The Helsinki Declaration is the ‘gold standard’ — a directive, not a law, on how to conduct controlled studies in humans in conformity with ethical principles. In spite of many discussions about their unsuitability some articles have remained unchanged in the most recent (sixth) revision of the Declaration. The demand to use “the best treatment” excludes use of placebo in the control group and presents an obstacle to the scientific evaluation of a number of drugs and treatments in general. The (...) use of placebo is justified whenever its use does not cause irreversible damage or considerable suffering to the well informed patient. It must be, is, and will be used in the controlled clinical trials of treatments of a great number of diseases especially those which have a tendency to spontaneous improvement, even healing, or have a pronounced psychological component. (shrink)

This paper reports a research project on womenlaw professors in the U.K. Despite theirsimilar social and educational backgrounds,successful women legal academics disclosemarked differences in their perceptions of theinfluence of gender on their work identities.Many emphasise the caring and pastoral rolesthey adopt, or are expected to adopt.Organisational cultures also emerge as asignificant factor in determining the genderexperiences of women law professors. The fewwith experience as head of school downplay thesignificance of gender while simultaneouslyacknowledging the influence of genderconstructions and expectations.

This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful in their analysis (...) and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. (shrink)

This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.

It takes courage to characterize feminist writings on tort law as "thin." Indeed, Professor Schwartz in his provocative and challenging article examines feminist writings in a unique and innovative way. In his analysis of a number of such writings, he attempts to demonstrate that they either have not done enough or could have done better. His provocative analysis of many issues invites vigorous discussion. One could write a separate comment on each and every one of the issues he raises; (...) however, I will limit my comment to two: the tension between the "reasonable man" and the "reasonable woman" standard and the duty to rescue rule. It takes courage to characterize feminist writings on tort law as "thin." Indeed, Professor Schwartz in his provocative and challenging article examines feminist writings in a unique and innovative way. In his analysis of a number of such writings, he attempts to demonstrate that they either have not done enough or could have done better. His provocative analysis of many issues invites vigorous discussion. One could write a separate comment on each and every one of the issues he raises; however, I will limit my comment to two: the tension between the "reasonable man" and the "reasonable woman" standard and the duty to rescue rule. (shrink)

In a recent article, Neil MacGill criticizes my claim (See "Water Into Wine", MacGill-Queen’s University Press, 1988) that miracles, understood as a transcendent agent overriding the usual course of nature, can conceivably occur without violating or suspending any of the laws of nature. MacGill feels that my account of miracles implies the violation of at least one law of nature, the Principle of the Conservation of Energy. In my reply, I point out that he is mistaken and that my original (...) claim has not, therefore, been refuted. (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. -/- (...) Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

Books and articles are written with titles like The Last Professors and The End of the University. Of course these headings should not be taken literally. What they indicate are deep changes in the nature of the university and in the understanding of what is a professor. They also demonstrate a profound malaise, especially - but not only-among academics in the Humanities. In this brief paper an attempt is made to understand what is happening. Universities have been changing from (...) institutions dedicated to specific "ends in themselves" into organizations geared towards the production of specific forms of outcome or product. Professors have become professionals in the service of such organizations. It is argued that these changes produce effects which pervert the internal aims of university teaching and research. They originate in a wider cultural, quasi-religious belief in mastery and control. (shrink)

Gordon Dunstan was a priest who made an outstanding contribution to the study of medical ethics and whose work was recognised by four of the medical royal colleges of which he was made Fellow.He was the leading English moral theologian of his time, committed to the multidisciplinary discussion of issues raised by the practice of medicine. His non-partisan approach, his incisively analytical mind, and his attention to the facts, enabled him to collaborate with a wide cross-section of clinicians and research (...) scientists: and his respect for their professionalism was fully reciprocated.He argued persuasively that medical ethics must be shown to have an autonomy of its own and held that the concept of Natural Law was a necessary tool in discerning the moral consequences of advances in medicine.Dunstan gained a First in History at the University of Leeds in 1938 and was awarded an MA with distinction in 1939. He trained for the priesthood at the Mirfield Fathers’ College of the Resurrection and was ordained in 1941. After two curacies, he proceeded to his first academic appointment as Subwarden of St Deiniol’s Library, Hawarden, a post he held until 1949, when he …. (shrink)

