The Office for Human Research Protections was correct in determining that the consent forms for the National Institutes of Health -sponsored SUPPORT study were seriously flawed. Several articles defended the consent forms and criticized the OHRP's actions. Disagreement focuses on three central issues: how risks and benefits should be described in informed consent documents; the meaning and application of the concept of “standard of care” in the context of research; and the proper role of OHRP. Examination of the consent forms (...) reveals that they failed to disclose the reasonably foreseeable risks of the experimental interventions in the study, as well as the potential for differences in the degree of risk between these interventions. Although the concept of “standard of care” may be helpful in determining the ethical acceptability of other aspects of research, such as clinical equipoise, it is not helpful in discussing consent requirements. (shrink)

This paper evaluates four recent randomized clinical trials in which the informed consent of participants was either not sought at all, or else was conducted with critical information missing from the consent documents. As these studies have been taking place, various proposals to conduct randomized clinical trials without consent have been appearing in the medical literature. Some of the explanations offered for why it is appropriate to bypass consent or disclosure requirements appear to represent a fundamental misunderstanding of applicable government (...) regulations and even the research enterprise. Others are the result of conceptual disagreements about the importance and application of traditional research ethics norms to ‘comparative effectiveness research’ and modern research environments. Common among these explanations, however, is a failure to appreciate when a research intervention, rather than merely an observation or review of data, is taking place. Review committees and investigators are failing to see, or choosing to ignore, interventions in the lives of research subjects. When these studies have come to light, government agencies with oversight authority have done little or backed down. Prestigious medical journals have published research results knowing that the required consent was not obtained, or they have stood by the published studies even after the inadequacy of consent is discovered. This article critically examines this erosion of consent in theory and practice and calls for restoring the requirement of informed consent to its proper place as a priority in human subjects research. (shrink)

This book reassesses theories of agency and gender identity against the backdrop of changing relations between men and women in contemporary societies.

This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.

Schlusslogische Letztbegründung is a collection of essays in honor of Kurt Walter Zeidler. Mr. Zeidler is a distinguished Kant- and Neo-Kantian-scholar who has reconstructed Kant's concept of transcendental logic in connection with the logic of the concept of Hegel and the logic of symbolization of Peirce. (cf. Zeidler: Grundriss der transzendentalen Logik, 3rd ed., Wien 2017) He has most notably inquired intensively into the relation of transcendental logic to philosophy of science (cf. Zeidler: Prolegomena zur Wissenschaftstheorie, Wien 2000) and to (...) phenomenology (cf. Zeidler: Vermittlungen. Zum antiken und neueren Idealismus, Wien 2016). He has also published several studies on Neo-Kantianism (cf. Zeidler: Provokationen. Zu Problemen des Neukantianismus, Wien 2018). This is refelected in the collection of essays by distinguished scholars who discuss and critically examine Zeidler's work. It includes contributions by Steinar Mathisen (Oslo), Wolfdietrich Schmied-Kowarzik (Vienna), Werner Flach (Lichtenau), Thomas Knoppe (Straberg), Geert Edel (Wyk/Föhr), Martin Bunte (Münster), Reinhard Hiltscher (Dresden), Walter Tydecks (Bensheim), Christian Krijnen (Amsterdam), Hartwig Wiedebach (Zürich), Max Gottschlich (Linz), Thomas Sören Hoffmann (Hagen), Rudolf Meer (Kaliningrad), Hans-Jürgen Müller (Frankfurt am Main), Robert König (Vienna), Ulrich Blau (Marburg), Karen Gloy (Luzern/Munich), Reinhold Breil (Aachen), Erhard Oeser (Vienna), Hans-Dieter Klein (Vienna), Hans Martin Dober (Tübingen), Kurt Walter Zeidler (Vienna) and Lois Marie Rendl (Vienna). (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

This paper is the introduction to the volume. It gives an argumentative view of the philosophical landscape concerning incommensurability and incomparability. It argues that incomparability, not incommensurability, is the important phenomenon on which philosophers should be focusing and that the arguments for the existence of incomparability are so far not compelling.

Recent epidemiological reports of associations between socioeconomic status and epigenetic markers that predict vulnerability to diseases are bringing to light substantial biological effects of social inequalities. Here, we start the discussion of the moral consequences of these findings. We firstly highlight their explanatory importance in the context of the research program on the Developmental Origins of Health and Disease (DOHaD) and the social determinants of health. In the second section, we review some theories of the moral status of health inequalities. (...) Rather than a complete outline of the debate, we single out those theories that rest on the principle of equality of opportunity and analyze the consequences of DOHaD and epigenetics for these particular conceptions of justice. We argue that DOHaD and epigenetics reshape the conceptual distinction between natural and acquired traits on which these theories rely and might provide important policy tools to tackle unjust distributions of health. (shrink)

This book offers a systematic attempt to explore the point of convergance between feminist theory and the work of Michel Foucault.

