The General Data Protection Regulation (GDPR) was introduced in 2018 to harmonize data privacy and security laws across the European Union (EU). It applies to any organization collecting personal data in the EU. To date, service-level consent has been used as a proportionate approach for clinical trials, which implement low-risk, routine, service-wide interventions for which individual consent is considered inappropriate. In the context of public health research, GDPR now requires that individuals have the option to choose whether their data may (...) be used for research, which presents a challenge when consent has been given by the clinical service and not by individual service users. We report here on development of a pragmatic opt-out solution to this consent paradox in the context of a partner notification intervention trial in sexual health clinics in the UK. Our approach supports the individual’s right to withhold their data from trial analysis while routinely offering the same care to all patients. (shrink)

Spectrum Exchangeability, Sx, is an irrelevance principle of Pure Inductive Logic, and arguably the most natural extension of Atom Exchangeability to polyadic languages. It has been shown1that all probability functions which satisfy Sx are comprised of a mixture of two essential types of probability functions; heterogeneous and homogeneous functions. We determine the theory of Spectrum Exchangeability, which for a fixed languageLis the set of sentences ofLwhich must be assigned probability 1 by every probability function satisfying Sx, by examining separately the (...) theories of heterogeneity and homogeneity. We find that the theory of Sx is equal to the theory of finite structures, i.e., those sentences true in all finite structures forL, and it emerges that Sx is inconsistent with the principle of Super-Regularity. As a further consequence we are able to characterize those probability functions which satisfy Sx and the Finite Values Property. (shrink)

We propose two principles of inductive reasoning related to how observed information is handled by conditioning, and justify why they may be said to represent aspects of rational reasoning. A partial classification is given of the probability functions which satisfy these principles.

We argue that the simplicity condition on a probability function on sentences of a predicate language L that it takes only finitely many values on the sentences of any finite sublanguage of L can be viewed as rational. We then go on to investigate consequences of this condition, linking it to the model theoretic notion of quantifier elimination.

It is well established that beliefs provide powerful cues that influence reasoning. Over the last decade research has revealed that judgments based upon logical structure may also pre-empt deliberative reasoning. Evidence for ‘intuitive logic’ has been claimed using a range of measures (i.e. confidence ratings or latency of response on conflict problems). However, it is unclear how well such measures genuinely reflect logical intuition. In this paper we introduce a new method designed to test for evidence of intuitive logic. In (...) two experiments participants were asked to make random judgments about the logical validity of a series of simple and complex syllogistic arguments. For simple arguments there was an effect of logical validity on random responding, which was absent for complex arguments. These findings provide a novel demonstration that people are intuitively sensitive to logical structure. (shrink)

The Default Interventionist account suggests that by default, we often generate belief-based responses when reasoning and find it difficult to draw the logical inference. Recent research, h...

Ecology – unlike astronomy, physics, or chemistry – is a science with an associated political and ethical movement: the Green Movement. As a result, the ecological position is often accompanied by appeals to holism, and by a mystical quasi-religious conception of the ecosystem. In this title, first published in 1988, Andrew Brennan argues that we can reduce much of the mysticism surrounding ecological discussions by placing them within a larger context, and illustrating that our individual interests are bound with larger, (...) community interests. Using an interdisciplinary approach, which bridges the gap between the sciences, philosophy, and ethics, this is an accessible title, which will be of particular value to students with an interest in the philosophy of environmental science and ethics. (shrink)

The actions and decisions taken by the present generation will affect not only the welfare but also the composition of future generations. A number of authors have used this fact to bolster the conclusion that the present is only weakly obligated to provide for future welfare since in choosing between futures of poverty and abundance, we are not deciding the welfare of a well-defined group of future persons but instead deciding which set of potential persons – the poor or the (...) rich – will become actual. Provided that future generations have lives that are worth living, they will be grateful to us for bringing them into existence – or so the argument goes. In this paper, I argue that this position overlooks an important aspect of the intergenerational problem. We are obligated to provide for the actual children of today, who will in turn be obligated to provide for their children, and so forth from generation to generation. A chain of obligation is thus defined that stretches from the present into the indefinite future, and unless we ensure conditions favourable to the welfare of future generations, we wrong our existing children in the sense that they will be unable to fulfill their obligation to their children while enjoying a favourable way of life themselves. (shrink)

J. M. Howarth; III*—On Thinking of What One Fears, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 53–74, https://doi.org/10.109.

We consider the version of Pure Inductive Logic which obtains for the language with equality and a single unary function symbol giving a complete characterization of the probability functions on this language which satisfy Constant Exchangeability.

