What should authorities establish as the job of ethics committees and review boards? Two answers are: review of proposals for consistency with the duly established and applicable code and review of proposals for ethical acceptability. The present paper argues that these two jobs come apart in principle and in practice. On grounds of practicality, publicity and separation of powers, it argues that the relevant authorities do better to establish code-consistency review and not ethics-consistency review. It also rebuts bad code and (...) independence arguments for the opposite view. It then argues that authorities at present variously specify both code-consistency and ethics-consistency jobs, but most are also unclear on this issue. The paper then argues that they should reform the job of review boards and ethics committees, by clearly establishing code-consistency review and disestablishing ethics-consistency review, and through related reform of the basic orientation, focus, name, and expertise profile of these bodies and their actions. (shrink)

The 2021 Gifford Lectures by Oliver O'Donovan evaluate the state of ethics as a discipline and its relationship to theology.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.3 (2002) 244-265 [Access article in PDF] Community, Assimilation, and the Unfamiliar Tim Donovan Fellowship We are five friends, one day we came out of the house one after the other, first one came and placed himself beside the gate, then the second came, or rather he glided through the gate like a little ball of quicksilver, and placed himself near the first one, and (...) then came the third, then the fourth, then the fifth. Finally we all stood in a row. People began to notice us, they pointed at us and said: "Those five just came out of that house." Since then we have been living together; it would be a peaceful life if it weren't for the sixth one continually trying to interfere. He doesn't do us any harm, but he annoys us, and that is harm enough; why does he intrude where he is not wanted? We don't know him and don't want him to join us. There was a time, of course, when the five of us did not know one another, either; and it could be said that we still don't know one another, but what is possible and can be tolerated by the five of us is not possible and cannot be tolerated with the sixth one. In any case, we are five and don't want to be six. And what is the point of this continual being together anyhow? It is also pointless for the five of us, but here we are together; a new combination, however, we do not want, just because of our experiences. But how is one to make this clear to the sixth one? Long explanations would almost amount to accepting him in our circle, so we prefer not to explain and not to accept him. No matter how he pouts his lips, we push him away with our elbows, but however much we push him away, back he comes. — Franz Kafka 1. I want to introduce this essay on Edmund Spenser's early modern dialogue View of the Present State of Ireland with a contemporary question influenced by Franz Kafka's epigraph: What are the principles that presuppose an understanding of community? I have purposely stated the question of belonging as "an understanding" rather than "what are the principles that we presuppose as...." After all, who is this we that so easily gathers identity within the common usage? I begin with a question to maintain uncertainty, [End Page 244] which indicates a responsibility to greet the unfamiliar, all the while knowing very clearly that the concept of community naturally presumes some common measure of familiarity. Yet as Kafka's allegory implies: What presupposes the propriety of those familiar experiences we name our own?Spenser's dialogue is undoubtedly challenging, a challenge that has drawn an enormous amount of recent critical analysis from literary critics and historians. Still, a general difficulty persists. Michael Donnelly summarizes the difficulty quite well when he notes that the View is quite "anomalous in the Spenserian oeuvre," a rather strange dialogue that seems uncharacteristic of the poet's humanist image (1). The challenges certainly begin with the troubling difficulties of an argument that concludes with the stark political necessities of enforced famine, massive relocation, and ethnic cleansing. Furthermore, the anxious burden of justifying this dire program expresses itself in a tone that would be thought intemperate even by many of Spenser's contemporaries (McCabe, 116). More important than the dialogue's dire tone of determination, there is a continued resonance of enforced cultural assimilation and genocide that haunts our contemporary world forewarned by arguments of pathology and apartheid. However, a glance at recent political news would indicate that these forewarnings are repeatedly ignored. I believe the challenge that the View evokes dwells in the traditional lineage of the concept of community. Thus, we cannot so easily dismiss Spenser's dialogue as merely an early modern problem; nor can we dismiss it as another diatribe in the long-standing tradition of racial screeds. The political problems that the dialogue engages foreshadow current... (shrink)

This article brings the theological political theory of Oliver O’Donovan to bear on the issue of multiculturalism. O’Donovan’s work provides resources for understanding the dynamics involved in debates over multiculturalism more deeply, and this discussion in turn highlights the central features of O’Donovan’s political theory. O’Donovan’s understanding of government as involving a necessary tension between the requirements of justice and the possibilities afforded by a community’s tradition allows us to properly appreciate the challenge raised by the (...) demand to recognise minority cultures, without abandoning the obligation to do so. This further highlights that the challenge of multiculturalism is first and foremost a social challenge, which can only meaningfully be met through communication. (shrink)

