This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

Advances in biotechnology make possible the transition toward a carbohydrate-based economy. By modifying plants to sequester more carbon and survive on marginal lands, more cost-effective means for using biomass are explored. This article discusses how better use of biomass can reduce greenhouse gas emissions and poses questions about how this transition can occur.

The life–mind continuity thesis is difficult to study, especially because the relation between life and mind is not yet fully understood, and given that there is still no consensus view neither on what qualifies as life nor on what defines mind. Rather than taking up the much more difficult task of addressing the many different ways of explaining how life relates to mind, and vice versa, this paper considers two influential accounts addressing how best to understand the life–mind continuity thesis: (...) first, the theory of autopoiesis (AT) developed in biology and in enactivist theories of mind; and second, the recently formulated free energy principle in theoretical neurobiology, with roots in thermodynamics and statistical physics. This paper advances two claims. The first is that the free energy principle (FEP) should be preferred to the theory of AT, as classically formulated. The second is that the FEP and the recently formulated framework of autopoietic enactivism can be shown to be genuinely continuous on a number of central issues, thus raising the possibility of a joint venture when it comes to answering the life–mind continuity thesis. (shrink)

This article argues that advances in nanotechnology in general, and lab-on-chip technology in particular, have the potential to benefit the developing world in its quest to control risks to human health and the environment. Based on the “risk society” thesis of Ulrich Beck, it is argued that the developed world must realign its science and technology policy priorities to meet some of the most pressing needs of humanity.

In this paper, we report on the development and validity of the Professional Decision-Making in Research measure, a vignette-based test that examines decision-making strategies used by investigators when confronted with challenging situations in the context of empirical research. The PDR was administered online with a battery of validity measures to a group of NIH-funded researchers and research trainees who were diverse in terms of age, years of experience, types of research, and race. The PDR demonstrated adequate reliability and parallel form (...) correlation. As hypothesized, the PDR was significantly negatively correlated with narcissism, cynicism, moral disengagement, and compliance disengagement; it was not correlated with socially desirable responding. In regression analysis, the strongest predictors of higher PDR scores were low compliance disengagement, speaking English as a native language, conducting clinical research with human subjects, and low levels of narcissism. Given that the PDR was written at an eighth grade reading level to be suitable for use with English as a second language participants and that only one-fourth of items focused on clinical research, further research into the possible roles of culture and research ethics training across specialties is warranted. This initial validity study demonstrates the potential usefulness of the PDR as an educational outcome assessment measure and a research instrument for studies on professionalism and integrity in research. (shrink)

Traditional whistleblowing theories have purported that whistleblowers engage in a rational process in determining whether or not to blow the whistle on misconduct. However, stressors inherent to whistleblowing often impede rational thinking and act as a barrier to effective whistleblowing. The negative impact of these stressors on whistleblowing may be made worse depending on who engages in the misconduct: a peer or advisor. In the present study, participants are presented with an ethical scenario where either a peer or advisor engages (...) in misconduct, and positive and the negative consequences of whistleblowing are either directed to the wrongdoer, department, or university. Participant responses to case questions were evaluated for whistleblowing intentions, moral intensity, metacognitive reasoning strategies, and positive and negative, active and passive emotions. Findings indicate that participants were less likely to report the observed misconduct of an advisor compared to a peer. Furthermore, the findings also suggest that when an advisor is the source of misconduct, greater negative affect results. Post-hoc analyses were also conducted examining the differences between those who did and did not intend to blow the whistle under the circumstances of either having to report an advisor or peer. The implications of these findings for understanding the complexities involved in whistleblowing are discussed. (shrink)

This study examined the role of key causal analysis strategies in forecasting and ethical decision-making. Undergraduate participants took on the role of the key actor in several ethical problems and were asked to identify and analyze the causes, forecast potential outcomes, and make a decision about each problem. Time pressure and analytic mindset were manipulated while participants worked through these problems. The results indicated that forecast quality was associated with decision ethicality, and the identification of the critical causes of the (...) problem was associated with both higher quality forecasts and higher ethicality of decisions. Neither time pressure nor analytic mindset impacted forecasts or ethicality of decisions. Theoretical and practical implications of these findings are discussed. (shrink)

This paper examines the relationship between perceiving and imagining on the basis of predictive processing models in neuroscience. Contrary to the received view in philosophy of mind, which holds that perceiving and imagining are essentially distinct, these models depict perceiving and imagining as deeply unified and overlapping. It is argued that there are two mutually exclusive implications of taking perception and imagination to be fundamentally unified. The view defended is what I dub the ecological–enactive view given that it does not (...) succumb to internalism about the mind-world relation, and allows one to keep a version of the received view in play. (shrink)

At a time in medicine where the cost of human clinical labor continues to rise, with an overall shortage of providers at all levels, improved AI performance raises critical, pressing questions with...

