In R_ousseau on Education, Freedom, and Judgment_, Denise Schaeffer challenges the common view of Rousseau as primarily concerned with conditioning citizens’ passions in order to promote republican virtue and unreflective patriotic attachment to the fatherland. Schaeffer argues that, to the contrary, Rousseau’s central concern is the problem of judgment and how to foster it on both the individual and political level in order to create the conditions for genuine self-rule. Offering a detailed commentary on Rousseau’s major work on education, (...) Emile, and a wide-ranging analysis of the relationship between Emile and several of Rousseau’s other works, Schaeffer explores Rousseau’s understanding of what good judgment is, how it is learned, and why it is central to the achievement and preservation of human freedom. The model of Rousseauian citizenship that emerges from Schaeffer’s analysis is more dynamic and self-critical than is often acknowledged. This book demonstrates the importance of Rousseau’s contribution to our understanding of the faculty of judgment, and, more broadly, invites a critical reevaluation of Rousseau’s understanding of education, citizenship, and both individual and collective freedom. (shrink)

En el presente artículo proponemos una reflexión sobre el concepto y los usos de la interculturalidad en América Latina. Pensamos que debemos seguir apostando por la posibilidad de construcciones discursivas alternativas, críticas y estéticas observables y vivenciales en el derecho a la educación, respetando y aprendiendo de las diferencias. Partimos de una epistemología «otra» que pone en discusión el conocimiento «universal», en la medida que buscamos posicionar conocimientos «otros». Asimismo, cuestionamos lo establecido por la institucionalidad de los discursos oficiales y (...) apelamos a iniciativas emergentes enfocadas en la construcción y consolidación de nuevas subjetividades. En el marco de una relacionalidad vivencial simbólica buscamos dar cuenta de la unidad en la diversidad, la dualidad complementaria y la reciprocidad, lo que implica que sigamos apuntándola a un intercambio dinámico y fluido de saberes, y a la construcción colectiva del conocimiento como responsabilidad social compartida, no sólo en el discurso, sino en actos coherentes de una diversidad de actores sociales que aprecian sus diferencias, pero no son ajenos a la situación de los otros y a la inequidad social. In this paper we intend to reflect on the concept and practices of multiculturalism in Latin America. We think we should keep committing ourselves to the possible creation of alternative, critical, aesthetic, experiential and perceptible discourses on the right to be educated, respecting and learning from differences. We start from an «other» epistemology that raises questions about the «universal» knowledge as we seek to locate «other» knowledges. Furthermore, we question what is established by the institutionalization of official speeches, and we appeal to emerging initiatives focused on the construction and consolidation of new subjectivities. As part of a symbolic experiential relatedness we aim to account for unity in diversity, complementary duality and reciprocity, which means that we continue pointing out to a dynamic and fluid knowledge exchange, and to the collective construction of knowledge as a shared social responsibility not only in speech, but also in consistent acts of a variety of social actors who appreciate their differences, not unaware of the situation of other people and of social inequality. (shrink)

A new research area linked to ethics, virtues, and morality is servant leadership. Scholars are currently seeking publication outlets as critics debate whether this new leadership theory is significantly distinct, viable, and valuable for organizational success. The aim of this study was to identify empirical studies that explored servant leadership theory by engaging a sample population in order to assess and synthesize the mechanisms, outcomes, and impacts of servant leadership. Thus, we sought to provide an evidence-informed answer to how does (...) servant leadership work, and how can we apply it? We conducted a systematic literature review (SLR), a methodology adopted from the medical sciences to synthesize research in a systematic, transparent, and reproducible manner. A disciplined screening process resulted in a final sample population of 39 appropriate studies. The synthesis of these empirical studies revealed: (a) there is no consensus on the definition of servant leadership; (b) servant leadership theory is being investigated across a variety of contexts, cultures, and themes; (c) researchers are using multiple measures to explore servant leadership; and (d) servant leadership is a viable leadership theory that helps organizations and improves the well-being of followers. This study contributes to the development of servant leadership theory and practice. In addition, this study contributes to the methodology for conducting SLRs in the field of management, highlighting an effective method for mapping out thematically, and viewing holistically, new research topics. We conclude by offering suggestions for future research. (shrink)

