Volume 23, Issue 3-4, November - December 2024, Page 219-244.

On September 27, 2016 people across the world looked down at their buzzing phones to see the AP Alert: “Baby born with DNA from 3 people, first from new technique.” It was an announcement met with confusion by many, but one that polarized the scientific community almost instantly. Some celebrated the birth as an advancement that could help women with a family history of mitochondrial diseases prevent the transmission of the disease to future generations; others held it unethical, citing medical (...) tourism and consequences for the future of the therapy. The child in question was actually born a few months earlier on April 6, 2016, but the research was published a few months later in the October edition of Fertility and Sterility. The mother carries DNA that could have given the baby Leigh Syndrome, a severe neurological disorder characterized by psychomotor regression that typically results in death between ages two and three.[1] Also known as subacute necrotizing encephalomyelopathy, Leigh Syndrome is caused by genetic mutations in mitochondrial DNA, which causes defective oxidative phosphorylation. Because people with this condition cannot re-form ATP, “demyleniation, gliosis, necrosis, spongiosis, or capillary proliferation”[2] can occur, thereby producing bilateral lesions across the central nervous system. The 36-year-old mother previously had four miscarriages and successfully birthed two children, both of whom survived less than six years due to the syndrome. For religious reasons, the mother opted for Spindle Nuclear Transfer instead of Pronuclear Transfer,[3] which many religious organizations oppose because it entails the destruction of fertilized eggs.[4] In Pronuclear Transfer, both the parent and donor egg are fertilized. The parent’s nuclear material is then removed from the egg containing mutated mitochondria and inserted into the fertilized donor egg—from which the original nuclear material has been removed and destroyed. Spindle Nuclear Transfer, on the other hand, removes the mother’s nuclear material from the egg with unhealthy mitochondria, then implants it into a donor’s egg. The newly created egg is then fertilized with the father’s sperm. This Spindle Nuclear Transfer was performed in Mexico by a team of doctors led by Dr. John Zhang, the founder of the New Hope Fertility Center in New York City. In their report, the doctors outline that five oocytes were successfully reconstituted, four of which developed into blastocysts. Only one was euploid: containing 46 XY chromosomes. Researchers then biopsied that blastocyst and found that the transmission rate of maternal mtDNA was, “5.10 ± 1.11% and the heteroplasmy level for 8993T>G was 5.73%.”[5] This indicates that at the blastocyst stage, around five percent of the mitochondria are from the original maternal egg with the mutation for Leigh Syndrome. After birth, they biopsied different tissues and found that they had an average of less than 1.60 ± 0.92% of transmitted mtDNA from the original maternal egg. The baby is reportedly doing well and the team of doctors concluded that “[h]uman oocytes reconstituted by SNT are capable of producing a healthy live birth. SNT may provide a novel treatment option in minimizing pathogenic mtDNA transmission from mothers to their babies."[6] Even when considered theoretically, Spindle Nuclear Transfer is controversial. Many doctors believe that the risks at this stage of research are too great. Dr. Trevor Stammers, a bioethicist at St. Mary’s University in London, points out: “We do not yet have a clear picture of the interaction between nuclear DNA and mitochondria.”[7] Others hold that faulty mitochondrial DNA can still be transferred during the procedure. Still more argue this technology could create problems because of germline modification.[8] Dr. Paul Knoepfler, a cell biologist at the UC Davis School of Medicine, explains: “Since this is uncharted territory and the children born from this technology would have heritable genetic changes, there are also significant unknown risks to future generations.”[9] However, proponents counter these arguments. They say the benefits outweigh the risks, as “mitochondrial replacement techniques [like Spindle Nuclear Transfer] would eliminate maternal transmission of mitochondrial disease… allowing a woman with a family history of mitochondrial diseases to ensure her children would not be affected.”[10] Additionally, experts say that no symptoms will occur if less than 20% of the transferred mitochondrial DNA is faulty.[11] And while opponents see potential germline modification as a problem, advocates answer that this could stop a family history of mitochondrial disease, which they deem a more serious concern. In this case specifically, however, there are more issues at hand. While the team of doctors did eliminate the possibility of germline modification by selecting a male embryo, there are other ethical concerns. Some argue that this case could be described as “medical tourism.” While New Hope Medical Clinic does maintain a branch in Mexico, Dr. Zhang stated that Mexico has “no rules.”[12] It is a country with underdeveloped regulations, making it difficult to confirm that doctors adhere to widely-held medical and ethical standards. Furthermore, while it is highly unlikely that the child will develop Leigh’s Syndrome, Dr. Dietrich Egli of the New York Stem Cell Foundation says the 5% mitochondrial transfer rate indicates that the technique “was not carried out well.”[13] He points to studies of embryos where the rate of mtDNA transfer was almost ten times lower. Spindle Nuclear Transfer is currently legal in the UK,[14] and many are hoping to see it legalized in the US, although Congress currently prohibits the FDA from considering applications that would entail trials in people.[15] While Dr. Zhang’s work is arguably revolutionary, many wonder if the manner in which this study was performed—in Mexico and with a high mitochondrial transfer rate—will impact the technology’s future in the US. Last week, Dr. Zhang presented the report to scientists gathered in Salt Lake City, saying that while science isn’t a race, it is “in a sense, a race for the family to find a cure, to find hope.”[16] Only time will tell if this study set back other families racing and hoping for a cure. References 1. "Leigh Syndrome." Genetics Home Reference, US National Library of Medicine, 25 Oct. 2016. Accessed 26 Oct. 2016. 2. McKusick, Victor A., and Ada Hamosh. "LEIGH SYNDROME; LS." Online Mendelian Inheritance in Man, Johns Hopkins University, 20 Jan. 2016. Accessed 30 Oct. 2016. 3. Zhang, J, H Liu, S Luo, A Chavez-Badiola, and Z Liu. "First live birth using human oocytes reconstituted by spindle nuclear transfer for mitochondrial DNA mutation causing Leigh syndrome." Fertility and Sterility, vol. 106, no. 3, 2016, pp. e375-76. Accessed 30 Oct. 2016. 4. Sample, Ian. "‘Three-parent’ babies explained: what are the concerns and are they justified?" The Guardian, 2 Feb. 2015. Accessed 30 Oct. 2016. 5. Zhang, et al. 6. Ibid. 7. Knapton, Sarah. "Three-parent babies: the arguments for and against." The Telegraph, 3 Feb. 2015. 8. Ibid. 9. Ibid. 10. "Mitochondrial Replacement Therapy FAQs." New York Stem Cell Foundation Research Institute, New York Stem Cell Foundation. Accessed 30 Oct. 2016. 11. Reardon, Sara. "‘Three-parent baby’ claim raises hopes — and ethical concerns." Nature, 28 Sept. 2016. Accessed 30 Oct. 2016. 12. Hamzelou, Jessica. "Exclusive: World’s first baby born with new “3 parent” technique." New Scientist, 27 Sept. 2016. Accessed 30 Oct. 2016. 13. Reardon, Sara. "‘Three-parent baby’ claim raises hopes — and ethical concerns." Nature, 28 Sept. 2016. Accessed 30 Oct. 2016. 14. "3-Person IVF: A Resource Page." Center for Genetics and Society, 24 Oct. 2016. Accessed 30 Oct. 2016. 15. Ritter, Malcolm. "Baby born with DNA from 3 people, first from new technique." Associated Press, 27 Sept. 2016. Accessed 30 Oct. 2016. 16. Chen, Daphne. "Controversy swirls around first three-parent baby." Deseret News, 19 Oct. 2016. Accessed 30 Oct. 2016. Works consulted Swetlitz, Ike. "FDA urged to approve ‘three-parent embryos,’ a new frontier in reproduction." STAT, 3 Feb. 2016. Accessed 30 Oct. 2016. (shrink)

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed HPE (...) application can serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Healing Power of an Ethics ConsultLaura J. HoeksemaOur interdisciplinary team was inhaling and exhaling conflict, frustration, anger, confusion, guilt, and feelings of helplessness as we cared for a 21-year-old woman who was dying. We had regular disagreements about how our team should best care for her. She was receiving hospice care and had complex medical, psychosocial, physical, and emotional needs. She was frequently transitioning between hospice care at (...) home, living with different family members at different times, and hospice care in the hospital due to uncontrolled symptoms. This led to her having an inpatient hospice team made up of me—her physician—and a nurse, social worker, and chaplain and also an outpatient hospice team with a different physician, nurse, social worker, and chaplain. All of us cared for her regularly in our respective settings. Members of the two care teams advocated passionately for what they thought was best for her. At times, team members were advocating strongly for conflicting interventions. Every member of both teams experienced moral distress related to some aspect of her care.How could we move forward in a unified way to provide her with the best care possible when there was uncertainty and disagreement within the teams about whether we were providing her with ethically appropriate care?Several questions arose about her care:• What is our responsibility in protecting a vulnerable patient when there is concern she’s being taken advantage of by others?• How do we address concerns about possible opioid diversion? Was a dying patient not receiving the pain medication she needed because someone else was using it?• How do we address household members smoking in the presence of someone on oxygen?• Do we honor a dying patient’s wish to live in an environment that we’re concerned is unsafe for her and our staff?• When team members receive contradictory information from a patient, how do we develop a common understanding of the situation?• Was it appropriate for our team to spend hours and hours caring for her each day which prevented us from caring for other patients who also needed our support?• What is our responsibility in relation to supporting her family with their financial and legal concerns?We placed an ethics consult to help us think through the answers to these questions and address the intense moral distress of team members. After listening to us share our experiences, the ethicists acknowledged the complexities of caring for her and affirmed that we were doing a good job. This acknowledgment from someone not directly involved in caring for the patient was meaningful. Having colleagues, who weren’t impacted by the emotional intensity of caring for her, empathize with us helped us gain some perspective in the swirling tornado of our emotions.Moral distress was running rampant. Some team members were distressed that we were giving the patient too much autonomy to make decisions they felt put her at risk. Others felt we should restrict her autonomy significantly to protect her. Some were distressed by family members smoking near her when she was on oxygen. Others were distressed that the investment of time in caring for her was so great that we couldn’t care for other patients in ways they deserved. Team members were very passionate about their beliefs about what was right and wrong as we cared for her. [End Page 21]The ethics consultants addressed the conflicting ethical values and helped us feel more comfortable with the plan of care we developed together. We were asked thoughtful questions to help draw out sources of moral distress. We were given new ways of thinking about conflicting ethical values, which helped us understand the underlying reasons for the conflict our team was experiencing. Highlighting the ethical values that were in conflict and helping each of us understand that the specific aspects of her care that we found distressing were related to our personal values, helped decrease the intensity of disagreements and frustration. The ethicist’s ability to share this knowledge with our team was powerful. Our team realized that we weren’t frustrated or upset with each other. We came to understand that because of the... (shrink)