In lieu of an abstract, here is a brief excerpt of the content:February 19, 2011 (11:48 am) E:\CPBR\RUSSJOUR\TYPE3002\russell 30,2 040 red.wpd Reviews 179 THE EARLY “IRON CURTAIN” Michael D. Stevenson Schulich School of Business, York U. / Russell Research Centre, McMaster U. Toronto, on m3j 1p3 / Hamilton, on l8s 4l6, Canada [email protected] Patrick Wright. Iron Curtain: from Stage to Cold War. Oxford: Oxford U. P., 2007. Pp. xvii, 488. isbn 978-0-19-923150-8. £18.99 (hb); £12.99 (pb). In his famous Westminster (...) College address on 5 March 1946 in Fulton, Missouri, Winston Churchill Wred one of the opening salvos of the Cold War by proclaiming that from “Stettin in the Baltic to Trieste in the Adriatic an iron curtain” had been lowered across Europe. Patrick Wright’s intriguing and provocative book does not examine the phrase “iron curtain” in its popular Cold War context. Instead, he maintains that many characteristics of this metaphor, “including the pronounced sense of theatricality it would bring to international politics, were inherited from the period before the Second World War” (p. 18). Wright divides Iron Curtain into two primary chronological sections, the Wrst covering the period from 1914 to 1920. An iron curtain originally referred to the steel safety screen that descended in English theatres, beginning in the lateeighteenth century, to separate the audience from the often catastrophic Wres that broke out on the stage. The phrase entered the lexicon of international relations in January 1915 when British author and paciWst Violet Page (writing under the pseudonym Vernon Lee) published an article lamenting that “War’s cruelties and recriminations, War’s monstrous iron curtain” (p. 80) had alienated European nations such as England and Germany sharing a common cultural heritage. But the barrier quickly moved east in the aftermath of the 1917 Russian Revolution and “took the form not just of exaggerated political rhetoric, but of an economic blockade enforced by naval power” (p. 171), as the Allies sought to contain the infection of Bolshevism. Wright devotes most attention in this section to documenting the 1920 visit to Russia by the British delegation jointly sponsored by the Trades Union Congress and the Labour Party, which sought to penetrate the dense fog of Allied anti-Bolshevik propaganda and validate the delegation members’ own preconceived views about the nascent socialist utopia in Russia. British delegates witnessed images both of progress carefully stagemanaged by their hosts and of terrible economic dislocation and poverty caused by the Allied blockade and the civil war, which allowed the majority of them to return home to lavish praise on the Soviet experiment that would, in their minds, inevitably fulWl its potential once the Bolshevik government became stable. February 19, 2011 (11:48 am) E:\CPBR\RUSSJOUR\TYPE3002\russell 30,2 040 red.wpd 180 Reviews 1 “The Future of Europe”, European AVairsz 1, no. 1 (April 1949): 3. The second section of Wright’s book examines Western reports of life behind the iron curtain between 1920 and 1939. Here, the author focuses heavily on the theatrical nature of Soviet attempts to create modern-day Potemkin villages that werez—zwith a limited number of exceptionsz—zaccepted as reality by an endless parade of left-wing visitors. A second British Trades Union Congress delegation in 1924, for example, received a dramatically embellished picture of Soviet economic progress that included a train journey past a long-abandoned factory belching smoke created by burning wet straw frantically provided by Russian peasants; the resulting report of the delegation “repeatedly collapsed into the most abject conformity with the Soviet view of reality” (p. 245). The most tragic examples of Western visitors’ blindness to the truth occurred during the 1930s famine deliberately induced by Stalin, and Wright exposes a wide cast of characters who adopted a blinkered view of conditions in the ussr. Among intellectuals, Wright documents the 1931 visit of George Bernard Shaw, who cavalierly dismissed reports of widespread food shortages while dining sumptuously in Moscow’s Hotel Metropole. Among journalists, Wright develops the case of Walter Duranty, the New York Timesz correspondent who knuckled under to demands of Soviet censors to produce sanitized accounts denying or ignoring the famine in order to protect his privileged place in that... (shrink)

Despite Heinrich Popitz’s non-ideological, carefully descriptive account of how power is initiated and maintained, he too easily dismisses the Frankfurt School’s call for domination-free discourse as merely a subject for academic speculation. Because of his focus on the factual, Popitz neglects the possibility that ethical norms can challenge strategically-guided discourse even if only counterfactually. In addition, such norms are at work in the very discursive exchange represented by his writing his book for his readers and in that book’s aspiration to (...) universal validity claims that run counter to strategic interests that tend to be particularistic. Popitz’s own conviction that power does not completely suppress freedom provides at least a space in which claims can be advanced and evaluated independently of strategic imperatives. Perhaps because Popitz’s approach is limited to describing the functioning of power, the underlying philosophical anthropology of his work is Hobbesian insofar as agents seek to subject others to asymmetrical power relationships and insofar as even the recognition one gives to another aims at retrieving recognition for oneself. A counter-asymmetry is to be found in Emmanuel Levinas’s phenomenological descriptions of the ethical summons of the other which provide a philosophical backdrop against which power is exercised and in which the first event of the interpersonal encounter is peace, not war. (shrink)

An ideal rule-Utilitarian theory is presented which incorporates some of the advantages of those based on accepted rules. The theory attempts to maximize welfare for a society of imperfect men. First an ideal moral code is explicated. Second a principle of a practical moral code is explicated which in effect prohibits violating rules of an ideal moral code except when general conformity to an ideal rule would have bad consequences.

