The success or failure of an ineffective assistance of counsel claim turns largely on the testimony of trial counsel. It is therefore common for the government to communicate ex parte with trial co...

Michael Walzer’s article ‘Political action: the problem of dirty hands’ initiated a new wave of discussion over a persistent problem in moral philosophy: are there situations in which ethical rules must be relaxed so as to bring about a greater good? In this article, we consider whether this ‘dirty hands’ approach may be applied to our current climate crisis. One proposed solution to the problem of global warming is the administration of moral enhancements to the population. Assuming that the administration (...) of moral enhancements is a necessary condition in the prevention of a climate crisis, Parker Crutchfield argues that this procedure ought to be covert. This implies lying to the public, and such dishonesty amounts to immoral behavior. We conclude that despite the severity of global warming, there is no justification for a dirty hands approach. Lying to the public in order to save the planet would probably create bigger problems, and it would ultimately be very counterproductive in trying to save the planet. (shrink)

The standard view amongst philosophers of language and linguists is that the logical form of generics is quantificational and contains a covert, unpronounced quantifier expression Gen. Recently, some theorists have begun to question the standard view and rekindle the competing proposal, that generics are a species of kind-predication. These theorists offer some forceful objections to the standard view, and new strategies for dealing with the abundance of linguistic evidence in favour of the standard view. I respond to these objections (...) and show that their strategies fail. I offer a novel argument in favour of the standard view that I call the binder argument. The upshot of this argument is that if one rejects the existence of Gen, then one is committed to rejecting the existence of covert structure in general. (shrink)

In a recent article in this journal, Parker Crutchfield argues that if moral bioenhancement ought to be compulsory, as some authors claim, then it ought to be covert, i.e., performed without the knowledge of the population that is being morally enhanced. Crutchfield argues that since the aim of compulsory moral bioenhancement is to prevent ultimate harm to the population, compulsory moral bioenhancement is best categorized as a public health issue, and should therefore be governed by the norms and values (...) that apply in public health settings. In this article, I argue for two related claims. First, I question the extent to which compulsory moral enhancement should be considered a public health issue that ought to be governed by the norms and values that apply in public health settings. Second, I argue that Crutchfield's argument that covert moral bioenhancement would better respect people's autonomy than an overt program overlooks two important autonomy‐based reasons that, in fact, favor an overt moral enhancement program over a covert one. (shrink)

Whereas many researchers see a heuristic potential in the covert REM sleep model for explaining NREM sleep mentation and associated phenomena, many others are unconvinced of its value. At present, there is much circumstantial support for the model, but validation is lacking on many points. Supportive findings from several additional studies are summarized with results from two new studies showing (1) NREM mentation is correlated with duration of prior REM sleep, and (2) REM sleep signs (eye movements, phasic EMG) (...) occur frequently in NREM sleep. The covert REM sleep model represents one class of explanatory models that combines the two assumptions of mind-body isomorphism and a 1-gen mentation generator; its future development will depend largely upon a more detailed understanding of sleep state interactions and their contribution to mind-body isomorphisms. (shrink)