Suicide is a public health problem which will require an integrated cross-sector approach to help reduce prevalence rates. One strategy is to include the legal system in a more integrated way with suicide prevention efforts. Caine explored a public health approach to suicide prevention, depicting risk factors across the socio-ecological model. The purpose of this paper is to examine laws that impact suicide prevention at the individual, relational, community, and societal levels. These levels are fluid, and some interventions (...) will fall between two, such as a community-level approach to training that enhances provider-patient relationships. At the individual level, we will review laws to improve screening requirements across systems. At the relational level, we note interventions with couples having conflict, such as protection orders and access to attorney consultations, which have been known to be injury prevention mechanisms. At the community level, we discuss legislation that recommends suicide prevention efforts for key individuals working as frontline providers in the medical and educational systems. At the societal level, we explore public awareness campaigns that target stigma reduction for those suffering from mental health burden and enhance linkage to care. The article closes with the discussion that laws are good, but their implementation is essential. (shrink)

BackgroundHIV molecular epidemiology is increasingly recognized as a vital source of information for understanding HIV transmission dynamics. Despite extensive use of these data-intensive techniques in both research and public health settings, the ethical issues associated with this science have received minimal attention. As the discipline evolves, there is reasonable concern that existing ethical and legal frameworks and standards might lag behind the rapid methodological developments in this field. This is a follow-up on our earlier work that applied a predetermined (...) analytical framework to examine the perspectives of a sample of scientists from the fields of epidemiology, public health, virology and bioethics on key ethical issues associated with HIV molecular epidemiology in HIV network research.MethodsFourteen in-depth interviews were conducted with scientists from the fields of molecular epidemiology, public health, virology and bioethics. Inductive analytical approaches were applied to identify key themes that emerged from the data.ResultsOur interviewees acknowledged the potential positive impact of molecular epidemiology in the fight against HIV. However, they were concerned that HIV phylogenetics research messages may be incorrectly interpreted if not presented at the appropriate level. There was consensus that HIV phylogenetics research presents a potential risk to privacy, but the probability and magnitude of this risk was less obvious. Although participants acknowledged the social value that could be realized from the analysis of HIV genetic sequences, there was a perceived fear that the boundaries for use of HIV sequence data were not clearly defined.ConclusionsOur findings highlight distinct ethical issues arising from HIV molecular epidemiology. As the discipline evolves and HIV sequence data become increasingly available, it is critical to ensure that ethical standards keep pace with biomedical advancements. We argue that the ethical issues raised in this study, whether real or perceived, require further conceptual and empirical examination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 3.2 (1996) 139-142 Concurrent Contents: Recent and Classic References at the Interface of Philosophy, Psychiatry, & Psychology Articles Abramowitz, S., C. Abramowitz, C. Jackson et al. 1973. The politics of clinical judgment. Journal of Consulting and Clinical Psychology 41: 385-391.Audi, R. N. 1972. Psychoanalytic explanation and the concept of rational action. The Monist 56: 444- 464.Barondess, J. A. 1979. Disease and illness--a crucial distinction. American (...) Journal of Medicine 66: 375-376.Barrett, R. J. 1988. Interpretations of schizophrenia. Culture, Medicine and Psychiatry 12: 357-388.Bechtel, W. 1993. The case for connectionism. Philosophical Studies 7: 119-154.Belzen, J. A. 1995. The impact of phenomenology on classical psychiatry: Rümke's position between Jaspers and Kraepelin. History of Psychiatry 6: 349-385.Benda, C. E. 1967. Neuroses of conscience. Journal of Existentialism 7: 425-442.Binns, P. 1995. Commentary on "Contentless consciousness." Philosophy, Psychiatry, & Psychology 2: 61-63.Blankenburg, W. 1980. Phenomenology and psychopathology. Journal of Phenomenological Psychology 11: 50-78.Bloomfield, T. M. 1979. Psychoanalysis: A human science? Journal for the Theory of Social Behavior 9: 271-287.Blumenfeld, D. 1972. Free action and unconscious motivation. The Monist 56: 426-443.Boudreaux, G. 1977. Freud on the nature of unconscious mental processes. Philosophy of the Social Sciences 7: 1-32.Bracken, P. J. 1995. Beyond liberation: Michael Foucault and the notion of a critical psychiatry. Philosophy, Psychiatry, & Psychology 2, no. 1: 1-13.Brazier, M. 1995. Commentary on "Who should be committable?." Philosophy, Psychiatry, & Psychology 2, no. 1: 49-50.Bursztajn, J., and A. Brodsky. 1995. Authenticity and autonomy in the managed-care era: Forensic psychiatric perspectives. Journal of Clinical Ethics 5, no. 3: 237-242.Byrnes, J. F. 1979. Suggestions on writing the history of psychological data. History and Theory 16: 297-305.Campbell, E. J., J. G. Scadding, and R. J. Roberts. 1979. The concept of disease. British Medical Journal 2: 757-762.Carveth, D. 1988. In reply to Eagle's reply on "The epistemological foundations of psychoanalysis." Philosophy of the Social Sciences 18: 377-378.Chadwick, R. F. 1995. Commentary on "Karl Jaspers and Edmund Husserl." Philosophy, Psychiatry, & Psychology 2, no. 1: 83-84.Christiansen, B. 1964. The scientific status of psychoanalytic clinical evidence (III). Inquiry 7: 47-79.Davis, M. 1987. Realistic utilitarianism and the social conditions of cognitive psychotherapy. Social Theory & Practice 13: 237-259.Dega, W., et al. 1978. Ethics and mental health: Discussion. Dialectics and Humanism 5: 219-235.Dingle, H. 1949. The logical status of psycho-analysis. Analysis 9: 63-66.Dupeau, J. 1977. Freud and degeneracy. Diogenes Spring: 43-64.Eagle, M. 1988. A reply to Carveth's "The epistemological foundations of psychoanalysis. Philosophy of the Social Sciences 18: 371-375.Elevitch, B. 1974-75. Reasons, motives and psychoanalysis. Philosophical Forum (Boston) 6: 143- 162.Elliot, P. 1995. Policies, identity, and social change: Contested grounds in psychoanalytic feminism. Hypatia 10: 41-55.Fabrega Jr, H. 1980. The position of psychiatric illness in biomedical theory: A cultural analysis. Journal of Medicine and Philosophy 5: 145-168.Fisk, G. 1993. Accreditation of psychotherapists. British Journal of Hospital Medicine 50: 437-438.Flynn, B. G. 1985. Reading Habermas reading Freud. Human Studies 8: 57-76.Forrow, L., R. M. Arnold, and J. Frader. 1991. Teaching clinical ethics in the residency years--preparing competent professionals. Journal of Medicine and Philosophy 16: 93-112.Friedman, M. 1982. Philosophical anthropology and psychotherapy. Philosophical Context 12: 9-19.Galdston, I. 1969. The ontologic foundations of morality. Existential Psychiatry 7: 69-75.Gardner, S. 1995a. Commentary on "Irrationality and the dynamic unconscious." Philosophy, Psychiatry, & Psychology 2, no. 2: 175-176.Gardner, S. 1995b. Psychoanalysis, science, and commonsense. Philosophy, Psychiatry, & Psychology 2, no. 2: 93-113.Handelsman, M. M. et al. 1995. Does legally mandated consent to psychotherapy ensure ethical appropriateness? The Colorado experience. Ethics and Behavior 5, no. 2: 119-129.Hanlon, M. D. 1977. Commentary on Dunham's "Psychiatry, Sociology and Civil Liberties." Values and Ethics in Health Care 2: 275-278.Heaton, J. M. 1972. Insight in... (shrink)

The American Society for Bioethics and the Humanities (ASBH) issued its Core Competencies for Health Care Ethics Consultation just as it is becoming ever clearer that secular ethics is intractably plural and without foundations in any reality that is not a social–historical construction (ASBH Core Competencies for Health Care Ethics Consultation , 2nd edn. American Society for Bioethics and Humanities, Glenview, IL, 2011 ). Core Competencies fails to recognize that the ethics of health care ethics consultants is not ethics in (...) the usual sense of a morally canonical ethics. Its ethics is the ethics established at law and in enforceable health care public policy in a particular jurisdiction. Its normativity is a legal normativity, so that the wrongness of violating this ethics is simply the legal penalties involved and the likelihood of their being imposed. That the ethics of ethics consultation is that ethics legally established accounts for the circumstance that the major role of hospital ethics consultants is as quasi-lawyers giving legal advice, aiding in risk management, and engaging in mediation. It also indicates why this collage of roles has succeeded so well. This article shows how moral philosophy as it was reborn in the 13th century West led to the ethics of modernity and then finally to the ethics of hospital ethics consultation. It provides a brief history of the emergence of an ethics that is after morality. Against this background, the significance of Core Competencies must be critically reconsidered. (shrink)

Sustainability has been one of architecture’s most significant trends over the last twenty years. The environmental consciousness of professionals has put sustainability at the heart of the architectural profession and has contributed to adopting and implementing sustainable designs on the scale of urban landscapes. A green roof or living roof, which is a sustainable solution in architecture, is a roof on the surface of which plants are grown. The roof is covered by plants, covering the waterproof layer beneath the vegetation. (...) However, various types of plants can be used in this scheme. Understanding the influencing factors in choosing the right plant species and the impact that utilizing green roofs has on the overall energy consumption of the building can tremendously help scientists and clarify the possible future research topics in this field. Hence, this article investigates energy optimization in the construction process of a green roof in sustainable architecture and its advantages and challenges. The results of this study show that budget limitations, managerial and organizational policies, legal issues, technical and scientific infrastructure, and cultural and geographical aspects are all affecting the widespread use of green roofs currently and need to be considered in future studies. (shrink)

Context: On 12 November 2010, Ernst von Glasersfeld passed away. He was one of the most important, if not the most important, proponents of constructivist philosophy. Problem: In his life Ernst influenced many other scientists and philosophers. By whom was he himself influenced; who shaped his intellectual development? By collecting contributions from those who knew him closely or have an excellent understanding of radical constructvism we aim at presenting a cartography of the past and current state of affairs of radical (...) constructivism. These contributions should also shed light on the question of the legacy that Ernst leaves behind. Method: Some 25 authors accepted our invitation to contribute to this commemorative issue. Some texts are reminiscence essays expressing their friendship with Ernst, others are academic papers that investigate Ernst’s influence in various disciplines. Two contributions Ernst von Glasersfeld authored himself. Results: Ernst von Glasersfeld is described as an intellectual mentor for many of his students. His legacy is alive in many disciplines ranging from education science to linguistics. Implications: Ernst’s impact on mathematics education is described in some detail in these articles. However, his impact on science education has also been extensive. Constructivism is a foundation stone in the thinking behind the curriculum in many countries and this collection of papers should be useful to practitioners and researchers in education. We think that the work on conceptual analysis could be used more fully as a tool for modelling emerging concepts and hope that the articles here will facilitate interest in this aspect of Ernst’s work. (shrink)

Some of the most difficult consultations for an ethics consultant to resolve are those in which the patient is ready to leave the acute-care setting, but the patient or family refuses the plan, or the plan is impeded by deficiencies in the healthcare system. Either way, the patient is “stuck” in the hospital and the ethics consultant is called to help get the patient “unstuck.” These encounters, which we call “complex discharges,” are beset with tensions between the interests (...) of the institution and the interests of the patient as well as tensions within the ethics consultant whose commitments are shaped both by the values of the organization and the values of their own profession. The clinical ethics literature on this topic is limited and provides little guidance. What is needed is guidance for consultants operating at the bedside and for those participating at a higher organizational level. To fill this gap, we offer guidance for facilitating a fair process designed to resolve the conflict without resorting to coercive legal measures. We reflect on three cases to argue that the approach of the consultant is generally one of mediation in these types of disputes. For patients who lack decision making capacity and lack a surrogate decision maker, we recommend the creation of a complex discharge committee within the organization so that ethics consultants can properly discharge their duties to assist patients who are unable to advocate for themselves through a fair and transparent process. (shrink)

