The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some studies the Institutional (...) Review Board/Research Ethics Committee review process should not assess the practicality of gaining consent for data use. Instead the review process should focus on assessing the public good of the research, public engagement and transparency. (shrink)

The concept of ‘ownership’ is increasingly central to debates, in the media, health policy and bioethics, about the appropriate management of clinical data. I argue that the language of ownership acts as a metaphor and reflects multiple concerns about current data use and the disenfranchisement of citizens and collectives in the existing data ecosystem. But exactly which core interests and concerns ownership claims allude to remains opaque. Too often, we jump straight from ‘ownership’ to ‘private property’ and conclude ‘the data (...) belongs to the patient’. I will argue here that private property is only one type of relevant relationship between people, communities and data. There are several reasons to doubt that conceptualising data as private property presents a compelling response to concerns about clinical data ownership. In particular I argue that clinical data are co-constructed, so a property account would fail to confer exclusive rights to the patient. A non-property account of ownership acknowledges that the data are ‘about the patient’, and therefore the patient has relevant interests, without jumping to the conclusion that the data ‘belongs to the patient’. On this broader account of ownership, the relevant harm is the severing of the connection between the patient and their data, and the solution is to re-engage and re-connect patients to the data research enterprise. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

There is an alleged tension between undue inducement and exploitation in research trials. This paper considers claims that increasing the benefits to research subjects enrolled in international, externally-sponsored clinical trials should be avoided on the grounds that it may result in the undue inducement of research subjects. This article contributes to the debate about exploitation versus undue inducement by introducing an analysis of the available empirical research into research participants' motivations and the influence of payments on research subjects' behaviour and (...) risk assessment. Admittedly, the available research in this field is limited, but the research that has been conducted suggests that financial rewards do not distort research subjects' behaviour or blind them to the risks involved with research. Therefore, I conclude that research sponsors should prioritise the prevention of exploitation in international research by providing greater benefits to research participants. (edited). (shrink)

When we evaluate artworks, we often point to what an artist could have done or what a work could have been in order to say something about the work as it actually is. Call this counterfactual reasoning in art criticism. On my account, counterfactual claims about artworks involve comparative aesthetic judgments between actual artworks and hypothetical variations of those works. The practice of imagining what an artwork could have been is critically useful because it can help us understand how artworks (...) achieve specific aesthetic effects. I conclude by responding to an objection to my account on the basis that it violates the widely accepted acquaintance principle in aesthetics, on which aesthetic judgments must be based on firsthand perceptual encounters with their objects. (shrink)

In their response to ‘Public interest in health data research: laying out the conceptual groundwork’, Grewal and Newson critique us for inattention to the law and putting forward an impracticably broad conceptual understanding of public interest. While we agree more work is needed to generate a workable framework for Institutional Review Boards/Research Ethics Committees, we would contend that this should be grounded on a broad conception of public interest. This broadness facilitates regulatory agility, and is already reflected by some current (...) frameworks such as that found in the guidelines approved under Australia’s Privacy Act. It remains unclear which elements of our broad account Grewal and Newson would reject, or indeed where the substantive disagreement with our position lies. (shrink)

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or social status (...) then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above. (shrink)

We single out an alternative, strict interpretation of the Einstein-Podolsky-Rosen criterion of reality, and identify the implied extensions of quantum correlations. Then we prove that the theorem of Bell, and the non-locality theorems without inequalities, fail if the new extensions are adopted. Therefore, these theorems can be interpreted as arguments against the wide interpretation of the criterion of reality rather than as a violation of locality.

There is increasing global pressure to ensure that pregnant women are responsibly and safely included in clinical research in order to improve the evidence base that underpins healthcare delivery during pregnancy. One supposed barrier to inclusion is the assumption that pregnant women will be reluctant to participate in research. There is however very little empirical research investigating the views of pregnant women. Their perspective on the benefits, burdens and risks of research is a crucial component to ensuring effective recruitment. The (...) Research In Pregnancy Ethics study set out to ascertain the views of pregnant women about research participation using an inductive thematic analysis. We conducted semi-structured interviews with 20 women who had participated in a double-blind randomised placebo controlled trial in Wellington while pregnant. Our results show that at least some pregnant women recognise the value and importance of research during pregnancy. The women we interviewed were deeply invested in the research process and outcomes. Key motivations for participating were altruism, playing a valuable civic role and the importance of research. The main perceived burdens related to inconvenience and time commitment. For some women, possible randomization to the placebo arm was regarded as a burden or disadvantage. (shrink)