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

Previous research on sustainable entrepreneurship has mainly aimed to understand the antecedents of entrepreneurs’ sustainability-oriented behavior. Yet the literature lacks a more nuanced understanding of how entrepreneurs implement sustainability strategies when creating a new venture. Drawing on sustainability concepts, we first examine how entrepreneurs balance the economic, environmental, and social dimensions as part of their ventures’ strategic ambitions. We show that sustainable entrepreneurs prioritize the three sustainability dimensions and possibly reprioritize them in response to stakeholder interests. Applying a stakeholder theory (...) perspective, we theorize that how entrepreneurs balance their sustainability dimensions and goals depends on the degree of stakeholder involvement and of external expectations. Our contributions refine the growing sustainable entrepreneurship literature and call attention to the importance of including weightings and time when examining the dimensions of sustainability. (shrink)

The article explores the problem of preferable technological changes in the context of work. To this end, it addresses the ‘why’ (motives and values) and the ‘how’ (organizational forms) of automation from a normative perspective. Concerning the ‘why,’ automation processes are currently mostly driven by values of economic efficiency. Yet, since automation processes are part of the basic structure of society, as is the division of labor, considerations of justice apply to them. As for the ‘how,’ the article suggests ‘fair (...) hybrid cooperation’ as an alternative ideal to guide automation priorities. It is achieved when the division of labor between humans and machines does not hinder, and preferably enables, workers’ experience of certain primary qualities in their work activity. By analogy with Rawls’ primary goods, these are qualities that it is necessary for every worker to experience in order to pursue their life plans: security, self-direction, self-development, dignity, and recognition. According to this criterion, the tasks to automate first are those hindering these contributive primary qualities. This provides us with a normative vocabulary and a standard to orient automation decisions but also to assess existing organizational forms and envisage alternative cooperative imaginaries. To illustrate how the ideal may play out in the real world, the article concludes with a ‘fair hybrid cooperation test’ and a nurse bots case for meaningful work. (shrink)

This book begins to recognize and represent the impact of Black feminist and womanist theory in curriculum theorizing. This collection includes a vibrant group of women of color who do curriculum work to reflect on a Black feminist/womanist scholar, text, and/or concept and how it has influenced and enriched their work as scholar-activists.

It has been asserted that the socio-emotional challenges associated with autism spectrum disorder may be explained, in part, by the higher rates of alexithymia in individuals with autism. Alexithymia refers to difficulties in identifying one’s own emotional states and describing those states to others. Thus, one goal of the present study was to examine levels of alexithymia in relation to ASD symptomatology and trait emotion intelligence. Trait EI is a multifaceted concept that captures emotional competencies and behavioral dispositions A second (...) goal was to assess whether alexithymia, ASD symptomatology and trait EI served as significant predictors of adjustment to college, including academic, social, and personal-emotional adjustment. In addition to keeping with the spectrum nature of autism, our research strategy allowed us to capture those students who may not have received a formal diagnosis of ASD but report symptoms that can be indicative of ASD. This includes women, who are less likely to receive a diagnosis of ASD even when ASD symptomatology is present. The results of the study showed that students reporting higher levels of ASD symptomatology also reported significantly higher levels of alexithymia and lower trait emotional intelligence than those with less or no symptomatology. Alexithymia was also negatively related to trait EI, and both alexithymia and ASD symptomatology were found to be significant predictors of trait EI. However, only trait EI was a significant predictor of adjustment to college and only for social adjustment. These findings suggest that support programs that develop trait EI skills may improve the college experience for students with ASD, regardless of alexithymia or ASD symptomatology. (shrink)

