The theory of documentality is a way of describing social reality. Developed by Italian philosopher Maurizio Ferraris, it says that the world of social objects is a world of documents, fundamentally. Specifically, it attempts to fill in gaps regarding the existence of objects whose dependence precedes traditional, written documents. Borrowing from Derrida, Ferraris concludes that no part of social reality exists outside of texts, while expanding the notion of texts to include inscriptions as memories in minds. Social reality is constructed (...) by “inscriptions” on documents, the most basic of which can be the inscriptions of memories, ideas, and things like promises and intentions on the matter of human brains. In “Beyond Paper,” Barry Smith and I raise some issues that confront the theory of documentality when electronic documents are involved, specifically problems concerning the distinction between fixed inscriptions and dynamic software, as well as the existence of legal entities that are never inscribed at all (like a common law marriage, that can exist even without any agreement among the parties). Here, I consider briefly how extending our discussion of documentality and electronic media is further complicated by web 3.0, or the emerging realm of documents and processes involved in smart contracts and their offspring and consider some implications for the law arising from this new manner of executing code and weaving new layers of social reality. (shrink)

This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Gene patenting was enabled by strained interpretations of legal precedent and with very little consideration of its ultimate ethical implications. The sciences of justice, ethics, and morals remain in their dark ages, with their practitioners all ascribing to differing values and modes of inquiry, besieged in their various camps of deontological, or consequentialist, or emotive or theistic dogmas. Ownership and property rights in moveables are good candidates for grounded relations as opposed to intellectual property. The groundedness of a (...) valid possession rests on the intentional state of the possessor and other external and objective facts of the possession. The ontology of the social and legal institution of ownership reveals that it is grounded in certain states of affairs, such as brute‐worldly facts and intentional states, as well as social acts revealing intentions of the parties. (shrink)

Web legal information retrieval systems need the capability to reason with the knowledge modeled by legal ontologies. Using this knowledge it is possible to represent and to make inferences about the semantic content of legal documents. In this paper a methodology for applying NLP techniques to automatically create a legal ontology is proposed. The ontology is defined in the OWL semantic web language and it is used in a logic programming framework, EVOLP+ISCO, to allow users to (...) query the semantic content of the documents. ISCO allows an easy and efficient integration of declarative, object-oriented and constraint-based programming techniques with the capability to create connections with external databases. EVOLP is a dynamic logic programming framework allowing the definition of rules for actions and events. An application of the proposed methodology to the legal web information retrieval system of the Portuguese Attorney General’s Office is described. (shrink)

The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from onejurisdiction (...) to the next.The Internet has brought with it new forms ofcommunication which make determining the loci of actseven more complicated. Where are contracts negotiatedwhen they are negotiated in cyberspace? Business isbeing conducted in chat rooms, on web sites, andthrough e-mail. Each of these is technically distinctfrom telephones and fax machines. More importantly,these tools seem ontologically different, in varyingdegrees, from traditional methods of communication.The question is, are these ontological differencessufficient to warrant new legal notions ofjurisdiction in cyberspace?Only a thorough ontological analysis of the parts ofcyberspace and acts ``in'''' it can reveal the answers tothe legal questions posed by this new medium.Traditional legal analyses have relied, in part, on acrude legal ontology. That is, courts have grappledwith notions of the topology and mereology of theworld and legal objects when considering questions ofjurisdiction. There is a simpler, theoretically soundmethod for determining legal jurisdiction which isbased upon the notion of ``purposeful direction,'''' andwhich treats computer-mediated transactions as justanother form of communication. I will explore thatmethod below. (shrink)

Despite facing significant criticism for assigning human-like characteristics to artificial intelligence, phrases like “trustworthy AI” are still commonly used in official documents and ethical guidelines. It is essential to consider why institutions continue to use these phrases, even though they are controversial. This article critically evaluates various reasons for using these terms, including ontological, legal, communicative, and psychological arguments. All these justifications share the common feature of trying to justify the official use of terms like “trustworthy AI” by appealing (...) to the need to reflect pre-existing facts, be it the ontological status, ways of representing AI or legal categories. The article challenges the justifications for these linguistic practices observed in the field of AI ethics and AI science communication. In particular, it takes aim at two main arguments. The first is the notion that ethical discourse can move forward without the need for philosophical clarification, bypassing existing debates. The second justification argues that it’s acceptable to use anthropomorphic terms because they are consistent with the common concepts of AI held by non-experts—exaggerating this time the existing evidence and ignoring the possibility that folk beliefs about AI are not consistent and come closer to semi-propositional beliefs. The article sounds a strong warning against the use of human-centric language when discussing AI, both in terms of principle and the potential consequences. It argues that the use of such terminology risks shaping public opinion in ways that could have negative outcomes. (shrink)

This article explores medical responsibility and negligence from an ethical and legal perspective within the Colombian context. It highlights causes of negligence such as deficiencies in professional training and organizational problems. The article emphasizes "objective imputation as key to determining the criminal responsibility of the physician" (Alvarado D. 2019). The objectives include analyzing the current legal framework in Colombia and assessing the link between medical ethics and legal responsibility. The methodology builds upon a thorough examination of (...) specialized literature, including peer-reviewed scientific articles in medicine and law, as well as legal documents and ethical regulations. A targeted search was conducted across various bibliographic databases including Google Scholar, Redalyc, Scielo, Dialnet, Biomed Central, Miguel De Cervantes Virtual Library, and BVS virtual health library. (shrink)

In the specific case of geography, the real world consists on the one hand of physical geographic features (bona fide objects) and on the other hand of various fiat objects, for example legal and administrative objects, including parcels of real estate, areas of given soil types, census tracts, and so on. It contains in addition the beliefs and actions of human beings directed towards these objects (for example, the actions of those who work in land registries or in census (...) bureaux), and the relations between these beliefs and actions and their targets. The document is a Report of the Specialist Meeting held under the auspices of the Varenius Project. (shrink)