John McDowell’s ethical writings interpret ethical experience as intentional, socially-conditioned, virtuous responsiveness to situations and develop a modest account of practical rationality. His work converges with investigations of ethical experience by recent Kant scholars (Sherman, Brewer, Herman) and Emmanuel Levinas. The Kantian interpreters and Levinas locate the categorical demands of ethical experience in rational agents’ demands for respect, while McDowell finds it in noble adherence to the demands of virtuous living. For McDowell, moral-practical rational efforts to justify ethics cannot transcend (...) one’s form of life and are motivated by desires to coerce others under a veneer of rationality or an unnecessary modern anxiety to protect community beliefs. He overlooks how such justifications can be motivated by a desire to give an account of one’s beliefs out of responsibility to others different from oneself, a responsibility elicited by others in ethical experience as depicted by the Kantian interpreters and Levinas. (shrink)

Simone Weil was a French philosopher and theologian, political activist and mystical writer. She graduated from the Ecole Normale Superieure, and was licensed to teach philosophy in 1931. For the following six years, Weil taught in a number of lycees and was active in radical politics. ;Beginning in late 1937, Weil had a series of mystical experiences which turned her thoughts and actions toward Catholic belief and the Christian way of action. Though never baptized, she recorded in great detail her (...) spiritual insights and reflections in a series of essays and notebooks that reflect the Christian Platonist tradition of Catholic spirituality. She died in England while working on the staff of the office of the Free French Forces. ;The quest to understand the widely divergent paths of Simone Weil's life and thought has led interpreters to characterize her as a Christian Platonist philosopher, a Catholic spiritual innovator, a mystical theologian, a left-wing political theorist, a critic of modern culture, and a martyr to sacrificial, self-emptying love. The central question about the unity of her thought remains unresolved. This dissertation argues that the unifying idea in her life and thought is the understanding and pursuit of the good of others. ;The Introduction briefly summarizes the importance in her career of the good. The first chapter analyzes Weil's discussion of the good in her student years, and the second examines her metaphysical ideas then. ;Chapters three and four discuss Weil's political philosophy in light of her focus on the synergy of thought and action in the process of understanding and pursuing the good. Chapter five takes a look at Weil's discussion of the cultural roles force and science play in opposition to the good. Finally, chapters six and seven examine in some detail Weil's theological account of the good. ;As a contribution to the study of the thought of Simone Weil, the dissertation shows that much of her intellectual, political and religious career can best be understood as a continuous effort to define the good and to integrate this understanding with actions that attend to it. (shrink)

Schutz’s manuscripts on Goethe’s novels show that he approached theological/metaphysical questions with seriousness and in a social-scientific rather than natural-theological vein. Temporality’s passage, issuing in the unintended consequences that intrigue social scientists and economists, opens onto intersubjective structures since the (subjective) meaning of an act for an actor may always be understood differently from another’s later, objective standpoint—even if the other is oneself understanding one’s earlier self. In this micro-level, pretheoretical, temporal/intersubjective matrix, life’s unforeseen, uncontrollable consequences prompt questions about fate. (...) Recognizing that present acts permit later re-interpretation by others is the origin of metaphysical speculation and, paradoxically, fallibilism. (shrink)

Individuals of some animal species have been taught simple versions of human language despite their natural communication systems failing to rise to the level of a simple language. How is it, then, that some animals can master a version of language, yet none of them deploy this capacity in their own communication system? I first examine the key design features that are often used to evaluate language-like properties of natural animal communication systems. I then consider one candidate animal system, bird (...) song, because it has several of the key design features or their precursors, including social learning and cultural transmission of their vocal signals. I conclude that although bird song communication is nuanced and complex, and has the acoustic potential for productivity, it is not productive – it cannot be used to say many different things. Finally, I discuss the debate over whether animal communication should be viewed as a cooperative information transmission process, as we typically view human language, or as a competitive process where signaler and receiver vie for control. The debate points to a necessary condition for the evolution of a simple language that has generally been overlooked: the degree of to which the interests of the signaler and receiver align. While strong cognitive and signal production mechanisms are necessary pre-adaptations for a simple language, they are not sufficient. Also necessary is the existence of identical or near-identical interests of signaler and receiver and a socio-ecology that requires high-level cooperation across a range of contexts. In the case of our hominid ancestors, these contexts included hunting, gathering, child care and, perhaps, warfare. I argue that the key condition for the evolution of human language was the extreme interdependency that existed among unrelated individuals in the hunter-gatherer societies of our hominid ancestors. This extreme interdependency produced multiple prosocial adaptations for effective intragroup cooperation, which in partnership with advanced cognitive abilities, set the stage for the evolution of language. (shrink)