Bad philosophy is responsible for the climate and nature crises, and other global problems too that threaten our future. That sounds mad, but it is true. A philosophy of science, or of theatre or life is a view about what are, or ought to be, the aims and methods of science, theatre or life. It is in this entirely legitimate sense of “philosophy” that bad philosophy is responsible for the crises we face. First, and in a blatantly obvious way, those (...) institutions, organizations, corporations, businesses, endeavours, and activities of humanity that cause the crises and global problems we face, do so because of the aims they pursue (profit perhaps, or power, or heat and light for homes), and the methods adopted in pursuit of those aims – the philosophy in other words, built into the institution, organization, business, human activities, or whatever it may be. It is the philosophy of these institutions, organizations and activities that we need to change to put a stop to, or at least lessen the severity of, the crises we face, the global problems that confront us, above all the climate and nature crises. One institution has an especially crucial role in this respect: our universities. They are dominated in a multitude of ways by a particularly disastrous philosophy, a philosophy of inquiry which may be called knowledge-inquiry. This holds that the basic aim of the university is to acquire and apply knowledge. First, knowledge is to be acquired; once acquired, it can be applied to help solve social problems. But this philosophy of knowledge-inquiry is an intellectual disaster. As a result, universities are, in devastating and almost entirely unrecognized ways, humanitarian disasters too. Judged from the standpoint of helping to promote human welfare, the university shaped by the philosophy of knowledge-inquiry violates THREE of the four most elementary rules of rational problem solving conceivable in a wholesale, structural fashion, and it is this gross, wholesale, structural irrationality of the university, unnoticed by all but a few scientists and scholars, that is in part responsible for the creation of our grave global problems, and our current incapacity to learn how to solve them. The pursuit of knowledge, conducted in universities, within the framework of knowledge-inquiry over the decades and centuries, has produced much of great benefit to humanity. It has made the modern world possible. It has led to modern power production, modern industry and armaments, modern agriculture, modern hygiene and medicine, modern travel and communications, and the internet. But these very successes have also created many of our most serious current global problems: the climate crisis; the destruction of natural habitats, the catastrophic loss of wild life, and impending mass extinction of species (the nature crisis); the lethal character of modern war; the impact on the natural world of the rapid growth of the human population; the menace posed by nuclear weapons; pollution of earth, sea and air; threats to democracy caused in part by the internet and social media. All these grave global problems have been made possible by modern science and technology, pursued largely in universities within the framework of knowledge-inquiry. Nevertheless, it is not science and technology as such that are the problem, but science pursued in a way that is dissociated from a more fundamental task of the university to help humanity resolve conflicts and problems of living in increasingly cooperatively rational ways, so that progress may be made to a better world. Science and technology, pursued within the framework of knowledge-inquiry, create for some of us the power to act, but not the power to act wisely – not the power to learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways. For that, we need our institutions of learning, above all our universities, to take as their primary task to help humanity learn how to do it. In order to do that, the philosophy of inquiry put into practice by universities needs to be dramatically transformed. We urgently need to bring about a revolution in the overall aims and methods of academic inquiry – a revolution in the philosophy of the university, all around the world, wherever possible, so that the basic aim becomes to seek and promote wisdom, construed to be the capacity, active endeavour, and perhaps desire, to realize what is of value in life, for oneself and others, wisdom in this sense including knowledge, understanding and technological know-how, but much else besides, methods being dramatically modified too so as to help achieve the new academic aim. The basic task of the university would be, not to solve problems of knowledge, but rather to help people in the social world beyond the university to resolve conflicts and problems of living so that what is of value in life may be realized by everyone, insofar as that is possible. The pursuit of knowledge would be vital, but not intellectually fundamental. The intellectual and institutional revolution we so urgently need in our universities would affect every discipline and aspect of the university; it would dramatically affect both research and education, and the whole way the university is related to the rest of the social world. The revolution, from knowledge-inquiry to wisdom-inquiry would dramatically enhance the intellectual integrity and rationality of natural science, social inquiry, the humanities and technology, the character of these disciplines and the relationships they have with one another. University education throughout the university would be dramatically improved. And academic inquiry as a whole would do what, on the whole, it fails to do at present: it would help humanity resolve conflicts and problems of living in increasingly cooperatively rational and, as a result, increasingly successful ways, progress at last being made to a genuinely good, civilized world – a world in which there is peace, justice, liberal democracy, individual freedom, education, reasonable equality, sustainable prosperity and worthwhile opportunities in life, all of these for everyone, insofar as this is possible. Why, it may be asked, has academic philosophy not noticed that we urgently need to transform the current bad philosophy of inquiry of knowledge-inquiry into the far more intellectually rigorous and humanly valuable philosophy of wisdom-inquiry, so that we can begin to do what so far we have failed to do so lamentably: learn how to avoid impending disasters, and even make progress to a better world, something that seems at present almost unthinkable given the horrors of war, poverty, political enslavement of the 20th century, and the horrors of this century so far too? The answer is that academic philosophy is in a particularly pitiful state, as philosophers themselves, are just beginning to realize and lament. That is why academic philosophers are blind to the intellectual and humanitarian disaster of the bad philosophy that dominates universities today, and inconceivable to them to them that they might have, as a disciplinary task, to ensure academic inquiry implements a good philosophy of inquiry, and advocate and argue for change if it does not. Once upon a time, in Europe at least, philosophy was an intellectual power in the world. In the 17th century it created modern science which massively increased and improved our knowledge and understanding of the world, which in turn led to the Enlightenment, the industrial revolution, and the modern world. Philosophy was once so intellectually powerful and influential that it changed the course of history. But philosophy also made in the past three disastrous intellectual blunders: the post-Cartesian blunder, the post-Newtonian blunder, and the Enlightenment blunder. Never acknowledged and corrected by subsequent philosophy right down to the present, these unrecognized intellectual blunders rendered academic philosophy the esoteric, pathetic, and powerless discipline it is today, so that throughout the last century and, so far, throughout this one, academic philosophy has remained blind to the intellectual disaster of knowledge-inquiry, and thus failed entirely to take up its proper disciplinary task of warning fellow academics of the structural irrationality of the philosophy that prevails in the university, and of proposing what steps need to be taken to put things right. Instead of performing such an urgently needed philosophical task, so-called analytic philosophy was reduced to analysing the meaning of words. Since then, there has been hardly any discernible improvement, even if analysis of concepts no longer dominates the scene. Bad academic philosophy is indeed responsible for intellectual and humanitarian failures of the university. What the three past intellectual blunders of philosophy are, why their persistence so dramatically reduces academic philosophy to a triviality, and why, furthermore, this results in the failure of scientists and scholars to see what is so blatantly bad about the philosophy prevailing in universities around the world – the failure to see what so urgently needs to be done to put right what has been wrong for so long: all this is made clear in this book. A new kind of philosophy emerges during the course of the argument, critical fundamentalism, which has as its task to keep alive imaginative and critical – that is rational – thinking about our fundamental problem: How can our human world, the world we experience and live in – the world of living things, people, consciousness, free will, meaning and value – how can all of this exist and best flourish embedded as it is in the physical universe? That problem encompasses all others of life, science and thought. Critical fundamentalism tries to improve answers to aspects of this problem; but it also seeks to encourage everyone to think about the problem, from time to time, and think about how it interacts, in both directions, with more urgent particular and specialized problems of life and thought. Critical fundamentalism sets out to help improve bad philosophy wherever it is to be found: in social, political, commercial, legal, financial, and international life; and especially in academia, in institutions of learning, so that they become devoted to enhancing the capacity of people to learn how to achieve what is of genuine value in this brief life of a few decades if we are fortunate. Critical fundamentalism does everything it can to bring about the revolution in our universities we so urgently need. If taken up by mainstream philosophy, it might really have an impact, and begin to transform universities for the better, in both intellectual and humanitarian terms, and thus, enable humanity to learn how, after the grim failures and horrors of the last century and this one, to make progress to a better world. -/- . (shrink)

Science-policy interactions can both facilitate and hamper professional normative judgement, i.e. a value judgement about the desirability of a certain situation. Anthropogenic land subsidence, contributing to relative sea-level rise in the economically important Western peatland areas in the Netherlands is a case in point. The implementation of mitigation, adaptation and compensation measures is lagging, partly due to science-policy interaction problems potentially leading to conflicts between stakeholders, including agrarians, climate scientists and inhabitants. We find that professional normative judgement is enhanced when (...) researchers and societal stakeholders reflect more critically on their role and engage in more inclusive science-policy interactions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Institute of MedicineRuth Ellen Bulger (bio)IN 1863 the National Academy of Sciences (NAS) was established by federal charter to advise the government on scientific matters. Almost 100 years later, in 1971, the Academy created the Institute of Medicine within the NAS to focus on health-related problems and issues. Today the IOM has a program budget of about $13 million, which includes both private and government funds, and is (...) regarded as a leading center for health policy research.After briefly explaining the structure and general goals of IOM, this article describes several new or anticipated projects as well as some recently completed reports that have a strong ethical component.The IOMThe IOM's distinguished membership is made up of health care professionals of all sorts, scientists working in health-related disciplines, and lawyers, economists, and others knowledgeable in and involved with policies and activities associated with health issues. It is organized around eight working groups or divisions: Health Sciences Policy; Health Care Services; Health Promotion and Disease Prevention, including AIDS activities; International Health; Biobehavioral Sciences and Mental Disorders; the Food and Nutrition Board; the Medical Follow-up Agency; and the Health Policy Fellowship Programs. Each of these divisions is assisted by an oversight board that provides advice on its activities.It is important to know at the outset that IOM has decided that each of the divisions will include consideration of human values and ethical issues in their activities. Therefore, no separate locus was established within the IOM to deal with these matters. I am director of the Division of Health Sciences Policy, which is the only division that has made ethics a priority in its work, and it is the focus of this article.We have addressed questions of ethics, human values, social values, decision making, and priority setting in many of the division's reports. In fact, most of our reports at least raise ethical questions. In addition, a portion of the interest from endowment funds given to IOM by the Howard Hughes Medical Institute has been devoted to work in this area. [End Page 73]The division's advisory board, headed by Claude Bennett, chairman of the Department of Medicine, University of Alabama at Birmingham School of Medicine, has decided on two major priorities for the division: (1) foster an environment conducive to productive research, and (2) anticipate the impact of scientific—especially biomedical—advances on society, monitoring and considering the social and ethical factors that accompany basic scientific and technological progress. These two priorities are interdependent because the fostering of a good environment for research presupposes that the results of this research will produce beneficial effects for the society that supports the research.Upcoming StudiesSociety has been unable to establish a mechanism for discussing in a meaningful way—and possibly resolving—a number of pressing national issues with social, ethical, legal, and scientific ramifications. The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research considered several such issues and produced important reports about them. However, the commission was funded only until 1983. The Congressional Biomedical Ethics Advisory Committee was authorized in 1985 to address these contentious issues, but it was caught in the crossfire of congressional abortion politics and subsequently died. A new model is needed to attempt to develop national consensus on these complex, contentious issues.The Board on Health Sciences Policy has wrestled with this idea. Recently, it approved a proposal to establish a study committee charged with developing effective alternative methodologies for anticipating and addressing the social, legal, and ethical issues that may accompany rapid advances in biomedical science and technology. This multidisciplinary committee will be given a series of tasks: (1) to explore past experiences with some of these varying methodologies (i.e., town meetings, consensus conferences, forums, commissions, etc.); (2) to develop an agenda of issues likely to arise in the future; (3) to define and test a variety of alternative methodological approaches to these questions; (4) to evaluate strengths, weaknesses, and impact of the various approaches; and (5) to make recommendations on the process and structure by which this fact-finding, analytical, and decision-making function could be... (shrink)