Consider a familiar case. A sign reads, “No vehicles in the park.” A man in the park has a heart attack. An ambulance is needed. Does its entry violate the rule? Most people would say that the rule was not meant to apply to needed ambulances. It would not make any difference if the rule read, “No vehicles whatsoever in the park.” The purpose of any rule against vehicles would not be served by a flat prohibition of ambulances. Consider a (...) second case. A child comes to the park on a tricycle. Is he barred from entering? A tricycle is a vehicle. But is it the kind of vehicle the author of the sign had in mind? He may only have wanted to preserve the park from fast or noisy vehicles. The purpose of the rule again becomes crucial. Is the purpose to maintain quiet and security, or is the purpose to assure absolute tranquility? The prohibition of the tricycle will depend on what purpose is accepted. (shrink)

The interplay of academics and judges is highly relevant for the law-making process in civil law countries. The intention of this article is to provide a brief account of the present-day relationship between academics and judges in Italy, while also taking account of the continental historical experience. In addressing this theme, the article will take its cue from developments in England—during the past three decades—where the monologue of academics and judges has been slowly developing into an ever more intensive and (...) transparent dialogue. It is from these events that the analysis departs in an attempt to question the current situation in Italy. (shrink)

This book traces the growth of philosophical justifications of toleration. The contributors discuss the grounds on which we may be required to be tolerant and the proper limits of toleration. They consider the historical and conceptual relation between toleration and scepticism and ask whether toleration is justified by considerations of autonomy or of prudence. The papers cover a range of perspectives on the subject, including Marxist and Socialist as well as liberal views. The editor's introduction prepares the ground by discussing (...) the essential features of the subject and offers a lucid survey of the theories and arguments put forward in the book. The collection arises out of the Morrell Toleration Project at the University of York and all the papers were written as contributions to that project. The discussion will be of interest to specialists in philosophy, in political and social theory and in intellectual history. (shrink)

A distinction is made between moral indoctrination and instruction in ethics. It is argued that the legitimate and important field of computer ethics should not be permitted to become mere moral indoctrination. Computer ethics is an academic field in its own right with unique ethical issues that would not have existed if computer technology had not been invented. Several example issues are presented to illustrate this point. The failure to find satisfactory non-computer analogies testifies to the uniqueness of computer ethics. (...) Lack of an effective analogy forces us to discover new moral values, formulate new moral principles, develop new policies, and find new ways to think about the issues presented to us. For all of these reasons, the kind of issues presented deserve to be addressed separately from others that might at first appear similar. At the very least, they have been so transformed by computing technology that their altered form demands special attention. (shrink)

This paper provides examples drawn from the author’s experience that support the conclusion that errors and deceptions in archival science are often not easily or quickly corrected. The difficulty in correcting errors and deceptions needs wider recognition if it is to be overcome. In addition, the paper discusses how subtle abuses introduce errors into the archival literature.

. The author analyses Ronald Dworkin's ideas about legal theory and legal philosophy, with particular regard to metatheoretical and methodological problems. He focuses on the questions of the function and the object of jurisprudence, and on those of the content and method of argumentation of jurisprudence. According to the author, Dworkin's theory is a normative theory, an ideology referred to the judicial practice. Although judges really make law, one can deny that they do. This strategy is the one judges traditionally (...) employ when they say that they are merely applying the law‐giver's intentions or fundamental principles that existed long before the case they have to decide. It is that discourse, not rights, that Dworkin takes seriously. (shrink)