_Covert treatment raises a number of ethical and practical issues in psychiatry. Viewpoints differ from the standpoint of psychiatrists, caregivers, ethicists, lawyers, neighbours, human rights activists and patients. There is little systematic research data on its use but it is quite certain that there is relatively widespread use. The veil of secrecy around the procedure is due to fear of professional censure. Whenever there is a veil of secrecy around anything, which is aided and abetted by vociferous opposition from some (...) sections of society, the result is one of two: 1) either the activity goes underground or 2) it is reluctantly discarded, although most of those who used it earlier knew it was needed. Covert treatment has the dubious distinction of suffering both such secrecy and disapproval. Covert treatment has a number of advantages and disadvantages in psychotic disorders. The advantages are that it helps solve practical clinical problems; prevents delays in starting treatment, which is associated with clinical risks and substantial costs; prevents risk of self-destructive behaviour and/or physical assault by patient; prevents relapse; and prevents demoralization of staff. The disadvantages are that it maybe used with malafide intent by caregivers with or without the complicity of psychiatrists; it may be used to force conformity in dissenters; and the clinician may land himself in legal tangles even with its legitimate use. In addition, it may prevent insight, encourage denial, promote unhealthy practices in the treating staff and prevent understanding of why noncompliance occurs in the first place. Some support its use in dementia and learning disorders but oppose it in schizophrenia. The main reason is that uncooperative patients of schizophrenia (and related psychoses) are considered to be those who refuse treatment but retain capacity; while in dementia and severe learning disorder, uncooperative patients are those who lack capacity. This paper disputes this contention by arguing that although uncooperative patients of schizophrenia (and related psychoses) apparently retain capacity, it is limited, in fact distorted, since they lack insight. It presents the concept of insight-unconsciousness in a patient of psychosis. Just as an unconscious patient has to be given covert medical/surgical treatment, similarly an insight-unconscious patient with one of the different psychoses (in the acute phase or otherwise) may also have to be given covert treatment till he regains at least partial insight. It helps control psychotic symptoms and assists the patient in regaining enough insight to realize he needs treatment. Another argument against covert treatment is that people with schizophrenia have the capacity to learn and therefore can learn that they are required to take medications, but if medications are given covertly it may well fuel their paranoia. However, it should be noted that the patient who has lack of insight cannot learn unless he regains that insight, and he may need covert treatment to facilitate this process. Covert treatment can fuel the paranoia, true, but it can also control the psychotic symptoms sufficiently so that regular treatment can be initiated. In a patient who refuses to accept that he is sick and when involuntary commitment is not an option to be considered, covert treatment is the only option, apart from physical restraint. Ultimately, a choice has to be made between a larger beneficence (control of symptoms and start of therapy) and a smaller malevolence (necessary therapy, but without the patient's knowledge and consent). A number of practical clinical scenarios are outlined wherein the psychiatrist should adopt covert treatment in the best interests of the patient. Ethical issues of autonomy, power, secrecy and malafide intent arise; each of these can be countered only by non-malfeasance (above all, do no harm) under the overarch of beneficence (even above that, dare to care). An advance directive with health care proxy that sanctions covert treatment is presented. Questions raised by the practical clinical scenarios are then answered. The conclusions are as follows: covert treatment, i.e, temporary treatment without knowledge and consent, is seldom needed or justified. But, where needed, it remains an essential weapon in the psychiatrist's armamentarium: to be used cautiously but without guilt or fear of censure. However, the psychiatrist must use it very judiciously, in the rarest of rare cases, provided: i) he is firmly convinced that it is needed for the welfare of the patient; ii) it is the only option available to tide over a crisis; iii) continuing efforts are made to try and get the patient into regular psychiatric care; iv) the psychiatrist makes it clear that its use is only as a stop-gap; v) he is always alert to the chances of malevolence inherent in such a process and keeps away from conniving or associating with anything even remotely suspicious; and vi) he takes due precautions to ensure that he does not land into legal tangles later. The need of the hour is to explore in greater detail the need and justification for covert treatment, to lay out clear and firm parameters for its legitimate use, follow it up with standard literature and, finally, to establish clinical practice guidelines by unconflicted authors. The term "covert treatment" is preferable to "surreptitious prescribing"; they should not be used synonymously, the latter term being reserved for those cases where there is malafide intent._. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of (...) animal rescue will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Today's international community may well view covert action and democracy as mutually exclusive policies. This article examines the practice of covert action in American foreign policy in light of events of the mid-1970s and 1980s, focusing on the scandalous misuse of executive authority and lack of accountability associated with covert means. Often manipulative and sometimes anonymous, covert operations raise critical morality concerns in a democratic society. Whether "any form of accountability is likely to be sufficient to (...) bring the unauthorized use of executive power under control" is the crucial issue to be addressed when examining the practicality of covert actions by the executive branch. (shrink)