Resumen: Esta exposición intenta comprender las formas culturales de comunicación y fijación mnémica en una narración específica que Davi Kopenawa, chamán Yanomami, expone al antropólogo Bruce Albert, en virtud de los modos de existencia amazónicos, refiriéndose en particular a la intensidad de los espíritus selváticos y a la experiencia chamánica con los mundos espirituales. En el contexto de una extensión vegetal dispersa y sobresaliente, afirmamos una sociabilidad cotidiana en el marco de una “ética respetuosa o amorosa” entre todas las formas (...) de vida, expresada estéticamente en formas significantes y transportadoras de emociones desarrolladas por la cosmología amazónica. Para ello utilizamos las nociones que Aby Warburg emplea en su estudio de la cultura de las imágenes, en tanto curso por el que estas pueden entenderse como organismos vivientes susceptibles a transformación, preservando su propia biología en la trasmisión codificada de la memoria.: This exhibition tries to understand the cultural forms of communication and mnemic fixation in a specific narrative that Davi Kopenawa, Yanomami shaman, exposes to the anthropologist Bruce Albert, by virtue of Amazonian modes of existence, especially referring to the intensity of jungle spirits and experience Shamanic with spiritual worlds. In the context of a dispersed and outstanding plant extension, we affirm a daily sociability within the framework of a “respectful or loving ethic” among all life forms, aesthetically expressed in significant and transporting forms of emotions developed by Amazonian cosmology. For this we use the notions that Aby Warburg uses in his study of the culture of images, as a course by which they can be understood as living organisms susceptible to transformation, preserving their own biology in the coded transmission of memory. (shrink)

Scientific realism is a thesis about the success of science. Most traditionally: science has been so successful at prediction and guiding action because its best theories are true (or approximately true or increasing in their degree of truth). If science is in the business of doing its best to generate true theories, then we should turn to those theories for explanatory knowledge, predictions, and guidance of our actions and decisions. Views that are popular in contemporary philosophy of science about scientific (...) modeling and the centrality of idealization create several challenges for this traditional form of scientific realism. Yet the basic idea behind scientific realism that science has been and will continue to be epistemically successful is deeply appealing. This chapter explores the challenges posed by idealization and scientific modeling to motivate a scientific realism fully divorced from the idea that science is in the business of generating true theories. On the resulting view, the objects of scientific knowledge are causal patterns, so this knowledge only ever provides partial, simplified accounts of a complex reality. This variety of selective realism better accommodates the nature of our present-day scientific successes and offers an interpretation of scientific progress that resists the antirealist’s pessimism. (shrink)

In his chapter in this volume, Christopher Pincock develops an argument for scientific realism based on scientific understanding, and he argues that Giere’s (2006) and my (2017, 2020) commitment to the context-dependence of scientific understanding or knowledge renders our views unable to account for an essential step in how scientists come to know. Meanwhile, in my chapter in this volume, I motivate a view that I call "causal pattern realism." In this response to Pincock's chapter, I will sketch a revised (...) version of Pincock’s argument for realism that is consistent with causal pattern realism. Then I will respond to Pincock’s concern that the context-dependence of understanding on my view would interfere with the scientific community’s ability to extrapolate from specific experimental and observational contexts as needed to develop knowledge. My goal is not to convince anyone to be a causal pattern realist but rather to create the space for such a view, taking into account the concerns motivating Pincock. (shrink)

In recent years, scholars of Machiavelli have dedicated closer attention to, on one hand, the role played by tumults, and the presence of the language of jurisprudence in his work. Until now, these two readings of Machiavelli have never intersected. This essay aims to show to what extent the language of jurisprudence was present in Machiavelli’s writings on tumults both in his early works, and above all in the Florentine Histories. Starting from Machiavelli’s analysis of the Valdichiana rebellion (1503), the (...) first part of the essay deals with ‘rebellion’ as a legal and political issue, as a specific case of the crime of lese majesty, discussed among civil and canon lawyers from commentaries on the famous imperial laws of Henry VII (1313) up through some legal consilia written in defense of Lorenzo de’ Medici and the city of Florence in relation to the Pazzi Conspiracy (1478), as well as first treatise dedicated specifically to the subject of seditions by a French jurist (1515). The essay’s second part considers the famous speech of the anonymous Ciompo in the third book of the Florentine Histories, and analyses a passage commonly overlooked by scholars : “When many err, no one is punished”. The essay shows that in this passage Machiavelli used a juridical principle, a regula iuris, which was certainly controversial and very frequently not accepted, but theoretically admitted as such. In concluding, the essay proposes some possible paths for further researchs. (shrink)

En este artículo se desarrolla una reflexión acerca del suicidio hetero-referido o no-personal. Se lo analiza en tanto forma de voluntad e instrumento de presión política que tensiona críticamente los modos en que se organiza la vida en nuestras sociedades. Se indaga en el potencial de contra-soberanía que supone en tanto intenta desactivar el poder al que se enfrenta. Se tematiza cierta ética de la pasividad que surge en esta acción y se examina la lógica que recorre el acto de (...) darse muerte. Finalmente, el artículo contribuye a complejizar el debate en torno al suicidio hetero-referido en tanto se destacan sus límites y potencialidades, así como las paradojas que plantean a nuestras democracias liberales las diversas demandas de grupos minorizados. (shrink)

We agree with the author's working model, but we suggest that (a) the classical distinction between fast and slow processes as separable processes can be softened, and (b) human performance might result from an interplay between fast and slow processing and these processes may be mediated by systems that evolve to satisfy the need for operation in a complex environment.

