be a mistake in interpretation of both my work and of autonomy-based defenses of conscience protection in general. (shrink)

This research focuses on the issue of human rights violations, particularly those affecting Muslim women in Indonesian diaspora marriages in Russia. Despite the regulations set by the Family Code of the Russian Federation, there have been reports of abuse, expulsion, withholding of documents and unilateral divorce. The purpose of this qualitative research using Smith’s phenomenological approach is to analyse the root causes of these violations and provide solutions. Data were collected through in-depth interviews, observation and documentation analysis. The results showed (...) that domestic violence was caused by a lack of self-concern and lack of cultural, legal and legal administration literacy. This lack of literation contributes to the violation of the rights of married diaspora women in Russia. Self-protection can be enhanced by increasing faith-based marriage literacy and cultural and legal literacy. Contribution: This research provides insight into the factors contributing to human rights violations in Indonesian diaspora marriages in Russia and proposes solutions to prevent such violations. The findings of this study can also serve as a basis for future research in the field of human rights and diaspora. (shrink)

Except the two types of state, complete failure and perfect functioning, some intermediate states also existed between those two states. This characteristic enables multistate system whose components are often of more than two states. Moreover, because of dependence between components, common cause failure enhances the failure risk of components during the operating period of MSS. A protection mechanism needs to be adopted because of the importance of certain components. For a MSS with CCF and protection mechanism, its reliability can be (...) evaluated by a proposed approach. Certain components not only can cause failure at one state, but also can cause failure to other components because of the CCF. Under the impact of one type of CCF, those components can constitute a specific group that can overlap with certain components. Universal generating function is adopted to incorporate the CCF and protection mechanism of a component. Consequently, reliability indices of a MSS can be evaluated by the proposed approach based on UGF. Examples and comparisons illustrate and validate this method. This method can also help engineers prioritize elements that require protection mechanism under various resource limitations. (shrink)