There are significant challenges to developing a neo-Aristotelian account of a virtue of patience. First, on an Aristotelian understanding, virtue is both instrumentally good and good in itself. Yet exclusively instrumental views of patience are pervasive in the philosophical literature. Furthermore, these instrumental views present patience as more like a psychological skill than a virtue of character. Skills, however, can be misused. If patience is to be a virtue, its account must entail goodness in its possessor. Finally, there is the (...) challenge of specifying a field, or sphere of concern, for patience, given the diversity of phenomena that we tend to attribute to it. I propose a thin account of a virtue of patience that, I contend, can meet these challenges. (shrink)

P-Consciousness is to be understood in terms of an immediate fluctuating continuum that is a presentation of raw experiential matter against which A-consciousness acts to objectify, impose form or make determinate “thinkable” contents. A representationalises P but P is not itself representational, at least in terms of some concepts of “representation.” Block's arguments fall short of establishing that P is representational and, given the sort of cognitive science assumptions he is working with, he is unable to account for the aspect (...) of phenomenal content that he thinks goes beyond “representational” content. BBS discussion reveals the need for greater analysis and justification for a representationalist thesis of P. (shrink)

"Healing the past helps restructure the present, which then becomes the hope for the future." As we approach a new millennium, many of us are fearing for the future while hungering for a vision of our place in a sacred whole. The immense changes of the last hundred years have severed our sense of connection to a spiritual lineage that gave past generations the strength to meet life's challenges and bequeath wisdom to their descendants. In this inspirational yet down-to-earth book, (...) renowned healer and lecturer Denise Linn draws on her own story, as well as her Native American heritage and other ancient cultures, to guide you through acts of personal power that can reopen the wellspring of ancestral wisdom within you. By finding your roots and honoring your forebears--biological or adoptive, ethnic, cultural, mythological, and spiritual--you take your place as both a descendant and an ancestor. Defining who your ancestors are is a journey of self-discovery. Discovering who you are helps you break free from negative family patterns, embrace the positive, and create your own unique traditions. By fashioning a spiritual legacy through loving acts, you create energy to empower your future descendants. This fascinating guide teaches you to - Get in touch with the strength and spirit of your ancestors - Explore your personal myth - Restructure your past - Heal the family tree - Speak to your descendants through the art of giving - Revive rituals and create traditions for the twenty-first century With real-life stories and practical, easy-to-use exercises and meditations, Sacred Legacies shows how the choices we make in our own lives--however small--can forge a link with the future and help create a powerful new reality for all humanity and the planet. (shrink)

Radical Feminism Today offers a timely and engaging account of exactly what feminism is, and what it is not. Author Denise Thompson questions much of what has come to be taken for granted as `feminism' and points to the limitations of implicitly defining feminism in terms of `women', `gender', `difference' or `race//gender//class'. She challenges some of the most widely accepted ideas about feminism and in doing so opens up a number of hitheto closed debates, allowing for the possibility of (...) moving those debates further. (shrink)

Donation after circulatory determination of death (DCDD) is an accepted practice in the United States, but heart procurement under these circumstances has been debated. Although the practice is experiencing a resurgence due to the recently completed trials using ex vivo perfusion systems, interest in thoracoabdominal normothermic regional perfusion (TA-NRP), wherein the organs are reanimated in situ prior to procurement, has raised many ethical questions. We outline practical, ethical, and equity considerations to ensure transplant programs make well-informed decisions about TA-NRP. We (...) present a multidisciplinary analysis of the relevant ethical issues arising from DCDD-NRP heart procurement, including application of the Dead Donor Rule and the Uniform Definition of Death Act, and provide recommendations to facilitate ethical analysis and input from all interested parties. We also recommend informed consent, as distinct from typical “authorization,” for cadaveric organ donation using TA-NRP. (shrink)

