School teachers routinely work with minors who are vulnerable, though research on teacher professional misconduct is limited. Using a 5-year cohort of cases (N = 325) from New Zealand’s Teachers Disciplinary Tribunal (2018–2022), this study describes tribunal processes and outcomes including types, setting (private/professional) and sector (Early childhood education/primary and secondary education) of the misconduct, pleas, and penalties ordered. Physical violence constituted the most frequent (51.5%) type of misconduct, with early childhood education and female teachers being independently associated with this (...) type of misconduct. Primary/secondary and male teachers were overrepresented in boundary violation misconduct. Misconduct related to criminal convictions was significantly more likely to arise from private life contexts. While professional misconduct is rare, findings from the study point to risk factors in certain settings, and the need for more research to build understanding of risk and remediation approaches after such conduct. (shrink)

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

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)

"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 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)

Innovations in science and technology are often the source of public concern, but few have generated debates as intense and at the same time with such a popular fascination as those surrounding genetic technologies. Unequal access to preimplantation diagnosis could give some individuals the opportunity to select children with more advantageous predispositions.

This paper supports the personal data platform cooperative as a means of bringing about John Rawls’s favoured institutional realisation of a just society, the property-owning democracy. It describes personal data platform cooperatives and applies Rawls’s political philosophy to analyse the institutional forms of a just society in relation to the economic power deriving from aggregating personal data. It argues that a society involving a significant number of personal data platform cooperatives will be more suitable to realising Rawls’s principle of fair (...) equality of opportunity. (shrink)

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)

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)

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)

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

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)

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)

I argue that Forst’s justification paradigm is less radical than claimed in that it fails to establish an immanent connection between the role of justification as a transcendental principle and as...

: Dr. Smith is an internist in private practice who works at an inner city clinic affiliated with a university hospital. He is also a member of the university faculty. Many of Dr. Smith’s patients have type 2 diabetes mellitus and struggle with health care and other costs. Thinking about opportunities to better serve his patients and advance his career, Dr. Smith considers conducting clinical research in his office. ACME is a respected pharmaceutical company that for decades has engaged in (...) research, development, and production of widely used drugs. Several of ACME’s oral agents for type 2 diabetes will soon go off patent. In an effort to retain its market share in this class of drugs, ACME wants to complete clinical trials expeditiously and obtain approval for its new oral hypoglycemic medicine. The company approaches Dr. Smith to be a coinvestigator in its multicenter clinical trial. (shrink)

Digital apps using Bluetooth to log proximity events are increasingly supported by technologists and governments. By and large, the public debate on this matter focuses on privacy, with experts from both law and technology offering very concrete proposals and participating to a lively debate. Far less attention is paid to effective incentives and their fairness. This paper aims to fill this gap by offering a practical, workable solution for a promising incentive, justified by the ethical principles of non-maleficence, beneficence, autonomy (...) and justice. This incentive is a free phone optimised for running such app. (shrink)

Whether on the theoretical level or by analyzing specific cases, this collection examines the different ways of experiencing and dealing with precarity. Its goal is to elucidate the uses of rhetoric so as to grasp to what extent the "minus" may (sometimes) represent a "plus".

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.

This paper focuses on the idea of exemplarity outlined by the Italian critical theorist Alessandro Ferrara that forms part of his general case for the centrality of disclosure to emancipatory political reasoning. Ferrara argues that “at its best” political thought should have the capacity to animate the democratic imagination by disclosing new political worlds and hence new possibilities for thought and action. I argue that Ferrara’s notion of exemplarity provides important conceptual resources for a re-grounding of critical theory in the (...) type of experientially based disclosing critique that has, post Habermas, been marginalized. Ferrara’s work is significant in two respects. First, exemplary universalism provides a much-needed alternative to the assimilative paradigms of normative reasoning that dominate contemporary political theory. Exemplary normativity suggests a mode of reasoning from concrete particularity that is more inclusive than principle-based approaches of voices which, by virtue of their ma... (shrink)

Availability of external funding influences the viability and structure of scientific fields. In the 1980s, structural changes in the manner in which external funds became available started to have an impact on materials science and engineering in the United States. These changes colluded with the search for a disciplinary identity of this research field inside the university. The solutions that arose were intended to find a mediating structure between external demands and resources and disciplinary orientation. Interviews with seventeen scientists in (...) seven universities revealed the impact in local university settings. The rise of research centers as new organizational units in universities can be linked to two periods. In the 1960s, expensive instruments stimulated unit formation; in the 1980s, the increase in application-related funding forced new administrative ways. It is shown that organizational changes also have an impact on disciplinary identity as witnessed by a strong increase in interdisciplinary materials Ph.D.s awarded. (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...

