In recent decades, increased attention has been given to the place of the victim within criminal justice systems. Advocates have called for recognition and participation for victims of crime, and widespread political support throughout common law jurisdictions has resulted in a number of reforms. While some have proven uncontroversial, the question of victim input into sentencing decisions has emerged as a highly contentious issue within scholarship. Scholars have been concerned with the potentially corrupting influence of victims’ private preferences and dispositions (...) on otherwise principled public decision-making. Exacerbating these concerns has been conceptual and normative ambiguity regarding the relationship of victims to public sentencing processes. Such questions relate to the proper relationship between individuals and public decision-making, and are thus usefully dealt with through political theory and the lens of citizenship. The present article applies deliberative democratic theory and argues that it accounts for scholars’ concerns while also providing direction through conceptual and normative clarity, reconciling in theoretical terms victim input with a public sentencing process. Moreover, it also argues that the framework highlights ways in which victims can make active contributions to processes of public deliberation by introducing novel perspectives and information, thereby enhancing the quality of sentencing decisions. Lastly, the article anticipates potential objections regarding the capacity of victims to meet civic standards in practice, pointing to a growing body of empirical research which suggests victims’ potential and emphasizes the importance of being attentive to questions of procedural design to realize it. (shrink)

Criminal sentencing has grown into an increasingly interactive process featuring a multiplicity of potential actors—prosecution, defence, the individual convicted of the crime, probation officers and case workers, victims or their families, the police, community representatives, community workers, and even academics. The philosophical foundations of sentencing scholarship, however, regularly assume a model of judicial solitude in which sentencing judges are separate and apart from other actors. This article suggests the need to take sentencing’s interactivity and its politics seriously and draws on (...) democratic theory to address this gap. Accordingly, it argues that listening—as conceived of by deliberative democrats—is essential to a relational ethic that ensures both the legitimacy and quality of sentencing decisions, particularly in cases involving marginalized communities. In doing so, it turns to judicial practice and highlights both the need and possibilities for listening to be taken up as an explicit feature of judicial ethics. (shrink)

: The supply of organs for transplant remains inadequate to meet the needs of waiting patients, in spite of many programs and approaches to increase rates of donation. Over the years there have been numerous proposals to introduce schemes that would move toward the outright sale of organs. Three articles in this issue of the Journal propose methods for increasing organ supply—two by moving toward a market approach and the third by advocating a change in social culture. All three suffer (...) from shortcomings, including the endorsement and encouragement of the exploitation of those who may offer organs. Although the shortage of organs must be addressed, the social price of a market in organs is too high, and proposals to encourage a rethinking of social responsibility are unlikely to be effective. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

: During the nearly 10 years since its introduction, preimplantation genetic diagnosis (PGD) has been used predominantly to avoid giving birth to a child with identified genetic disease. Recently, PGD was used by a couple not only to test IVF-created embryos for genetic disease, but also to test for a nondisease trait related to immune compatibility with a child in the family in need of an hematopoetic stem cell transplant. This article describes the case, raises some ethical and policy issues, (...) highlights gaps in U.S. policy, and finally makes some recommendations for addressing advancing genetic and reproductive technologies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionAnna Mastroianni (bio) and Jeffrey Kahn (bio)In this issue of the Kennedy Institute of Ethics Journal, we subject the work of the Advisory Committee on Human Radiation Experiments to examination from many angles. Nearly one year has passed since the release of the Committee’s final report and recommendations, and it seems an appropriate time to invite discourse and reflection on the influence and impact of the Committee (...) and its efforts. Our intent is to advance understanding of the Committee and its work, its place in the evolution of bioethics and public policy, as well as the broader legacy of restoring trust in the conduct of human subjects research.In 1993, President Clinton and Secretary of Energy Hazel O’Leary initiated an investigation of America’s involvement in radiation experiments on its citizens during the Cold War. The investigation resulted in the appointment of the Committee in January 1994. Some issues raised by these radiation experiments were brought to the attention of the nation by revelations contained in a Pulitzer Prize-winning series of newspaper stories about plutonium injections carried out by the government on allegedly unsuspecting subjects during the Cold War. The Committee faced a broad mandate, which included piecing together the history of Cold War radiation experiments and human subjects research, as well as recommending remedies for past wrongs and mechanisms to ensure that such wrongs could not be repeated in the future.This issue of the Journal consists of articles and accompanying commentaries on historical, philosophical, policy, and political aspects of the Committee’s work that are important to bioethics. This collection of articles, authored by Committee members, staff, and leading scholars, is designed to paint a picture of the breadth and complexity of the Committee’s efforts and to provide context and to stimulate discussion of significant issues.In the first article, Ruth Faden provides her unique perspective as chair of the Committee. She goes beyond the necessary overview and background of the Committee to reflect on the impact and meaning of the Committee’s work to bioethics and public policy.Much of the Committee’s effort was directed at gathering and uncovering information about the history of Cold War radiation experiments, an endeavor fairly foreign to bioethics but critically important to understanding the context in which to make moral judgments about the past. Jonathan Moreno and Susan Lederer discuss how the Committee’s work changed some of the traditional views of the history of research ethics. The commentary by Allan Brandt and Lara Freidenfelds further illuminates the value of understanding this recovered history. [End Page ix]In making moral judgments about the past, the Committee confronted complex questions about how to assess wrongdoing and the culpability of the government and its agents. Allen Buchanan explains why this was such a difficult but crucial task and how the Committee worked through some of the answers to these questions. His discussion illustrates the challenges to consensus in the committee decision-making process described in Ruth Macklin’s article in this issue on committees and consensus. Tom Beauchamp analyzes the frameworks for making retrospective moral judgments developed by two committees, the Advisory Committee and the University of California at San Francisco Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments, and critiques their applications of the frameworks in the case of the plutonium injection experiments.The Committee recognized that in order to prevent wrongs seen in the past from occurring in the future, it would be necessary to understand the human subjects protections now in place. Nancy Kass and Jeremy Sugarman discuss the results of the Committee’s attempts to measure the operation and effectiveness of the current system for protection of human subjects. Paul Appelbaum comments on the relevance and value of the Committee’s empirical projects to contemporary human subjects research.The Committee’s work, and the products of any commission’s work, must be viewed partly in light of the place of commissions in bioethics scholarship and policymaking. Appointed commissions can have significant impacts on scholarly and public thinking, policymaking, and future direction, and bring high visibility to issues. It is important to realize that the conclusions of the Committee... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

