The reasons for judgment by the Supreme Court of Canada on the appeal in Mabior (2012 SCC 47) fail to address or resolve a number of significant questions. The reasons acknowledge the fundamental role of sexual consent in protecting sexual autonomy, equality, and human dignity, but do not use the law of consent as a tool to assist the Court in crafting a fresh approach to the issue on appeal. Instead the Court adopts the same general approach to (...) analysis of the elements of aggravated sexual assault committed by fraud it used in 1998 in Cuerrier. Fifteen years later, it should be possible to re-conceptualize the problem in a more straightforward manner that reflects Charter values, fundamental common law principles, recent developments in sexual assault law, and the limitations and uncertainties of current HIV treatment and diagnosis. -/- Ironically, the two pronged legal test ultimately proposed by the Court -- non-disclosure of HIV-positive status and a “realistic possibility of transmission,” is likely to give false confidence to individuals who adhere to a regime of anti-retroviral treatment, use good quality latex condoms, and routinely conceal their HIV-positive status from their sexual partners. Research shows that HIV viral loads fluctuate widely in response to a myriad of factors. An inevitable consequence of reliance on the Mabior test will be accused who are shocked to find themselves charged under s. 273, charges that would not apply had they disclosed their HIV-positive status to their sexual partner(s). There are further practical consequences. Non-disclosure will tend to increase the risk of transmission because non-HIV-positive sexual partner(s) will not fully appreciate the actual hazards of improper condom use. As a direct result, careless sexual practices will be more common. And finally, the decision will not contribute to reducing the social stigma that haunts the lives of those who are HIV-positive -- even those who are skilled at deceit. That stigma will not be reduced or eliminated by a ruling that can be seen as tacitly validating stigmatization and fear by appearing to permit infected individuals to pretend they are not HIV-positive when they know or suspect this to be false. Deceit harms the human dignity of the deceived and deceiver alike, and does nothing to build authentic social trust and cohesion. For all these reasons, the problem on appeal in Mabior requires a different approach. This article proposes one. (shrink)

It is widely agreed among health professionals that couples using donor insemination should be offered counselling on the topic of donor conception disclosure. However, it is clear from the literature that there has long been a lack of agreement about which counselling approach should be used in this case: a directive or a non-directive approach. In this paper we investigate which approach is ethically justifiable by balancing the two underlying principles of autonomy and beneficence. To overrule (...) one principle in favour of another, six conditions should be fulfilled. We analyse the arguments in favour of the beneficence principle, and consequently, a directive approach. This analysis shows that two conditions are not met; the principle of autonomy should not be overridden. Therefore, at this moment, a directive counselling approach on donor conception disclosure cannot be ethically justified. (shrink)

BackgroundWhether and how to disclose genomic findings obtained in the course of genomic clinical practice and medical research has been a controversial global bioethical issue over the past two decades. Although several recommendations and judgment tools for the disclosure of genomic findings have been proposed, none are sufficiently systematic or inclusive or even consistent with each other. In order to approach the disclosure/non-disclosure practice in an ethical manner, optimal and easy-to-use tools for supporting the judgment of (...) physicians/researchers in genomic medicine are necessary.MethodsThe bioethics literature on this topic was analyzed to parse and deconstruct the somewhat overlapping and therefore ill-defined key concepts of genomic findings, such as incidental, primary, secondary, and other findings. Based on the deconstruction and conceptual analyses of these findings, we then defined key parameters from which to identify the strength of duty to disclose (SDD) for a genomic finding. These analyses were then applied to develop a framework with the SDD matrix and systematic decision-making pathways for the disclosure of genomic findings.ResultsThe following six major parameters (axes), along with sub-axes, were identified: Axis 1 (settings and institutions where findings emerge); Axis 2 (presence or absence of intention and anticipatability in discovery); Axis 3 (maximal actionability at the time of discovery); Axis 4 (net medical importance); Axis 5 (expertise of treating physician/researcher); and Axis 6 (preferences of individual patients/research subjects for disclosure). For Axes 1 to 4, a colored SDD matrix for genomic findings was developed in which levels of obligation for disclosing a finding can be categorized. For Axes 5 and 6, systematic decision-making pathways were developed via the SDD matrix.ConclusionWe analyzed the SDD of genomic findings and developed subsequent systematic decision-making pathways of whether and how to disclose genomic findings to patients/research subjects and their relatives in an ethical manner. Our comprehensive framework may help physicians and researchers in genomic medicine make consistent ethical judgments regarding the disclosure of genomic findings. (shrink)