The term 'covert mixed quotation' describes cases in which linguistic material is interpreted in the manner of mixed quotation — that is, used in addition to being mentioned — despite the superficial absence of any commonly recognized conventional devices indicating quotation. After developing a novel theory of mixed quotation, I show that positing covert mixed quotation allows us to give simple and unified treatments of a number of puzzling semantic phenomena, including the projective behavior of conventional implicature items (...) embedded in indirect speech reports and propositional attitude ascriptions, so-called 'c-monsters,' metalinguistic negation, metalinguistic negotiation, and 'in a sense' constructions. (shrink)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm cases to (...) expand the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

An assessment of a protocol devised to guide practitioners thinking of using covert video surveillance. Such surveillance is particularly used to help identify cases of Munchausen's syndrome by proxy. The protocol in question has been written by staff at the Academic Department of Paediatrics, North Staffordshire Hospital, Stoke-on-Trent in association with their local Area Child Protection Committee and has been commended by the Department of Health to others wishing to implement covert video surveillance.

ABSTRACT A crucial issue in the debate about the correct treatment of natural language tense concerns covert variables: do we have reason to think there are any in the syntax, as the quantifier theorist maintains? If not, it seems we can quickly discount the quantifier theory from consideration, without even considering the data in its favour. And, indeed, there is a good reason to doubt that there are such variables: contemporary syntactic theory, notably, does not seem to posit them. (...) I respond to this argument going from the premise that positing covert variables is illicit to the conclusion that quantifier theories of tense are false. I argue that the argument fails by suggesting a non-committal understanding of the process of positing covert variables. On this view, even if we are not doing fundamental syntax in so positing, nevertheless there is a reason to think we are doing something theoretically productive, because it seems like an important part of the practice of semantics and because it seems like semantics is a discipline which is making progress. The progress of semantics supports the methodology of positing variables at its heart; the quantifier theorist of tense, accordingly, need not worry about their syntactic commitments. (shrink)

Health professionals, by agreeing to provide care, accept a fiduciary role that entails an obligation to preserve trust. We trust health professionals to be competent, to promote patient interests, and to properly utilize their discretionary power. While some health professionals argue that such activities as secretly screening for drugs or sexually transmitted diseases are necessary to fulfill their fiduciary obligations, these may actually constitute a breach of trust. In this paper, I argue that, in the specific case of Munchausen’s Syndrome (...) by Proxy, covert surveillance is ethically justifiable and does not constitute a breach of trust and an abuse of the fiduciary relationship. (shrink)

In some young children brought by their parents for diagnosis of acute life-threatening events investigations suggested imposed apnoea as the cause rather than spontaneous occurrence. Covert video surveillance of the cot in which the baby was monitored allowed confirmation or rebuttal of this diagnosis. That parents were not informed of the video recording was essential for diagnosis and we assert ethically justifiable as the child was the patient to whom a predominant duty of care was owed. The procedure also (...) avoids the risk of separation of child from parent on inadequate information. (shrink)

The covert administration of medication occurs with incapacitated patients without their knowledge, involving some form of deliberate deception in disguising or hiding the medication. Covert medication in food is a relatively common practice globally, including in institutional and homecare contexts. Until recently, it has received little attention in the bioethics literature, and there are few laws or rules governing the practice. In this paper, we discuss significant, but often overlooked, ethical issues related to covert medication in food. (...) We emphasise the variety of ways in which eating has ethical importance, highlighting what is at risk if covert administration of medication in food is discovered. For example, losing trust in feeders and food due to covert medication may risk important opportunities for identity maintenance in contexts where identity is already unstable. Since therapeutic relationships may be jeopardised by a patient’s discovery that caregivers had secretly put medications in their food, this practice can result in an ongoing deception loop. While there may be circumstances in which covert medication is ethically justified, given a lack of suitable alternatives, we argue that in any particular case this practice should be continually re-evaluated in light of the building moral costs to the relational agent over time. (shrink)

This paper aims to bring into the ethical debate on covert research two aspects that are neglected to date: the perspective of the research subjects and the special responsibility of investigators...