Background Cardiopulmonary resuscitation and subsequent care are subject to various ethical and legal issues. Few studies have addressed ethical and legal issues in post-resuscitation care. Objective To explore nurses’ experiences of ethical and legal issues in post-resuscitation care. Research design This qualitative study adopted an exploratory descriptive qualitative design using conventional content analysis. Participants and research context In-depth, semi-structured interviews were conducted in three educational hospital centers in northwestern Iran. Using purposive sampling, 17 nurses participated. Data were (...) analyzed by conventional content analysis. Ethical considerations The study was approved by Research Ethics Committees at Tabriz University of Medical Sciences. Participation was voluntary and written informed consent was obtained. For each interview, the ethical principles including data confidentiality and social distance were respected. Findings Five main categories emerged: Pressure to provide unprincipled care, unprofessional interactions, ignoring the patient, falsifying documents, and specific ethical challenges. Pressures in the post-resuscitation period can cause nurses to provide care that is not consistent with guidelines, and to avoid communicating with physicians, patients and their families. Patients can also be labeled negatively, with early judgments made about their condition. Medical records can be written in a way to indicate that all necessary care has been provided. Disclosure, withdrawing, and withholding of therapy were also specific important ethical challenges in the field of post-resuscitation care. Conclusion There are many ethical and legal issues in post-resuscitation care. Developing evidence-based guidelines and training staff to provide ethical care can help to reduce these challenges. (shrink)

Background: Clinical ethics consultation services have been established in many countries during recent decades. An important task is to discuss concrete clinical cases. However, empirical research observing what is happening during such deliberations is scarce. Objectives: To explore clinical ethics committees’ deliberations and to identify areas for improvement. Design: A pilot study including observations of committees deliberating a paper case, semistructured group interviews, and qualitative analysis of the data. Participants: Nine hospital ethics committees in Norway. Results and (...) interpretations: Key elements of the deliberations included identifying the ethical problems; exploring moral values and principles; clarifying key concepts and relevant legal regulation; exploring medical facts, the patient’s situation, the therapists’ perspective, analogous clinical situations, professional uncertainties, the patient’s and relatives’ perspective, and clinical communication; identifying the involved parties and how to involve them; identifying possible courses of action, and possible conclusion and follow-up. The various elements were closely interwoven. The content and conclusions varied and seemed to be contingent on the committee members’ interpretations, experience and knowledge. Important aspects of a clinical ethics deliberation were sometimes neglected. When the committees used a deliberation procedure and a blackboard, the deliberations tended to become more systematic and transparent. Many of the committees were insecure about how to include the involved parties and how to document the deliberations. Conclusion: Clinical ethics committees may provide an important arena for multidisciplinary discussions of complex clinical ethics challenges. However, this seems to require adequate composition, adoption of transparent deliberation procedures, and targeted training. (shrink)

RESUMEN El objetivo del presente estudio está dirigido a exponer particularidades éticas del trabajo anatomopatológico a la luz de la realidad histórico social. Se emplean métodos teóricos y empíricos y a partir del análisis documental se opera con referentes en los enfoques contemporáneos. El estudio de aspectos generales referidos a la moral y a la ética permitió acceder a definiciones, bases legales y evolución histórica, a la vez que se profundiza en su repercusión en el sector salud y se desarrollan (...) las peculiaridades del trabajo anatomopatológico desde sus manifestaciones en la actividad asistencial, docente e investigativa. Se concluye que los principios éticos generales de la conducta profesional y médica son aplicables al trabajo anatomopatológico en todas sus esferas; al igual que los de la bioética. ABSTRACT The objective of the present study is directed to exhibit ethical peculiarities of the anatomical-pathological work in view of the historical-social reality. Theoretical and empirical methods are used and from the documentary analysis it occurs with modality in the contemporary approaches. The study of general aspects referred to the morality and to the ethics allowed to gain access to definitions, legal bases and historical evolution, simultaneously that deepens in its aftereffect in the sector health and the peculiarities of the anatomical-pathological work develop from its declarations in the welfare, teaching and investigative activity. One concludes that the general ethical beginning of the professional and medical conduct is applicable to the anatomical-pathological work in all its spheres; as those of the bioethics. (shrink)

Background Victoria was the first Australian state to legalize voluntary assisted dying (elsewhere known as physician-assisted suicide and euthanasia). Some institutions indicated they would not participate in voluntary assisted dying. The Victorian government issued policy approaches for institutions to consider Objective To describe and analyse publicly available policy documents articulating an institutional objection to voluntary assisted dying in Victoria. Methods Policies were identified using a range of strategies, and those disclosing and discussing the nature of an institutional objection were thematically (...) analysed using the framework method. Results The study identified fifteen policies from nine policymakers and developed four themes: (1) extent of refusal to participate in VAD, (2) justification for refusal to provide VAD, (3) responding to requests for VAD, and (4) appeals to state-sanctioned regulatory mechanisms. While institutional objections were stated clearly, there was very little practical detail in most documents to enable patients to effectively navigate objections in practice. Conclusion This study demonstrates that despite having clear governance pathways developed by centralized bodies (namely, the Victorian government and Catholic Health Australia), many institutions’ public-facing policies do not reflect this guidance. Since VAD is contentious, laws governing institutional objection could provide greater clarity and regulatory force than policies alone to better balance the interests of patients and non-participating institutions. (shrink)

Objective To obtain information about the similarities and differences in regulating different types of medical research in the European Union .Methods Web searches were performed from September 2009 to January 2011. Notes on pre-determined topics were systematically taken down from the web pages. The analysis relied only on documents and reports available on the web, reflecting the situation at the end of 2010.Results In several countries, regulatory legislation applied only to clinical trials on drugs and medical devices, in other states (...) various types of research were also regulated but by laws different from those concerning trials, and in many countries, some research areas were not controlled by legislation at all. In very few countries was all medical research handled similarly from a legal point of view. The number of research ethics committees in a single country varied from one to 264. Their areas of responsibility, working principles and length of time to grant research permission varied as well as the rules for obtaining informed consent from vulnerable groups. In 10 EU countries, there was no appeal mechanism after a negative decision by an REC. The RECs were not accountable to any organisation in five EU countries.Conclusions There is a need for a fundamental debate regarding whether and which kinds of changes are needed for the further harmonisation of medical research governance in the EU and how cross-country medical research could be facilitated in the future. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...) static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