The article examines the effects of non-financial disclosure on corporate social responsibility. We conceptualise trade-offs between two ideal types in relation to CSR. Whereas self-regulation is associated with greater flexibility for businesses to develop best practices, it can also lead to complacency if firms feel no external pressure to engage with CSR. In contrast, government regulation is associated with greater stringency around minimum standards, but can also result in rigidity owing to a ‘one-size-fits-all’ approach. Given these potential trade-offs, (...) we ask how mandatory non-financial disclosure has been shaping CSR practices and examine its potential effectiveness as a regulatory instrument. Our analysis of 24 OECD countries using the Asset4 database shows that firms in countries that require non-financial disclosure adopt significantly more CSR activities. However, we also find that NFD regulation does not lead to lower levels of corporate irresponsibility. Furthermore, our analysis demonstrates that, over time, the variation in CSR activities declines as firms adopt increasingly similar practices. Our study thereby contributes to understanding the impact of government regulation on CSR at firm level. We also discuss the limits of mandatory NFD in addressing regulatory trade-offs between stringency and flexibility in the field of corporate social responsibility. (shrink)

Le dévoilement de soi occupe une part significative des interventions initiales des fils de discussions sur les plateformes numériques de soutien social. Si ce type d’intervention répond au besoin des participants de s’exprimer, de partager leurs émotions, il pose des défis aux interlocuteurs en raison de l’absence de demande explicite de soutien. L’analyse des interactions d’un forum de soutien social en ligne pour personnes atteintes d’un cancer et leurs proches (2017-2018) vise à comprendre comment ce partage d’émotions et d’expériences est (...) interprété et répondu par les pairs, évaluant le cadre interactionnel activé dans de tels contextes. Les résultats montrent que si des actes de prescriptions de comportements et d’attitudes non sollicitées sont présents dans la grande majorité des fils, ils s’articulent finement à des actes d’empathie, qui permettent d’atténuer la force intrusive du soutien. L’analyse révèle aussi comment la formulation du dévoilement de soi influence le soutien offert (empathique/prescriptif). Au final, la présentation des formes d’accomplissement du soutien en réaction au dévoilement de soi permet d’envisager des pistes d’action pour favoriser l’engagement et le bien-être psychosocial des membres de ces forums. (shrink)

This article examines corporate social disclosures (CSD) in an African developing economy (Mauritius) as provided in the annual reports of listed companies from 2004 to 2007. Informed by the country’s social, political and economic context and legitimacy theory, we hypothesise that the extent and variety of CSD themes (social, ethics, environment and health and safety) will be enhanced post-2004 and will be influenced by profitability, size, leverage and industry affiliation. We find a significant increase in the volume and variety of (...) CSD, although information in relation to social activities remains the most prominent form of disclosure. This is in contrast to previous studies which reported on the primacy of employee disclosures in developing countries. Using a pooled regression analysis, we also observe that size does explain variations in overall CSD and social disclosures, whilst leverage is positively related to changes in environmental and health and safety disclosures. There is no profitability relationship, and the effects of industry affiliation on CSD are non-significant or contrary to expectations. Overall, we assert that legitimacy, as a strategic and managerially driven approach favouring symbolic actions, is the prevailing motivation underlying the progression of CSD in Mauritius. (shrink)

This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called (...) black-letterism and a policy-approach to international law. Meanwhile the doctrinal method is fully functional and mostly accepted in domestic law, though often contested in international law. But after all, international law being sui generis law is not just an instance of the domestic-type law which is the effect of particular features of the international community. (shrink)

ABSTRACT The technological revolution has created enormous opportunities for the provision of affordable, accessible, and flexible mental healthcare. Yet it also creates complexities and ethical challenges. While some of these challenges may be similar to face-to-face care, their nuance in the online milieu is different, as relationships, identities and boundaries in this setting are fluid, and there is an absence of physical presence. In this paper we consider the specific ethical complexities involved in the provision of a social networking intervention (...) for depression and problematic alcohol use involving providers and peers. We present a case in which clinicians encountered a participant who repeatedly expressed suicidal thoughts in this online forum, and reflect on how this situation was managed. In analyzing this case, we use relational ethics—which proposes that interpersonal relationships are the fulcrum for ethical decision-making and action—together with actor-network theory—which highlights the power of technology to transform and mediate social and ethical relationships. Our analysis demonstrates the need to move beyond human-centric approaches, to recognize the role of both human and non-human actors in shaping moral decisions and behavior in the provision of e-mental healthcare. (shrink)

Integrated reporting, as a novel corporate reporting approach, focuses on how six forms of capital promote corporate value. This paper explores whether this kind of multiple capitals disclosure framework has an impact on the capital market. Using a sample of Chinese A-share firms from 2012 to 2016, we examine the relationship between MCD quality and firm value. The results indicate that a higher MCD quality leads to a greater firm value. Our results are robust to a variety of (...) sensitivity tests. Further evidence suggests that MCD quality could increase profitability by affecting the decision-making of non-financial stakeholders and enhance the value relevance of financial information by affecting the decision-making of investors. The paper helps understand how the IR approach affects the perception of investors on the value of a firm. The findings of the paper are of interest to academics, corporate management, investors, and governmental officials. (shrink)