Abstract The introduction of genetically modified plants into the environment has been marked by different positions, either in favor of or against their release. However, the problem goes well beyond such contradictory positions; it is necessary to take into account the legislation, ethics, biosafety, and the environment in the considerations related to the release of genetically modified organisms (GMOs). To this end, the Brazilian Committee of Biosafety (CTNBio), a consultative and deliberative multidisciplinary collegiate, provides technical and advisory support to the (...) Brazilian Federal Government. This committee consists of scientists and non-scientists who participate in evaluating the dossiers of companies that are requesting approval by the Brazilian Government; consequently, the aim of this study was to investigate whether commercial approvals of GMOs were associated with the profile of the CTNBio members. Research was based on the minutes taken at CTNBio meetings carried out from 2006 up to 2009, considering law 11.105/2005 and the Constitution of 1988 as legal frameworks, to determine the number of voters in favor of or against releasing genetically modified Bt-maize, Bt-cotton, and herbicide resistant soybeans to be used in Brazilian agriculture. Via the internet, we had access to the curriculum vitae of the CTNBio members through the Plataforma Lattes database of the National Council for Scientific and Technological Development (CNPq), where we found their area of expertise. CTNBio members were divided into expert-for, expert-against, non-expert-for, and non-expert-against. Results showed that CTNBio decisions could be based on technical criteria as well as on the policy of the institution that expert-members were representing. Content Type Journal Article Category Articles Pages 1-11 DOI 10.1007/s10806-011-9347-x Authors Glenda Morais Rocha Braña, Programa de Pós-Graduação em Bioética da Cátedra/UNESCO, Faculdade de Ciências da Saúde, Universidade de Brasília, Brasília, DF, Brazil Ana Luisa Miranda-Vilela, Departamento de Genética e Morfologia, Laboratório de Genética Toxicológica, Instituto de Ciências Biológicas, Universidade de Brasília, Brasília, DF, Brazil Cesar Koppe Grisolia, Departamento de Genética e Morfologia, Laboratório de Genética Toxicológica, Instituto de Ciências Biológicas, Universidade de Brasília, Brasília, DF, Brazil Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

In the article these are considered ethical and legal problems caused by the ongoing pandemic of the new coronavirus disease. New challenges for health care, economy, education not only revealed rather a high level of stability and mobility, but also showed a poor readiness of response to sudden risks, which had a certain impact on all spheres of life of the whole society. The authors have conducted a brief cross-cultural analysis of the issue basing on data quoted by (...) the international network of UNESCO chairs in bioethics, sessions of the Bioethics Committee within the RF Commission on UNESCO affairs, as well as official open sources of the health care system and judicial sphere of the Russian Federation. Strong reciprocal link of legal risks in the interdisciplinary field of medicine and law are made discernable: on the one hand, introduction of sanitary and hygienic regulations are aimed at the realization of the right of protecting the health, while on the other hand they represent a violation of basic human rights. Besides the theoretical approach to the problem of the observance of the constitutional rights of citizens in the pandemic conditions there exists a real threat of their violation due to absence of special mechanisms of their realization in frames of sanitary and hygienic measures with regard to the vulnerable and socially disadvantaged sections in the society. It is made conclusion about necessity of the international collaboration for the purpose of joint decision-making and action in the sphere of health care taking into account an international character of ethical and legal challenges triggered by COVID-19 pandemic, as well as national, economic, cultural and confessional peculiarities. (shrink)

This article aims at contributing to the discussion about the relationships between ICT, computer science and policy-making by focusing on agent-based social simulation. Enabled, from a technical point of view, by the developments of Distributed Artificial Intelligence in the 1990s and by the features of the object-oriented programming paradigm, agent-based social simulations are a tool for the analysis of social dynamics that can be used also to support the design and the evaluation of public policies. After a brief description of (...) social simulation paradigm and of its impact on social sciences, the paper presents a simple agent-based model devised to analyze, even if in a very abstract way, a phenomenon that can rouse the interest of legal scientists: the interplay between damaging behaviors, punishment and social mechanisms of learning and imitation. Our goal is to show how agent-based simulation can be used not only to illuminate basic mechanisms underlying social phenomena but also to reflect, in an innovative way, on how society can deal with them. (shrink)

Limited data exist in the specific content of pediatric outpatient ethics consults as compared to inpatient ethics consults. Given the fundamental differences in outpatient and inpatient clinical care, we aimed to describe the distinctive nature of ethics consultation in the ambulatory setting. This is a retrospective review at a large, quaternary academic center of all outpatient ethics consults in a 6-year period. Encounter-level demographic data was recorded, and primary ethical issue and contextual features were identified using qualitative conceptual content analysis. (...) A total of 48 consults were identified representing 44 unique patients. The most common primary ethical issue was beneficence and best interest concern comprising 20 (42%) consults, followed by refusal of recommended treatment comprising 11 (23%) consults and patient preference/assent comprising 5 (10%) consults. The most common contextual features were staff-family communication dispute/conflict comprising 28 (58%) consults, followed by legal involvement comprising 25 (52%) consults and quality of life comprising 19 (40%) consults. The most common consulting specialty was hematology/oncology. Ethical issues encountered in the provision of outpatient pediatric care are distinct and differ from those in inpatient consults. Further research is necessary to identify strategies and educational gaps in outpatient ethics consultation to increase its effectiveness and utilization. (shrink)

Instead of an editorial, in this issue of Environmental Values the publishers have been invited to comment on a local environmental issue that currently looms large in our Scottish island backyard. Divided from mainland Scotland by fifty miles of sea, the Outer Hebrides are a peripheral part of the already peripheral Scottish Highlands - a region of low production, and high demands on thinly spread national services. Fifteen years ago our economic salvation was to be the creation of the largest (...) stone quarry in Europe, to supply aggregate for the construction industry in South-east England and mainland Europe. After two Public Inquiries and much legal wrangling this proposal was eventually laid to rest. Its eventual defeat was at least partly due to the united front against the proposed development that was maintained by a coalition of virtually all the environmental NGOs that function north of the English border.1In environmental terms, aggregates, the landscape damage caused by quarrying, and the connection with road-building and increasing motor traffic are readily characterised as a 'bad thing', but the latest threat to the Scottish and island landscape is a less clear-cut environmental bad. The prospect of large-scale windfarms, and the associated transmission lines that would be required to deliver electric power from them to markets in the South, is one that has already divided environmental groups; with Friends of the Earth generally in favour, Greenpeace equivocal, and landscape- and wildlife-oriented NGOs against. For wind energy has long been promoted as a 'green' alternative to damaging fossil fuels and dangerous nuclear power, and its proponents argue that we should not be deflected on merely aesthetic grounds from grasping a technology that could save the world from climate catastrophe. This division of the environmental camp inevitably makes it more likely the developers will prevail. As with the superquarry, scale is part of the problem: the proposed developments are massive - mouth-wateringly so to local councils and landowners attracted by the prospect of multi-million pound revenues, devastatingly so to the majority of local residents and to the many walkers and climbers who visit the Highlands and Islands for their majestic and unspoilt scenery.The following extracts from recent press releases by the John Muir Trust and the local campaigning group Moorlands Without Turbines, and the developers' mock-up of thevisual impact of one of the local proposals above, will convey to readers the scale of proposals for Scottish windfarms, the strength of local feeling and the real dilemmas faced by NGOs in developing a coherent response.... targets set in the [renewable energy] strategy for Highland Council area are greater than those of the Scottish Executive for the whole of Scotland ... The Scottish Executive has a renewable energy target for 2020 which requires another 3,400 MW in Scotland. The Highland Council Renewable Strategy sets a target of over 4,000 MW from new renewable energy.The Highland Council targets do not seem to have been strategically set in relation to factors outside the Highlands but look as if they are based on the maximum possible installation based on the most liberal planning regime.2Scottish Executive Minister Allan Wilson has given the first official statistics on the number of objections for the proposed North Lewis Peatlands Windfarm - the world's largest onshore windfarm.In a response to written questions by Green MSP Shiona Baird, Mr. Wilson states: 'Prior to Comhairle nan Eilean Siar [Western Isles Council] submitting its consultation response the Executive recorded six responses in support and 2,713 objections to the Lewis Windpower proposal from Western Isles residents. Since Western Isles Council submitted their consultation response, the Executive has recorded 11 responses of support and 1,860 objections to the Lewis Windpower proposal, from Western Isles residents'In total a massive 6,131 objections have been received of which 4,573 come from local people. The figures show that for every person who wrote to support the scheme from the islands 269 people wrote and objected.Lewis based Moorland without Turbines chairperson Catriona Campbell, who is campaigning against the joint AMEC and British Energy project said:'At last we have official confirmation of the unprecedented level of protest against this industrialisation of our land. Till now our local MSP and Council have refused to acknowledge the sentiment of the island. The Council voted in favour of it against the wishes of those who will be affected. Every community council and councillor in North Lewis, the area directly affected, has voted resoundingly against it.'...The proposed 234 turbines, each higher than the Forth Rail bridge, and 167km of new road would cover moorland that is protected by European Law for its wildlife interest, including international populations of species such as Golden Eagles, Red-throated Divers and Golden Plovers.3The Lingerabay Superquarry saga was a rich source for academic case-studies; we confidently predict that we shall hear more about the 'green energy' debate in the pages of this journal. (shrink)