: Urban bioethics seeks to broaden the traditional focus of bioethics to encompass questions about the interplay of individuals with family, group, community, and society. Urban bioethics will need to deal with cultural diversity, issues of equity, and the conflict between individual rights and the public good. Encouraging a multicultural ethical discernment, fostering an appreciation of the political, economic, sociological, and psychological issues that inform the question of urban moral choice, urban bioethics is essentially a multi-disciplinary, synthesizing enterprise. Several theoretical (...) models including social contract, rule utilitarian, communitarian, and feminist paradigms offer complementary conceptual frameworks. This paper is offered as a proposal, a road map for future study to place current bioethical analysis into a broader context. (shrink)

: Pharmacogenetics offers the prospect of an era of safer and more effective drugs, as well as more individualized use of drug therapies. Before the benefits of pharmacogenetics can be realized, the ethical issues that arise in research and clinical application of pharmacogenetic technologies must be addressed. The ethical issues raised by pharmacogenetics can be addressed under six headings: regulatory oversight, confidentiality and privacy, informed consent, availability of drugs, access, and clinicians' changing responsibilities in the era of pharmacogenetic medicine. We (...) analyze each of these categories of ethical issues and provide policy approaches for addressing them. (shrink)

We argue that the intractable part of the measurement problem -- the 'big' measurement problem -- is a pseudo-problem that depends for its legitimacy on the acceptance of two dogmas. The first dogma is John Bell's assertion that measurement should never be introduced as a primitive process in a fundamental mechanical theory like classical or quantum mechanics, but should always be open to a complete analysis, in principle, of how the individual outcomes come about dynamically. The second dogma is the (...) view that the quantum state has an ontological significance analogous to the significance of the classical state as the 'truthmaker' for propositions about the occurrence and non-occurrence of events, i.e., that the quantum state is a representation of physical reality. We show how both dogmas can be rejected in a realist information-theoretic interpretation of quantum mechanics as an alternative to the Everett interpretation. The Everettian, too, regards the 'big' measurement problem as a pseudo-problem, because the Everettian rejects the assumption that measurements have definite outcomes, in the sense that one particular outcome, as opposed to other possible outcomes, actually occurs in a quantum measurement process. By contrast with the Everettians, we accept that measurements have definite outcomes. By contrast with the Bohmians and the GRW 'collapse' theorists who add structure to the theory and propose dynamical solutions to the 'big' measurement problem, we take the problem to arise from the failure to see the significance of Hilbert space as a new kinematic framework for the physics of an indeterministic universe, in the sense that Hilbert space imposes kinematic objective probabilistic constraints on correlations between events. (shrink)