The emerging international biomedical law tends to recognise the right not to know one’s genetic status. However, the basis and conditions for the exercise of this right remain unclear in domestic laws. In addition to this, such a right has been criticised at the theoretical level as being in contradiction with patient’s autonomy, with doctors’ duty to inform patients, and with solidarity with family members. This happens especially when non-disclosure poses a risk of serious harm to the patient’s relatives (...) who, without that vital information, could be deprived of preventive or therapeutic measures. This paper argues, firstly, that individuals may have a legitimate interest in not knowing their genetic make up to avoid serious psychological consequences; secondly, that this interest, far from being contrary to autonomy, may constitute an enhancement of autonomy; thirdly, that the right not to know cannot be presumed, but must be “activated” by the individual’s explicit choice, and fourthly, that this is not an absolute right, in the sense that it may be restricted when disclosure to the patient is necessary in order to avoid a risk of serious harm to third persons. (shrink)

Non-domestic companies are increasingly present on the London Stock Exchange. Such companies have specific governance requirements. They may seek to access capital in a more liquid market and to diversify ownership. The reputational ‘bonding’ to a prestigious exchange should be a statement to the market of a propensity to disclosure and a willingness to protect minority shareholders. Yet, many non-domestic companies retain tightly controlled shareholding structures and are based in emerging regions where national culture norms differ to the UK. (...) We hypothesise that non-domestic companies are likely to be less compliant with the principles of the UK Corporate Governance Code and suggest a correlation between lower levels of compliance and non-domestic companies from countries that demonstrate high power distance in the Hofstede cultural value framework. We find some encouraging signs of compliance with the reigning governance code principles in Board structures. However, we find only partial compliance in leadership and Board effectiveness measures in those companies from cultures high on the power-distance scale. Further, we include analysis into ownership characteristics and find companies from emerging markets are dominated by a single or controlling group of shareholders, which is likely to impact on attitudes to compliance and is particularly evidenced in terms of Board structures with no executive directors or led by an executive Chairman. Much of the prior research effort into the levels of compliance with the UK’s ‘comply-or-explain’ approach to governance has produced mixed results and focused on all companies. In our exploratory approach to analysing only the non-domestic subsample, we report some evidence linking cultural distance to lower levels of compliance with the UK standards. We develop a framework to guide future research into the context and cultural underpinnings of this sub-sample of companies, hypothesising that frequent market capitalisation-induced index changes may divert attention away from any potential compliance issues. On the one hand, our evidence is encouraging for governance regimes based on voluntary compliance disclosures such as the UK and similar European and international markets, as we report partial compliance with the principles of the current governance code. Our research may, however, be helpful in guiding future versions of the UK governance framework and other international governance regimes adopting the ‘comply-or-explain’ approach and in setting policy to improve disclosure. It contributes to the understanding of the specific context of non-domestic companies and any cultural tendencies to non-compliance. By demonstrating evidence of lower levels of compliance with key principles of the Code by non-domestic companies, we present a framework enabling lawmakers to further improve corporate governance codes. (shrink)

Incidental findings and secondary findings, being results that are unrelated to the diagnostic question, are the subject of an important debate in the practice of clinical genomic medicine. Arguments for reporting these results or not doing so typically relate to the principles of autonomy, non-maleficence and beneficence. However, these principles frequently conflict and are insufficient by themselves to come to a conclusion. This study investigates empirically how ethical principles are considered when actually reporting IFs or SFs and how value conflicts (...) are weighed. A qualitative focus group study has been undertaken, including a multidisciplinary group of professionals from Belgian centres for medical genetics. The data were analysed thematically. All eight Belgian centres participated in this study. Ethical values were frequently referred to for disclosure policies on IFs and SFs. Participants invoked respect for patient autonomy to support the disclosure of IFs and opt-out options for IFs and SFs, non-maleficence for the professional delineation of reportable IFs and opt-out options for IFs and SFs and beneficence for the mandatory reporting of actionable IFs, the delineation of reportable IFs and a current decline of actively pursued SFs. Professional assumptions about patients’ genetic literacy were an important factor in the weighing of values. In line with the traditional bioethical discourse, the mandatory reporting of actionable IFs might be interpreted as a “technological, soft paternalism”. Restricting patients’ choices might be acceptable, but then its motives should be valid and its beneficent outcomes highly plausible. Hence, the presuppositions of technological, soft paternalism - patients’ inability to make informed decisions, normative rationality, the efficacy of beneficent outcomes and the delineated spectrum of beneficence - should be approached critically. Moreover, distributive justice should be considered an important value in the delineation of the current scope of the ethical debate on IFs and SFs. This study of guiding values may stimulate the debate on the ethical grounds for a solid policy on IFs and SFs internationally. (shrink)