The AMA Council on Ethical and Judicial Affairs (CEJA) has initiated an important discussion on medical professionalism and the use of social media by issuing thoughtful and practical guidance for physicians and medical students. The implications of online activities for trust in the profession, as well as for trust between patient and doctor, however, will need further exploration as digital life expands and evolves.

Clients may feel trapped into sharing their private digital data with insurance companies to get a desired insurance product or premium. However, private insurance must collect some data to offer products and premiums appropriate to the client’s level of risk. This situation creates tension between the value of privacy and common insurance business practice. We argue for three main claims: first, coercion to share private data with insurers is pro tanto wrong because it violates the autonomous choice of a privacy-valuing (...) client. Second, we maintain that irrespective of being coerced, the choice of accepting digital surveillance by insurers makes it harder for the client to protect his or her autonomy. The violation of autonomy also makes coercing customers into digital surveillance pro tanto morally wrong. Third, having identified an economically plausible process involving no direct coercion by insurers, leading to the adoption of digital surveillance, we argue that such an outcome generates further threats against autonomy. This threat provides individuals with a pro tanto reason to prevent this process. We highlight the freedom dilemma faced by regulators who aim to prevent this outcome by constraining market freedoms and argue for the need for further moral and empirical research on this question. (shrink)

A recent legal case involving an ambiguous diagnosis in a woman with a severe disorder of consciousness raises pressing questions about treatment withdrawal in a time when much of what experts know about disorders of consciousness is undergoing revision and refinement. How much should diagnostic certainty about consciousness matter? For the judge who refused to allow withdrawal of artificial nutrition and hydration, it was dispositive. Rather than relying on substituted judgment or best interests to determine treatment decisions, he ruled that (...) withdrawal was categorically prohibited, even as he concluded that Hannah Capes was more likely than not in a permanent vegetative state. In many jurisdictions, his decision would likely be consistent with existing law. Evolving technological advances have demonstrated that biologically distinct diagnoses incorporated into state laws may be difficult to establish even under ideal conditions. We offer the Capes case for purposes of examining the consequences of enshrined legal distinctions between permanent vegetative state and other severe disorders of consciousness. Insistence on proof of the permanent absence of consciousness before treatment withdrawal is allowed fails to respect the rights of persons with disorders of consciousness. Even the well-established rights to treatment withdrawal for those in a permanent vegetative state may be in jeopardy if reform is not undertaken. (shrink)

Grounded in Bandura’s social cognitive theory of moral thought and action, we develop a conceptual model linking supervisors’ perceptions of organizational injustice and abusive supervision with moral disengagement mechanisms acting as the underlying process. Specifically, we elaborate why and how supervisors’ experiences of each type of injustice would trigger their adoption of distinctive moral disengagement mechanisms, which in turn lead to their abusive supervisory conduct. The present conceptual model sheds new light on linking organizational injustice to abusive supervision from a (...) moral perspective. In addition, it also provides important theoretical and managerial implications to our current understanding of why and how abusive supervision happens. (shrink)

Among the most auspicious findings of neuroscience in recent years is the mutability of brain connectivity. In allowing for an increased integration of the study of brain with the study of mind, it deepens our understanding of affect and cognition and of the perceptual and imaginative dimensions of the psyche. It is the primary objective of this article to investigate what the young discipline known as neuroaesthetics brings to our understanding of Beckett’s creativity and how it enriches our scholarship. Focusing (...) on Beckett’s preoccupation with memory, resituating this preoccupation within the arena of the Default Mode Network — in which reference to self is spontaneous and in some sense deeply related to the freely associative speech of the “talking cure” — leads to several conclusions: The most significant include the potentially therapeutic value Beckett derived from writing (change in the mind being a function of change in the brain) and to the justification for recontextualizing psychohistory (speculative at best) as psychobiology. (shrink)

Purpose Cybersecurity in healthcare has become an urgent matter in recent years due to various malicious attacks on hospitals and other parts of the healthcare infrastructure. The purpose of this paper is to provide an outline of how core values of the health systems, such as the principles of biomedical ethics, are in a supportive or conflicting relation to cybersecurity. Design/methodology/approach This paper claims that it is possible to map the desiderata relevant to cybersecurity onto the four principles of medical (...) ethics, i.e. beneficence, non-maleficence, autonomy and justice, and explore value conflicts in that way. Findings With respect to the question of how these principles should be balanced, there are reasons to think that the priority of autonomy relative to beneficence and non-maleficence in contemporary medical ethics could be extended to value conflicts in health-related cybersecurity. Research limitations/implications However, the tension between autonomy and justice, which relates to the desideratum of usability of information and communication technology systems, cannot be ignored even if one assumes that respect for autonomy should take priority over other moral concerns. Originality/value In terms of value conflicts, most discussions in healthcare deal with the conflict of balancing efficiency and privacy given the sensible nature of health information. In this paper, the authors provide a broader and more detailed outline. (shrink)

The initial online publication contained a typesetting mistake in the author information. The original article has been corrected.

