I would like to take this opportunity to express my thanks to colleagues whose suggestions have been essential: Karl S. Bottigheimer, Pierre H. Boulle, L. Perry Curtis, Arnold Esch, Marjorie M. Farrar, John R. Gillis, James Joll, Richard F. Kuisel, Alan Lawson, Philip T. Nicholson, James J. Sheehan, Robert Young.

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...) between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

In their proof-of-concept, Meier and colleagues describe the purpose and programming decisions underpinning Medical Ethics Advisor, an automated decision support system used t...

Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...) to entail a general obligation to obey the law, and a general obligation to obey the law is said to entail legitimate political authority. With some version of this idea in mind, many writers attempt to establish full (or partial) legitimate political authority by first arguing for the intermediate conclusion that there exists a general (or partial) obligation to obey the law. This article argues that such a strategy is fundamentally mistaken, because while legitimate authority does indeed entail an obligation to obey the law, an obligation to obey the law does not, in and of itself, entail legitimate authority. This can be referred to as “the reverse entailment problem.” To avoid this problem, a theory of political authority must argue directly for the existence of the appropriate kind of moral power on the part of the state. This article argues for the “value-based” conception of a moral power, which states, very roughly, that one person holds a power over another if there is sufficient value in the former possessing the capacity intentionally to impose an obligation on the latter (or otherwise to change her normative situation). This seemingly simple understanding of a moral power gives rise to surprisingly strong adequacy conditions on what can count as an acceptable theory of legitimate political authority, and these conditions decisively rule out most of the standard theories in the literature. (shrink)

Data access committees (DAC) gatekeep access to secured genomic and related health datasets yet are challenged to keep pace with the rising volume and complexity of data generation. Automated decision support (ADS) systems have been shown to support consistency, compliance, and coordination of data access review decisions. However, we lack understanding of how DAC members perceive the value add of ADS, if any, on the quality and effectiveness of their reviews. In this qualitative study, we report findings from 13 semi-structured (...) interviews with DAC members from around the world to identify relevant barriers and facilitators to implementing ADS for genomic data access management. Participants generally supported pilot studies that test ADS performance, for example in cataloging data types, verifying user credentials and tagging datasets for use terms. Concerns related to over-automation, lack of human oversight, low prioritization, and misalignment with institutional missions tempered enthusiasm for ADS among the DAC members we engaged. Tensions for change in institutional settings within which DACs operated was a powerful motivator for why DAC members considered the implementation of ADS into their access workflows, as well as perceptions of the relative advantage of ADS over the status quo. Future research is needed to build the evidence base around the comparative effectiveness and decisional outcomes of institutions that do/not use ADS into their workflows. (shrink)

Originally published in 1967, this volume provides an account of the early development of English education. The schools and universities of the mediaeval period arose to meet the social needs of that time. The book charts developments up to the sixteenth century when the Reformation brought profound social and religious changes which affected education: not only the organisation of schools and universities but also the curriculum. This was the turning point when the foundations of an educational system, in the modern (...) sense of the term, were laid. (shrink)

"Thinking like a lawyer" is a phrase familiar to every law student, and the development of these analytical skills are, of course, essential. In this essay, however, I reflect on the value of a more expansive approach to professional formation. I argue that legal education best serves students, the bar, and the society when it takes seriously the importance of moral imagination, interpersonal relationships, and personal wellness.

Kohelet is known in world literature as the source of two messages. On the one hand, it is a handbook of world-weariness and pessimism: "All is vanity." On the other, it asserts that all things have their right time, "a time to live, and a time to die." But these two messages are contradictory, for if all is vain, then there is no need to reflect on the proper time for planting and dancing and laughing.

Résumé La théorie simple des soi ( “ selves ” ) consiste à dire que les soi sont tout simplement des personnes; “ soi ” est un mot qui définit un rôle, le rôle dans le cas présent est celui d ’ être identique à, et le soi de chacun est tout simplement la personne qui joue ce rôle dans la vie de chacun, c ’ est-à-dire soi-même. Mais nous faisons souvent usage du terme “ soi ” d ’ une (...) manière qui implique qu ’ il peut y avoir plus d ’ un soi par personne, c ’ est-à-dire différents soi qui sont en compétition pour le contrôle d ’ une seule personne, allant de cas assez courants jusqu ’ au genre de cas extrêmes que l ’ on a un temps décrits comme des cas de “ personnalité multiple ”. Je soutiens que cet usage du mot “ soi ” peut être considéré comme une extension métaphorique du mot à des complexes de motivation dont je tente d ’ expliquer la nature. (shrink)

A comparative analysis of pacifism, just/limited war and total/indiscriminate war in Judaism, Christianity and Islam.

[In Meaning in Mind, edited by Barry Loewer and Georges Rey. Oxford: Basil Black- well, 1991, 165.