The present study concerns the issue of meaning in contemporary continental philosophy. In particular, it develops the two accounts of meaning offered by Heidegger and Levinas, each of whom presents us with a differing break from Husserl. As a first attempt to name the difference between these three thinkers, one could say that Husserl gives us an epistemological notion of meaning; whereas Heidegger gives us an ontological account, and Levinas gives us an ethical account. We will refine and reformulate this (...) division in relation to the issues of each chapter. ;We will thus see how both Heidegger and Levinas develop their separate notions in relation to Husserl's own revolutionary approach to the question of meaning. Whereas Husserl both replaced the term "experience" with the term "intuition" and gave a compelling account of the "prepredicative" roots of the meaningful, Heidegger advances the articulation of such a prepredicative realm of meaning even further than Husserl. He did so, however, in a way that ends up displacing Husserl's notion of intuition. This is the move from Husserl's account of phenomenological intuition to Heidegger's own notion of a more hermeneutic phenomenology . ;I will show how Heidegger articulates an account of meaning as that upon which any projection of understanding takes shape. Meaning becomes a quasi-transcendental, non-subjective notion of that which makes possible the disclosure of any "world." Levinas, on the other hand, offers an account of meaning---in intended opposition to Heidegger---as located primarily in the ethical exposure at the heart of language: in the "face-to-face" relation of Same and Other. He further develops his notion of meaning in terms of the notion of the saying and the said. Both Heidegger and Levinas give us a non-intentional account of the meaningful. For Heidegger it takes the form of a non-intentional background that makes possible both the "worldhood of the world" and the possibilities of Dasein . For Levinas, the meaningful is thought in terms of an interpersonal, quasi-ethical face to face relation between persons exposed to the vulnerability, obligation, and height of an "Other" in what he calls the "saying.". (shrink)

The article is devoted to the interpretation of the ontological argument as a theoretical construction that is connected with understanding of the reflexive relationship of thinking and existence. The author concludes that the consistent implementation of this approach requires an appeal to the historically transitory forms of the ontological argument which reconstructs the logic of the evolution of reflexive systems. The ontological argument is considered as a developing theoretical construct. Therefore, theoretical constructs conceptualized as non-classical versions of the ontological (...) argument will constantly re-emerge. Emergence of the first non-classical version of the ontological argument is related to need of overcoming apriority of introduction of the idea of the absolute being which is typical for Cartesianism. This issue was realized in the Kantian doctrine of transcendental ideas, which presented mind as an independent essence that creates its own content. Thus, the metaphysical construction, conditionally referred to as “the moral proof of the existence of God,” is revealed in the paper as a non-classical variant of the ontological argument. However, while Kant could be content with faith in reality of other subjectivity as an object of moral action, Fichte’s scientific doctrine demanded a proof of objective reality of the concept of the other I. This issue was identical to a basic problem of an ontological argument. “The ontological argument of the other I” offered by Fichte was devoid of mysticism as it is indissolubly connected with the disclosure of the social nature of the human subjectivity. The last step in formation of the concept “non-classical version of the ontological argument” was taken in Hegelian philosophy, where the reflexive relations between the multitude of I’s were transformed to reflexive interconnection between God and man. The versions of ontological argument are considered in the paper as necessary stages which any theoretical model of reflexive systems has to pass in its formation. (shrink)

Abstract The purpose of this paper is to empirically analyse the developmental stages of non-financial reporting in corporations, by interpreting the views of interviewees from major ethical corporations on the six major dimensions of non-financial reporting (identified in the literature) within each stage of the five-stage model of non-financial reporting (developed in this paper). This study is part of a series of papers on Triple Bottom Line reporting (TBL), and its relevance to corporate reporting practices. The TBL is perhaps the (...) pioneer for getting corporations thinking about non-financial reporting. While literature has been done extensively on the TBL framework, empirical data linking TBL and how it has helped, or even hindered corporations progressing through different stages in their non-financial reporting processes is missing. In order to facilitate this analysis, 40 interviews were conducted over 1 year, with 40 corporations selected from various sustainability indexes, focusing on corporations that adopt best practices in this area, and also have a TBL approach to non-financial reporting. The results of the analysis show that TBL certainly got corporations started in the journey of non-financial reporting but has not pushed them far enough to develop a more integrated approach to reporting nor clearly aligning their non-financial reporting performance with their financial performance and business strategy. Content Type Journal Article Category Original Paper Pages 1-33 DOI 10.1007/s13520-011-0010-4 Authors Kaushik Sridhar, Macquarie Graduate School of Management, Macquarie University, Sydney, Australia Journal Asian Journal of Business Ethics Online ISSN 2210-6731 Print ISSN 2210-6723. (shrink)