Hermann Cohen hat mit seiner wissenschaftslogischen Kantinterpretation und programmatischen Orientierung der Erkenntnislehre am ‚Faktum der Wissenschaft‘ das Verständnis von transzendentaler Logik bis in die Gegenwart maßgeblich mitgeprägt. Der zentrale Punkt seiner Kantinterpretation ist die Identifikation der „transzendentalen Methode“ mit der „regressiven Lehrart“ der Prolegomena und damit die Ersetzung der metaphysischen Deduktion der Kategorien durch eine wissenschaftstheoretische Rekonstruktion der synthetischen Grundsätze der mathematischen Naturwissenschaft. Im vorliegenden Aufsatz wird versucht im Anschluss an grundlegende Arbeiten von Kurt Walter Zeidler, die von Cohen in (...) Kants Theorie der Erfahrung entwickelten Argumente für diese Interpretation und die ihr zugrundeliegenden Motive darzulegen und sowohl mit Blick auf Kants eigene methodologische Ausführungen in den Prolegomena und der Kritik der reinen Vernunft als auch mit Blick auf das von Cohen in der Logik der reinen Erkenntnis als „härtestes Problem der Logik“ bezeichnete Problem der Vermittlung von Einzelnem und Allgemeinem kritisch zu hinterfragen. (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)

Child custody evaluators frequently encounter 3 complex problems: assessment of highly contested cases; how to help the court, attorneys, and clients struggle with the ambiguity of the "best interest" standard; and ethical issues in assessing the children's preferences for their primary custodial parent. The purpose of this article is to describe the methodological implications of recent custody evaluation guidelines and recent research. Recommendations include reliance on family-process oriented diagnostic approaches and functional assessment methods, use of evaluation methods in which relevant (...) parties have an opportunity to state their views and rationale concerning the children's best interests, and understanding of the content areas relevant to assessing children's custodial preferences at different developmental levels. (shrink)

Hermann Cohen hat mit seiner wissenschaftslogischen Kantinterpretation und programmatischen Orientierung der Erkenntnislehre am ‚Faktum der Wissenschaft‘ das Verständnis von transzendentaler Logik bis in die Gegenwart maßgeblich mitgeprägt. Der zentrale Punkt seiner Kantinterpretation ist die Identifikation der „transzendentalen Methode“ mit der „regressiven Lehrart“ der Prolegomena und damit die Ersetzung der metaphysischen Deduktion der Kategorien durch eine wissenschaftstheoretische Rekonstruktion der synthetischen Grundsätze der mathematischen Naturwissenschaft. Im vorliegenden Aufsatz wird versucht im Anschluss an grundlegende Arbeiten von Kurt Walter Zeidler, die von Cohen in (...) Kants Theorie der Erfahrung (1871, 2. Aufl. 1885) entwickelten Argumente für diese Interpretation und die ihr zugrundeliegenden Motive darzulegen und sowohl mit Blick auf Kants eigene methodologische Ausführungen in den Prolegomena und der Kritik der reinen Vernunft als auch mit Blick auf das von Cohen in der Logik der reinen Erkenntnis (21914) als „härtestes Problem der Logik“ bezeichnete Problem der Vermittlung von Einzelnem und Allgemeinem kritisch zu hinterfragen. (shrink)

In Parkinson’s disease, the fronto-striatal network is involved in motor and cognitive symptoms. Working memory updating training engages this network in healthy populations, as observed by improved cognitive performance and increased striatal BOLD signal. This two-part study aimed to assess the feasibility of WM updating training in PD and measure change in cognition, movement and functional brain response in one individual with PD after WM updating training. A feasibility and single-subject study were performed in which patients with PD completed computerized (...) WM updating training. The outcome measures were the pre-post changes in criterion and transfer cognitive tests; cognitive complaints; psychological health; movement kinematics; and task-related BOLD signal. Participants in the feasibility study showed improvements on the criterion tests at post-test. FL displayed the largest improvements on the criterion tests and smaller improvements on transfer tests. Furthermore, FL reported improved cognitive performance in everyday life. A shorter onset latency and smoother upper-limb goal-directed movements were measured at post-test, as well as increased activation within the striatum and decreased activation throughout the fronto-parietal WM network. This two-part study demonstrated that WM updating training is feasible to complete for PD patients and that change occurred in FL at post-test in the domains of cognition, movement and functional brain response. (shrink)

The fifth edition of the Ethics Manual examines emerging issues in medical ethics faced by internists and their patients and revisits older issues that are ...

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)