Organizations do moral wrong. States pursue unjust wars, businesses avoid tax, charities misdirect funds. Our social, political, and legal responses require guidance. We need to know what we’re responding to and how we should respond to it. We need a metaphysical and moral theory of wrongful organizations. This book provides a new such theory, paying particular attention to questions that have been underexplored in existing debates. These questions include: where are organizations located as material objects in the natural world? (...) What’s the metaphysical relation between organizations and their members? Can organizations be blameworthy for attitudes and character traits, as well as for actions? What about feelings of guilt, remorse, and shame—can organizations feel these emotions and why does this matter? How and why are members implicated in organizations’ wrongs? How should organizations’ reparative costs be apportioned among members? The book answers these questions. It argues that organizations are material objects with humans as material parts—much like how a pizza is a material object with slices as material parts. This picture helps us make sense of organizations’ blameworthiness, including blame for organization-level actions, attitudes, and character traits. The book argues that organizations can experience moral self-awareness—a crucial component of guilt, remorse, and shame. Members can be implicated in organizations’ actions in numerous ways—and, it is argued, members’ level of implication should determine their share of organizations’ reparative burdens. (shrink)

Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the "social," and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All (...) of which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society. (shrink)

Objectives: Clinical trials in humans in Germany—as in many other countries—must be approved by local research ethics committees . The current study has been designed to document and evaluate decisions of chairpersons of RECs in the problematic field of non-therapeutic research with minors. The authors’ purpose was to examine whether non-therapeutic research was acceptable for chairpersons at all, and whether there was certainty on how to decide in research trials involving more than minimal risk.Design: In a questionnaire, REC chairpersons (...) had to evaluate five different scenarios with non-therapeutic research. The scenarios described realistic potential research projects with minors, involving increasing levels of risk for the research participants. The chairpersons had to decide whether the respective projects should be approved.Methods: A total of 49 German REC chairpersons were sent questionnaires; 29 questionnaires were returned. The main measurements were approval or rejection of research scenarios.Results: Chairpersons of German RECs generally tend to accept non-therapeutic research with minors if the apparent risk for the participating children is low. If the risk is clearly higher than “minimal”, the chairpersons’ decisions differ widely.Conclusion: The fact that there seem to be different attitudes of chairpersons to non-therapeutic research with minors is problematic from an ethical point of view. It suggests a general uncertainty about the standards of protection for minor research participants in Germany. Therefore, further ethical and legal regulation of non-therapeutic research with minors in Germany seems necessary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal CommentaryGreg Vijayendran, PartnerThe issues arising for consideration in this case are:a). the nature of the investigator-subject relationship that gives rise to an ethical duty to disclose incidental findings;b). whether the research team in this case (including the principal investigator and co-investigator) has a duty to disclose the incidental finding observed to the research volunteer; andc). whether the research team has a further ethical duty to ensure that (...) the MRI scans are clinically evaluated to identify potential health problems.The starting point is to define “incidental findings” for clarity and precision. A good working definition of the same is “a finding concerning an individual research participant that has potential health or reproductive importance and that is discovered in the course of conducting research but is beyond the aims of the study”.1With regard to incidental findings, Miller, Mello and Joffe in an insightful article2 observe:… there is little ethical guidance available to steer such efforts, and practices appear to vary widely. Although several articles have catalogued the ethical dilemmas surrounding incidental findings, with the exception of seminal work by Henry Richardson and Leah Belsky on the more general topic of researchers’ obligations to provide ancillary clinical care to research subjects, systematic ethical analysis of the incidental findings problem is lacking.In this case scenario, there is no concurrent, overlapping physician-patient relationship (even if the research subjects were recruited from patients at the hospital’s memory clinic) that might provide an alternative [End Page 274] source of obligations relating to incidental findings. No representations have been made by the research team to the patient-volunteers. The patient-volunteers did not opt to be kept in the know as to incidental findings. Neither did they express a preference not to be informed of such findings. Had they done so, such a choice would presumably absolve the research team from keeping the patient-volunteers informed. From an autonomy perspective, there is no compelling reason why such a choice by a patient-volunteer should not be honoured.One view of the first issue outlined above is that the relationship between a research investigator and a research subject is founded in contract. On that premise, investigators have no default obligations, only what is expressed or implied in the terms of the “contracts” for recruiting volunteers. The relevant documents and data to be analysed would be the “contracts” executed by the parties and the informed consent form as well as interactions and iterations between investigators and patient-volunteers. Of particular significance would be representations made by the investigators that could form part of the terms of the contract. Apart from express terms, there would also be some rare implied terms — for example, an implied term of good faith although this has only been recognised in certain sui generis categories of contracts (for example, insurance contracts). Adopting this perspective strips away any fiduciary or professional aspects of the relationship and reduces the relationship to nothing more than a contractual one. Such a view relies on the legal relationship as a springboard for the ethical duties although this perspective would be reductive because very few implied duties are presumed. Unless incidental findings fall within the terms of the contract, investigators are under no obligation to respond to them. In the final analysis, the main objection to this contractual perspective is that it conflates legal duties with ethical duties when these two distinct types of obligations which investigators and a research team have to elucidate.An alternative approach involves a focus on professional relationships. Concepts of incidental findings and ancillary care presume some sort of professional relationship pursuant to which the findings are analysed as incidental or the care is determined as ancillary. “Professionals” refer to persons who are usually distinguished by their specialised knowledge and training as well as by their commitment to provide important services to patients, clients or consumers.3 Professional relationships are often, but not always, characterised by a service role, sometimes involving a fiduciary relationship.Although researchers cannot be viewed as having a service role vis-à-vis individual subjects, it is reasonable [End Page 275] to regard research as a professional activity. Researchers possess... (shrink)