The idea that reasoning is a singular accomplishment of the human species has an ancient pedigree.Yet this idea remains as controversial as it is ancient. Those who would deny reasoning to nonhuman animals typically hold a language-based conception of inference which places it beyond the reach of languageless creatures. Others reject such an anthropocentric conception of reasoning on the basis of similar performance by humans and animals in some reasoning tasks, such as transitive inference. Here, building on the modal similarity (...) theory of Vigo [J Exp Theor Artif Intell, 2008 (in press)], we offer an account in which reasoning depends on a core suite of subsymbolic processes for similarity assessment, discrimination, and categorization. We argue that premise-based inference operates through these subsymbolic processes, even in humans. Given the robust discrimination and categorization abilities of some species of nonhuman animals, we believe that they should also be regarded as capable of simple forms of inference. Finally, we explain how this account of reasoning applies to the kinds of transitive inferences that many nonhuman animals display. (shrink)

I argue that considerations about computational complexity show that all finite agents need characteristics like those that have been called epistemic virtues. The necessity of these virtues follows in part from the nonexistence of shortcuts, or efficient ways of finding shortcuts, to cognitively expensive routines. It follows that agents must possess the capacities – metavirtues –of developing in advance the cognitive virtues they will need when time and memory are at a premium.

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

It was a great privilege to know Professor Charity Scott. I first met her when I was finishing Emory University’s joint law and public health program in the early 2000s, through the Office of General Counsel at the U.S. Centers for Disease Control (CDC), in the early days of CDC’s Public Health Law Program, now the Office of Public Health Law Services. In those days, introductions were generous and frequent for excited students beginning their careers, but meeting Professor (...) Scott made an impression on me. She was the first and only female health law professor in the field that I had the opportunity to know in the early years of my career. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of ‘democratic centralism’ shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

Keynes always intended to write 'footnotes' to his masterwork _The General Theory_, which would take account of the criticisms made of it and allow him to develop and refine his ideas further. However, a number of factors combined to prevent him from doing so before his death in 1946. A wide range of Keynes scholars - including James Tobin, Paul Davidson and Lord Skidelsky - have written here the 'footnotes' that Keynes never did.

This paper addresses, and seeks to correct, some frequent misunderstandings concerning the claim that science is socially constructed. It describes several features of scientific inquiry that have been usefully illuminated by constructivist studies of science, including the mundane or tacit skills involved in research, the social relationships in scientific laboratories, the causes of scientific controversy, and the interconnection of science and culture. Social construction, the paper argues, should be seen not as an alternative to but an enhancement of scientists’ own (...) professional understanding of how science is done. The richer, more finely textured accounts of scientific practice that the constructivist approach provides are potentially of great relevance to public policy. (shrink)

This essay explores the issue of the moral rights of engineers. An historical case study is presented in which an accomplished, loyal, senior engineer was apparently wronged as a result of actions taken by his employer in pursuit of legitimate business interests. Belief that the engineer was wronged is justified by showing that what happened to him violated what can validly be termed one of his moral rights as an engineer: the right to reputational fairness. It is then argued that, (...) this right notwithstanding, under certain circumstances it is morally permissible for employers to override it. The paper concludes by identifying two complementary facets of this right, discussing its scope, and indicating what is required of employers obliged to respect it in two types of action contexts. (shrink)

If one interprets the ‘ecology of technology’ as the study of technology in relation to its environment, there are two important levels at which this study can be made. It is possible to consider the different environments in Europe, Japan and the USA, and look for the different technological influences which accompany them. At a more general level, one can look at those factors which are common to all three environments, and which are associated with generic similarities in the technology (...) of all three areas.The paper considers both aspects as they have been experienced in Europe in some attempts to develop a ‘human-centred technology’. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Engineers and scientists, whose professional responsibilities often influence the natural environment, have sought to develop an environmental ethic that will be in tune with their attitudes toward the non-human environment, and that will assist them in decision making regarding questions of environmental quality. In this paper the classical traditions in normative ethics are explored in an attempt to formulate such an environmental ethic. I conclude, however, that because the discipline of ethics is directed at person-person interactions, ethics as a scholarly (...) discipline does not help us understand how we ought to treat non-human nature. We therefore cannot look to ethics as a source for understanding our attitudes and for providing guidance to our actions with regard to the environment. To do so is to ask too much of ethics.If we are to find an acceptable environmental morality, it must come from a new paradigm. One approach might be to understand our attitudes on the basis of spirituality, modeled after animistic religions. (shrink)