The aim of the study was to determine how the health of people living with Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) is affected by social and structural factors conducive to non-adherence to antiretroviral treatment. In a qualitative study conducted at Victoria Hospital in Alice, a town in the Eastern Cape, South Africa, 23 isiXhosa-speaking participants (including both men and women) between the ages of 18 and 60 years were interviewed. Guided by the social-ecological framework of Bronfenbrenner (1979), (...) which is based on the notion that the health-seeking behaviour of people living with HIV/AIDS (PLWHA) is influenced by their social, institutional and physical environments, the analysis of the data identified the following themes conducive to non-adherence to antiretroviral treatment: food insecurity, financial constraints, poor service from health workers, unfair dismissal, fear of the consequences of disclosure, and rejection by church members. Based on these findings, and given that there is no single model of best practice that can appropriately address the various social and structural factors complicating the treatment of HIV/AIDS and hence the containing of the pandemic, the study suggests the need for not only supportive community initiatives, but a collaborative approach at both local and national level, and particularly in impoverished communities, by the appropriate departments of state to promote adherence to anti-retroviral treatment by making treatment and counselling facilities more accessible to PLWHA and educating communities about the implications and prevention of the disease. (shrink)

According to the Carbon Disclosure Project, the world's largest 100 companies are responsible for 71% of global greenhouse gas emissions since 1988. However, seven years after the adoption of the Paris Agreement, these companies' efforts remain insufficient as they have not significantly altered the dangerous trajectory of greenhouse gas emissions. Current methods used to quantify company‐level emissions offer limited insights, often providing overall scores or evaluating CSR's impact on performance. To address this, we developed a refined methodology focusing on (...) the carbon footprint within the environmental dimension. Our methodology, which is extendable to other companies and regions like the London Stock Exchange or S&P 500, assesses the evolution of CAC 40 companies' carbon footprints relative to their revenues. Comparing their progress to sector peers between 2016 and 2020 allows us to track performance, benchmark against industry standards, and identify areas for improvement. Based on their carbon emissions, we categorized companies as leaders, laggards, or non‐reporters, enabling actionable recommendations. Our findings indicate decreased direct emissions but a concerning trend of increasing indirect emissions, suggesting outsourced carbon footprints within the value chain. This raises suspicions of greenwashing practices, warranting further investigation. (shrink)

There are complex considerations when planning to disclose an attenuated psychosis syndrome diagnosis. In this review, we evaluate ethical, legal, and clinical perspectives as well as caveats related to full, non- and partial disclosure strategies, discuss societal implications, and provide clinical suggestions. Each of the disclosure strategies is associated with benefits as well as costs/considerations. Full disclosure promotes autonomy, allows for the clearest psychoeducation about additional risk factors, helps to clarify and/or correct previous diagnoses/treatments, facilitates early intervention (...) and bolsters communication between providers but there are important considerations involving heritability, comorbidity, culture, and stigma. Non-disclosure advances nonmaleficence by limiting stigma and stress, and confusion in a sensitive developmental period but is complicated by varying patient preferences and the possibility that, as new treatments without adverse effects become available, the risk with false positives no longer justifies the accompanying loss of autonomy. Partial disclosure balances ethical considerations by focusing on symptoms instead of labels, but evidence that laypersons may interpret this information as a pseudo-diagnosis and that symptoms alone also contribute to stigma limits the efficacy of this approach. In addition, there are notable societal considerations relating to disclosure involving conservatorship, the reach of insurance companies, and discrimination. We advocate a hybrid approach to disclosure and recommend future research aimed at understanding the effects of stigma on clinical course and a renewed focus on those help-seeking cases that do not transition but remain clinically relevant. (shrink)

Nocebo effects occur when an adverse effect on the patient arises from the patient's own negative expectations. In accordance with informed consent, providers often disclose information that results in unintended adverse outcomes for the patient. While this may adhere to the principle of autonomy, it violates the doctrine of “primum non nocere,” given that side-effect disclosure may cause those side effects. In this article we build off previous work, particularly by Wells and Kaptchuk and by Cohen :3–11.[Taylor & Francis (...) Online], [Web of Science ®] [Google Scholar]), to suggest ethical guidelines that permit nondisclosure in the case when a nocebo effect is likely to occur on of the basis of nonmaleficence. We accept that that autonomy vis-à-vis informed consent must be forestalled, but salvage much of its role by elaborating a practical clinical approach to postencounter follow-up. In doing so, we reconcile a clinically practicable process of determining conditions of disclosure with long-standing ethical commitments to patients. (shrink)

The issue of genetic inheritance, and particularly the contradictory rights of donors, recipients and donor offspring as to the disclosure of donor identities, is ethically complicated. Donors, donor offspring and parents of donor offspring may appeal to individual rights for confidentiality or disclosure within legal systems based on liberal rights discourse. This paper explores the ethical issues of non-disclosure of genetic inheritance by contrasting two principle models used to articulate the problem—liberal and communitarian ethical models. It argues (...) that whilst the latter provides a more constructive avenue to providing an ethics for donation than the competing and contradictory positions represented in a liberal rights approach, it raises issues of ethical judgement and authority that remain problematic. This ethical discussion is supported by a field study, funded by the Wellcome Trust, exploring the perceptions and experiences of recipients of donor sperm and their partners towards donor anonymity. The field study provides the empirical basis of an argument for making ethical judgements on the grounds of the community good rather than individual rights, that nevertheless recognises that both are inherently problematic. (shrink)