This is a report on the Doctoral Consortium co-located with the 17th International Conference on Artificial Intelligence and Law in Montreal.

The Pathways Commission calls on accounting educators to develop students’ skills in ethical judgment and decision making, but there is uncertainty about how best to accomplish this task. We test if participation in Volunteer Income Tax Assistance programs is positively associated with students’ ethical judgment and decision making. Using a questionnaire administered to students participating in VITA and students not participating in VITA at seven universities, we form multiple measures of students’ ethical judgment and students’ ethical decision making. Regression analyses (...) reveal that VITA participation is positively and significantly associated with ethical judgment and, in certain cases, is also positively and significantly associated with ethical decision making, even after controlling for other determinants including completion of ethics courses. We conclude that VITA programs can be effective educational interventions to promote ethical development in students. Our study adds to the growing literature on positive student outcomes associated with VITA participation, provides empirical evidence to support the tenets of situated learning and service-learning theories, and contributes to the development of effective ethics education. (shrink)

This paper uses the advent of human-animal hybrids, created though somatic cell nuclear transfer experiments in America and Australia, as a tool to deconstruct and challenge the dualistic belief that humans are morally distinct and superior to animals. The view that moral value corresponds to species membership creates a scientific and cultural environment that prohibits or restricts human embryo experimentation whilst permitting the extensive use of animals for research. The dualistic premise therefore motivates the creation of human-animal hybrids for research (...) as a way for scientists to side-step restrictive legislation. Furthermore, ethical frameworks that incorporate the dualistic assumption have been incapable of objectively assessing the moral value of hybrid embryos. This failure indicates the arbitrariness of the moral dichotomy between animals and humans. Moral dualism, based on species membership, should be replaced with a liberal ethical framework based on a consistent standard such as interests. (shrink)

This paper is about Hume on the impact of space and time on probability judgements and the passions. Hume's approach to probability judgements in space-time may be considered a precursor to recent work on the cognitive psychology of decision-making. When it comes to the passions, Hume’s observations on the effect of distance in time in particular can be compared to discussions of temporal discounting, central in disciplines such as behavioral economics, neuroscience, psychology, environmental policy, and recent debates in experimental psychology (...) and philosophy over future bias. (shrink)

Sarat Colling's Animal Resistance in the Global Capitalist Era confronts an issue vastly disregarded by activists and animal advocates, an issue that ultimately leads to the constant reaffirmation of logocentrism and human exceptionalism. Assuming that other-than-human animals do not have their own voices and a main role in their struggles for liberation constitutes what Colling names "savior narratives," a very common discourse even among those who care for the more-than-human world. In fact, other-than-human animals are seen, not rarely, as beings (...) without a language of their own, which places them in a misleading position of dependency in relation to humans. Against this background, Colling's book lucidly... (shrink)

La idea social de infancia, y la propia experiencia de ser niño o niña está interpelada en nuestros días por las mediaciones digitales en las relaciones. Es usual referirse a las nuevas generaciones como “digitales”, o particularmente como nativos digitales. Se habla de nuevas infancias en virtud del modo en que manejan las tecnologías y se plantea la idea de que la diferencia entre las generaciones adultas y jóvenes está epocalmente trastocada o invertida en una época definida como “era digital”. (...) El mandato pedagógico es, a nivel discursivo, “incluir” o “incorporar” tecnologías en la enseñanza. En este artículo nos interesa explorar la relación entre infancias y tecnologías más allá del territorio demarcado por estos discursos instrumentalistas y de cierto determinismo tecnológico, que nos proponemos poner en cuestión a partir de los avances iniciales de una investigación en curso. Nos planteamos como preguntas orientadoras: ¿cómo se re-configura la experiencia de ser niño o niña en una cultura atravesada por las tecnologías y medios digitales? ¿Cómo puede pensarse el lugar de la escuela en el marco de estas transformaciones? Se concluye subrayando algunas formas de resistencia ante los aspectos alienantes de la cultura digital que pueden pensarse como uno de los desafíos pedagógicos y políticos que se abren ante la escuela en nuestros días. (shrink)

Proceedings of a forum held in Austin, Tex., on Mother's Day, 1996.