In this paper we focus on the difficulty in judging what is called covert hate speech. We emphasize the need for a multidimensional framework when analysing covert hate speech in situ, and the need to consider the multifaceted dimension of such speech act to assess its performativity. To explain such need, we apply the test of the Rabat Plan of Action and adopt a pragmatic perspective to analyse a specific covert hate speech act, considering such speech act (...) as both an expressive and potentially performative act. We focus on the prosecution of hate speech against a woman holding a poster during an anti-safe pass demonstration. Her poster inferred a link between conspiracy theory, the government strategy addressing the Covid pandemic and many other collectives, primarily the Jewish community. Our analysis of the sign adopts a radically context-dependent methodology combining a pragmatic approach and the Rabat Plan of Action test. We then contrast our analysis with the legal and media perspective on the issue. We conclude by suggesting the benefit of integrating pragmatic analysis with application of normative set of rules such as the Rabat Plan of Action test, even though the fluidity of meaning always poses a challenge to any authority tasked with judging such communicative events. (shrink)

We are largely in agreement with the Findlay & Walker model. However, they appear to dismiss the role of covert spatial attention in tasks in which people are free to move their eyes. We argue that an account of the facts about the perceptual span in reading requires a window of attention not centered around the fovea. Moreover, a computational model of reading that we (Reichle et al. 1998) developed gives a good account of eye movement control in reading (...) and would be unable to do so without relying heavily on covert attention. (shrink)

In a recent JME article, Guidry-Grimes, Dean and Victor offer some signal and challenging insights into the ethical analysis of covert medication and in particular when administered via food. They warn of impacts on identity likely to emerge from using food in this way. In particular, they caution against allowing families to be involved in covert medication, in the light of their central role in sustaining identity. Their analysis has particular purchase in resource rich contexts and those contexts (...) where individual identity is a central concern. But it is less clear that the article’s insights are relevant to other contexts. This article places the analysis of covert medication and identity in a wider context, arguing both that the focus on identity is equally significant when analysing potential alternatives to covert medication, such as coercion; and that the ethical analysis of covert medication offered by Guidry-Grimes, Dean and Victor lacks global applicability. It seems to lack application particularly in resource-poor contexts, and in cultures where identity and community are interconstituted. (shrink)

Findlay & Walker's target article questions whether covert attention plays any role in normal visual scanning (overt attention). My commentary suggests that there is indeed a very close link between the processes that govern covert and overt attention.

One million cases of child maltreatment and twelve hundred child deaths due to abuse and neglect occur per year. But since many cases of abuse and neglect remain either unreported or unsubstantiated due to insufficient evidence, the number of children who are abused, neglected, and killed at the hands of family caregivers is probably higher. One approach to combat child abuse in the U.K. has been the employment of hospital-based covert video surveillance (CVS) to monitor parents suspected of Munchausen (...) Syndrome by Proxy (MSBP). The use of CVS, however, raises concerns about voluntary informed consent, research on human subjects, privacy, and the appropriateness of healthcare providers to conduct CVS. More broadly, the use of CVS raises concerns about the ethical life of healthcare institutions and their moral obligations to the families and communities they serve. The U.K. protocol for CVS is examined in light of these concerns. Three alternative CVS protocols and two procedures for selecting a protocol are then proposed for use in the U.S. The paper concludes that any CVS protocol selected for use by hospitals ought to be selected by means of open and democratic processes that permit community input and, subsequently, the possibility of a consensus on the moral status and scope of CVS. (shrink)