On October 5th, 2017, the New York Times published an article that would establish the #MeToo movement and help millions of women across the globe to raise their voice and share their stories of sexual harassment, aggression and/or violence. If Harvey Weinstein was the main accused, he was, actually, the epitome of a systemic, as well as an endemic, issue that didn’t stop at the studios’ doors and was made possible thanks to a rather surprising and quite unexpected accomplice. In (...) fact, “Hollywood’s open secret” has been well-guarded by, among other things, the contract and its law. In the eyes of a contract law specialist, whether it be a man or a woman, the major highlight of Jodi Kantor and Megan Twohey’s article rests in their ability to have brought to light contracts—the, now, infamous and highly criticised “NDAs” (non-disclosure agreements)—that ensured Weinstein the freedom to buy his victims’ silence. The first goal of this essay is trying to understand, on the one hand, how could that be possible and, on the other hand, explain to a larger audience how a tool usually used for economic and commercial purposes could have been diverted from its traditional use. It also aims to present measures that have been adopted in the United States to fight these agreements, and imagine what could they be in a country such as France. Although these types of “NDAs” don’t seem to find their equivalent in the French public sphere, it is still helpful to ponder over remedies offered by the new French law of contract shall these contracts ever come to exist… or arise. (shrink)

Sometimes medical errors should not be disclosed. We report a case of semen samples exchange, during a homologous artificial insemination procedure, where a bioethics consultation was required. The bioethics consultation addressed ethical and legal elements in play, supporting non-disclosure to some of the subjects involved. Through a proper methodology, gathering factual and juridical elements, a consultant can show when a moral dilemma between values and rights—privacy versus fatherhood, in our case—is unsubstantial, in a given context, because of the groundlessness (...) of the value or the right itself. However, being the error elicited by organizational factors, a broader ethical pronouncement was needed. Under such circumstances, ethical evaluation should engage in a sort of ‘ethical-based root-cause analysis’, linking ethical principles to quality aims and showing the opportunity to integrate ethical methodology in healthcare management. From this perspective, errors may become an incentive to promote high-quality organizations, attending to the central value of person even through the organizational process. (shrink)

Certain truths, such as genetic identity, relationships and medical history are important goods for autonomy. Knowledge about genetic heritage allows children to form a factual narrative identity. Deceit about one's genetic identity can obliterate trust and confidence. This paper seeks to analyse some of the moral issues associated with misattributed paternity.

Apathy and depression are frequently observed as behavioral and psychological symptoms of dementia, respectively, and are important for ensuring adequate care. This study aims to explore effective non-pharmacological interventions for apathy and depression with mild cognitive impairment and dementia. Five search engines including PubMed, Scopus, CINAHL, PsycInfo, and Web of Science were used to extract relevant studies. Inclusion criteria were studies that involved participants who were diagnosed with MCI or dementia, included quantitative assessments of each symptom, and employed randomized controlled (...) trials. Twenty studies were extracted, with interventions have been conducted in care facilities, the community, and hospitals. Participants in many studies had MCI or mild-to-moderate dementia but were not diagnosed with the subtypes of dementia. Few studies had set apathy and depression as the primary outcomes of non-pharmacological interventions. The findings suggested that emotional and stimulation-oriented approaches to apathy and depression would be useful for people with MCI or mild-to-moderate dementia. It would be helpful for therapists to assess the clinical features of the target symptoms for selecting suitable interventions. Additionally, increasing the number of randomized controlled trials focusing on apathy or depression as primary outcomes would offer a more definite conclusion for future systematic reviews. (shrink)

Jones, Kate The quality of communication and the authenticity of interaction are undoubtedly tested in the midst of difficult and challenging circumstances. When patient harm occurs, and health care outcomes fall well below governing best practice standards, the way in which this is managed has a lasting impact on patients and their families. This is true whether or not the problem was due to an error, or a failed plan of treatment, and was unintentional and unforseen.

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

There are two main approaches in the phenomenological understanding of the unconscious. The first explores the intentional theory of the unconscious, while the second develops a non-representational way of understanding consciousness and the unconscious. This paper aims to outline a general theoretical framework for the non-representational approach to the unconscious within the phenomenological tradition. In order to do so, I focus on three relevant theories: Maurice Merleau-Ponty’s phenomenology of perception, Thomas Fuchs’ phenomenology of body memory, and Edmund Husserl’s phenomenology (...) of affectivity. Both Merleau-Ponty and Fuchs understand the unconscious as a “sedimented practical schema” of subjective being in the world. This sedimented unconscious contributes to the way we implicitly interpret reality, fill in the gaps of uncertainty, and invest our social interactions with meaning. Husserl, however, approaches the unconscious in terms of affective non-vivacity, as a sphere of sedimentation and the horizon of the distant past which stays affectively connected to the living present. Drawing on these ideas, I argue that these two accounts can reinforce one another and provide the ground for a phenomenological understanding of the unconscious in terms of the horizontal dimension of subjective experience and a non-representational relation to the past. (shrink)