This four-volume collection covers the organization, financing and regulation of health care systems in four distinct contexts: financing and delivering health care, reforming health care systems, new forms of health system, and rethinking health care systems. A general introduction provides a review of the collection as a whole, and individual introductions set the context for each volume, providing a unique and valuable resource for student and scholar alike.

The authors develop an analysis of education. They show how education carries an essentially arbitrary cultural scheme which is actually based on power. More widely, the reproduction of culture through education is shown to play a key part in the reproduction of the whole social system.

Georgia State University College of Law Professor Emerita Charity Scott quoted these words from Albert Einstein in June of 2022 as she concluded a tribute to Professor Joseph (Jay) M. Healey, one of the founding lights of health law and health law teaching. She chose the quote because she thought the words and sentiment would resonate with Jay. I repeat it because Dr. Einstein’s words capture the essence and heart of Charity’s approach to teaching, pedagogy, and life. Charity (...) modeled, urged, nudged, and taught the community of health law professors to embrace imagination and creativity. Charity’s vision has helped us be more creative and reflective teachers.2. (shrink)

The use of role-playing (“active learning”) as a teaching tool has been reported in areas as diverse as social psychology, history and analytical chemistry. Its use as a tool in the teaching of engineering ethics and professionalism is also not new, but the approach develops new perspectives when used in a college class of exceptionally wide cultural diversity. York University is a large urban university (40,000 undergraduates) that draws its enrolment primarily from the Greater Toronto Area, arguably one of the (...) most culturally diverse cities in the world, embracing the largest percentage of Canada’s immigration. Among the area’s five million inhabitants, 50% identify themselves as a visible minority born outside Canada, while over 100 languages and dialects are spoken daily. Although students admitted from this international pool have usually been exposed to western attitudes during secondary education and are rapidly assimilated into Canadian culture, responses to specific ethical issues are strongly influenced by their prior culture. Two and three-part scripts for case studies based on NSF or original scenarios were written to illustrate issues such as gifts, attitudes towards women and ethnic minorities, conflict of interest, whistle-blowing, sexual harassment, individual rights, privacy, environment, intellectual property, and others. Following the presentation, the actors lead group discussion based on previously specified questions. Once the initial shyness and reluctance of some cultures has been overcome through the building of rapport, students have written original scripts based on hypothetical or prior personal situations. The method is now being adopted in a short course format to assist the professional integration of foreign trained engineers. (shrink)

The limits of Taylorism are alive and well in today's manufacturing systems. Automation does have to constrain human ability creativity, judgement and skill, and undermine human dignity. The paper presents an interactive concept of manufacturing. “Human-Oriented Manufacturing Systems” (HOMS), which aims to achieve high flexibility and quality of production while creating an environment for happy working and joyful living.

SIRA conference of philosophy of medicine in Crakow, August 2000, offered the opportunity to visit Auschwitz—an offer reluctantly accepted by the author who had two decades ago, spent some months in Israel, cried at Dachau, treated many holocaust survivors, and counts among close friends and colleagues persons profoundly affected by Auschwitz and associated activities. Surely, the visit would be simply a mark of respect, and an episode of further personal grieving maybe, but not enlightenment. This was not the case.The lasting (...) impression has been that of the dangers of efficiency as a value in itself, the inadequacy of outcome measures if the array is incomplete, and the need for clear articulation not only of goals, but …. (shrink)

This new edition of a classic study contains a specially written preface evaluating contemporary feminist criticism.