Running throughout the work of Oliver O’Donovan is a discussion of the nature of authority, and its relation to reality, and to freedom. While holding fast to the maxim that authority is the correlate of freedom, O’Donovan’s understanding of authority moves, as a result of his engagement with the nature of political authority, to emphasise the idea of social mediation. This leads, in the most recent works, to a description of authority as an event in which reality is (...) disclosed. Arguably, this formal account does not adequately distinguish the element of practical direction within authority, meaning that it may struggle to explain some ways in which we speak about authority’s presence, and its misuse. However, there may be resources for making this distinction within O’Donovan’s understanding of judgment as an act of moral discrimination with a twofold form. O’Donovan’s is an elegant and economical account of authority, promising to provide a simple analysis that encompasses the peculiarities of authority and illuminates a wide range of phenomena. (shrink)

David Errington brings the Book of Proverbs into discussion with two significant accounts of the nature and foundation of practical reason in Christian ethics: Thomas Aquinas and Oliver O'Donovan. Aiming to set out a coherent account of the structure of Christian moral reasoning, this book provides the first scholarly engagement with Oliver O'Donovan's moral theology. Errington argues that the way the Book of Proverbs conceives of wisdom presents an important challenge to the way practical reason has been understood (...) in the Western theological and philosophical tradition, and that instead a perfection of speculative knowledge, wisdom in the Book of Proverbs is a practical knowledge of how to act well, grounded in the reality of the world God has made. (shrink)

It is generally unquestioned that human subjects research review boards should assess the ethical acceptability of protocols. It says so right on the tin, after all: they are explicitly called research ethics committees in the UK. But it is precisely those sorts of unchallenged assumptions that should, from time to time, be assessed and critiqued, in case they are in fact unfounded. John Stuart Mill's objection to suppressers of dissent is instructive here: “If the opinion is right, they are deprived (...) of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error”.1 Andrew Moore and Andrew Donnelly's compelling article, “The job of ‘ethics committees’”, is just this sort of challenge to conventional wisdom, a rejection of the notion that review boards should be considering ethical matters at all.2 If true, we should be substantially reforming our research ethics policies. And if false, rebuttals would help strengthen and ground the otherwise unquestioned assumption of the role of ethics committees. As it happens, I will argue that their critiques fall into the second category. While mistaken, they present a valuable opportunity to clarify the role of ethics committees and their relationship to relevant codes. In particular, I will defend a hybrid account where codes have strict primacy, but leave significant room for review boards …. (shrink)

