The U.S. Department of Health and Human Services has proposed substantial changes to the current regulatory system governing human subjects research in its Advanced Notice of Proposed Rulemaking, entitled “Human Subjects Research Protections: Enhancing Protections for Research Subjects and Reducing Burden, Delay, and Ambiguity for Investigators.” Some of the most significant proposed changes concern the use of biospecimens in research. Because research involving biological materials begins with an initial interaction with an individual, such research falls squarely within the human subjects (...) research regulatory framework known as the “Common Rule,” which applies to research conducted or funded by the HHS and the other signatory agencies and departments. However, as described in detail below, much biospecimen research may fall within exemptions and exceptions under the Common Rule and, thus, may be conducted without consent. The ANPRM proposes requiring written consent for research use of biospecimens, even if the biospecimens were initially collected for a purpose other than research or have been stripped of identifiers. (shrink)

Much of the legal literature discusses regulation and regulatory forms with a seemingly implicit assumption that "those to be influenced" are inherently self-interested and thus motivated to comply with legal structures only when there are sufficient external incentives to do so. This view of the person is inconsistent with recent perspectives in the field of psychology. A law and morality perspective, coupled with insights from the field of psychology, asserts that influence, compliance, and motivation are far more complex than this (...) legal literature would suggest. In this Article, we map the varying influence structures, motives, psychological needs, emotional mechanisms, and levels of moral reasoning that various forms of regulation, from hard law to soft law, might appeal to. We provide examples from global banking and one soft law initiative, the Equator Principles, to illustrate reasons psychology would suggest why soft law may be more effective in some circumstances in influencing behavior within the firm than hard law, while recognizing important limits to such influence. (shrink)

This paper argues that independent auditors have lost sight of their obligation to be truly impartial, and have increasingly adopted an attitude of client advocacy. We argue that auditors have a professional obligation to go beyond merely passing judgment on whether client accounting methods are acceptable under GAAP, and to judge whether the principles adopted are the most appropriate under the circumstances. We then review recent evidence which suggests that auditors have abandoned this objective in favor of advocating client-preferred principles. (...) The results of a survey of public accountants employed by small CPA firms indicates that, in a scenario in which an auditor did not feel that the client's accounting treatment was the most appropriate under the circumstances but it was recognized as an acceptable alternative under GAAP, advocacy of the client-preferred approach is considered appropriate and is very likely to occur in practice. In less subtle cases (e.g., when the auditor did not feel that the client's treatment provided the best reflection of the economic substance of the underlying transactions), survey participants as a group were ambivalent regarding the appropriateness of client advocacy, and felt that subordination of judgment was likely to occur in practice. The results also indicate that engagement risk, or the risk that the firm will be harmed by aggressive behavior, affects judgments of both the appropriateness and likelihood of subordination of judgment. These findings suggest that auditors have adopted an ideology of client advocacy, within the constraints of engagement risk. (shrink)

This study investigates professional tax practitioners' ethical judgments and behavioral intentions in cases involving client pressure to adopt aggressive reporting positions, an issue that has been identified as the most difficult ethical/moral problem facing public accounting practitioners. The multidimensional ethics scale (MES) was used to measure the extent to which a hypothetical behavior was consistent with five ethical philosophies (moral equity, contractualism, utilitarianism, relativism, and egoism). Responses from a sample of 67 tax professionals supported the existence of all dimensions of (...) the MES other than egoism. Regressions of ethical judgments and behavioral intentions on the MES dimensions indicate that ethical decision making is most heavily influenced by the moral equity dimension, followed by the contractualism dimension. In contrast, the utilitarianism and relativism dimensions were only related to ethical judgments and behavioral intentions in isolated instances. (shrink)

William Whewell is considered one of the most important nineteenth-century British philosophers of science and a contributor to modern philosophical thought, particularly regarding the problem of induction and the logic of discovery. In this volume, Robert E. Butts offers selections from Whewell's most important writings, and analysis of counter-claims to his philosophy.