Some philosophers have argued that Aristotle’s view of habituation gives rise to a ‘paradox of moral education.’ The inculcation of habit, they contend, seems antithetical to the cultivation of virtue. I argue that this alleged paradox arises from significant misunderstandings of Aristotle’s view. Habit formation need not be at odds with the development of the kinds of intelligent, reflective capacities required for virtue. Indeed, Aristotle seems right to insist on an important role for habit in the cultivation of virtue. I (...) suggest that habit formation is part of the story of how the virtuous come to see the world aright. (shrink)

Deliberative democracy has assumed a central role in the debate about deepening democratic practices in complex contemporary societies. By acknowledging the citizens as the main actors in the political process, political deliberation entails a strong ideal of participation that has not, however, been properly clarified. The main purpose of this article is to discuss, through Jürgen Habermas’ analysis of modernity, reason and democracy, whether and to what extent deliberative democracy and participatory democracy are compatible and how they can, either separately (...) or together, enhance democratic practices. Further exploration of this relationship will permit a better understanding of the possibilities and limits of institutionalizing both discourses, as well as of developing democracy in a more substantive dimension. (shrink)

Over several articles, John McDowell sketches an analogy between virtue and perception, whereby the virtuous person sees situations in a distinctive way, a way that explains her virtuous behavior. Central to this view is his notion of silencing, a psychological phenomenon in which certain considerations fail to operate as reasons in a virtuous person's practical reasoning. Despite its influence on many prominent virtue ethicists, McDowell's ‘silencing view’ has been criticized as psychologically unrealistic. In this article, I defend a silencing view (...) of practical reasoning. I argue that the phenomenon of silencing has a narrower scope than is typically acknowledged. As a result, the view does not require the virtuous to be detached, unfeeling, or unpalatably stoic. Furthermore, I offer a psychologically plausible interpretation of McDowell's claim that the virtuous see situations in a distinctive sort of way. The salient fact at which the virtuous arrive in their view of a situation should be understood, I argue, in terms of subjective construal. (shrink)

This book is a contribution both to analytical philosophy of mind, and to Marxist philosophy. Marxists see pervasive irrationality in the conduct of human affairs, and claim that people in a class-divided society are prone to a variety of misconceptions. They say that we can suffer from "false consciousness" in our views about what inspires our behavior and in our judgments as to what is good for us. Meyerson uses the techniques of analytic philosophy to investigate this picture and argues (...) that Marxism is committed to the idea of motivated belief, and that the idea is philosophically defensible. She shows that there are other philosophically defensible claims which are congenial to Marxism: that there are facts about interests, that interests are not based on wants, that a desire can be contaminated by its history, that our judgments about our interests do not automatically motivate us, and that beliefs can survive the evidence that they are false. Meyerson throws light on puzzling psychological phenomena which confront everyone in their everyday political experience. (shrink)

Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

This article contributes to the debate on automation and justice by discussing two under-represented concerns: labour justice and equality. Since automation involves both winners and losers, and given that there is no ‘end of work’ on the horizon, it is argued that most normative views on the subject – i.e. the ‘allocative’ view of basic income, and the ‘desirability’ views of post-work and workist ethics – do not provide many resources with which to address unjustly unequal divisions of labour involved (...) in technological innovation. This article problematises these common responses reframing the problem from the perspective of labour justice. While the allocative view assumes that labour justice follows ‘spontaneously’ from income redistribution, the desirability views are chiefly interested in either defining or contesting the meanings of work for individuals, overlooking the interdependent nature of work and concerns of equality other than autonomy. Two conceptions of labour justice are thus applied to the problem: Paul Gomberg’s contributive justice, and Iris Young’s democratic division of labour. Instead of deciding between them, the normative core of ‘contributive parity’ is suggested as a critical standard for assessing unequal labour structures, and for envisaging a future in which technology can be an ally in making social cooperation fair. (shrink)

Ethics consultants and critical care clinicians reflect on Seattle’s early experience as the United States’ first epicenter of COVID-19. We discuss ethically salient issues confronted at UW Medicin...