In their article, “The job of ‘ethics committees’”, Andrew Moore and Andrew Donnelly argue that current guidance documents provide that institutional research review committees ) perform two different and distinct functions, namely, a regulative review and an ethical review. They argue for separating those functions and for eliminating the ethics review role from IRBs. Instead, they want IRBs to focus exclusively on determining whether research proposals conform to governing regulations. In their argument, Moore and Donnelly correctly (...) note that regulatory requirements and ethical requirements can conflict. That point is correct, but hardly surprising. After all, regulations are general and the research proposals are specific, so an individual proposal may not conform to the general formulation of the rule and yet be consistent with ethics. Thus, a rule may generally be regarded as expressing a relevant moral consideration while providing a conclusion that does not appropriately reflect an ethical determination in the specific case. This inconsistency need not amount to what Moore and Donelly characterise as a ‘repellent’ or an ‘unconscionable’ review decision. Moore and Donnelly are also concerned that IRB decisions may differ from each other in their review of the same proposal. Again, they are correct in recognising that such inconsistent outcomes would be less likely if IRBs were to focus exclusively on whether proposals conformed to the regulations. That said, I reach the opposite conclusion. As I see it, IRBs present us with a good example of when the possibility of inconsistency is a relatively small consideration in comparison to the important values that are served by IRBs considering their protocol reviews in light of ethics and conforming to regulations. Allow me to explain. The authors and endorsers of research ethics …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Principles and Theory in BioethicsPat Milmoe McCarrick (bio)The following citations were selected from BIOETHICSLINE, the online database prepared at the Kennedy Institute of Ethics for the National Library of Medicine's MEDLARS system. Searching the keywords autonomy, beneficence, casuistry, justice, and virtues, as well as the text word principlism produced more than 400 citations. Only the citations concerned with theory and principle in the practice of bioethics are included here—e.g., (...) works about justice in resource allocation have been deleted.Arkes, Hadley V. When Bungling Practice Is Joined to Absurd Theory: Doctors, Philosophers, and the Right to Die. In Set No Limits: A Rebuttal to Daniel Callahan's Proposal to Limit Health Care for the Elderly, ed. Robert L. Barry and Gerard V. Bradley, pp. 31-44. Urbana: University of Illinois Press, 1991.Arnason, Vilhjalmur. Towards Authentic Conversations: Authenticity in the Patient-Professional Relationship. Theoretical Medicine 15 (3): 227-42, September 1994.Arras, John D. Getting Down to Cases: The Revival of Casuistry in Bioethics. Journal of Medicine and Philosophy 16 (1): 29-51, February 1991.Arras, John D. Principles and Particularity: The Role of Cases in Bioethics. Indiana Law Journal 69 (4): 983-1014, Fall 1994.Beauchamp, Tom L. Principles and Other Emerging Paradigms in Bioethics. Indiana Law Journal 69 (4): 955-71, Fall 1994.Beauchamp, Tom L. The Principles Approach. Hastings Center Report 23 (6): S9, November-December 1993.Beauchamp, Tom L., and Childress, [End Page 279] James F. Principles of Biomedical Ethics. 4th ed. New York: Oxford University Press, 1994. 752 p.Beauchamp, Tom L., and Walters, LeRoy. Ethical Theory and Bioethics. In their Contemporary Issues in Bioethics. 4th ed., pp. 1-38. Belmont, CA: Wadsworth, 1994.Beldecos, Athena, and Arnold, Robert M. Gathering Information and Casuistic Analysis. [Commentary]. Journal of Clinical Ethics 4 (3): 241-45, Fall 1993.Bole, Thomas J. The Rhetoric of Rights and Justice in Health Care. In Rights to Health Care, ed. Thomas J. Bole and William B. Bondeson, pp. 1-19. Boston: Kluwer Academic, 1991.Broome, John. Fairness Versus Doing the Most Good. [Commentary]. Hastings Center Report 24 (4): 36-39, July-August 1994.Campbell, Courtney S. Gifts and Caring Duties in Medicine. In Duties to Others, ed. Courtney S. Campbell and B. Andrew Lustig, pp. 181-97. Boston: Kluwer Academic, 1994.Carson, Ronald A.; Callahan, Sidney; Ross, Judith Wilson; and May, William F. Spirit, Emotion, and Meaning: The Many Voices of Bioethics. Hastings Center Report 24 (3): 26-27, May-June 1994.Charlesworth, Max. Bioethics in a Liberal Society. New York: Cambridge University Press, 1993. 172 p.Cherbas, Peter. Paradigms and Our Shrinking Bioethics. Indiana Law Journal 69 (4): 1105-13, Fall 1994.Childress, James F. Ethical Theories, Principles, and Casuistry in Bioethics: An Interpretation and Defense of Principlism. In Religious Methods and Resources in Bioethics, ed. Paul F. Camenisch, pp. 181-201. Boston: Kluwer Academic, 1994.Childress, James F., and Fletcher, John C. Individualism and Community: The Contested Terrain of Respect for Autonomy. Hastings Center Report 24 (3): 34-35, May-June 1994.Clouser, K. Danner, and Gert, Bernard. A Critique of Principlism. Journal of Medicine and Philosophy 15 (2): 219-36, April 1990.Devettere, Raymond J. Clinical Ethics and Happiness. Journal of Medicine and Philosophy 18 (1): 71-89, February 1993.DeGrazia, David. Moving Forward in Bioethical Theory: Theories, Cases, and Specified Principlism. Journal of Medicine and Philosophy 17 (5): 511-39, October 1992.Donnelly, William J. From Principles to Principals: The New Direction in Medical Ethics. [Commentary]. Theoretical Medicine 15 (2): 141-48, June 1994.Downie, Robin. Health Care Ethics and Casuistry. [Editorial]. Journal of Medical Ethics 18 (2): 61-62, 66, June 1992. [End Page 280]DuBose, Edwin R.; Hamel, Ronald P.; and O'Connell, Laurence J., eds. A Matter of Principles? Ferment in U.S. Bioethics. Valley Forge, PA: Trinity Press International, 1994. 381 p.Fox, Renée C. The Entry of U.S. Bioethics into the 1990s: A Sociological Analysis, pp. 21-71.Gudorf, Christine E. A Feminist Critique of Biomedical Principlism, pp.164-81.Campbell, Courtney S. Principlism and Religion: The Law and the Prophets, pp. 182-208.Charon, Rita. Narrative Contributions to Medical Ethics: Recognition, Formulation, Interpretation, and Validation... (shrink)

Mereological principles are sometimes used to support general claims about the structure and arrangement of objects in the world. I focus initially on one such mereological principle, the weak supplementation principle (WSP). It is not obvious that (WSP) is prescribed by ordinary thinking about parthood. Further, (WSP) is not needed for a fairly strong formal characterization of the part–whole relation. For these reasons, some arguments relying on (WSP) might be countered by simply denying (WSP). I argue more generally that there (...) is no reason to assume that one core mereology functions as a common basis for all plausible metaphysical theories. (shrink)