In a global economic landscape of hyper-commodification and financialisation, efforts to assimilate digital art into the high-stakes commercial art market have so far been rather unsuccessful, presumably because digital artworks cannot easily assume the status of precious object worthy of collection. This essay explores the use of blockchain technologies in attempts to create proprietary digital art markets in which uncommodifiable digital artworks are financialised as artificially scarce commodities. Using the decentralisation techniques and distributed database protocols underlying current cryptocurrency technologies, such (...) efforts, exemplified here by the platform Monegraph, tend to be presented as concerns with the interest of digital artists and with shifting ontologies of the contemporary work of art. I challenge this characterisation, and argue, in a discussion that combines aesthetic theory, legal and philosophical theories of intellectual property, rhetorical analysis and research in the political economy of new media, that the formation of proprietary digital art markets by emerging commercial platforms such as Monegraph constitutes a worrisome amplification of long-established, on-going efforts to fence in creative expression as private property. As I argue, the combination of blockchain-based protocols with established ambitions of intellectual property policy yields hybrid conceptual-computational financial technologies (such as self-enforcing smart contracts attached to digital artefacts) that are unlikely to empower artists but which serve to financialise digital creative practices as a whole, curtailing the critical potential of the digital as an inherently dynamic and potentially uncommodifiable mode of production and artistic expression. (shrink)

There is no question about the innovation force and the economic potential of blockchain technology. As the basis for new currencies, financial services, and smart contracts, blockchain technology can be seen as the fifth disruptive computing paradigm, after mainframes, personal computers, the Internet, and mobile devices. However, there are questions about its ethical implications, which have the potential to also impact the economic success of blockchain technology. This article aims to provide ethical guidance on blockchain technology. In order to reach (...) this goal, the focus of the ethical analysis will first concentrate on the unique characteristics of blockchain technology compared to other technology-based innovations. The unique nucleus of blockchain technology can be defined as a move from the trust in people to a trust in math, as a move from an internet of information to an internet of value, or—as I would propose—a shift from an intermediated network to an immediate network. Second, the ethical opportunities (e.g., transparency, participation, global access to services) and risks (e.g., ecological impact, lack of legal monitoring and enforcement) associated with this unique nucleus of blockchain technology will be discussed. Third, an outlook on possible concrete solutions will be provided. (shrink)

Healthcare policy and academic literature have promoted improving the transitional care of young people leaving child and adolescent mental health services. Despite the availability of guidance on good practice, there seems to be no readily accessible, coherent ethical analysis of transition. The ethical principles of non-maleficence, beneficence, justice and respect for autonomy can be used to justify the need for further enquiry into the ethical pros and cons of this drive to improve transitional care. The objective of this systematic review (...) was therefore to systematically search for existing ethical literature on child- to adult-orientated health service transitions and to critically appraise and collate the literature, whether empirical or normative. A wide range of bioethics, biomedical and legal databases, grey literature and bioethics journals were searched. Ancestral and forward searches of identified papers were undertaken. Key words related to transition, adolescence and young adulthood, ethics, law and health. The timeframe was January 2000 to at least March 2016. Titles, abstracts and, where necessary, full articles were screened and duplicates removed. All included articles were critically appraised and a narrative synthesis produced. Eighty two thousand four hundred eighty one titles were screened, from which 96 abstracts were checked. Forty seven full documents were scrutinised, leading to inclusion of two papers. Ancestral and forward searches yielded four further articles. In total, one commentary, three qualitative empirical studies and two clinical ethics papers were found. All focused on young people with complex care needs and disabilities. The three empirical papers had methodological flaws. The two ethical papers were written from a clinical ethics context rather than using a bioethical format. No literature identified specifically addressed the ethical challenges of balancing the delivery of transitional care to those who need it and the risk of pathologizing transient and self-limited distress and dysfunction, which may be normal during adolescence. There is very little research on ethical aspects of transitional care. Most existing studies come from services for young people with complex care needs and disabilities. There is much scope for improvement in the amount and quality of empirical research and ethical analysis in this area. (shrink)

This paper investigates ontological dimensions of the blockchain by asking what kind of socio-technical object bitcoin is. It discusses both blockchain's political qualities and the political forms enabled by its emergence. It first observes recent approaches to the ontology of money and the political qualities of the ledgers used by the current fractional reserve banking model. It then directs the same questions at blockchain technology. The paper discusses an ontology proposed by Ole Bjerg and argues in favour of a mixed-ontology (...) approach to blockchains. It then questions the political qualities of the distributed ledger as a digital object and highlights the apparent absence of authority figures in the model. Finally, it argues that the political ontology of the blockchain can be framed as the displacement of authority from institutional actors into instrumental control of trust, in a dynamically distributed environment. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

I begin by distinguishing two general approaches to metaethics and ontology. One in effect puts our experience as engaged ethical agents on hold while independent metaphysical and epistemological inquiries, operating by their own lights, deliver metaethical verdicts on acceptable interpretations of our ethical lives; the other instead keeps engaged ethical experience in focus and allows our reflective interpretation of it to shape our metaphysical and epistemological views, including our ontology. While the former approach often leads to deflationary views, the latter (...) may lead us to enrich our metaethical picture as needed to capture robust objectivity and categorical normative authority for ethics. Assuming, as I have argued elsewhere, that this requires positing irreducibly evaluative or normative properties and facts, the question I take up here is what ontological implications this has. I argue against quietist non-naturalist views, which maintain that positing such properties and facts either has no ontological implications or has only domain-specific ontological implications that likewise imply nothing about what the world contains. Against these views, I advocate a worldly, dual-aspect view, locating irreducibly evaluative or normative properties as features of relevant worldly things. But while I have previously defended this view as a form of non-naturalism, I here explore the possibility of instead seeing it as a new, more expansive form of naturalism—what might be called “Non-Scientistic Naturalism”—inspired by parallel attempts in the philosophy of mind to accommodate irreducibly phenomenal properties within a more expansive physicalism. (shrink)

