The federal regulations that govern biomedical research, most notably those enshrined in the Common Rule, are a product of their time. Born in the aftermath of wartime atrocities committed by Nazi doctors, and influenced by domestic research scandals like the Willowbrook and Tuskegee studies, the regulations express a protectionist ethos aimed at safeguarding subjects of human experimentation from the potential harms of research participation. Requirements for informed consent, risk minimization, equitable subject selection, and peer review of proposed research rest on (...) the presumption that the research enterprise owes subjects a duty of protection. (shrink)

Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The conceptual model we present is (...) based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of which independently warrants respect. The article describes each source of dignity and draws on examples to illustrate how clinician attitudes, actions, and behaviors can either contribute to, or detract from, expressions of respect for patient dignity. (shrink)

I first criticize strawson's account of the transcendental deduction, And then argue that wittgenstein's considerations (in his later work) of the rule-Governed nature of judgment can be used to reconstruct a valid argument for a certain kind of objectivity, Which excludes solipsims. I suggest how kant's talk of synthesis can be reinterpreted in the light of this, As indeed can the doctrine of empirical realism and transcendental idealism.

Force strengths, particle masses, etcetera, appear "fine tuned" for intelligent life. There may be many very diverse universes, observational selection explaining why we see a life-permitting one. The alternative is divine selection. The God hypothesis can explain how one and the same force strength or particle mass satisfies life’s many different requirements, and why there are life-encouraging laws of relativity and of quantum theory. It could also answer why any universe exists. God’s existence could be accounted for Platonically, by its (...) ethical requiredness. The most plausible world-view would then be Spinozistic, on lines explored in my recent book "Infinite Minds". (shrink)

Physical force strengths, particle masses, the early cosmic expansion speed and many other factors seem "fine tuned for life". Had they been slightly different, life’s evolution would have been impossible. The situation resembles catching a fish with an apparatus unable to catch ones slightly differently sized. One explanation is that the lake contains fish of many different sizes: multiple universes with randomized characteristics, most of them unobservable because observers cannot evolve in them. Another is that God created a fish of (...) the right size, a universe able to generate observers. The article defends these explanations against numerous ingenious objections. (shrink)

The existential analytic of Being and Time is set within the frame of the Seinsfrage. This question arises for Heidegger out of his critical engagement with Husserl's phenomenology. More careful attention to Heidegger's project as a phenomenological one reveals that Dasein, the entity who asks the Seinsfrage and who always has a pre-ontological understanding of Being, is also intentional. Dasein's existentiality is an intentionality. I will argue that inauthenticity and authenticity may be fruitfully understood in terms of the phenomenological notions (...) of empty intention and intentional fulfillment, respectively. Such an approach opens up the possibility of understanding Dasein's subjectivity in a way which challenges more traditional existentialist and voluntarist interpretations. (shrink)

Development of the knowledge base for a profession depends on research and scholarship that builds on the insights and work of scholars within the discipline and is disseminated through the literature. The purpose of this study was to examine a unique collection of 79 articles selected by editors as representative of their nursing journals. Articles were assessed for congruence with long‐standing values and conceptual definitions of nursing, and the extent to which they built on prior literature published in nursing. Articles (...) were scored based on whether they reflected four characteristics of nursing as a discipline (holism, social context, goal of health, and consistency with common definitions of nursing); an abstract score on the extent to which the title, abstract, or keywords indicated a general focus on nursing; and a distinction score based on whether the article distinguished nurses or nursing from other providers. Fifty of the articles received an article score of 4, indicating all four disciplinary characteristics were present in the article's content. While the majority of the articles were congruent with fundamental nursing values and perspectives, only 28% of the sources cited were from nursing sources. The lack of citations to nursing literature, coupled with an assessment that reveals gaps in substantive content that builds on nursing knowledge, raises questions about the future of nursing perspectives in the literature. (shrink)

A number of recent legal cases in the United States have considered both disability‐based exceptions to Covid‐19‐related mask mandates and disability‐based claims to stronger masking rules in states restricting the abilities of local governments to enforce mask mandates. We argue that a proper legal and ethical analysis of such cases requires understanding the distinction between disability accommodations and disability modifications. Disability accommodations are individualized adjustments that enable qualified individuals to perform jobs or achieve access on terms comparable to those experienced (...) by others. Disability modifications are programmatic changes to structures or policies that increase accessibility. We contend that in the context of mask mandates, modifications rather than accommodations are ethically desirable because modification‐oriented policies promote disability access in a way that treats all individuals fairly, avoiding the risk of promoting misinformation and uncertainty about the health benefits of masking. (shrink)

In this biography of William James, Robert D. Richardson claims that he seeks ". . . to understand his life through his work, not the other way around" (xiii). This he does not do. Rather, where Richardson does excel is in biographical narrative or in his own words, in the aim "to present James' life [rather] than to analyze or explain it" (xiii).Richardson covers fascinating biographical territory familiar to readers of this journal. He provides an excellent narrative description of James's (...) relation to his father Henry James, Sr. He helpfully accounts for the latter's influence on William as well as their intellectual differences. Richardson's descriptions of the warm relationship between William and his brother .. (shrink)

Oxford Studies in the Philosophy of Law is a forum for new philosophical work on law. The essays range widely over general jurisprudence, philosophical foundations of specific areas of law, and other philosophical topics relating to legal theory.