The literature, although sparse, reports that covert administration of all types of medications is prevalent in nursing homes. Whether it is ever ethically defensible, however, to administer medications covertly to persons with significant dementia is a complex and contentious question. Some scholars contend that deception is inherently wrong and is never acceptable, while others believe that deception is intrinsic to providing care to persons with dementia. With an aim to begin to reconcile these polarized positions and to objectively study (...) this contentious issue, the authors undertake an ethical analysis of the covert administration of medications by utilizing the principles of respect for autonomy, nonmaleficence, beneficence, and justice. Our approach examines covert administration within the context of all persons with significant dementia who are administered medications, and is aimed at providing ethical and practical guidance to clinicians who, when confronted with a patient who refuses medication, must choose the “least bad” option from among various courses of action, all of which have ethical implications. Components of a possible guideline for practice are proposed. (shrink)

In this work, we investigated a covert communication method in wireless networks, which is realized by multiantenna full-duplex single relay. In the first stage, the source node sends covert messages to the relay, and the relay uses a single antenna to send interference signals to the adversary node to protect the covert information being transmitted. In the second stage, the relay decodes and forwards the covert information received in the first stage; at the same time, the (...) relay uses zero-forcing beamforming to send interference signals to the warden to ensure covert transmission. The detection error rate, transmission outage probability, maximum effective covert rate, and other performance indicators are derived in two stages, and the total performance of the system is derived and analyzed. Then, the performance indicators are verified and analyzed by simulation. Our analysis shows that the maximum effective covert rate of using the characteristics of multiantenna to interfere with Willie in the second stage is taken as the total covert performance of the system, and the transmission interruption probability is significantly less than that of the first stage, so the corresponding maximum effective concealment efficiency will be greater. (shrink)

The practice of covertly administering medications to patients without their consent is often discussed in the framework of legal questions around the right of patients to consent and refuse medical treatment. However, this practice also raises significant questions surrounding the professional duties and obligations of health care professionals as it relates to the decision-making process of whether to engage in the covert administration of medications. In this paper, I present an overview of the origin of those duties and obligations, (...) and discuss how those duties and obligations when seen from different perspectives may either justify or prohibit the practice. Further, I discuss whether the duties and obligations of health care professionals as they are currently framed are suited to address the complexities of this issue both from the health care professional and patient perspectives. This analysis is conducted in the context of duties and obligations that arise from not only legal framework but also from the ethical requirements from professional codes of ethics. (shrink)

In their reply to my recent paper on Munchausen's syndrome by proxy, Professor Southall and Dr. Samuels concede that some things may be learned from my observations. They do not attend to the main argument of the paper, however, that the proportion of research interest in their use of covert video surveillance merits consideration of the research protocol by an independent research ethics committee. It will not do simply to assert that the use of this technology for the purposes (...) outlined in their accounts is not research. I formulated arguments based on facts divulged in those published accounts for regarding their work as containing a considerable proportion of research activity. Unfortunately their reply did not address these arguments. Until such points are adequately answered the protection of patients calls for satisfactory judgments to be made on certain important issues which any research ethics committee would be obliged to consider in an evaluation of their activities. I suggest that some of these features will create more difficulties for approval of such a protocol than others. (shrink)

Dog whistling—speech that seems ordinary but sends a hidden, often derogatory message to a subset of the audience—is troubling not just for our political ideals, but also for our theories of communication. On the one hand, it seems possible to dog whistle unintentionally, merely by uttering certain expressions. On the other hand, the intention is typically assumed or even inferred from the act, and perhaps for good reason, for dog whistles seem misleading by design, not just by chance. In this (...) paper, I argue that, to understand when and why it’s possible to dog-whistle unintentionally (and indeed, intentionally), we’ll need to recognize the structure of our linguistic practices. For dog whistles and for covertly coded speech more generally, this structure is a pair of practices, one shared by all competent speakers and the other known only to some, but deployable in the same contexts. In trying to identify these enabling conditions, we’ll discover what existing theories of communicated content overlook by focusing on particular utterances in isolation, or on individual speakers’ mental states. The remedy, I argue, lies in attending to the ways in which what is said is shaped by the temporally extended, socio-politically structured linguistic practices that utterances instantiate. (shrink)