In 2009 Dutch judges convicted several minors for theft of virtual items in the virtual worlds of online multiplayer computer games. From a legal point of view these convictions gave rise to the question whether virtual items should count as “objects” that can be “stolen” under criminal law. This legal question has both an ontological and a moral component. The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. The question (...) whether or not they should count as such under criminal law is of a moral nature. The purpose of this paper is to answer both the ontological question and the moral question underlying the legal question. (shrink)

Purpose of the article is to reconstruct the legal sources of Christian anthropology. Theoretical basis. The methodological basis of the article is the understanding of the fundamental foundations of Christian anthropology in the context of Roman legal understanding. Originality. From the point of view of the Christian religion, man is a dual being: his body is part of the material world, but his soul is not from this world, he is born directly from God. The transcendent origin of (...) the soul gives it the right to communicate with God, but this right can be realized only with the help of the Church, which is seen as the "bride of the Lamb" and the mystical "body of Christ". Interpretations of the essence of church organization correlate with the principles of organization of the Roman community. The principle of universal priesthood correlates with the idea of "post-Tarquinian democracy", recognizing the people of Rome as the supreme bearer of the empire of Jupiter; catholicity – with the idea of the senate as a meeting of the most deserving leaders of the community; apostolic succession – with the institution of republican magistrates, who even though received their power from the community, but through "consultations with the gods". In essence, Christian dogmatism is Roman law applied to the Middle Eastern religion; the Bible was interpreted as a legal document, and theologians acted as lawyers. Conclusions. In the ancient Churches the ideal of Roman law was realized as the right of impersonal law, standing outside and above the individual. The latter has no ontological value, it is a "servant of God", but the union of men into the mystical "body of Christ" makes the latter empowered to represent God on earth and to act on his behalf. The Renaissance paved the way for the Reformation, in which a powerful "Greek" lobby declared itself. Despite the fact that many leaders of the Reformation had a personal dislike for philosophy, they were spontaneous philosophers, believing themselves entitled to interpret the will of God independently, regardless of the authority of the councils. They were strict rationalists who only changed the object of their reason: if the ancient Greeks tried to comprehend the world rationally, the Protestants set themselves the goal of rationally comprehending the Book. Ultimately, the main question of Christian theology is the question of man’s attitude to God, and the differences between the anthropological systems within Christianity are the options for answering this question. (shrink)

How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the (...) “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. (shrink)

In this brief book one of the most distinguished living American philosophers takes up the question of whether ethical judgments can properly be considered objective--a question that has vexed philosophers over the past century. Reviewing what he deems the disastrous consequences of ontology's influence on analytic philosophy--in particular, the contortions it imposes upon debates about the objective of ethical judgments--Putnam proposes abandoning the very idea of ontology.

Purpose: Development of conceptual approaches to the understanding of ethical aspects of digital technologies, based on the ontological turn in the understanding of technological normativity.Design / Method / Approach: The research is based on an interdisciplinary approach combining philosophy of technology, ethics, social philosophy, science and technology research, computer science and cognitive psychology. Methods of conceptual analysis, phenomenological description, critical discourse analysis and comparative analysis are used.Findings: The ontological status of digital objects and their role in the formation of (...) ethical experience is analyzed. The forms of normativity of digital technologies are revealed: interface, algorithmic and infrastructural.Theoretical implications: The research contributes to the development of conceptual approaches to the ethical aspects of digital technologies, creating a basis for the integration of various philosophical traditions and expanding the possibilities of ethical analysis in the digital era.Practical implications: The proposed approach can be used to develop strategies for ethical design and management of digital technologies, including creating ethical guidelines, conducting ethical audits, designing interfaces, and developing educational programs on digital ethics.Originality / Value: A comprehensive approach to the consideration of the ethics of digital technologies is proposed, taking into account the ontological turn in the understanding of technological normativity. The novelty lies in the integration of the ideas of postphenomenology, object-oriented ontology and philosophy of information for the analysis of the ontology of digital objects and their normative force.Research limitations / Future research: Prospects include empirical studies of various forms of technological normativity, in-depth study of the ontological status of specific types of digital objects, and analysis of the relationship between the ontology of digital objects and their normative force in various contexts. The limitations are related to the theoretical nature of the study, which requires further empirical verification.Paper type: Theoretical. (shrink)

Concern for what we do to plants is pivotal for the field of environmental ethics but has scarcely been voiced. This paper examines how plant ethics first emerged from the development of plant science and yet also hit theoretical barriers in that domain. It elaborates on a case study prompted by a legal article on “the dignity of creatures” in the Swiss Constitution. Interestingly, the issue of plant dignity was interpreted as a personification or rather an “animalization (...) of plants.” This sense of irony makes sense when one realizes that on scientific grounds the plant is a “second animal,” i.e., it differs from the animal in degree of life or some ethically-relevant criterion but not in nature. From the point of view of ethics however, plants should be defended for what they are by nature and not by comparison to external references: the ethical standing of plants cannot be indexed to animals. It is thus reckoned that to circumvent this odd fetishism, the plant ethics can only be adequately addressed by changing the theory of plant science. Common sense tells us this: plants and animals belong to radically different fields of perception and experience, a difference that is commonly captured by the notion of kingdom. In this paper we remind the ethical conversation that plants are actually incommensurable with animals because they are unsplit beings (having neither inside nor outside), i.e., they live as “non-topos” in an undivided, unlimited, non-centered state of being. It is concluded that the unique ontology of plants can only be addressed through a major change from object-thinking to process-thinking and a move from ego-centric to “peri-ego” ethics. (shrink)

The following paper aims to re-examine the nature of the moral self as expounded by the Care Ethicists with the prime objective of understanding its ontological potential. It will be argued that this philosophical endeavor of examining the nature of the moral self in light of the Care Ethics theory echoes ontological thoughts and ideas that orbit around themes such as relationality, emotionality, and contextuality. The paper seeks to exhaustively explore the moral significance of these detected ontological standards of (...) the Ethics of Care project. Through this engagement, an affinity between the moral and the ontological aspects of Care Ethics shall be identified. Discussing the proposed ontological significance and implication of the care theory, we shall determine if there is a possibility for developing a dialogue between the domain of ethics and ontology, and if so, then consider what the ontological roots of feminist Care Ethics are. Consequently, through this project, we shall present a revised narrative of morality altogether. (shrink)