This book argues against the mainstream view that we should treat propositional attitudes as internal states, suggesting that to treat beliefs as things of certain sort (id est to reify them) is a mistake. The reificatory view faces several problems that the non-reificatory view avoids, and it is argued the non-reificatory view is more faithful to the everyday concept of belief. There are several major reasons why it might be thought that a reificatory approach to mental states is nevertheless (...) unavoidable, but this book attempts to show that none of these reasons is at all convincing; in each case, the evidence is consistent with a non-reificatory view. Having argued that the popularity of the reificatory view is unjustified, the author examines history of psychology and philosophy of mind, and the structure of psychological language, in order to show that this popularity is quite understandable, but mistaken nonetheless. (shrink)

This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: (...) 1) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. (shrink)

Self-reported lost memory of child sexual abuse (CSA) can be mistaken for “repressed memory.” Based on our longitudinal studies of memory and disclosure in child maltreatment victims who are now adults, we discuss findings relevant to “repressed memory cases.” We examined relations between self-report of temporarily lost memory of CSA (subjective forgetting) and memory accuracy for maltreatment-related experiences (objective memory). Across two studies involving separate samples, we find evidence for memory suppression rather than repression: (1) Most adults who claimed (...) temporary lost memory of CSA reported memory suppression and clarified that they could have remembered the event if asked; (2) subjective forgetting was positively associated with accurate objective memory for maltreatment-related experiences. Subjective forgetting was also related to increased adult trauma symptoms and related to childhood non-disclosure of CSA. Moreover, trauma-related psychopathology mediated the relation between non-disclosure and subjective forgetting. Implications for psychological theory and repressed memory cases are discussed. (shrink)

The structure of natural languages is usually studied from three major different but interconnected points of view: syntax, semantics, and pragmatics. If we consider that the main purpose of natural languages is communication, we should consider another dimension for languages, which deals with the influence of internal states of communicating individuals on meanings. Such a dimension we refer to as internalism. Within this context, internalism cannot be confused with psycholinguistics, in the same way pragmatics cannot be confused with sociolinguistics. In (...) particular, we argue, language is tied to its systematic use. This view leads us to a non-realist perspective on linguistics. We analyze the role of natural languages into dialogues, by comparing our proposal to the dialogical approach to logic, which considers a dialogue as a game. Within our approach, there is no way to guarantee that two parties involved in a dialogue are playing the same game, due to unavoidable differences in their respective internal states. Another contribution of this paper is to argue that semantics plays a more fundamental role than syntax in the cognitive acquisition of languages. (shrink)

We present a nonparametric approach to prediction of the n-back n \in {1, 2} task as a proxy measure of mental workload using Near Infrared Spectroscopy (NIRS) data. In particular, we focus on measuring the mental workload through hemodynamic responses in the brain induced by these tasks, thereby realizing the potential that they can offer for their detection in real world scenarios (e.g., difficulty of a conversation). Our approach takes advantage of intrinsic linearity that is inherent in the (...) components of the NIRS time series to adopt a one step regression strategy. We demonstrate the correctness of our approach through its mathematical analysis. Furthermore, we study the performance of our model in an inter-subject setting in contrast with state-of-the-art techniques in the literature to show a significant improvement on prediction of these tasks (82.50% and 86.40% for female and male participants, respectively). Moreover, our empirical analysis suggest a gender difference effect on the performance of the classifiers (with male data exhibiting a higher non-linearity) along with the left-lateralized activation in both genders with higher specificity in females. (shrink)

In medical practice, physicians are often faced with tough ethical and moral dilemmas, one such example is the reoccurring conflict between a patient’s hope and the truth. This paper explores two ethical dilemmas centered on compassion and the reduction of suffering: truth-telling with terminal patients and the clinical use of placebos. In each case the disclosure of truthful information could interfere with hope and suffering relief.

A recently proposed approach to relativistic quantum mechanics is applied to the problem of a particle in a quadratic potential. The methods, both exact and approximate, allow one to obtain eigenstate energy levels and wavefunctions, using conventional numerical eigensolvers applied to Schrödinger-like equations. Results are obtained over a nine-order-of-magnitude variation of system parameters, ranging from the non-relativistic to the ultrarelativistic limits. Various trends are analyzed and discussed—some of which might have been easily predicted, others which may be a bit (...) more surprising. (shrink)

The COVID-19 pandemic has revealed the vulnerability of the US generic drug supply chain to foreign production. Many policies have been proposed to mitigate this vulnerability. In this article, we argue that nonprofit drug manufacturers have the potential to make important contributions.