Francis Bacon, the English philosopher, statesman and jurist, is best known for developing the empiricist method which forms the basis of modern science. Bacon's writings concentrated on philosophy and judicial reform. His most significant work is the Instauratio Magna comprising two parts - The Advancement of Learning and the Novum Organum. The first part is noteworthy as the first major philosophical work published in English. James Spedding and his co-editors arranged this fourteen-volume edition, published in London between 1857 and 1874, (...) not in chronological order but by subject matter, so that different volumes would appeal to different audiences. The material is divided into three parts: philosophy and general literature; legal works; and letters, speeches and tracts relating to politics. Volume 13, published in 1872, contains Bacon's papers from 1616 to 1618 and relate to his appointment as Lord Chancellor, and England's relations with Ireland and Spain. (shrink)

Lesley Loveless has selected the images that best represent the creativity of the photographer Pete Wettach and the poignancy of midwestern farm life during some of its most difficult years from the collection of tens of thousands of images ...

This book marks a total departure from previous studies of the Boxer War. It evaluates the way the war was perceived and portrayed at the time by the mass media. As such the book offers insights to a wider audience than that of sinologists or Chinese historians. The important distinction made by the author is between image makers and eyewitnesses. Whole categories of powerful image makers, both Chinese and foreign, never saw anything of the Boxer War but were responsible for (...) disseminating images of that war to millions of people in China and throughout the world. (shrink)

Answering important public health questions often requires collection of sensitive information about individuals. For example, our understanding of how HIV is transmitted and how to prevent it only came about with people's willingness to share information about their sexual and drug-using behaviors. Given the scientific need for sensitive, personal information, researchers have a corresponding ethical and legal obligation to maintain the confidentiality of data they collect and typically promise in consent forms to restrict access to it and not to publish (...) identifying data.The interests of others, however, can threaten researchers' promises of confidentiality when legal demands are made to access research data. In some cases, the subject of the litigation is tightly connected to the research questions, and litigants' interest in the data is not surprising. Researchers conducting studies on tobacco or occupational or other chemical exposures, for example, are relatively frequent targets of subpoenas. (shrink)

Scholars have shown renewed interest in the construct of courage. Recent studies have explored its theoretical underpinnings and measurement. Yet courage is generally discussed in its broad form to include physical, psychological, and moral features. To understand a more practical form of moral courage, research is needed to uncover how ethical challenges are effectively managed in organizational settings. We argue that professional moral courage (PMC) is a managerial competency. To describe it and derive items for scale development, we studied managers (...) in the U.S. military and examined prior work on moral courage. Two methods were used to measure PMC producing a five dimensional scale that organized under a single second-order factor, which we termed overall PMC. The five dimensions are moral agency, multiple values, endurance of threats, going beyond compliance, and moral goals. Convergent and discriminant validity are analyzed by use of confirmatory factor analysis procedures. We conclude by presenting a framework for proactive organizational ethics, which reflects how to support PMC as a management practice. (shrink)

In “Meeting the Moment: Bioethics in the Time of Black Lives Matter,” Camisha Russell calls for transforming “bioethics-as-usual” with help from “outsiders”. Prior scholars agree...

The basic alternatives seem to be either a Humean reductionist view that any particular assertion needs backing with inductive evidence for its reliability before it can retionally be believed, or a Reidian criterial view that testimony is intrinscially, though defeasibly, credible, in the absence of evidence against its reliability.Some recent arguments from the constraints on interpreting any linguistic performances as assertions with propositional content have some force against the reductionist view. We thus have reason to accept the criterial view, at (...) least as applied to eyewitness reports. But these considerations do not establish that any rational enquirer must have the concept of other minds or testimony. The logical possibility of the lone enquirer, who uses symbols and thereby expresses some knowledge of his world, remains open — but it is a question we have no need to pronounce upon. (shrink)

In the short time since Seana Shiffrin published Speech Matters, ‘fake news’ and ‘alternative facts’ have become full-blown phenomena, and various forces have destabilized the line between truth and falsity. Now more than ever, Shiffrin’s project is one of urgent importance. This essay examines Chapter Four of Speech Matters, which asks the crucial question: when and how may the law regulate lies? Shiffrin concludes that the law could regulate lies much more often than it does, though sometimes it ought not (...) to for pragmatic reasons. For all of Shiffrin’s masterful explication, there is perhaps more to say in the space between Chapter Three’s moral account of free speech and Chapter Four’s legal one. Setting existing doctrine aside, how would a society translate the moral principles of Chapter Three into a system of law? Which worries are intrinsic to free speech, and which are purely pragmatic? In other words, what does a thinker-based account of law look like? (shrink)