As a matter of respect for the person, it is considered an ethical duty to offer to return research results to participants where appropriate. Nevertheless, the return of individual research results to participants raises many socio-ethical issues and greater challenges when the participant is a child. This discrepancy arises partly because the return of individual pediatric research results entails a tripartite relationship between researcher, child, and parent and is embroiled in numerous considerations.Extra caution is required in the pediatric research context (...) because children cannot generally decide whether they want to be informed of their own research results or whether the results should be disclosed to parents. Children have long been considered a special and vulnerable group, and their parents, as guardians, play a critical role in the consent process. However, with regards to the return of individual research results, this might pose a potential conflict of interest between the current or future desires of the child and those of the parents. (shrink)

De tout temps, les hommes d'Etat ont eu pour préoccupation majeure de réaliser l'intégration de leurs citoyens. C'est ce souci qui conduit, dès -334, Alexandre le Grand, élève d'Aristote, à l'élaboration d'une pensée unique et universelle pour assurer la cohésion de son Empire à l'échelle planétaire. La pensée devient alors, par sa fonction d'intégration, une entreprise gérée par l'Etat qui la fait évoluer selon des procédés appelés à se transmettre d'Empire à Empire. L'enquête menée par l'auteur, en suivant la formation (...) de la pensée universelle en milieux grec et romain, sa rivalité avec le judaïsme, sa rencontre avec le christianisme et sa confrontation avec l'Islam révèle les enjeux de fond qui expliquent la genèse de la pensée en Occident et les temps forts de son évolution. C'est à la lumière de ces enjeux que se sont trouvés éclairés les grands phénomènes de l'Histoire tels que la construction de l'Europe, les Renaissances et les profondes transformations mentales, culturelles et sociales qu'elles provoquent dans les sociétés d'Occident, l'explosion des hérésies, (des albigeois, des vaudois... ) et leur répression, les guerres saintes (le djihad, les croisades), l'antijudaïsme précurseur de l'antisémitisme, l'inquisition... Poursuivie jusqu'à Saint Louis, l'enquête a confronté l'auteur à trois espaces: l'Orient sunnite et chiite, l'Espagne musulmane et l'Occident chrétien et à plusieurs courants de pensée. En cela cet ouvrage pose un jalon essentiel dans l'exploration de l'histoire de l'Occident dans ses rapports avec l'histoire universelle, l'histoire du Saint-Siège et celle des minorités à laquelle Denise Bonan accorde une grande place. " Autant de sujets de discussion, souligne Jean Glénisson dans sa préface, pour les historiens et les philosophes qui trouveront dans cet ouvrage le lieu de rencontres stimulantes. ". (shrink)

Animal ethics committees have been set up in many countries as a way to scrutinize animal experimentation and to assure the public that if animals are used in research then it is for a worthwhile cause and suffering is kept to a minimum. The ideals of Refinement, Reduction and Replacement are commonly upheld. However while refinement and reduction receive much attention in animal ethics committees the replacement of animals is much more difficult to incorporate into the committees’ deliberations. At least (...) in Australia there are certain structural reasons for this but it is likely that most of the reasons why replacement is left out apply to other countries as well. (shrink)

Background There is considerable variation in the functionality of bioethical services in different institutions and countries for children in hospital, despite new challenges due to increasing technology supports for children with serious illness and medical complexity. We aimed to understand how bioethics services address bioethical concerns that are increasingly encountered in paediatric intensive care. Methods A qualitative descriptive design was used to describe clinician’s perspectives on the functionality of clinical bioethics services for paediatric intensive care units. Clinicians who were members (...) of formal or informal clinical bioethics groups, or who were closely involved with the process of working through ethically challenging decisions, were interviewed. Interviews took place online. Resulting transcripts were analysed using thematic analysis. Results From 33 interviews, we identified four themes that described the functionality of bioethics services when a child requires technology to sustain life: striving for consensus; the importance of guidelines; a structure that facilitates a time-sensitive and relevant response; and strong leadership and teamwork. Conclusions Clinical bioethics services have the potential to expand their role due to the challenges brought by advancing medical technology and the increasing options it brings for treatment. Further work is needed to identify where and how bioethics services can evolve and adapt to fully address the needs of the decision-makers in PICU. (shrink)