This article argues that investigators doing developmental and social research with children have, for the most part, failed to acknowledge the inherent implications of their work for children's rights. The impact of these studies upon children's rights occurs at every stage; from hypothesis formulation to hypothesis testing to dissemination of findings. This paper addresses the issue in the context of developmental research on children's ability to report experienced events accurately. This particular research area has generated data that has been (...) extrapolated to legal contexts and created a foundation for assumptions about the credibility of child witnesses. This in turn has had profound effects on children's right to be heard and the weight given to their testimony. The argument is made that there is a need for social scientists to explicitly articulate how their work may impact upon children's rights and what is in fact the social agenda in this regard underlying their research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Rome and Baetica: Urbanization in Southern Spain, c. 50 B.C.–A.D. 150Leonard A. CurchinA. T. Fear. Rome and Baetica: Urbanization in Southern Spain, c. 50 B.C.–A.D. 150. Oxford: Clarendon Press, 1996. xii 1 292 pp. 3 maps. Cloth, $75. (Oxford Classical Monographs)The Roman province of Baetica has not received a comprehensive treatment since R. Thouvenot’s Essai sur la province romaine de Bétique (Paris 1940; 2d ed. 1973). Since then, (...) important epigraphic finds such as the Tabula Irnitana (AE 1986, 333) and archaeological excavations have greatly modified our understanding of the structure of Roman cities in this province. Fear endeavors to assess the urban phenomenon in Roman Baetica in light of this new evidence. Rather than “Urbanization,” his subtitle might better have read “Urban Change,” since Baetica had already been largely urbanized by the Carthaginians and Iberians, and the real issue is how the native cities were affected by the Roman presence. The author himself concedes that Baetica had a “native urban tradition,” whereas there is “little firm evidence that Rome pursued an active urbanizing policy” (27–29). He also shows that while Romanization may have been passive from a Roman perspective, the inhabitants were actively involved in “bottom-up” initiatives to improve the status and amenities of their cities.An introductory chapter surveys Baetican geography and examines an anthropological model of colonialism. Since Fear later questions “whether the premisses of such a model... are in fact of any use when looking at the life of a Roman province” (274), it is unclear why he includes it at all. The next chapter discusses the characteristics of an ancient city, and (with a range of examples from Britain to Palestine) how urbanism was diffused in new areas. Listing the features of a city mentioned—but incidentally, rather than as a definition—in the Digest, Fear examines to what extent these are reflected in the laws of Urso and Irni. This seems an artificial and otiose exercise, since the colony of Urso and the municipium of Irni were unquestionably cities, even if the Urso law, for instance, contains no reference to bath houses. Moreover, Fear’s tendency to use interchangeably the terms “town” and “city” obscures the issue of urban definition; the pre-Roman oppida of the Baetican highlands may have been towns, but were not cities.Chapter 3 investigates the state of urbanism (including colonies like Carteia and Corduba) in southern Spain around 50 b.c. Fear challenges conventional opinion by discounting the conventus as a major factor in urbanization and by questioning whether mining brought large numbers of Italians to the province. He also shows that while the legends on local coinage were Latinized, the designs (bull, Melqart, Iberian cavalryman) remained pre-Roman. The next chapter asks whether the Late Republican colonies were really miniature replicas of Rome, as Aulus Gellius (16.13) suggests. Fear argues that while the colonies did imitate Rome in such features as law and public architecture, they were “content to adapt native structures” (104) in other areas. This was because the Baetican colonies were not founded on “greenfield” sites (such as Emerita in [End Page 143] Lusitania) but were superimposed on indigenous settlements, thereby including a substantial proportion of Spanish incolae who inevitably had an “Iberianizing” influence on the colonists.The chapter on the Julio-Claudian period is primarily an analysis of the elder Pliny’s list of Baetican privileged towns. Fear finds very few cases in which we can state with certainty whether municipia were of Roman or Latin status. He also maintains that the distinctive cognomina assigned to the cities did not confer legal status (contra M. I. Henderson, JRS 32 [1942] 6, who saw them as “flowery colonial titles”) but simply helped distinguish between homonymous place names. Chapter 6 considers the impact of the Flavian Municipal Law, which Fear sees as a general blueprint, a lawyer’s vision of what life should be like in a municipium. As such the law makes unrealistic assumptions, for instance (in the section on enrollment of iudices) that all the residents will have tria nomina. As for the effect of the law on the inhabitants... (shrink)

The papers included in this supplement were first given at a meeting, The New Ethics of Abortion, organised by the British Pregnancy Advisory Service (BPAS) in Senate House at the University of London on 21 February 2000. The British Pregnancy Advisory Service is primarily a provider of abortion services. Each year, the organisation provides almost 50,000 abortions, more than half of which are performed on behalf of the National Health Service (NHS), which means they are free of charge to women. (...) We are also a major source of comment to the media on issues relating to unwanted pregnancy and so we frequently face the challenge of debating those who insist that abortion is morally wrong and medically unjustifiable. The New Ethics of Abortion was organised to provide a forum in which pro-choice and anti-choice perspectives could be discussed in an atmosphere of mutual respect. We are aware that advances in technology and changed perspectives on rights—of men, of children, of the fetus, of the disabled—can have an impact on the abortion debate. We are aware that these issues are hotly contested by both those who support and those who oppose the liberal provision of abortion, and we feel that as providers of abortion care to so many women we have an important part to play. The staff at BPAS consultation centres and clinics understand abortion from the perspective of women—not women campaigners (who have their own political agenda)—but women with problem pregnancies in need of abortion care. This is a perspective that is often pushed aside when abortion is regarded as an abstract political or ethical issue. Abortion has become accepted as a part of British life. Since the 1967 Abortion Act became law in April 1968 more than five million women have benefited from safe, legal abortion in Britain. …. (shrink)

Purpose This study aims to analyse the impacts of Edward Snowden’s revelations in Spain focusing on issues of privacy and state surveillance. This research takes into consideration the Spanish context from a multidimensional perspective: social, cultural, legal and political. Design/methodology/approach The paper reviews the Spanish privacy and state surveillance situation. Responses to a questionnaire were collected from 207 university students studying at Universitat Rovira i Virgili or Burgos University. The quantitative responses to the survey were statistically analysed as well (...) as qualitative considerations of free-text answers. Findings The survey outcomes demonstrate that a majority of respondents are aware of Snowden’s revelations, but only a few have even considered taking serious actions to improve their online privacy. One of the most relevant findings is that Spanish citizens find it acceptable to lose privacy and be subject to state surveillance if that provides a benefit in security. Practical implications The research points out the importance of privacy in a multicultural environment. A sensitised society is a keystone for the healthy and balanced development of state surveillance policy and practice. Social implications Training programmes are a critical dimension to ensure awareness across society regarding privacy and digital technologies. Suitable educational policies and curricula at all levels should be fostered. Originality/value Privacy and state surveillance based on information and communication technologies is an emerging research topic with important consequences for social values and ethics. This study provides an overview of Spanish higher education students’ attitudes in these areas. (shrink)

The cosmetics, detergents and food industries trial development products using healthy human volunteer studies. They also use human tissue for in vitro investigations. Hitherto, the ethics of such work has not been regulated. The UK Human Tissue Act will have legal implications on current arrangements for such studies within the industry, especially with regards to informed consent and seeking ethical review of research proposals. At present, however, it is unclear who will fund ethical review for use of ‘relevant material’ (...) in non-medical research, and on the required status of ethics committees to review such work. The principles behind the sampling, storage and processing of ‘relevant material’ are largely identical whether it be for medical or non-medical investigations. It is argued, therefore, that this is further justification for industry and professional bodies to adopt best practice of ethical review for all studies in ‘grey areas’ outside the scope of regulations. This would follow closely those standards applied to biomedical research. (shrink)

This book, through the lens of interdisciplinary legal analysis, draws a subtle balance between bioethics and financial regulation, with the latter playing an unexpectedly crucial role in the way life may potentially be governed. The legal topic of human preservation or cryo-conservation was initially developed in the USA in the case of Donaldson v van de Kamp. More recently, the subject arose in Europe as a result of a decisum of the High Court, Family Division, in London. This (...) new theme of cryo-conservation has unfolded through multifaceted forms, including its impact on regulation. In an area that may, at least prima facie, be regarded as belonging to the traditional realm of medical law, the findings presented here suggest that its potential has strong economic implications. The work argues that it is necessary also to look at this subject from a more interdisciplinary perspective, drawing a fil rouge between two otherwise seemingly opposing areas of law: medical law and financial regulation. The legal framework draws on the Anglo-American, and the UK in particular, along with civil law analysis from Italy. The work will be of interest to researchers and academics in the areas of medical law, legal philosophy, financial law, property law and insurance law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 14.1 (2004) 47-54 [Access article in PDF] Ethical Guidelines for Human Embryonic Stem Cell Research*(A Recommended Manuscript) Adopted on 16 October 2001Revised on 20 August 2002 Ethics Committee of the Chinese National Human Genome Center at Shanghai, Shanghai 201203 Human embryonic stem cell (ES) research is a great project in the frontier of biomedical science for the twenty-first century. Be- cause the research involves (...) the use of human embryos, it triggers serious debate on ethical issues. Opponents consider the embryo to be an early form of human life that should be respected and not destroyed. However, the majority of scientists support embryonic stem cell research, believing that it offers good prospects for the treatment of diseases that have remained incurable until now and so will benefit humankind. The Ethics Committee of the Department of Ethical, Legal, and Social Implications of the Chinese National Human Genome Center at Shanghai seriously discussed the ethical debate initiated by embryonic stem cell research. We concluded that we should support the scientists of our country in actively carrying out human embryonic stem cell research for the noble cause of "medicine being a beneficent art." For the healthy and orderly development of human embryonic stem cell research in our country, we put forward the following recommended Ethical Guidelines for Human Embryonic Stem Cell Research as a reference for leaders, administrative departments, and related scientists. Preface Article 1. Human embryonic stem cells are the primitive cells that play the main role in the growth and development of a human body. These [End Page 47] primitive cells have the potential for infinite proliferation, self-renewal, and multi-directional differentiation. If scientists can discover the mechanism of differentiation of human embryonic stem cells, it will be possible to induce differentiation of human embryonic stem cells to form various types of human cells for clinical cell therapy. If human embryonic stem cell research can be integrated with modern biomedical engineering techniques, it also will be possible to make repair and replacement of human tissues and organs a reality. Article 2. There are two ways to classify human embryonic stem cells. One way is to classify them according to their potential for differentiation. There could be three kinds of stem cells: totipotent stem cells, pluripotent stem cells, and unipotent stem cells.A totipotent stem cell has the potential to develop into a whole individual. It can differentiate into the more than 200 cell types in the whole body, construct any tissue or organ of the body, and finally develop into a whole individual. The fertilized egg and the cleavage cells at the very early stage of embryonic development are totipotent stem cells.A pluripotent stem cell has the potential to differentiate into many cell types derived from the three embryonic layers. However, it has lost the capacity to develop into a complete organism.A unipotent stem cell is derived from the further differentiation of the pluripotent stem cell. It can differentiate only into one cell type such as a hematopoietic stem cell, neural stem cell, and others.The other way is to classify human stem cells according to their source. There could be two kinds of human stem cells: embryonic stem cells and tissue stem cells (also called adult stem cells). The former involves experimentation with embryos, which has serious ethical implications. Ethical issues associated with the latter are mainly expressed in the various opinions regarding the allocation of health resources. Article 3. Human embryonic stem cells are the group of cells called the blastocyst inner cell mass during the early stage of embryonic development. They are the main source of totipotent stem cells, and hence the focal and hot point in stem cell research. Studies on the clinical application of embryonic stem cells probably will involve use of the somatic cell nucleus transfer (SCNT) technique, which destroys the early human embryo. At present, the ethical and moral debate is very serious in human embryonic stem cell research regarding whether the research will develop... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How Fool Is a "Holy Fool"?Agneta Schreurs (bio)The editors asked me to write a short response to your commentaries. They asked me to do that as a set; therefore, I respond to your texts as a whole.First, I thank you for your comments. I appreciate very much that you took the time to read and reflect on my article. I am really very happy with your positive evaluation of (...) my article, particularly because my choice for this subject has much to do with my own biography. I have been raised by nonreligious parents and grandparents. My mother being a classical scholar and my father a scientist, I knew more about antiquity and chemistry than about the Bible, which in fact did not figure at all in my education. However, when I was forty years old, I took on theology at the University of Utrecht as an extra study in my free time, mainly because I felt embarrassed whenever my students or clients brought the subject up and I did not know the first thing about it. Right from the beginning I became absolutely excited about this study, not only about the broad range of fascinating subjects, but also because quite a number churches had merged the academic part of their seminaries with the theological faculty of the University of Utrecht into an academically very high-standard curriculum. Students and teachers were a mix of Dutch Reformed, Roman Catholic, Old Catholic, Baptist, and several other denominations, in my time even a Jewish rabbi and a Winti (an indigenous religion in the former Dutch West Indies). Outsider as I was, this offered me a unique opportunity to become acquainted in a personal and natural way with their various faiths. Nevertheless, it took me three years before I realized what all those fascinating things had to do with my life and with my work! This realization was the reason why, after getting my master's degree in theology, I decided to choose a combination of philosophy of religion and psychology of religion for my doctoral dissertation and to change my group practice into work that explicitly dealt with the interconnections between spirituality and psychotherapy.I also want to thank you for sharing your thoughts on the larger contexts of my subject. From my biographical sketch, you can see that I agree with both of you in that it is high time that psychiatry and psychotherapy pay more attention to—and become more knowledgeable about—their religious patients' religion and spirituality. Not because I think the "talking cures" may have much in common with "faith healing" (in fact, I agree with Gibson [2000] that they have much more in common with the gentle craft of taking confession), but because it is unprofessional not to do so. When a person consults a priest or minister with regard to a religious problem, it often appears that there are also psychological problems involved. That is why theological curricula include pastoral psychology and clinical training courses. This is also true the other way round: psychological problems treated in psychotherapy and counseling may involve a patient's religious mindset. However [End Page 205], most psychotherapists are generally neither religious themselves nor trained in assessing and understanding the great variety of ways in which people may be religious and how these may be intertwined with the problems for which they have sought therapeutic help. In particular, they are mostly not trained in discovering how their patients' religiousness may be a cause of therapeutic failure or, alternatively, a source of support and as such a help toward therapeutic progress. In addition to such lack in information and training, and in contrast with most clergy, clients in therapy may easily have very different religious backgrounds. As a result of this professional situation, many psychotherapists feel uncomfortable in this area and unprofessionally tend to ignore, avoid, or reinterpret in psychological terms their patients' spiritual expressions.The point I tried to make is this: to successfully discover and assess how a patients' religiousness may be a cause of psychological problems or conversely, be a source of support and as such a help toward therapeutic progress, you need at least some basic... (shrink)