Recently within the critical accounting literature Funnell (1998) has argued that accounting was implicated in the Holocaust. This charge is primarily related to the technical, mathematical nature of accounting and its ability to dehumanise individuals. Broadbent (1998, see also DeMoss and McCann, 1997) has also contended that "accounting logic" excludes emotion. She suggests that a more emancipatory form of accounting could be possible if emotion were given a voice and allowed to be heard within accounting discourse (see also Kjonstad and (...) Wilmott, 1995). This paper contends that emotion should be introduced into accounting education and in particular emotional commitment to other individuals should be encouraged. It is suggested that one way to do this may be through business ethics education. It is also suggested that increasing ethical commitment to other individuals may go some way towards combating the tendency for accountancy to dehumanise other people. While there have been specific studies of ethics and accounting education there has, as yet, been little open debate about what the objectives of accounting ethics education should be or the specific techniques that could be used to meet the desired aims. This paper contends that accountancy has become dangerously dehumanised and that one of the most important objectives for any business ethics education must be to develop an empathy with "the other". The paper studies the developments within the medical, legal and engineering profession in order to suggest some specific methods which could be employed in order to re-humanise accountancy and develop a sense of moral commitment towards other individuals. (shrink)

This symposium contribution discusses the conception of ethical objectivity found in the metaethical views of Hilary Putnam's book Ethics without Ontology.

Objective To document the legal guardian-related barriers to consent procurement, and their stated reasons for non-participation in a paediatric critical care research study.Study design A multicentre, prospective, cohort study.Participants Legal guardians of children who participated in a multicentre study on adrenal insufficiency in paediatric critical illness. Data were collected on all consent encounters in the main study.Methods Screening data, reasons for consent not being obtained, paediatric risk of mortality scores and age were collected on all 1707 patients eligible (...) for participation in the Adrenal Insufficiency Study.Results The main barriers to approaching legal guardians for consent were lack of availability of the legal guardians and language barriers . Legal guardians of 917 patients were approached with an overall consent rate of 42% . 81% of the 528 legal guardians who declined consent provided an unsolicited reason for refusal. The three most commonly stated reasons were: being overwhelmed , not wanting anything else done to their child and not wanting an additional medication . In addition, 14.2% cited research-related concerns as the reason for their non-participation.Conclusions Barriers to consent procurement in a non-therapeutic paediatric critical care study appear to occur at many levels with lack of availability of legal guardians, and legal guardians feeling overwhelmed, being the most commonly recorded reasons. Further research into the impact of these findings on the validity and generalisability of the results of such studies is necessary prior to the development and study of future consent models. (shrink)

Background The nursing profession requires ethical and legal regulations to guide nurses’ performance. Ethical climate plays a part in shaping nurses’ ethical practice. Therefore, ethico-legal aspects and ethical climate contribute to improving nurses’ ethical practice and competencies with reducing medical errors in hospital settings. Objective This study examined the effect of ethico-legal aspects and ethical climate on managing safe patient care and medical errors among nurses. Materials and methods A cross-sectional correlational study was carried out on 548 (...) nurses. Data were collected through self-administered questionnaires about nurses’ knowledge in both ethical and legal aspects, ethical practice, competencies, ethical climate and experience with medical error. Results The main sources of nurses’ knowledge of ethical and legal aspects were undergraduate lectures, job experience and colleagues. Nurses’ knowledge in both ethical and legal aspects, nurses’ ethical practice and competencies were insufficient. Nurses fairly perceived their ethical climate. Also, nurses experienced medical errors about 22.6% in their units. Nurses’ knowledge of ethical and legal aspects, as well as the ethical climate were positive predictors of inadequate nurses’ ethical practice and competencies. Additionally, nurses’ knowledge in both ethical and legal aspects, ethical climate and practice had a negative influence on the occurrence of medical errors. Conclusion Enhancing nurses’ knowledge in both ethical and legal aspects as well as ethical climate could significantly influence improving nurses’ ethical practice, competencies and reducing medical errors in the study units. Therefore, planning for enhancing the nurses’ ethico-legal learning and ethical climate seems to be mandatory. (shrink)

The object-oriented ontology group of philosophies, and certain strands of posthumanism, overlook important ethical and biological differences, which make a difference. These allied intellectual movements, which have at times found broad popular appeal, attempt to weird life as a rebellion to the forced melting of lifeforms through the artefacts of capitalist realism. They truck, however, in a recursive solipsism resulting in ontological flattening, overlooking that things only show up to us according to our attunement to them. Ecology and biology tend (...) to get lost in the celebration of “thingness,” which puts on par artifacts, trash, and living beings. Such abstractions fail to understand the political, ethical, and ontological implications of eliding the animate/nonanimate distinction, which from the opposite direction (of flattening) reproduce the same violences of historical colonialism (hierarchical humanism). I argue that ontological flattening entails epistemological narcissism, fails to take into account plural (interspecies) perspectives, and propose biosemiotics can address these shortcomings through becoming-with nonhuman knowledge. (shrink)