In _The Fragility of Things_, eminent theorist William E. Connolly focuses on several self-organizing ecologies that help to constitute our world. These interacting geological, biological, and climate systems, some of which harbor creative capacities, are depreciated by that brand of neoliberalism that confines self-organization to economic markets and equates the latter with impersonal rationality. Neoliberal practice thus fails to address the fragilities it exacerbates. Engaging a diverse range of thinkers, from Friedrich Hayek, Michel Foucault, Hesiod, and Immanuel Kant to (...) Voltaire, Terrence Deacon, Friedrich Nietzsche, and Alfred North Whitehead, Connolly brings the sense of fragility alive as he rethinks the idea of freedom. Urging the Left not to abandon the state but to reclaim it, he also explores scales of politics below and beyond the state. The contemporary response to fragility requires a militant pluralist assemblage composed of those sharing affinities of spirituality across differences of creed, class, gender, sexual orientation, and ethnicity. (shrink)

Complexity, agency, and time -- The vicissitudes of experience -- Belief, spirituality, and time -- The human predicament -- Capital flows, sovereign decisions, and world resonance machines -- The theorist and the seer.

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

This essay examines lines of connection between disgust, the effect of disciplines upon such intensive appraisals, political action, and the shape of ethical responsiveness. Philosophies that espouse purity in moral ity or politics mask these lines of connection; they thereby disparage the sig nificance of techniques of the self to ethical and political life. Immanuel Kant and Hannah Arendt provide the two main figures through whom these themes are explored. Arendt and Kant are brought into relation with each other through (...) the way each comes to terms with disgust and common sense. Kant's attempt to purify morality draws upon the spontaneity of common sense even more than it does upon a set of transcendental arguments. The Kantian metaphysic of the supersensible and the sensible then authorizes a concept of morality that almost removes the will beyond the reach of disci plines. But aporias he confronts within the will may bring these tactics back in. Arendt, while rising above the command conception of morality pro jected by Kant through her invocation of gratitude for being and appre ciation of new beginnings, reinstates purity in the concept of 'the political'. Arendt's drive to bracket the body - often treated as an assemblage of com pulsive moods and interests - from the realm of ethical and political life also disparages tactics by the self on the self. To challenge the metaphysic of the supersensible and the sensible with a metaphysic of the infrasensible and the sensible is to confirm the nobility of such tactics. The presentation of this alternative perspective calls into question the pretension of many contemporaries to be 'post-metaphysical'; it also helps to show why meta physical pluralism sets a condition for a politics of plurality attuned to the velocity and scope of late-modern life. Key Words: amygdala • Arendt • body • common sense • Deleuze • ethics • Kant • metaphysics • plurality • Spinoza. (shrink)

This paper is a response to Christopher Boorse's recent defense of hisBiostatistical Theory (BST) of health and disease. Boorse maintains that hisconcept of theoretical health and disease reflects the ``consideredusage of pathologists.'' I argue that pathologists do not use ``disease'' inthe purely theoretical way that is required by the BST. Pathology does notdraw a sharp distinction between theoretical and practical aspects ofmedicine. Pathology does not even need a theoretical concept of disease. Itsfocus is not theoretical, but practical; pathology's goal is (...) to contribute tothe healing of patients. Pathology, even experimental pathology, is notvalue-free. Not only ``disease'' but also such terms as ``nerve'' and ``organ''are laden with conceptual values. (shrink)

This chapter examines Augustine’s two treatises on lying, De Mendacio and Contra Mendacium ad Consentium. Augustine’s differentiation between statements that are lies from those that are not illustrates the importance of a presence of an intention to deceive. His views on lying are compared with views expressed by Bernard Williams. One of the surprising consequences of Augustine’s views is that a person can lie when telling the truth. In spite of some examples that Augustine regards as poignant, he defends the (...) position that all lying is sinful, even when the consequences of lying would be better than the consequences of telling the truth. (shrink)

Over the past two decades, the renowned political theorist William E. Connolly has developed a powerful theory of pluralism as the basis of a territorial politics. In this concise volume, Connolly launches a new defense of pluralism, contending that it has a renewed relevance in light of pressing global and national concerns, including the war in Iraq, the movement for a Palestinian state, and the fight for gay and lesbian rights. Connolly contends that deep, multidimensional pluralism is the best (...) way to promote justice and inclusion without violence. He advocates a deep pluralism—in contrast to shallow, secular pluralism—that helps to create space for different groups to bring their religious faiths into the public realm. This form of deep pluralism extends far beyond faith, encompassing multiple dimensions of social and personal lives, including household organization and sexuality. Connolly looks at pluralism not only in light of faith but also in relation to evil, ethics, relativism, globalization, and sovereignty. In the process, he engages many writers and theorists—among them, Spinoza, William James, Henri Bergson, Marcel Proust, Gilles Deleuze, Giorgio Agamben, Talal Asad, Michael Hardt, and Antonio Negri. _Pluralism_ is the first book in which Connolly explains the relationship between pluralism and the experience of time, and he offers readings of several films that address how time is understood, including _Time Code_, _Far from Heaven_, _Waking Life_, and _The Maltese Falcon_. In this necessary book Connolly brings a compelling, accessible philosophical critique together with his personal commitment to an inclusive political agenda to suggest how we might—and why we must—cultivate pluralism within both society and ourselves. (shrink)