Information communication technology is spreading fast and wide. Driven by convenience, it enables people to undertake personal tasks and make decisions more easily and efficiently. Convenience enjoys an air of liberation as well as self-expression affecting all areas of life. The industry for children's toys is a major economic market becoming ever more tech-related and drawn into the battle for convenience. Like any other tech-related industry, this battle is about industry dominance and, currently, that involves networked toys. Networked toys aim (...) to enhance convenience for children and parents alike. Increasingly difficult to resist, these convenient networked devices are also a societal game changer. Neatly nestled in a lacuna juris and surrounded by a lack of clinical evidence, networked toys raise complex ethical issues concerning human development. This article lays bare the regulatory nexus for networked toys and invites ethical thinking to fill the gap to ensure sufficient protection for all human developmental stages. Networked toys not only affect but also might interfere with child development. Therefore, the article initially summarises the four key psychological stages through which the neurological development of the human brain processes. Each of these stages involves vital windows for human development in cognitive, emotional and social dimensions. Missing any of these developmental windows changes an individual human for life. The article then takes a look at the two main legal frameworks protecting the stages of human development which are applicable to networked toys: First, the examination of the human rights framework with its major segments emanating from the fundamental rights to privacy for family and home, to a child's education as well as to personal data reveals the use of current networked toys as a shielded part of parenting which tends to be at odds with privacy and data protection requirements. Second, the product liability framework for toy manufacturers requires evidence-based causality for putting a child's safety at risk. Unfortunately, these legal frameworks fail to offer sufficient protection of the human developmental stages. There is a lacuna juris. Although networked toys involve the risk of negatively impacting human development in every dimension, clinical psychological studies are impossible to acquire as court evidence for product liability because they take too long to provide reliable data while exposing several generations of children to the examined risk in the process. Meanwhile the temptation of convenience continues to drive the industry and consumers of networked toys and devices, which are already impacting children of all age groups. Accepting this phenomenon as an element of cognitive dissonance in society and in science falls far short of an appropriate ethical balance. The need for creating such an ethical balance concerning networked toys is all the more imperative because even if the networked toy industry managed to eliminate all psychological risks for human development and every legal conflict with privacy and security, significant ethical and societal risks of networked toys remain due to inevitable technological bias. Against these mounting changes, it is suggested that only an ethical approach of interdisciplinary research and learning seems most promising to develop an appropriate equilibrium between the complex challenges posed by networked toys and the societal values at stake. (shrink)

The purpose of this article is to present the legal aspects of landscape protection in the context of onshore wind energy investments in Poland, in comparison with the tendency in other European countries. Landscape protection can be considered in several contexts of meaning: natural, cultural and planning. The influence of wind farms on the landscape is identified in each of these contexts, but in the study of law, the impact of these investments on the environment and people is (...) most often considered. Both landscape protection and the development of renewable energy sources are part of the paradigms of sustainable development. The balance between the designations of sustainable development: economy, society and environment, provides the background for the problem under study. Spatial conflicts, identified within this rule, but also within the public interest, are inevitable; both the protection of the landscape and the location of wind energy investments are in the public interest. The dynamics of wind energy development affects the landscape, causing landscape changes. This is considered a source of social tension and conflict at certain times. Public perception of wind investments in the context of landscape protection is not consistent: from approval of these investments, through a neutral approach to public resistance. In the area of the analysed issue, the principle that becomes apparent is “not in my back yard”. Polish law is lacking a unified model for landscape protection in the aspect of wind investment development, and the provisions in force are scattered in this area. The important question is how the Polish legislator implements the postulate of landscape protection and whether the regulations of the generally applicable law are adequate to the needs of landscape protection in the context of the realization of one of the most common renewable energy sources. Diagnosis of current legal barriers to the impact of wind energy investment implementation on the landscape can be presented in two ways: from a planning perspective and from an environmental perspective. For this it is required to present the concept of landscape with the rules of its protection under the European Landscape Convention. This study employs dogmatic and black-letter methods of analysing the provisions of the law in force in Poland, as well as a comparative method. The article utilizes also the method of legal semiotics, which is based on the premise that the primary focus of semiotic research on law is language. Studies have shown that the systems of countries in Europe and the world vary in this regard. (shrink)

This study attempts to answer the question why Confucianism, the dominant “teaching” among the Three Teachings, is not a religion in contemporary China, unlike the other two “teachings,” Buddhism and Daoism. By examining this phenomenon in the social-historical context, this study finds its origin in Orientalism. The Orientalist conceptualization of religion became part of the New Culture discourse at the turn of the twentieth century. While China has undergone tremendous social changes over the past century, the old discourse remains.

This paper describes issues associated with integrating the study of Ethical, Legal and Social Issues (ELSI) into ongoing scientific and technical research and describes an approach adopted by the authors for their own work with the center for nanophase materials sciences (CNMS) at the Oak Ridge national laboratory (ORNL). Four key questions are considered: (a) What is ELSI and how should it identify and address topics of interest for the CNMS? (b) What advantages accrue to incorporating ELSI into the (...) CNMS? (c) How should the integration of ELSI into the CNMS take place? (d) How should one judge the effectiveness of the activity? We conclude that ELSI research is not a monolithic body of knowledge, but should be adapted to the question at hand. Our approach focuses on junctures in the R&D continuum at which key decisions occur, avoids topics of a purely ethical nature or advocacy, and seeks to gather data in ways that permit testing the validity of generalization. Integrating ELSI into the CNMS allows dealing with topics firmly grounded in science, offers concrete examples of potential downstream applications and provides access to the scientists using the CNMS and their insights and observations. As well, integration provides the opportunity for R&D managers to benefit from ELSI insights and the potential to modify R&D agendas. Successful integration is dependent on the particular ELSI question set that drives the project. In this case questions sought to identify key choices, information of value to scientists, institutional attributes, key attributes of the CNMS culture, and alternatives for communicating results. The opportunity to consult with scientists on ELSI implications is offered, but not promoted. Finally, ELSI effectiveness is judged by observing the use to which research products are put within the CNMS, ORNL, and the community of external scholars. (shrink)

The reproducibility movement in psychology has resulted in numerous highly publicized instances of replication failures. The goal of the present work was to investigate people’s reactions to a psychology replication failure vs. success, and to test whether a failure elicits harsher reactions when the researcher is a woman vs. a man. We examined these questions in a pre-registered experiment with a working adult sample, a conceptual replication of that experiment with a student sample, and an analysis of data compiled and (...) posted by a psychology researcher on their public weblog with the stated goal to improve research replicability by rank-ordering psychology researchers by their “estimated false discovery risk.” Participants in the experiments were randomly assigned to read a news article describing a successful vs. failed replication attempt of original work from a male vs. female psychological scientist, and then completed measures of researcher competence, likability, integrity, perceptions of the research, and behavioral intentions for future interactions with the researcher. In both working adult and student samples, analyses consistently yielded large main effects of replication outcome, but no interaction with researcher gender. Likewise, the coding of weblog data posted in July 2021 indicated that 66.3% of the researchers scrutinized were men and 33.8% were women, and their rank-ordering was not correlated with researcher gender. The lack of support for our pre-registered gender-replication hypothesis is, at first glance, encouraging for women researchers’ careers; however, the substantial effect sizes we observed for replication outcome underscore the tremendous negative impact the reproducibility movement can have on psychologists’ careers. We discuss the implications of such negative perceptions and the possible downstream consequences for women in the field that are essential for future study. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Credibility, Persuasiveness, and EffectivenessPatricia A. King (bio)Since the early 1970s, complex ethical, social, legal, and scientific controversies generated by biomedicine have been referred to governmentally created commissions, committees, boards, and panels that are commonly referred to as “ethics” committees. The Advisory Committee on Human Radiation Experiments is the most recent example of such a group. Although it is too early to know the full impact of the (...) Committee’s work, it is important to reflect on aspects of its deliberations that shed light on the public policy role of ethics bodies. Specifically, I will reflect on matters that go to the credibility, persuasiveness, and effectiveness of these committees.The point should be made at the outset that these ethics committees are, first and foremost, public policy groups. Governmentally created bodies of all types, including ethics committees, are established to provide pragmatic advice to governments about specific problems and controversies or to complete specified tasks on behalf of governments. What distinguishes ethics committees from other advisory groups is that the issues assigned to them are presumed to be primarily ethical, as opposed to, say, economic, in nature. It is expected that ethical analyses and premises will play a significant, albeit not exclusive, role in the committee’s deliberations. 1 As with other advisory groups, the primary responsibility of ethics committees is to respond to the branches of government that were instrumental in their creation as well as to the public at large. Since political concerns undoubtedly play a role in the creation of these groups, it is understandable that political concerns have some impact on the committee’s work. Thus, ethics committees are generally cognizant of the need to ensure that their processes and substantive conclusions are credible, persuasive, and effective.In my experience, members of ethics commissions understand the need to offer principled arguments that are factually accurate to justify their recommendations and conclusions. They also appreciate the need for consensus and rightly worry about disagreement among members. I believe, however, that committee members are less attentive than they should be to the social and political contexts in which they operate. This is not surprising. Members of these committees, and often their staffs as well, are typically experts drawn from the academy. [End Page 313] Scholars traditionally offer advice or influence policy through articles and scholarly work undertaken individually or in cooperation with like-minded individuals who do not need to be persuaded about the merits of a specific position. Moreover, scholarly articles are often pitched at a level of abstraction that may be of limited utility in the context of concrete decision making.Scholarly efforts are important. Particularly in bioethics, these scholarly efforts often have furnished the conceptual frameworks that are critical to the efforts of those who grapple with complex matters, the appropriate resolution of which pose moral disagreement and genuine perplexity. Policy formulation by its very nature, however, requires more. Attention must be paid to competing moral and social frameworks. Logical, rational arguments and risk/benefit assessments are important, but emotion, passion and values grounded in experience also demand consideration. Policy formulation as a result can be a quite messy process.Members of the academy are often uncomfortable in this environment. Pursuing the messy details can be threatening and at times at odds with values that academics prize highly. I believe this discomfort was evident in the reluctance of several Advisory Committee members to obtain security clearances that were required in order to see classified material related to the Committee’s work. Secrecy may have seemed at odds with cherished values of openness. As a result the perusal of classified materials was left to those with clearances. Fortunately, the Committee was successful in having relevant information declassified so all committee members read and deliberated about the same information. Committees needing to see more contemporaneous classified information might not be so fortunate.Ethics commission members correctly worry about disagreement. The ability to reach consensus helps to give recommendations a compelling quality. Morris Abram, chairman of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, makes this point powerfully. He states that “a commission requires agreement that is as... (shrink)