In the course of attacking the idea that the concept of the duty of care can be dispensed with and replaced by a view of negligence that deals only with fault and causation, critics have revived the notion that there are many duties of care. This article argues that the idea of many duties of care is unworkable, but that there is no need to revive such an idea to avoid falling into the view that the whole concept of the (...) duty of care can be discarded. It argues instead for a unified view of the duty of care as a single duty. It also argues for a new analysis of negligence, facilitated by the one-duty view, which does see fault as central to negligence but which, instead of discarding duty, sees arguments about duty as about whether the defendant should be permitted to act unreasonably. The article defends the one-duty view and the new analysis of negligence against the relational view of negligence and against charges that it is motivated by a desire for unity between English and French law, that it would be incompatible with the conventional economic analysis of tort law (in the course of which it suggests an economic analysis of the duty of care), and that, unlike the no-duty view or the many-duties view, it fails to articulate a coherent view of the relationship between freedom and community. (shrink)

Re-framing discussion of the question, “What is law?“ in terms of the contexts in which the whole question makes sense allows us to see that jurisprudence is about boundary disputes concerning law – that is about what should count as law – and about responses to attacks on the value of law. Concern for these two issues constitutes the boundary challenge perspective. The boundary challenge perspective not only allows us fully to escape essentialism about law, it also provides us with (...) a better understanding of the relationship between the activity of discussing what should count as law and the activity of specifying the law in particular circumstances. The boundary challenge perspective provides a better explanation of that relationship than positivism or natural law. It allows discussion of change and resistance to change without significantly weakening the distinction between “is” and “ought”. It might also form the basis for further historical and sociological studies of law. (shrink)

If we are to act properly with regard to the natural world, to protect, preserve, conserve, manage or leave it alone, we need both appropriate knowledge of that world, and a sound foundation for values to guide our actions. The thesis of this paper is that scientific ecology, though some of its interpreters claim it as a 'post-modern' eco-friendly science, in fact, while perhaps not as guilty as other of its post-modern interpreters might claim of the worst excesses of 'modernism', (...) nonetheless does retain the underlying assumptions of modernism. (The 'jargon' will be further explained.) The thesis will be supported by methods drawn from phenomenology. Phenomenological enquiry can reveal and criticise the modernist assumptions, while traditional phenomenological notions, in particular Heidegger's notion of Dwelling and Merleau-Ponty's notion of the body subject, I shall suggest, might form a more eco-friendly framework for enquiring into the character of interactions within the natural world and the basis of values in those interactions. (shrink)

This article examines the question of whether private obstetric care in South Africa can be saved in view of the escalation in medical and legal costs brought about by a dramatic increase in medical negligence litigation. This question is assessed with reference to applicable medical and legal approaches. The crux of the matter is essentially a question of affordability. From a medical perspective, it seems that the English system as well as American perspectives may be well suited to the SA (...) situation. Legal approaches are assessed in the context of the applicable medicolegal framework in SA, the present nature of damages and compensation with reference to obstetric negligence liability, as well as alternative options to the present system based on fault. It is argued, depending on constitutional considerations, that a system of damages caps for noneconomic damages seems to be the most appropriate and legally less invasive system in conjunction with the establishment of a state excess insurance fund. (shrink)

: In higher education creative writing's focus on producing the well-formed piece rather than the writing's historical and social context puts its pedagogy at odds with the majority of literary studies disciplines. Although problematic for the curriculum, there are good reasons—stemming from the anti-instrumentalism of Kant's notion of aesthetic freedom—why integrating creative writing is difficult. Examining two recent attempts to cross this creative-critical divide by making creative writing part of cultural studies, the article argues that the authors' sociological suspicion of (...) the "aesthetic" leads to a misplaced criticism of the New Critics and T. S. Eliot as the originators of an apolitical, asocial aesthetic formalism perpetuated by creative writing. Instead, their aesthetic principles are shown to derive from Emerson and Schiller's Letters on the Aesthetic Education of Man, where formal principles of creativity are part of a political program for a united and freely democratic society. Schiller's problems with establishing his aesthetic state, however, are shown to suggest how creative freedom may always necessarily involve recognition of a work's social and historical position, and the article concludes with a series of practical suggestions for seminars that would relate students' experience of creative writing to the social contexts of literary criticism. (shrink)

This paper sets out to launch a challenge to the usual ‘modernist’ view of the relationship between ecology and ethics. Two ‘post-modern’ interpretations of this relationship are considered. The first ‘deep’ interpretation holds that ecology reveals that nature has intrinsic value. The second interpretation derives from the work of Michel Foucault. The aim of his critique is to reveal how certain values are taken for granted by the acceptance of certain scientific models, and how the acceptance of those models as (...) true makes it impossible to articulate alternative values. I end by suggesting, contra Foucault, that phenomenological enquiry could serve to articulate alternative and perhaps more eco-friendly values. (shrink)

Poststructuralism and After provides a comprehensive, innovative and lucid account of contemporary poststructuralist theory, which probes its limits, explores rival theoretical approaches, and elaborates new concepts and logics. The book distils and articulates the basic philosophical assumptions and theoretical concepts of poststructuralism, but by building upon the work of Derrida, Foucault, Heidegger, Lacan, Laclau, Levi-Strauss, Marx, Saussure and & ek it also provides a distinctive version of the poststructuralist project.The philosophy and theory of poststructuralism is presented through a critical engagement (...) with the central problems of social and political theory. Such problems include the structure/agency dilemma; the problem of social order; the ongoing debates between positivists, interpretivists and realists about the role and character of social science; the relationship between the economy, the state and society; the complexities of identity/difference; and the role of power, domination and ideology. Empirical illustrations and case studies of selected social phenomena further illuminate the theoretical arguments displayed in this book. (shrink)