In this paper, I focus on three issues intertwined in current debates between endurantists and perdurantists—(i) the dimension of persisting objects, (ii) whether persisting objects have timeless, or only time-relative, parts, and (iii) whether persisting objects have proper temporal parts. I argue that one standard endurantist position on the first issue is compatible with standard perdurantist positions on parthood and temporal parts. I further argue that different accounts of persistence depend on the claims about objects' dimensions and not on the (...) auxiliary claims about parthood and temporal parts. (shrink)

The purpose of this paper is to examine the linkages and relationships between the officially prescribed school ethos and that which emerges from social interaction. Qualitative data drawn from one Grant-Maintained-Integrated and one Catholic primary school in Northern Ireland show how school ethos, defined as the observed practices and interactions of school members, often departs considerably from school ethos defined as those values and beliefs which the school officially supports. On the basis of the data it is argued that much (...) of what we understand of school ethos is superficial and contradictory. With this in mind the paper concludes by presenting a new angle on ethos which, when taken in conjunction with the other perspectives, further enhances our understanding of how schools work. (shrink)

Standard theories in mereotopology focus on relations of parthood and connection among spatial or spatio-temporal regions. Objects or processes which might be located in such regions are not normally directly treated in such theories. At best, they are simulated via appeal to distributions of attributes across the regions occupied or by functions from times to regions. The present paper offers a richer framework, in which it is possible to represent directly the relations between entities of various types at different levels, (...) including both objects and the regions they occupy. What results is a layered mereotopology, a theory which can handle multiple layers (analogous to the layers of a lasagna) of spatially or spatiotemporally coincident but mereologically non-overlapping entities. (shrink)

An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' (...) intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts. (shrink)

I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, international society (...) constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years. (shrink)

This article offers a conceptual analysis of human rights, a brief account of their historical evolution, and an introduction to some leading theoretical controversies. It discusses the source and substance, the justification, and the duty-bearers of human rights. It suggests that we must be careful not to exaggerate the place of human rights in our political practices because while it prioritizes the rights of individuals, it also draws attention away from the legitimate interests and claims of states, societies, and families.

Canada has recently published a new Clinical Practice Guideline on the diagnosis and management of brain death. It states that consent is not necessary to carry out the interventions required to make the diagnosis. A supporting article not only sets out the arguments for this but also contends that ‘UK laws similarly carve out an exception, excusing clinicians from a prima facie duty to get consent’. This is supplemented by the claim that recent court decisions in the UK similarly confirm (...) that consent is not required, referencing two judgements in _Battersbee_. We disagree with the authors’ interpretation of the law on consent in the UK and argue that there is nothing in _Battersbee_ to support the conclusion that consent to testing is not necessary. Where there is a disagreement about testing for brain death in the UK, court authorisation is required. (shrink)

There has been a noticeable thanatological turn in philosophy since the mid-1970s, and this study in analytic metaphysics is a splendid tribute to death as the muse of philosophy.

The prime number theorem, established by Hadamard and de la Vallée Poussin independently in 1896, asserts that the density of primes in the positive integers is asymptotic to 1/ln x. Whereas their proofs made serious use of the methods of complex analysis, elementary proofs were provided by Selberg and Erdos in 1948. We describe a formally verified version of Selberg's proof, obtained using the Isabelle proof assistant.

The relationship between students and higher education is seen to have become increasingly transactional. We approach the study of the student–HE relationship in a novel way, by focusing on students’ behaviour post-university, rather than on student narratives. Conceptually, the article builds on multidimensional views of student engagement and the differentiation between psychological transactional contracts – where students who achieve better academic results are more likely to donate – and relational contracts – where students donate more following engagement in social experiences. (...) Making use of longitudinal data on donation behaviour from over 50,000 alumni from an English university over two decades, we find that while students who get better degree outcomes are more likely to donate, the association between participation in social experiences and donations is much stronger. This questions prevalent transactional models of HE and underlines the limitations of purely consumerist views of the relation between students and higher education institutions, even in the marketized UK context. (shrink)

The increasing number of immigrants in Canada has led to more nursing students for whom English is an additional language (EAL). Limited language skills, cultural differences, and a lack of support can pose special challenges for these students and the instructors who teach them. Using a qualitative research methodology, in‐depth interviews with fourteen EAL nursing students and two focus group interviews with nine instructors were conducted. In this paper, the instructors' perspectives are presented. Data acquired from the instructors suggest that (...) the challenges experienced by EAL students and instructors reside in a lack of awareness and support at the institutional and structural levels rather than solely on capacities of individual EAL students or instructors. From this study, identification of supportive activities for nurse educators and education sector decision makers emerged. (shrink)