This article aims to present the problem of the impact of artificial intelligence on respect for human dignity in the sphere of care for people who, for various reasons, are described as particularly vulnerable, especially seniors and people with various disabilities. In recent years, various initiatives and works have been undertaken on the European scene to define the directions in which the development and use of artificial intelligence should go. According to the human-centric approach, artificial intelligence should be developed, used (...) and monitored with people in mind, their needs and rights. It is artificial intelligence that should adapt to the rules set by people, not the other way around. The source of all human rights and freedoms is respect for human dignity. This is evidenced by numerous European, international, national regulations and documents. Respecting this value is also one of the works on the AI development. One of the areas of our life into which AI enters more and more boldly and which in the near future, due to demographic reasons and aging population, may be almost dominated by modern technologies, is the medical and care system. The usefulness of industrial co-robots made us think about the possibility of using similar devices in the non-industrial sphere, including in the sphere of care, nursing and therapy. Actually, despite the impressive development of technology and AI, intelligent robots/devices used for care, nursing or therapy (so-called care/nursing or therapy robots) perform rather simple activities. They provide information, navigate, bring something and give it (e.g. medicines, food), help to get up. They are an important support for medical staff in this respect. Performing tasks that are more complex in terms of technology and movement, such as feeding, washing, intimate hygiene, dressing or undressing, is still beyond the reach of the currently used robots. The question we must ask ourselves is whether, in the future, care robots will be able to perform such tasks, and should they do so? Will this lead to the replacement of human medical personnel in the performance of the above-mentioned activities with such robots. Would anyone want to be "looked after" by a soulless machine? Should potential wards/patients, in other words all of us in fact, have the right to object to being taken into the care of an intelligent robot? There is no doubt that intelligent robots have great potential, especially when it comes to ensuring or maintaining the independence or mobility of people with various health limitations. However, we must not forget about the risks and dangers they may generate. Even a simple robot generates serious legal and ethical problems. Who should be liable for damage caused in connection with improper care performed with the participation of a robot? Robots based on AI systems are able to collect a significant amount of sensitive data, for example through the face and speech recognition function. There is considerable scope for abuse in this area, not only in terms of personal data protection but also in terms of informational self-determination, privacy and dignity. Bearing in mind the above risks, the creation of a new right to object to being looked after by a robot should be considered. (shrink)

In this paper, we engage in a philosophical investigation of how blockchain technologies such as cryptocurrencies can mediate our social world. Emerging blockchain-based decentralised applications have the potential to transform our financial system, our bureaucracies and models of governance. We construct an ontological framework of “narrative technologies” that allows us to show how these technologies, like texts, can configure our social reality. Drawing from the work of Ricoeur and responding to the works of Searle, in postphenomenology and STS, we show (...) how blockchain technologies bring about a process of emplotment: an organisation of characters and events. First, we show how blockchain technologies actively configure plots such as financial transactions by rendering them increasingly rigid. Secondly, we show how they configure abstractions from the world of action, by replacing human interactions with automated code. Third, we investigate the role of people’s interpretative distances towards blockchain technologies: discussing the importance of greater public involvement with their application in different realms of social life. (shrink)

This article deals with the qualitative approach to empirical studies. This approach is presumed to be closer to the social sciences. Data collection in the qualitative approach follows a combination of these three methods—direct observations, in-depth interviews, and document analysis. It typically starts with the identification of methodology, data collection, analysis, ethical concerns, and adapt to the dynamics if working in a team. Well-compiled qualitative research enhances comprehensibility of social phenomenon. The technique used in the selection of data collection depends (...) on the research question, leading to the research strategy that best fits the research objective, availability/access to particular data sources, and available resources. While various beliefs are held in common between the quantitative and the qualitative, a researcher must first assert the purpose and nature of the project, in order to come to a deterministic conclusion as to which approach is best suited for the research to be conducted. (shrink)

In mining, manufacturing and industrial process industries, maintenance procedures are used as an aid to guide technicians through complex manual tasks. These procedures are not machine-readable, and cannot support reasoning in digitally integrated manufacturing systems. Procedure documents contain unstructured text and are stored in a variety of formats. The aim of this work is to query information held in real industrial maintenance procedures. To achieve this, we develop an ontology for maintenance procedures using the OWL 2 description language. We leverage (...) classes and object properties from the ISO 15926 Part 14 Upper Ontology and create a domain ontology. The key contribution of this paper is a demonstration of trade-offs required when modelling an existing engineering artifact, where an abstraction of its contents is given a-priori. We provide an ontologically rigorous abstraction of notions captured in procedure documentation to a set of classes, relations and axioms that allow reasoning over the contents. Validation of the ontology is performed via a series of competency questions based on queries relevant to technicians, engineers and schedulers in industry. The ontology is applied to real world maintenance procedures from two industrial organisations. (shrink)

This article deals with the qualitative approach to empirical studies. This approach is presumed to be closer to the social sciences. Data collection in the qualitative approach follows a combination of these three methods—direct observations, in-depth interviews, and document analysis. It typically starts with the identification of methodology, data collection, analysis, ethical concerns, and adapt to the dynamics if working in a team. Well-compiled qualitative research enhances comprehensibility of social phenomenon. The technique used in the selection of data collection depends (...) on the research question, leading to the research strategy that best fits the research objective, availability/access to particular data sources, and available resources. While various beliefs are held in common between the quantitative and the qualitative, a researcher must first assert the purpose and nature of the project, in order to come to a deterministic conclusion as to which approach is best suited for the research to be conducted. (shrink)

The aims of this paper are twofold: (1) to critique Graham Harman’s avowedly nonrelational object-oriented ontology from the shared relational vantage of ethics, social philosophy, and feminist new materialism; and (2) to articulate the metaphysical basis for a materialist ontology that serves at once as a posthumanist metaethic, or, as I call it, proto-ethic. The nascent movements of speculative realism and object-oriented ontology suggest some fruitful strategies for challenging the anthropocentrism of the post-Kantian philosophical landscape. They do so, however, (...) by simultaneously foreclosing the possibility of thinking with these strategies to address moral and political problems, insofar as they characterize the real as fundamentally nonrelational. I argue that Harman’s adopted noumenalism is ultimately self-undermining, and offer as an alternative a materialist account of reality as intrinsically phenomenal, where phenomenality is unpacked as the excessive, ongoing source of proto-ethical norms to which every human ethical system implicitly appeals. (shrink)