"Foucault: A Critical Introduction offers a comprehensive and accessible introduction to the work of one of the twentieth century's most influential thinkers. Unlike most books on Foucault, this book offers an assessment of all Foucault's work, including his final writings on governmentality and the self. McNay argues that the later work initiates an important shift in his intellectual concerns which alters any retrospective reading of his writings as a whole." "Throughout, McNay is concerned to assess the normative and political implications (...) of Foucault's social criticism. She goes beyond the level of many commentators to look at the values from which Foucault's work springs, and reveals the implicit assumptions underlying his social critique. McNay also discusses Foucault's position in the modernity/postmodernity debate, his own ambivalence toward Enlightenment thought and his place in recent developments in feminist and cultural theory. The result is an invaluable book which clearly outlines the central themes of Foucault's work, while offering a fresh appraisal of his thought."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

This article argues that the failure of certain theories of reflexive identity transformation to consider more fully issues connected to gender identity leads to an overemphasis on the expressive possibilities thrown up by processes of detraditionalization. By ignoring certain deeply embedded aspects, some theories of reflexive change reproduce the `disembodied and disembedded' subject of masculinist thought. The issues of disembodiment and disembeddedness are explored through a study of the work of Pierre Bourdieu on `habitus' and the `field'. The idea of (...) habitus yields a more dynamic theory of embodiment central to a feminist understanding of gender identity as a durable but not immutable norm. The idea of the `field' provides a more differentiated analysis of the social context in which the reflexive transformation of gender identity unfolds. This in turn offers a way of thinking of possible transformations within gender identity as uneven and non-synchronous phenomena. (shrink)

Embedded pragmatic clinical trials (PCTs), like other types of randomized comparative-effectiveness research (CER) studies, are sometimes conducted without informed consent. Indeed, authors of both...

In this paper we argue that transparency of machine learning algorithms, just as explanation, can be defined at different levels of abstraction. We criticize recent attempts to identify the explanation of black box algorithms with making their decisions (post-hoc) interpretable, focusing our discussion on counterfactual explanations. These approaches to explanation simplify the real nature of the black boxes and risk misleading the public about the normative features of a model. We propose a new form of algorithmic transparency, that consists in (...) explaining algorithms as an intentional product, that serves a particular goal, or multiple goals (Daniel Dennet’s design stance) in a given domain of applicability, and that provides a measure of the extent to which such a goal is achieved, and evidence about the way that measure has been reached. We call such idea of algorithmic transparency “design publicity.” We argue that design publicity can be more easily linked with the justification of the use and of the design of the algorithm, and of each individual decision following from it. In comparison to post-hoc explanations of individual algorithmic decisions, design publicity meets a different demand (the demand for impersonal justification) of the explainee. Finally, we argue that when models that pursue justifiable goals (which may include fairness as avoidance of bias towards specific groups) to a justifiable degree are used consistently, the resulting decisions are all justified even if some of them are (unavoidably) based on incorrect predictions. For this argument, we rely on John Rawls’s idea of procedural justice applied to algorithms conceived as institutions. (shrink)

This article considers Foucault’s analysis of ordoliberal and neoliberal governmental reason and its reorganization of social relations around a notion of enterprise. I focus on the particular idea that the generalization of the enterprise form to social relations was conceptualized in such exhaustive terms that it encompassed subjectivity itself. Self as enterprise highlights, inter alia, dynamics of control in neoliberal regimes which operate through the organized proliferation of individual difference in an economized matrix. It also throws into question conceptions of (...) individual autonomy that underpin much political thought and upon which ideas about political resistance are based. Self as enterprise also problematizes the viability of Foucault’s later work on ethics of the self as a practice of resistance. I go on to argue that Foucault’s discussion of an unresolved clash in civil society between monarchical and governmental power, between law and norm, offers an elliptical but more promising account of opposition to normalizing bio-power. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

This book provides an analysis of the debate surrounding cultural diversity, and attempts to reconcile the seemingly opposing views of "ethical imperialism," the belief that each individual is entitled to fundamental human rights, and cultural relativism, the belief that ethics must be relative to particular cultures and societies. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments. Key issues in health and medicine are explored in the context of cultural diversity: the physician-patient (...) relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist, but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out out her own research. (shrink)

This paper considers the advantages of incorporating Foucault's anti-essentialist theory of the body into feminist explanations of women's oppression. There are also problems in that Foucault neglects to examine the gendered character of the body and reproduces a sexism endemic in "gender neutral" social theory. The Foucauldian body is essentially passive resulting in a limited account of identity and agency. This conflicts with an aim of feminism: to rediscover and revalue the experiences of women.