Ryan Tonkens has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents satisfy a Kantian inspired recipe—"rational" and "free"—while also satisfying perceived prerogatives of machine ethicists to facilitate the creation of AMAs that are perfectly and not merely reliably ethical. This series of papers meets this challenge by landscaping traditional moral theory in resolution of a comprehensive account of moral agency. The first paper established the challenge and set out autonomy in Aristotelian terms. (...) The present paper interprets Kantian moral theory on the basis of the preceding introduction, argues contra Tonkens that an engineer does not violate the categorical imperative in creating Kantian AMAs, and proposes that a Kantian AMA is not only a possible goal for Machine ethics research, but a necessary one. (shrink)

Online retailers are using advances in data collection and computing technologies to “personalize” prices, i.e., offer goods for sale to shoppers at their reservation prices, or the highest price they are willing to pay. In this paper, I offer a criticism of this practice. I begin by putting online personalized pricing in context. It is not something entirely new, but rather a kind of price discrimination, a familiar pricing practice. I then offer a fairness-based argument against it. When an online (...) retailer personalizes prices, it competes unfairly for the social surplus created by a transaction. I defend this argument against objections, and offer a simple remedy: online retailers should either disclose that they are personalizing prices, or stop doing so. (shrink)

Lewis signaling games illustrate how language might evolve from random behavior. The probability of evolving an optimal signaling language is, in part, a function of what learning strategy the agents use. Here we investigate three learning strategies, each of which allows agents to forget old experience. In each case, we find that forgetting increases the probability of evolving an optimal language. It does this by making it less likely that past partial success will continue to reinforce suboptimal practice. The learning (...) strategies considered here show how forgetting past experience can promote learning in the context of games with suboptimal equilibria. (shrink)

We present here a hierarchical model for the evolution of compositional language. The model has the structure of a two-sender/one-receiver Lewis signaling game augmented with executive agents who m...

A simple tool is provided to assist researchers in assessing contributions to a scientific publication, for ease in evaluating which contributors qualify for authorship, and in what order the authors should be listed. The tool identifies four phases of activity leading to a publication—Conception and Design, Data Acquisition, Analysis and Interpretation, and Manuscript Preparation. By comparing a project participant’s contribution in a given phase to several specified thresholds, a score of up to five points can be assigned; the contributor’s scores (...) in all four phases are summed to yield a total “contribution score”, which is compared to a threshold to determine which contributors merit authorship. This tool may be useful in a variety of contexts in which a systematic approach to authorial credit is desired. (shrink)

As social theorists seek to understand the contemporary challenges of radical populism, we would do well to reconsider the febrile insights of the psychoanalytic social theorist Erich Fromm. It was Fromm who, at the beginning of the 1930s, conceptualized the emotional and sociological roots of a new ‘authoritarian character’ who was meek in the face of great power above and ruthless to the powerless below. It was Fromm, in the 1950s, who argued that societies, not only individuals, could be sick. (...) This essay traces the intertwining of psychoanalytic and sociological methods that allowed Fromm to create such new ideas. At the same time, it highlights how Fromm’s sociology was hampered by an economistic Marxist approach to the institutions and culture of democratic capitalist societies. Such theoretical restriction prevented Fromm from conceptualizing how institutions like democracy, science, and psychotherapy can provide resources for widespread emotional recuperation and civil repair. (shrink)

The contentious, topical debate about whether faith-based health care organizations should be granted accommodation on the basis of institutional conscientious objection to medical assistance is dying (MAiD) is addressed through a comparative analysis of arguments on both sides of the issue that references such relevant considerations as: claimed ‘moral-authority’, competing rights-based claims, obligations arising from patient welfare principles, formal justice, dissimilarity in consequences, and two illustrative arguments from analogy. The analysis leads to the conclusion that nonconditional accommodation on the basis (...) of institutional conscientious objection to MAiD is not ethically acceptable in Canada. A compromise mechanism, consisting of a suggested set of pragmatic conditions, is proposed that could effectively balance the competing moral responsibilities that arise from this conclusion and a core assumption of the paper, i.e., that some dominant faith-based health institutions can legitimately request, and expect, that provincial/territorial governments pay them a measure of respect in their operational, health-care-delivery decision making because of these institutions’ long history of providing high quality, health care in Canada. It is further suggested that provincial/territorial governments only allow large, publicly funded, faith-based health care organizations to enact a conditional version of accommodation on the basis of institutional conscientious objection to MAiD in circumstances where the organization has entered into a formal agreement with the relevant health department to meet the proposed, compromise conditions (or a relevantly-similar set of conditions). (shrink)