The autobiography of one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, Morse has made significant contributions to atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. Philip Morse has surely been one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, he has made significant contributions to (...) atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. His life-long commitment to teaching, through his authorship of a series if standard-setting textbooks and through his personal guidance of unnumbered individual students, has extended this scope to include thermodynamics, statistical mechanics, and the methods of theoretical physics as well. Moreover, as this autobiography relates at a fast-moving pace, Morse has also been involved in the high-pressure concerns of war research, scientific administration and consultation, policy formation, the education of key groups and wider publics beyond the classroom, and the real-world utilization of scientific techniques and discoveries. For all these accomplishments, Morse writes that his experience as a scientist and as a participant in the affairs of his time "has been at the second, rather than at the top, level." It may be that this circumstance of being neat, rather than at, the top makes this autobiography more, rather than less, relevant to other and younger scientists, to those considering a life in science, and to general readers curious as to what such a life is really like. Only a miniscule few reach, say. Einsteinian levels, and their lives and work tend to be unique unto themselves; what Morse reports is truer to the experience of the great majority of the members of the scientific community. While his actual accomplishments, his range, and his eminence certainly far exceed those of a "typical" scientist, they do so more in degree than in kind. Morse's style is straightforward and nontechnical, direct, and personal. Some of the lighter moments and revealingly human incidents of his experience are recorded along with the problems and breakthroughs in the near-private world of pure science and the public worlds of policy, high-level consultation, and practical applications. (shrink)

Microfinance is a preferred development tool in many developing countries around the world; however, the industry has been facing many challenges in recent years, including the attainment of financial sustainability. Therefore, this study is aimed at investigating the effect of employee turnover on the financial performance of microfinance institutions (MFIs). The study utilized unbalanced panel data of 1561 unique MFIs from 2010 to 2018. The data were then analyzed by conventional econometric techniques such as the pooled ordinary least squares, random (...) effects model, fixed effects model, Hausman–Taylor, and the two-step system generalized method of moments. Considering the linear relationship, it was discovered that employee turnover has a negative effect on the financial performance of MFIs. However, this relationship is dependent on the proxies of financial performance, legal status, location, profit orientation of the MFIs (for subsample analysis), and the technique(s)/model(s) employed in the analysis. Furthermore, the study did not find empirical evidence to support the quadratic relationship between employee turnover and the financial performance of MFIs. The outcome of this study advances important policy implications for concerned stakeholders. (shrink)

This essay is an explication and analysis of the work of Sergei Kotliarevskii, a major Russian liberal theorist, focusing on his 1915 treatise Vlast’ i pravo. Problema pravovogo gosudarstva (Power and Law: The Problem of the Lawful State). Although the “lawful state” has long been a subject of interest and controversy (even at the definitional level) among historians and political scientists, curiously Kotliarevskii has not received the attention he deserves. His study of the concept of the lawful state, which for (...) him was integrally related to the ideal of the rule of law, is an important Russian contribution to the history and philosophy of law and the state. This essay explores the philosophical sources and contexts of his work; his understanding of the relationship among power, law, and thestate; his thesis that religious ideas and institutions were most important in the historical development of legal consciousness; his consideration of the modern constitutional state; and his conviction that personhood—the absolute value and dignity of the human person—was the ultimate justification for the rule of law. (shrink)

Background: International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developed by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an Africa Working Group addressed key challenges for the relevance and (...) cogency of an ethical code in occupational health for an African context through an iterative consultative process. Discussion: Firstly, even in the absence of strong legal systems of enforcement, and notwithstanding the value of legal institutionalisation of ethical codes, guidelines alone may offer advantageous routes to enhancing ethical practice in occupational health. Secondly, globalisation has particularly impacted on health and safety at workplaces in Africa, challenging occupational health professionals to be sensitive to, and actively redress imbalance of power. Thirdly, the different ways in which vulnerability is exemplified in the workplace in Africa often places the occupational health professional in invidious positions of Dual Loyalty. Fourth, the particular cultural emphasis in traditional African societies on collective responsibilities within the community impacts directly on how consent should be sought in occupational health practice, and how stigma should be dealt with, balancing individual autonomy with ideas of personhood that are more collective as in the African philosophy of ubuntu. To address stigma, practitioners need to be additionally sensitive to how power imbalances at the workplace intersect with traditional cultural norms related to solidarity. Lastly, particularly in the African context, the inseparability of workplace and community means that efforts to address workplace hazards demand that actions for occupational health extend beyond just the workplace. Summary: A stronger articulation of occupational health practice with advocacy for prevention should be an ethical norm. Ethical codes should ideally harmonize and balance individual and community needs so as to provide stronger moral authority guidelines. There is a need to consider an African Charter on Bioethics as complementary and strengthening of existing codes for the region. (shrink)

The democratic principle in its extreme form is the assertation that the mere fact of free birth is alone sufficient to constitute a claim to all offices. It is never the claim of a majority to rule, but it is the demand that every one, whether rich or poor, high- or low-born, shall be equally represented in the constitution. This is what Aristotle calls the principle of numerical equality.-from "Chapter VI: Democracy"One of the most renowned classical scholars of the turn (...) of the 20th century here offers a lucid and highly readable overview of a difficult and little understood aspect of Greek history: its public law, not just how it was structured but how it behaved in action. This 1896 book-perfect for university students, amateur historians, and readers of the history of the law-covers the full range of Greek legal development, from the origin of the city-state and the beginnings of the Greek monarchy to the social and political institutions of the far-flung Greek civilization to the rise of federalism and its long-term historical impact on the cultures that came after.British classical scholar A.H.J. GREENIDGE was a lecturer in ancient history at Brasenose College, Oxford. He is also the author of Roman Public and Private Law (1894), Legal Procedure in Cicero's Time (1901), and Roman Public Life (1901), among many other works of ancient history. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Ethical, Legal, and Social Implications Research Program at the National Human Genome Research InstituteEric M. Meslin (bio), Elizabeth J. Thomson (bio), and Joy T. Boyer (bio)Organizers of the Human Genome Project (HGP) understood from the beginning that the scientific activities of mapping and sequencing the human genome would raise ethical, legal, and social issues that would require careful attention by scientists, health care professionals, government officials, (...) and the public. The establishment of the ELSI (ethical, legal, and social implications) programs at the National Human Genome Research Institute (NHGRI) and the Department of Energy (DOE) was thought to be vital to the success of the HGP in the United States. It also provided a novel approach to the simultaneous study of ethical, legal, and social issues and basic scientific issues. Eric Juengst, the first director of the ELSI program, described its origins in a previous issue of the Kennedy Institute of Ethics Journal (Juengst 1991). Now in its seventh year, the ELSI program has accomplished much. This article summarizes the evolution and goals of the ELSI program at NHGRI, outlines the program’s current research priorities with examples of activities within each priority area, and provides a look to the future, including the initiation of a strategic planning process.Evolution and Goals of the ELSI Research ProgramThe HGP’s “genomic” goals are unique: to map and sequence the entire human genome—some 3 billion base pairs that make up approximately 80–100,000 genes—and the genomes of related model organisms by the year 2005. This goal was particularly ambitious since, when it was proposed, the technologies for mapping and sequencing had yet to be developed. When the HGP was first established, its organizers also elaborated a set of ELSI goals, which they saw as vital to the success of the genome project. The original ELSI goals were: (1) to anticipate and address the implications of the HGP for individuals and society and (2) to examine the ELSI consequences of mapping and sequencing the human genome in order to stimulate public discussion. To meet these goals, the NHGRI created its ELSI research program in 1990. Along with mapping, sequencing, [End Page 291] and mammalian genetics, ELSI was one of four original branches in the NHGRI Division of Extramural Research that funded research in those areas. Although the individual “branches” no longer exist, the mechanisms for funding research remain much the same. While the overall goals of the program have not changed, the specific ways of achieving the goals have continued to evolve. The importance of the ELSI program lies not in the collection of a full set of data that will be valuable in and of itself, but in the value of using and interpreting this new set of information.Early on, the NHGRI described a set of somewhat more specific goals: (1) to develop a program to help understand the ethical, legal, and social implications of the human genome project and (2) to identify and define the major issues of concern and develop policy options to address them. These more specific goals have been largely met. As the most recent biennial NHGRI Progress Report notes, “a robust ELSI research and education program has been established, many of the most urgent ELSI issues have been identified, and many policy options to address these issues have been proposed” (NCHGR 1995, p. 21). Between 1990 and 1996, ELSI provided more than $32.5 million in funding through 128 research and education grants in more than 30 states and in Canada (Table 1). The ELSI research budget is unique in that when originally created, it was specifically tied to the amount of money provided for the overall NHGRI budget. The NHGRI originally devoted 3 percent of its extramural budget to fund ELSI projects, but in FY 1991, it increased the ELSI budget to 5 percent, a figure that remains today. Table 2 lists the expenditures for each fiscal year since 1990 and the cumulative expenditures to date. The ELSI research budget at NHGRI this year will be about $7 million. When other sources of funding—e.g., co-funding arrangements with other institutes and agencies and the funding of ELSI... (shrink)