The view that if-clauses function semantically as restrictors is widely regarded as the only candidate for a fully general account of conditionals. The standard implementation of this view assumes that, where no operator to be restricted is in sight, if-clauses restrict covert epistemic modals. Stipulating such modals, however, lacks independent motivation and leads to wrong empirical predictions. In this paper I provide a theory of conditionals on which if-clauses are uniformly interpreted as restrictors, but no covert modals are (...) postulated. Epistemic if-clauses, like those in bare conditionals, restrict an information state parameter which is used to interpret an expressive layer of the language. I show that this theory yields an attractive account of bare and overtly modalized conditionals and solves various empirical problems for the standard view, while dispensing with its less plausible assumption. (shrink)

As the population in the United States gets older, more people suffer from dementia, which often causes neuropsychiatric symptoms such as agitation and paranoia. This can lead patients to refuse medications, prompting consideration of covert administration (that is, concealing medication in food or drink). While many condemn this practice as paternalistic, deceptive, and potentially harmful, the end result of assuming the “moral high ground” can be increased suffering for patients and families. This article addresses common criticisms of covert (...) medication and presents a detailed algorithm by which to determine whether the practice is ethically permissible in specific cases. It also explores why so little attention has been paid in the U.S. to this presumably common practice, and reviews professional statements from Europe that endorse the practice. Finally, it presents a compelling argument for the role of Ulysses clauses in advance care planning, not only for patients with psychiatric illness but also for those who may suffer from dementia, which is far more common. (shrink)

This paper is a response to Dr Shinebourne's response to my recent paper assessing the relative merits of the Staffordshire Protocol on covert video surveillance. Dr Shinebourne does not take the opportunity to rebut the criticisms made of the text of the protocol. It is further suggested that judicial oversight of the use of CVS might accord the process a degree of proportionality.

: Marcel says that the experience of ownership of actions is given in the specifications for action. He is referring not to a bodily movement but that which precedes it. Is the body involved or are all the changes in the brain? This paper examines the evidence for changes in the spinal cord and muscles that occur with motor imagery, simulation and preparation. There are changes in the alpha motoneurons and in the gamma motoneurons to the muscle spindles. These may (...) be caused by stimulation from the covert efferent arm to the body. To experience the ownership of covert actions in the body requires feedback to the owner as their spatially perspectival source. There is evidence that an ascending pathway from the muscle spindles to the brain carries such feedback. This view of the feedback loop is integrated into the sensorimotor view of the genesis of consciousness of Ellis and Newton. (shrink)

The European Enlightenment in the latter half of the eighteenth century heralded a grave conflict between theological and scientific modes of thought, starkly revealing the ancient tensions between spiritual knowledge and rationalism. Yet there was another, lesser-known movement during this time---a "covert" Enlightenment---that sought to bring fresh perspectives on the soul, and by extension, on the human mind and on consciousness. This work examines the influence of Emanuel Swedenborg and Anton Mesmer on the budding movement toward psychology in the (...) late-eighteenth century and also spiritualism and millennialism in the nineteenth century. (shrink)

This paper aims to differentiate between lying and irony, typically addressed independently by philosophers and linguists, as well as to discuss the cases when deception co-occurs with, and capitalises on, irony or metaphor. It is argued that the focal distinction can be made with reference to Grice’s first maxim of Quality, whose floutings lead to overt untruthfulness, and whose violations result in covert untruthfulness. Both types of untruthfulness are divided into explicit and implicit subtypes depending on the level of (...) meaning on which they are manifest. Further, it is shown that deception may be based on irony or metaphor, which either promote deceptive implicatures or are deployed covertly. Finally, some argumentation is provided in favour of why these cases of deceiving can be conceptualised as lying. (shrink)