In this case study, I address the procedural ethics of conversation analysis (CA) and the collection of naturally occurring mundane interactions. I draw from the challenges that emerged from the institutional ethics review of the HIV, health and interaction study (the H2I Study), a CA project that sought to identify the practices through which normative assumptions of HIV and other health conditions are produced in conversations. Consistent with CA’s preference for naturally occurring interactions, the H2I Study collected and analysed everyday (...) telephone calls involving people living with HIV. This article offers practical strategies CA researchers might use to navigate two ethical concerns raised about the collection of naturally occurring mundane interactions. The first questions the merits of collecting naturally occurring mundane interactions. For those unfamiliar with CA, the specific advantages of analysing naturally occurring mundane interactions may not be self-evident. This places an evidentiary burden on CA researchers to warrant the collection of this type of data. To address this concern, I suggest demonstrating in ethics applications the analytic value of CA using publicly available interactions. The second concern questions the use of verbal consent necessary for the collection of naturally occurring mundane interactions. Like most CA research, the H2I Study required flexible informed consent protocols appropriate for spontaneous and unpredictable interactions. Drawing from within and outside the CA literature, I offer three rationales for the use of verbal consent. This article is written as a practical resource for conversation analysts seeking approval from their research ethics board (REB) and for REBs who might be unfamiliar with CA research. This article contributes to a small but growing body of literature that documents not only the kinds of challenges CA researchers encounter from institutional ethics review, but the specific procedural ethics they may employ to secure ethics approval. (shrink)

Incapacitated adult patients are commonly divided into two groups for purposes of decision making; those with a surrogate and those without. Respectively, these groups are often referred to as represented and unrepresented, and the relative ethics of decision making between them raises two particular issues. The first issue involves the differential application of the best interests standard between groups. Second is the prevailing notion that representedness and unrepresentedness are categorical phenomena, though it is more aptly understood as a multidimensional and (...) continuous variable based on relational moral authority. This paper examines the nature of representedness as it relates to ethical norms of surrogate decision making. (shrink)

We prove a uniqueness theorem showing that, subject to certain natural constraints, all 'no collapse' interpretations of quantum mechanics can be uniquely characterized and reduced to the choice of a particular preferred observable as determine (definite, sharp). We show how certain versions of the modal interpretation, Bohm's 'causal' interpretation, Bohr's complementarity interpretation, and the orthodox (Dirac-von Neumann) interpretation without the projection postulate can be recovered from the theorem. Bohr's complementarity and Einstein's realism appear as two quite different proposals for selecting (...) the preferred determinate observable--either settled pragmatically by what we choose to observe, or fixed once and for all, as the Einsteinian realist would require, in which case the preferred observable is a 'beable' in Bell's sense, as in Bohm's interpretation (where the preferred observable is position in configuration space). (shrink)

Skyrms-Lewis signaling games illustrate how meaningful language may evolve from initially meaningless random signals (Lewis, Convention 1969; Skyrms 2008). Here we will consider how incommensurable languages might evolve in the context of signaling games. We will also consider the types of incommensurability exhibited between evolved languages in such games. We will find that sequentially evolved languages may be strongly incommensurable while still allowing for increasingly faithful descriptions of the world.

Nearly 30 years ago, Terry Horgan and Mark Timmons published a now- popular article that combines Hilary Putnam’s Twin Earth scenario with G.E. Moore’s open question argument in an effort to show that moral naturalism – the view that moral facts are at bottom ordinary, natural facts of some sort – is probably false. Responses to Horgan and Timmons’s “revised open question argument” have been legion, but surprisingly, no one has attempted to test the core assumption upon which the argument (...) is based; namely, that competent language users univocally treat natural kind-terms as rigid designators. Here, I present evidence that the intuitions of competent English speakers are not as univocal as Horgan and Timmons need them to be to ground their argument against moral naturalism. I also briefly sketch a way that the moral naturalist can respond even if competent language speakers do treat natural-kind terms in the way that Horgan and Timmons suggest. (shrink)

We consider the efficacy of various forms of reinforcement learning with punishment in evolving linguistic conventions in the context of Lewis-Skyrms signalling games. We show that the learning strategy of reinforcement with iterative punishment is highly effective at evolving optimal conventions in even complex signalling games. It is also robust and can be easily extended to a self-tuning variety of reinforcement learning. We briefly discuss some of the virtues of reinforcement with iterative punishment and how it may be related to (...) learning in nature. (shrink)

Is the restricted, consistent, version of the T-scheme sufficient for an ‘implicit definition’ of truth? In a sense, the answer is yes (Haack 1978 , Quine 1953 ). Section 4 of Ketland 1999 mentions this but gives a result saying that the T-scheme does not implicitly define truth in the stronger sense relevant for Beth’s Definability Theorem. This insinuates that the T-scheme fares worse than the compositional truth theory as an implicit definition. However, the insinuation is mistaken. For, as Bays (...) rightly points out, the result given extends to the compositional truth theory also. So, as regards implicit definability, both kinds of truth theory are equivalent. Some further discussion of this topic is mentioned (Gupta 2008 , Ketland 2003 , McGee 1991 ), all in agreement with Bays’s analysis. (shrink)