Philosophers of language are increasingly engaging with derogatory terms or slurs. Only few theorists take such language as a starting point for addressing puzzles in philosophy of language with little connection to our real-world problems. This paper aims to show that the political nature of derogatory language use calls for non-ideal theorising as we find it in the work of feminist and critical race scholars. Most contemporary theories of slurs, so I argue, fall short on some desiderata associated with a (...) non-ideal approach. They neglect crucial linguistic or political aspects of morally and politically significant meaning. I argue that a two-stage project is necessary to understand the perniciousness of slurs: accounting for the derogatory content of derogatory terms in general and, additionally, explaining the communicative function of slurs more specifically. I end by showing how inferentialism is well-suited to account for the content of derogatory terms whilst allowing for further explanations of the communicative functions of slurs. (shrink)

This paper motivates and describes a non-alethic approach to faultless disagreement involving predicates of personal taste. In section 1 I describe problems faced by Sundell's indexicalist approach, and MacFarlane's relativist approach. In section 2 I develop an alternative, non-alethic, approach. The non-alethic approach is broadly expressivist in that it endorses both the negative semantic thesis that simple sentences containing PPTs do not semantically encode complete propositions and the positive pragmatic thesis that such sentences are used (...) to express evaluative mental states. Finally, in section 3 I explain how the non-alethic approach explains faultless disagreement. (shrink)

Orthodoxy has it that language evolution requires Gricean communicative intentions and therefore an understanding of nested metarepresentations. The problem with this orthodoxy is that it is hard to see how non-linguistic creatures could have such a sophisticated understanding of mentality. Some philosophers like Bar-On (The Journal of Philosophy 110 (6): 293-330, 2013a; Mind and Language 28 (3): 342-375, 2013b) have attempted to develop a non-Gricean account of language acquisition building on the information-rich and subtle communicative powers of expressive behaviours. This (...) paper argues that this approach shares a number of instructive similarities with the literature on the cognitive conception of language. It shows how expressive accounts (and others) can learn from insights in that tradition and identifies a problem with the role of intentional actions in expressive accounts that can be solved by understanding expressive behaviours more as cognitive rather than communicative tools. (shrink)

When is commodification acceptable?Preimplantation genetic diagnosis is usually restricted to couples who are eligible for in vitro fertilisation —infertile couples or those with a history of genetic disease. The Human Fertilisation and Embryology Authority in England and the Infertility Treatment Authority in Australia have both given permission for PGD with tissue typing to detect human leucocyte antigen compatibility in order to save an existing sibling with a life threatening condition. The procedure has also been carried out in the United States.1Heavy (...) criticism followed the February 2002 ruling of England’s HFEA to allow a family to try for a child who is free of thalassaemia and a “perfect match” for a sick sibling.2 Then in August …. (shrink)

Do animals have minds? We have known at least since Aristotle that humans constitute one species of animal. And some benighted contemporaries apart, we also know that most humans have minds. To have any bite, therefore, the question must be restricted to non-human animals, to which I shall henceforth refer simply as "animals." I shall further assume that animals are bereft of linguistic faculties. So, do some animals have minds comparable to those of humans? As regards that question, there are (...) two basic stances. Differentialists maintain that there are categorical differences separating us from animals; assimilationists hold that the differences are merely quantitative and gradual (see Brandom 2000, pp. 2–3). This paper only deals with one kind of mental phenomenon, namely intentional states such as believing, desiring, and intending. I shall also refer to these as having thoughts or thinking rather than as "propositional attitudes," since that terminology is misguided. My primary target is a variant of differentialism, namely lingualism. It maintains that animals lack intentional states such as beliefs, desires, and intentions, since, on a priori conceptual grounds, the latter require language. The term "language" is here confined to public languages, notably natural languages, and excludes inner symbolisms such as the language of thought postulated by many cognitive scientists. (shrink)

Do animals have minds? We have known at least since Aristotle that humans constitute one species of animal. And some benighted contemporaries apart, we also know that most humans have minds. To have any bite, therefore, the question must be restricted to non-human animals, to which I shall henceforth refer simply as "animals." I shall further assume that animals are bereft of linguistic faculties. So, do some animals have minds comparable to those of humans? As regards that question, there are (...) two basic stances. Differentialists maintain that there are categorical differences separating us from animals; assimilationists hold that the differences are merely quantitative and gradual (see Brandom 2000, pp. 2–3). This paper only deals with one kind of mental phenomenon, namely intentional states such as believing, desiring, and intending. I shall also refer to these as having thoughts or thinking rather than as "propositional attitudes," since that terminology is misguided. My primary target is a variant of differentialism, namely lingualism. It maintains that animals lack intentional states such as beliefs, desires, and intentions, since, on a priori conceptual grounds, the latter require language. The term "language" is here confined to public languages, notably natural languages, and excludes inner symbolisms such as the language of thought postulated by many cognitive scientists. (shrink)