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

We explore the extent to which Boards use executive compensation to incite firms to act in accordance with social and environmental objectives (e.g., Johnson, R. and D. Greening: 1999, Academy of Management Journal 42(5), 564-578; Kane, E. J.: 2002, Journal of Banking and Finance 26, 1919-1933.). We examine the association between executive compensation and corporate social responsibility (CSR) for 77 Canadian firms using three key components of executives' compensation structure: salary, bonus, and stock options. Similar to prior research (McGuire, J., (...) S. Dow and K. Argheyd: 2003, Journal of Business Ethics 45(4), 341-359), we measure three different aspects of CSR, which include Total CSR as well as CSR Strengths and CSR Weaknesses. CSR Strengths and CSR Weaknesses capture the positive and negative aspects of CSR, respectively. We find significant positive relationships between: (1) Salary and CSR Weaknesses, (2) Bonus and CSR Strengths, (3) Stock Options and Total CSR; and (4) Stock Options and CSR Strengths. Our findings suggest the importance of the structure of executive compensation in encouraging socially responsible actions, particularly for larger Canadian firms. This in turn suggests that executive compensation can be an effective tool in aligning executives' welfare with that of the "common good", which results in more socially responsible firms (Bebchuk, L., J. Fried and D. Walker: 2002, The University of Chicago Law Review 69, 751-846; Zalewski, D.: 2003, Journal of Economic Issues 37(2), 503-509). In addition, our findings suggest the importance of institutional context in influencing the association between executive compensation and CSR. Further implications for practice and research are discussed. (shrink)

Trust and monitoring are traditionally antithetical concepts. Describing trust as a property of a relationship of reliance, we introduce a theory of trust and monitoring, which uses mathematical models based on two classes of functions, including _q_-exponentials, and relates the levels of trust to the costs of monitoring. As opposed to several accounts of trust that attempt to identify the special ingredient of reliance and trust relationships, our theory characterizes trust as a quantitative property of certain relations of reliance that (...) can be quantified and expressed as a scalar quantity. Our theory is applicable to both human–human and human–artificial agent interactions, as it is agnostic with respect to the concrete realization of trustworthiness properties, and is compatible with many views differing on which properties contribute to trust and trustworthiness. Finally, as our mathematical models make the quantitative features of trust measurable, they provide empirical studies on trust with a rigorous methodology for its measurement. (shrink)

The central aim of this book is to answer two questions: Are alternatives for choice ever incomparable? and, In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed. This work is the first book length treatment of the topics of incomparability, value, and practical reason.

Here, we provide an ethical analysis of discrimination in private insurance to guide the application of non-discriminatory algorithms for risk prediction in the insurance context. This addresses the need for ethical guidance of data-science experts, business managers, and regulators, proposing a framework of moral reasoning behind the choice of fairness goals for prediction-based decisions in the insurance domain. The reference to private insurance as a business practice is essential in our approach, because the consequences of discrimination and predictive inaccuracy in (...) underwriting are different from those of using predictive algorithms in other sectors. Here we focus on the trade-off in the extent to which one can pursue indirect non-discrimination versus predictive accuracy. The moral assessment of this trade-off is related to the context of application—to the consequences of inaccurate risk predictions in the insurance domain. (shrink)

Many current abortion regulations represent an over-medicalization of abortion or a corruption of abortion's true medical nature, with disproportionate consequences to women with lower incomes and lesser means. This article explores the effects of unnecessary and harmful abortion restrictions on women living in poverty. A brief summary of the major abortion rights cases explains how the Constitution, as currently interpreted, vests the government and sometimes the medical profession with the power to protect women's health, rather than granting this power to (...) women themselves. The article then argues for a new approach for protecting women's health and respecting their dignity by reframing reproductive rights as health rights that women themselves can assert. (shrink)

The relation between leibniz's logical and his metaphysical views is the subject of much modern scholarship. Some commentators have argued that his metaphysics is based on his logic; others have taken the opposite position. However, Both sides pose the question in terms of 'priority'. On the contrary, I argue that it is likely that leibniz means the psr to play "both" a logical and a metaphysical role. The ambiguity of leibniz's psr indicates that he equates the metaphysical notion of causation (...) with the logical notion of deduction. The psr's ambiguity results less from any confusion on leibniz's part between the notions of cause and reason, Than from his desire to identify logic and metaphysics. That identity is achieved not by reducing one to the other, But by incorporating them on an equal basis into a single discipline. (shrink)