The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other (forgotten) grass-roots activists, Snowden (...) has in fact articulated a powerful defense of why he was morally obligated to engage in politically motivated law-breaking. He has also undertaken impressive efforts to explain how his actions are distinguishable from ordinary criminality, and why they need not culminate in reckless lawlessness. In fact, his example can perhaps help us advance liberal and democratic ideas about civil disobedience. First, it highlights sound reasons why, pace the orthodox view, the acceptance of punishment by those engaging in civil disobedience should not be seen as a precondition of its legitimacy. Second, Snowden reminds us that ours is an era in which intensified globalization processes directly shape every feature of political existence. Defenders of civil disobedience need to update their reflections accordingly. (shrink)

How does the experience of busyness impact democratic political life? My hunch is that those reading this essay might very well offer the following answer: busyness means that we relegate political activities to the bottom of a long and sometimes tedious laundry list of “things to get done.” In fact, many of us no longer even bother to include the basic activities of citizenship –getting informed about the issues, deliberating with our peers about matters of common concern, attending a political (...) meeting, or even voting —on the list in the first place. Like this author, many of you probably feel somewhat guilty about this as well, and thus try to compensate in some way or another… At worst, busyness generates political disinterest and apathy: many of our fellow citizens openly describe the most fundamental form of democratic participation, the vote, as “a waste of time.” At best, it seems to privilege an acceleration of political activity: we seek speedy and rapidly consummated types of involvement that do not unduly add to the enormous time pressures we already feel. Unfortunately, it remains unclear whether even such high-speed forms of citizen involvement are normatively satisfactory. Can liberal democracy flourish when a growing number of us avoid the responsibilities of citizenship altogether, while even those of us who try to remain politically involved insist that they be dealt with quickly and painlessly? In this essay, I hope at the very least to deepen our understanding of this quagmire. If I am not mistaken, it provides a useful starting point for examining one of the core challenges of contemporary political life: how can we make sure that busyness and citizenship coexist in a potentially fruitful, though by no means necessarily harmonious, relationship? (shrink)

William E. Connolly’s writings have pushed the leading edge of political theory, first in North America and then in Europe as well, for more than two decades now. This book draws on his numerous influential books and articles to provide a coherent and comprehensive overview of his significant contribution to the field of political theory. The book focuses in particular on three key areas of his thinking: Democracy: his work in democratic theory - through his critical challenges to the (...) traditions of Rawlsian theories of justice and Habermasian theories of deliberative democracy - has spurred the creation of a fertile and powerful new literature Pluralism - Connolly's work utterly transformed the terrain of the field by helping to resignify pluralism: from a conservative theory of order based on the status quo into a radical theory of democratic contestation based on a progressive political vision The Terms of Political Theory - Connolly has changed the language in which Anglo-American political theory is spoken, and entirely shuffled the pack with which political theorists work. (shrink)

The doctrine of divine simplicity, the doctrine that God has no physical or metaphysical complexity whatsoever, is not a doctrine designed to induce immediate philosophical acquiescence. There are severe questions about its coherence. And even if those questions can be answered satisfactorily in favour of the doctrine, there remains the question why anyone should accept it. Thomas V. Morris raises both sorts of questions about a version of the doctrine which I have put forward. In the following pages I shall (...) respond to what I take to be the most serious of Morris's objections. I shall argue that the doctrine survives Morris's onslaught, but that one observation of his points it in a direction I had hitherto not taken seriously. The bulk of Morris's paper raises questions of the first sort; perforce the bulk of my paper will also. I shall offer, at the end, a reason for thinking that neither of us is yet in a position to pronounce categorically on the second question. My remarks in this paper constitute an interim report on how I think things presently stand with divine simplicity. (shrink)

. A Christian seminary supports the study of religion andscience, in order to relate its faith to people living in scientificallyoriented cultures. It invites the scientific and university com‐munities to join in developing a model for dialogue that may be abasis for more ecumenical efforts at relating religion and science, so as to ease tensions between religious communities. The workpioneered by the Center for Advanced Study in Religion andScience and by Zygon is giving rise to new enterprises, including thecoming establishment (...) of a Center for the Study of Faith andScience at the Lutheran School of Theology at Chicago. (shrink)