This is a qualitative examination of ethics consultation requests, outcomes, and ethics committee recommendations at a tertiary/quaternary pediatric hospital in the U.S. The purpose of this review of consults over an 18-year period is to identify specific trends in the types of ethical dilemmas presented in our pediatric setting, the impact of consultation and committee development on the number and type of consults provided, and any clinical features and/or challenges that emerged and contributed to the nature of ethical situations (...) and dilemmas. Furthermore, in reviewing clinical ethics consultation trends for nearly two decades, we can identify topic areas for further ethics education and training for ethics consultants, ethics committee members, and pediatric healthcare teams and professionals based on our experiences. Our study with nearly two decades of data prior to the COVID-19 pandemic can serve as groundwork for future comparisons of consultation requests and ethics support for pediatric hospitals prior to, during, and following a pandemic. (shrink)

The COVID-19 pandemic has forced libraries to shift their service-delivery model online, infiltrating countless interactions–from storytime to reference questions to social groups–into digital mediation, typically by third-party platforms outside the library’s control, generating mineable, persistent digital traces. One community particularly vulnerable to the impacts of surveillance is the queer community, where an outing, at least in the United States, imposes a potential loss of housing and employment and may subject the outed person to violence. Libraries–particularly public and school libraries–have once (...) again become sites of conflict and resistance, with queer people and materials increasingly coming under attack both physically and legally. A primary shield by which libraries try to protect their patrons from such attacks is “privacy.” Librarians, as professionals, proclaim a commitment to privacy embedded in such documents as the American Library Association’s Library Bill of Rights and the International Federation of Library Associations and Institution’s Statement on Privacy in the Library Environment. However, these ideals exist in broader systems–including legal and cultural structures–which constrain and complicate abstract commitments to privacy. This article examines the challenges of queer digital privacy within libraries in the United States, focusing on the polysemous, boundary-crossing nature of queerness, the digital and the material, privacy, and libraries (as both concepts and institutions). In particular, this article demonstrates how binary-bound, individual-rights-oriented legal approaches to privacy have arisen, and been mediated, by cis-heteronormative patriarchal values and how the sociotechnical materialities in which they occurred (such as paper-based recordkeeping) are fundamentally incompatible with queer privacy needs. (shrink)

This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and (...) how it happens the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at (...) the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers. (shrink)

This is how Georgia State University College of Law Professor Charity Scott introduced the concept of mindfulness to numerous law students and lawyers. Aware that her skeptical, mind-driven audience needed a clear definition for a practice that seemed curious, at best, and esoteric, at worst, she immediately gave us the very lawyerly task of “pars[ing] each of these phrases to understand their importance and relevance to the legal profession”2 and applying them to our own experience of studying or practicing (...) law. Using scientific evidence, she described the benefits of mindfulness and then invited us to try it and decide for ourselves. Charity was a superb teacher, who knew how to impart knowledge skillfully, and a brilliant lawyer, who could present and defend her case exceptionally well. In fact, “Charity Scott owned the subject matter so deeply that she was able to engage lawyers who otherwise would never have given the concept of mindfulness any credence in a million years. In a way that’s hard to describe, she didn’t brook any resistance on the topic and, as a result, was able to move the needle on well-being for lawyers at a time when, as far as I can tell, she was the only one doing the lifting,” reflects Lynn Garson, health care attorney and mental health advocate. But I believe Charity Scott’s true mastery and impact came from her embodiment of mindfulness itself. In her presence, mindfulness ceased to be a mere concept, but instead became her way of being that illuminated her words and actions, nourished her relationships, and changed lives. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

_Just Doctoring_ draws the doctor-patient relationship out of the consulting room and into the middle of the legal and political arenas where it more and more frequently appears. Traditionally, medical ethics has focused on the isolated relationship of physician to patient in a setting that has left the physician virtually untouched by market constraints or government regulation. Arguing that changes in health care institutions and legal attention to patient rights have made conventional approaches obsolete, Troyen Brennan points the (...) way to a new, more aware and engaged medical ethics. The medical profession is no longer isolated, even theoretically, from the liberal, market-dominated state. Old ideas of physician beneficence and altruism must make way for a justice-based medical ethics, assuming a relationship between equals more compatible with liberal political philosophy. Brennan offers clinical examples of many of today's most challenging medical problems—from informed consent to care rationing and the repercussions of the HIV epidemic—and gives his recommendation for a new ethical perspective. This lively and controversial plea for a rethinking of medical ethics goes right to the heart of medical care at the end of the twentieth century. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Theology as Interdisciplinary Inquiry: Learning with and from the Natural and Human Sciences eds. by Robin W. Lovin and Joshua MauldinSara A. WilliamsTheology as Interdisciplinary Inquiry: Learning with and from the Natural and Human Sciences Edited by Robin W. Lovin and Joshua Mauldin grand rapids, mi: eerdmans, 2017. 202 pp. $32.00How can Christian theology engage in fruitful dialogue with fields of inquiry such as cognitive science, anthropology, and (...) law? Might discoveries in the natural and human sciences open creative possibilities for theology, and vice versa? Can Christian theology maintain its integrity while integrating insights from other disciplines? Theology as Interdisciplinary Inquiry takes up these questions as its central aim. This volume of six essays emerges from a three-year Templeton Foundation initiative that brought an interdisciplinary set of scholars together at the Center for Theological Inquiry to explore how their research might collaboratively push theology in new directions. These conversations centered on three themes: evolution and human nature, religious experience and moral identity, and law and religious freedom.In the first essay, Celia Deane-Drummond proposes an alternative approach to traditional readings of the Genesis creation account that looks to "resonances" between von Balthasar's notion of "theo-drama" and niche construction theory. Her argument allows for human agency while drawing theology into a complementary, rather than conflictual, relationship with evolutionary science. The next three essays take up the theme of religious experience and moral identity. Michael Spezio proposes that both theology and cognitive science look to moral exemplars as the phenomenological basis for more realistic and mutually informative moral theology and cognitive models of learning. Colleen Shantz draws on cognitive science to demonstrate how the material [End Page 192] and relational are constitutive of cognitive processes, arguing that it is precisely through "development and change" that we bear the imago Dei (66). Andrea Hollingsworth offers a rereading of Nicholas of Cusa's De visione Dei to demonstrate how a medieval mystical text echoes elements of contemporary neurocognitive processes of self-transformation. The final two essays center on law and religious freedom. John Burgess examines the privileging of religious freedom for canonizing martyrs in post-Soviet Russian Orthodoxy, arguing that this provides theological grounding for the legal right to religious freedom. Mary Ellen O'Connell proposes aesthetics as a more adequate modern grounding for legal authority than science. She argues that aesthetics takes us beyond the limits of self-interest, drawing us into concern for the good of others through the contemplation of beauty.What holds these essays together is the pursuit of "transdisciplinarity": "paying close attention to the other discipline(s) in a way that has a substantial and mutual impact, but at the same time retaining a clear sense of disciplinary integrity" (14–15). Lovin and Mauldin argue for humility and hope as virtues that enable us to navigate the tension between openness and integrity. While humility enables us to recognize the limits of disciplinary boundaries and assumptions, hope propels us forward, promising that however incomplete our knowledge remains, by the grace of God we will make advances in understanding our world and ourselves.Just as Christian Scharen and Aana Marie Vigen's Ethnography as Christian Theology and Ethics argues for the value of engagement with ethnography and its related disciplines to produce theology and ethics grounded in lived reality, this volume argues for the value of engagement with the natural and human sciences to produce "theological realism" that accounts for the complexity of "human personality and community" (xviii). It is unsurprising, then, that both volumes respond to objections from the neo-Radical Reformation and Radical Orthodoxy camps. In his conclusion, Douglas Ottati argues that these camps cannot account for the ways in which theological production inevitably interacts with natural and cultural processes. He argues further that insulating Christian theology is a form of cultural accommodation because it mirrors the formation of discrete modern disciplines, the very limitation these essays seek to transcend.This volume advances the live discussion in Christian ethics about the promise and risks of engaging natural and social sciences. It is a valuable resource on this topic, and its essays are suitable for use in seminary course discussions... (shrink)

Context: Philosophy of science is the branch of philosophy that deals with methods, foundations, and implications of science. It is a theory of how to create scientific knowledge. Presently, there is widespread agreement on how to do science, namely conjectures, ideally in the form of a mathematical model, and refutations, testing the model using empirical evidence. Problem: Many social scientists are using a conception of science created for the physical sciences. Expanding philosophy of science so that it more successfully encompasses (...) social systems would create new avenues of inquiry. Two dimensions could be added to philosophy of science: the amount of attention paid to the observer and the amount of impact of a theory on the system described. Method: My approach is to illuminate underlying assumptions. I claim that there are at least three epistemologies and that they can be combined to form a more robust conception of knowledge and of how to do research. There are at least four models and four basic elements being used by scientists. Results: The article identifies the logical propositions underlying second-order science. It suggests strategies for developing second-order science. And it describes several methods that can be used to practice second-order science, including how past theories have not only described but also changed the phenomenon being studied. Implications: The task for members of the scientific community, particularly social scientists, is to practice second-order science and to develop further its theories and methods. A practical implication is to accept methods for acting as well as theories as a contribution to science, since methods explicitly define the role of an observer/ participant. Constructivist content: The paper is an extension of the work of Heinz von Foerster and other second-order cyberneticians. (shrink)

_Just Doctoring_ draws the doctor-patient relationship out of the consulting room and into the middle of the legal and political arenas where it more and more frequently appears. Traditionally, medical ethics has focused on the isolated relationship of physician to patient in a setting that has left the physician virtually untouched by market constraints or government regulation. Arguing that changes in health care institutions and legal attention to patient rights have made conventional approaches obsolete, Troyen Brennan points the (...) way to a new, more aware and engaged medical ethics. The medical profession is no longer isolated, even theoretically, from the liberal, market-dominated state. Old ideas of physician beneficence and altruism must make way for a justice-based medical ethics, assuming a relationship between equals more compatible with liberal political philosophy. Brennan offers clinical examples of many of today's most challenging medical problems—from informed consent to care rationing and the repercussions of the HIV epidemic—and gives his recommendation for a new ethical perspective. This lively and controversial plea for a rethinking of medical ethics goes right to the heart of medical care at the end of the twentieth century. (shrink)

Humans have always played a crucial role in the evolutionary dynamics of agricultural biodiversity and thus there is a strong relationship between these resources and human cultures. These agricultural resources have long been treated as a global public good, and constitute the livelihoods of millions of predominantly poor people. At the same time, agricultural biodiversity is under serious threat in many parts of the world despite extensive conservation efforts. Ethical considerations regarding the collecting, research, and use of agricultural biodiversity are (...) currently topics of great concern. For example, easy access to genetic resources for breeding purposes is important, but international agreements and legal frameworks are necessary to ensure adequate recognition of the contributions of local communities and traditional farmers in creating and nurturing these resources. Here, we assess ethical principles in the context of existing codes of conduct that are relevant for agro-biodiversity researchers. We aim to create awareness among scientists and policy makers who are concerned with agro-biodiversity research and its potential impact on local communities. We encourage a serious assessment of the ethical principles presented here and hope to facilitate an integration of these principles into the reader’s personal ethical framework. Key ethical principles considered here include the importance of obtaining prior informed consent, equity, and the inalienability of rights of local communities and farmers. (shrink)