An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content (...) of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.2 (2000) 88-112 [Access article in PDF] Milton's Aesthetics Of Eating Denise Gigante It is not a little curious that, with the exception of Ben Jonson (and he did not speak gravely about it so often), the poet in our own country who has written with the greatest gusto on the subject of eating is Milton. He omits none of the pleasures of the palate, great or (...) small. In his Latin poems, when young, he speaks of the pears and chestnuts which he used to roast at the fire with his friend Diodati. Junkets and other "country-messes" are not forgotten in his "Allegro." The simple Temptation in the Wilderness, "Command that these stones be made bread" (which was quite sufficient for a hunger that had fasted "forty days"), is turned, in Paradise Regained, with more poetry than propriety, into the set out of a great feast, containing every delicacy in and out of season. The very "names" of the viands, he says, were "exquisite." And in Paradise Lost, Eve is not only described as being skilful in paradisaical cookery ("tempering dulcet creams"), but the angel Raphael is invited to dinner, and helped by his entertainers to a series of tid-bits and contrasted relishes--Taste after taste, upheld with kindliest change. --Leigh Hunt, "Eating Songs" The title of an old play gives us a direct taste and surmise of its inwards, as the first lines of the Paradise Lost smack of the great Poem. --John Keats, "On 'Retribution, or the Chieftain's Daughter'" That Milton's Romantic readers should invoke the "taste" of his epic poetry suggests an awareness beyond the anecdotal. For as this essay will show, Milton complicates the category of physiological taste in such a manner as to form the ground for the possibility of aesthetic taste, which emerges as a distinct discourse in the early years of the eighteenth century. This is not to say that Milton is the only source for this dubious meaning-in-transition. But precisely how, prior to the interventions of Shaftesbury, Hutcheson, Hume, and the entire tradition of post-Miltonic theorists of taste, is one to read Adam's darkly sardonic postlapsarian remark: "Eve, now I see thou art exact of taste... And Palate call judicious" [PL IX.1017-20]? Critics have observed Milton's "ruthless and relentless pressure on 'taste,'" the fact that the word and its variants appear thirty times in Book IX of Paradise Lost alone [Ricks 69]. What I would like to suggest is that just as Milton is a seminal figure for the eighteenth-century aesthetic preoccupation with the sublime, 1 he is theoretically situated at the origins of the more generic thing called taste as well. [End Page 88]Of course Milton himself was aware of the epistemological implications of taste, whereby the Latin sapere can mean both "to taste" and "to know." 2 The fruit whose "mortal taste" was the source of all our woe did, after all, grow on the tree of knowledge, knowingly described by Satan as "precious of all Trees / In Paradise, of operation blest / To Sapience" [PL I.2, IX.795-97]. So too, when Adam calls Eve "exact of taste," he adds "of Sapience no small part" [PL IX.1018]. Throughout Paradise Lost and Paradise Regained, Milton plays with the epistemological connotation of taste, incorporating it even into the 1671 companion piece of the latter, Samson Agonistes, whose blind hero declares, "The way to know were not to see but taste" [1091]. At the time Milton was writing, however, taste was philosophically connected not only to knowledge and pleasure, but to morality as well. At the origins of the British empirical discourse of taste, Anthony Ashley Cooper, third Earl of Shaftesbury, inheriting this link between epistemology, aesthetics, and ethics, inquires: "Will it not be found... that what is beautiful is... true; and what is at once both beautiful and true is, of consequence, agreeable and good?" [2: 268-69]. For Milton as for Shaftesbury, the beautiful was the true was the good, and access to these ideals was bound up with the philosophic complexity... (shrink)

This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to (...) innovate was “responsible.” A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed “Right to Try” laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access. (shrink)