Objectives: To collect information on the involvement, legal understanding and ethical views of preregistration house officers regarding end-of-life decision making in clinical practice.Design: Structured telephone interviews.Participants: 104 PRHO who responded.Main outcome measures: Information on the frequency and quality of involvement of PRHO in end-of-life decision making, their legal understanding and ethical views on do-not-resuscitate order and withdrawal of treatment.Results: Most PRHO participated in team discussions on the withdrawal of treatment or a DNR order . Of them, 46 participants (...) had themselves discussed the DNR order with patients. In all, it was agreed by 84 respondents that it would be unethical to make a DNR order on any patient who is competent without consulting her or him. With one exception, it was indicated by the participants that patients who are competent may refuse tube feeding and 101 participants thought that patients may refuse intravenous nutrition. The withdrawal of artificial ventilation in incompetent patients with serious and permanent brain damage was considered to be morally appropriate by 95 and 97 thought so about the withdrawal of antibiotics. The withdrawal of intravenous hydration was considered by 67 to be morally appropriate in this case.Conclusions: PRHO are often involved with end-of-life decision making. The results on ethical and legal understanding about the limitations of treatment may be interpreted as a positive outcome of the extensive undergraduate teaching on this subject. Future empirical studies, by a qualitative method, may provide valuable information about the arguments underlying the ethical views of doctors on the limitations of different types of medical treatment. (shrink)

Archimedes of Syracuse has long provided a touchstone for considering how we make and acquire knowledge. Since the early Roman chroniclers of Archimedes’ life, and especially intensively since Descartes, scholars have described, sought, or derided the Archimedean point, defining and redefining its epistemic role. “Knowledge,” at least within modernity, is rhetorically tied to the figure of the Archimedean point, a place somewhere outside a regular and constrained world of experience. If this figure still leads to useful ways of thinking about (...) knowing, we are left with the question of how different modes of making knowledge approach their “Archimedean” points. The question is especially important today as a renewed .. (shrink)

This paper is the result of a contribution between ethics and law, which will be used as thought-process tools, to address the complex issue of legal and ethical statuses of GM fish. To find answers, we propose to consider this issue from a wider angle, looking at the relations between the human, animal, and living worlds. We show that it is possible to construct other forms of intellectual logic that, without setting these worlds in opposition, do not lapse (...) into relativism where boundaries are blurred. In this sense, we submit the hypothesis that ordered pluralism should help us to move past a mere Man–Animal relationship to reveal the entire complexity of relationships within mankind and between mankind and other (non-human) worlds alongside it and to which it belongs: the animal and living worlds. With this new logic, “animal ethics” and “animal law” are re-embedded into a set of relationships. This logic emerges from a new consideration: the nature of the contemporary objects we are dealing with. We shall call objects like genetically modified fish “relational objects” in the sense that in order to be apprehended, they utilize a set of relationships of which there are just as many as the dimensions forming them, not as predicates but as primary constituents. Experimentally, in the case of GM fish, we translate this by proposing to typologize legal and ethical considerations induced by multiple relations connected to this object. According to the type of relationship in question, the GM fish will not have the same status; it is a changing object that must be suitably apprehended. (shrink)

Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive press freedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)

The Institute of Medicine (IOM) published To Err is Human: Building a Safer Health System in November 1999. The report focused public attention on the errors that occur within the medical system that cause death and harm to patients. It outlined a series of changes for health care that are aimed at reducing these errors by 50 percent over the next five years. This paper examines the problem of medical mistakes historically. It documents how legal, scientific, and medical trends (...) during the years 1890Ð1934 intersected to effect the reporting of mistakes in the subspecialty of neurosurgery. At the start of this time frame, mistakes were reported openly in journal articles as an educational tool. By its end, however, mistakes had gone ÒundergroundÓ and were buried amid a more objective, scientific reporting system. Using this historical perspective as a baseline, the paper concludes by re-examining the IOMÕs suggestions for change and comments on what they mean for the culture of medicine. (shrink)

Confidentiality of health information is increasingly relevant in the era of electronic medical records. We discuss the case of a hospitalized patient who requested a neurology consultation for an episode he described as an “LSD-like” (Lysergic acid diethylamide) flashback. The patient expressed concern that the episode was a residual effect of past drug use, but subsequently requested that his drug use not be documented. Involved in a custody battle, he feared that if his records were released to the court he (...) could lose custody of his children. Ethical concerns arose with regards to the physician’s competing obligations with a duty to record information accurately and honestly, respect patient autonomy, and maintain patient confidentiality. We discuss the decision of the team to document the patient’s drug use by arguing that the obligation to maintain confidentiality did not supersede the primary role of the medical record as a complete and accurate account, which cannot be altered at a patient’s behest. (shrink)

This article explores and challenges notions and methodologies of conservation, including the use of blockchain technologies as a means of establishing provenance of a physical BioArtwork, of the artist’s documentation encapsulating their intentions and of the conservator’s records required for the artwork’s ongoing care. The exploration is done through a case study of an art project called ‘Unruly Objects and Biological Conservation’ created by Anna Dumitriu with support from Alex May. The artwork consists of three items containing RFID tags sealed (...) in resin – which point to the location of the artist’s documentation. Therefore, the works physically include instructions for maintaining their inherent concepts and materiality for the benefit of the conservators. Such instructions can often be difficult to track down, or become disassociated from the artwork while the digital preservation of this storage method also poses its own set of questions. The works also include biological material including mud from a bacterial ecosystem known as a Winogradsky Column, living plant material and SARS-CoV-2 (coronavirus) RNA from a plasmid construct. (shrink)

In contrast to the legal, metaphysically laden, and epistemological paradigms, the ontological interpretation of respect concerns not only the relation between the “subject” and the “object” (or, better, the provider and the recipient, of this attitude) but also the being of the respected and the respecting. This paper develops an ontology of respect with regard to the human treatment of plants and teases out the meanings of vegetal life that germinate in this relation. What is at stake, I claim, (...) is not so much an objective ontology as the phenomenological disclosure of the meanings of human and vegetal lives, construed “from within,” i.e., both in the context of the interactions between them and from the unique standpoint proper to each kind of being. Far from an ethical supplement to a theoretical description of vegetal beings, respect is the prism through which we may first gain access to plant ontology. (shrink)