This article considers two themes in Butler's work: the dialectic of subject formation - that the autonomous subject is instituted through constraint - and the relation between the psyche and the social. With regard to the former, the introduction of a notion of historicity into a conception of the symbolic yields a concept of agency. Nonetheless, this concept of agency still lacks social specificity. By reconfiguring the psyche as an effect of the interiorization of social norms, Butler introduces the destabilizing (...) force of the category of the unconscious into constructivist accounts of identity. This sociocentric reworking of the psyche-social relations provides a nuanced account of gender identity, but it results in a negative model of action as the displacement of constraining social norms. It is also important for a conception of agency to include an account of the creative dimensions of action where actors actively appropriate conflicting socio-cultural values to institute new collective forms of identity. (shrink)

There is a need to feminize the research on entrepreneurs — to include the experiences of women in what we know to be true about entrepreneurs and the entrepreneurial process. This paper highlights some of the most significant methodological problems in researching women's entrepreneurial experience, problems which in the past, have prevented researchers from gaining an understanding of this experience, and which continues to stand in the way of developing female perspectives. Instead of using the existing male-based models, new approaches (...) are called for in incorporating women's experiences into entrepreneurship theory. This paper outlines the state of research and suggests future directions for developing research on women as entrepreneurs. (shrink)

The widespread use of algorithms for prediction-based decisions urges us to consider the question of what it means for a given act or practice to be discriminatory. Building upon work by Kusner and colleagues in the field of machine learning, we propose a counterfactual condition as a necessary requirement on discrimination. To demonstrate the philosophical relevance of the proposed condition, we consider two prominent accounts of discrimination in the recent literature, by Lippert-Rasmussen and Hellman respectively, that do not logically imply (...) our condition and show that they face important objections. Specifically, Lippert-Rasmussen’s definition proves to be over-inclusive, as it classifies some acts or practices as discriminatory when they are not, whereas Hellman’s account turns out to lack explanatory power precisely insofar as it does not countenance a counterfactual condition on discrimination. By defending the necessity of our counterfactual condition, we set the conceptual limits for justified claims about the occurrence of discriminatory acts or practices in society, with immediate applications to the ethics of algorithmic decision-making. (shrink)

The paper focuses on the discussion of social freedom in the family in Axel Honneth's most recent book Freedom's Right. I argue, on the one hand, that radical democrats have much to learn from Honneth's method of normative reconstruction because it provides a much needed corrective to the “social weightlessness” that characterizes their thought about democracy. In contrast to the current preoccupation with rarefied issues of political ontology, Freedom's Right exemplifies a type of sociologically attuned thinking that is essential for (...) addressing issues of power and inequality. On the other hand, I argue that Honneth's reliance on a teleological notion of historical progress has deeply constraining effects on his critique of power. First, in so far as it underestimates the impact of growing social inequality on personal and intimate relations, it fails to acknowledge just how extensive, radical and, potentially deeply contentious the political measures needed to realize social freedom in the family may have to be. Second, Honneth's teleological reconstruction provides too thin a basis to generate substantive normative solutions to issues of social justice in the family. Third, teleology tends to depoliticize the process of emancipatory social change by construing it in terms of impersonal mechanisms and developmental tendencies rather than as open-ended, often polemical and deeply contested forms of political struggle. (shrink)

The physician-researcher conflict of interest, a long-standing and widely recognized ethical challenge of clinical research, has thus far eluded satisfactory solution. The conflict is fairly straightforward. Medical research and medical therapy are distinct pursuits; the former is aimed at producing generalizable knowledge for the benefit of future patients, whereas the latter is aimed at addressing the individualized medical needs of a particular patient. When the physician-researcher combines these pursuits, he or she serves two masters and cannot — no matter how (...) well-intentioned — avoid the risk of compromising the duties owed in one of the professional roles assumed. Because of the necessary rigidity of a research protocol, the more demanding of the two masters is frequently the research.The problem of the physician-researcher conflict has been evident since the first attempts to regulate human research in the United States. Otto E. Guttentag, a physician at the University of California School of Medicine in San Francisco, addressed the conflict in a 1953Sciencemagazine article. (shrink)

The concept of the digital phenotype has been used to refer to digital data prognostic or diagnostic of disease conditions. Medical conditions may be inferred from the time pattern in an insomniac’s tweets, the Facebook posts of a depressed individual, or the web searches of a hypochondriac. This paper conceptualizes digital data as an extended phenotype of humans, that is as digital information produced by humans and affecting human behavior and culture. It argues that there are ethical obligations to persons (...) affected by generalizable knowledge of a digital phenotype, not only those who are personally identifiable or involved in data generation. This claim is illustrated by considering the health-related digital phenotypes of precision medicine and digital epidemiology. (shrink)