Loi recently proposed a libertarian right to direct to consumer genetic testing — independent of autonomy or utility—reflecting Cohen’s work on self-ownership and Hohfeld’s model of jural relations. Cohen’s model of libertarianism dealt principally with self-ownership of the physical body. Although Loi adequately accounts for the physical properties of DNA, DNA is also an informational substrate, highly conserved within families. Information about the genome of relatives of the person undergoing testing may be extrapolated without requiring direct engagement with their personal (...) physical copy of the genome, triggering rights and interests of relatives that may differ from the rights and interests of others, that is, individual consumers, testing providers and regulators. Loi argued that regulatory interference with exercise of the right required justification, whereas prima facie exercise of the right did not. Justification of regulatory interference could include ‘conflict with other people’s rights’, ‘aggressive’ use of the genome and ‘harming others’. Harms potentially experienced by relatives as a result of the individual’s exercise of a right to test include breach of genetic privacy, violation of their right to determine when, and if, they undertake genetic testing and discrimination. Such harms may justify regulatory intervention, in the event they are recognised; motives driving ‘aggressive’ use of the genome may also be relevant. Each of the above criteria requires clarification, as potential redundancies and tensions exist between them, with different implications affecting different groups of rights holders. (shrink)

We appreciate the opportunity to present some further thoughts on the libertarian right to test initially proposed by Loi, and hope these additional comments will further inform debate about this critical emerging technology. Loi’s important argument is that individuals possess a prima facie libertarian right to test their genomes and that regulatory intervention restricting genetic testing must be justified by those proposing regulation. Our position is that the onus of justifying regulation is reversed. The risk to others whose genomic information (...) is shared with the individual is potentially significant enough to warrant prima facie regulatory intervention, including protection against misuse of genetic information derived from those tests, not just against the individual tested but also against those who for reasons of common familial ancestry are also susceptible to misuse. Testing an individual’s genome does not merely reveal information about that individual; it reveals, or renders reasonably inferable, information about the genomes of close relatives due to the commonality of genomic DNA within families. Such commonality is not merely ‘incidentally identical’: it is instead inevitable given the shared nature of genomic DNA sequences within families. ‘Incidental identity’ may appropriately describe the statistical possibility of two unrelated individuals in the human …. (shrink)

Shifts in the philosophy of the “state” and a growing emphasis on the “Big Society” have placed an increasing onus on a newly emerging organizational form, social enterprises, to deliver innovative solutions to ease societal issues. However, the question of how social enterprises manage the process of social innovation remains largely unexplored. Based on insights from both in-depth interviews and a quantitative empirical study of social enterprises, this research examines the role of stakeholder relationships in supporting the process of social (...) innovation within social enterprises. We find that social enterprises are adept at working with their stakeholders in the ideation stage of social innovation. In contrast, they often fail to harness knowledge and expertise from their partners during the social innovation implementation phase. Consequently, we propose a social innovation–stakeholder relationship matrix that provides social enterprises in particular with insight for developing stakeholder relationships to achieve their social innovation missions. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S72-S78, March‐April 2022.

This book is a call to educators everywhere to recognize and resist the global forces which are driving educational policy deeper and deeper into narrow discourses of performance, accountability and e~certaintiese(tm) about what works.

Drawing on rich cross-cultural perspectives from Pakistan, Israel, Canada, the US and the UK, the authors challenge readers to envision new ways of thinking for education: ways which draw on imagination, the arts and the collective ...

The COVID‐19 pandemic has placed extraordinary stress on frontline healthcare providers as they encounter significant challenges and risks while caring for patients at the bedside. This study used qualitative research methods to explore nurses and respiratory therapists' experiences providing direct care to COVID‐19 patients during the first surge of the pandemic at a large academic medical center in the Northeastern United States. The purpose of this study was to explore their experiences as related to changes in staffing models and to (...) consider needs for additional support. Twenty semi‐structured interviews were conducted with sixteen nurses and four respiratory therapists via Zoom or by telephone. Interviews were transcribed verbatim, identifiers were removed, and data was coded and analyzed thematically. Five major themes characterize providers' experiences: a fear of the unknown, concerns about infection, perceived professional unpreparedness, isolation and alienation, and inescapable stress and distress. This manuscript analyzes the relationship between these themes and the concept of moral distress and finds that some, but not all, of the challenges that providers faced during this time align with previous definitions of the concept. This points to the possibility of broadening the conceptual parameters of moral distress to account for providers' experiences of treating patients with novel illnesses while encountering institutional and clinical challenges. (shrink)

Reading fiction for pleasurable is robustly correlated with improved cognitive attainment and other benefits. It is also in decline among young people in developed nations, in part because of competition from moving image fiction. We review existing research on the differences between reading/hearing verbal fiction and watching moving image fiction, as well as looking more broadly at research on image/text interactions and visual versus verbal processing. We conclude that verbal narrative generates more diverse responses than moving image narrative., We note (...) that reading and viewing narrative are different tasks, with different cognitive loads. Viewing moving image narrative mostly involves visual processing with some working memory engagement, whereas reading narrative involves verbal processing, visual imagery and personal memory (Xu et al 2005). but Attempts to compare the two by creating suggest that existing research is flawed by attempts to create equivalent stimuli and task demands face a number of challenges, and we discuss these difficulties in comparative approaches. We then investigate the possibility of identifying lower level processing mechanisms that might distinguish cognition of the two media, and propose a focus on internal scene construction and on working memory as foci for future research. Although many of the sources we draw on are focussed on English speaking participants in European or North American settings, we also cover material relating to speakers of Dutch, German, Hebrew and Japanese in their respective countries, and studies of a remote Turkish mountain community. (shrink)

This article discusses how advocacy can be taught to both law and public health students, as well as the role that public health law faculty can play in advocating for public health. Despite the central role that advocacy plans in translating public health research into law, policy advocacy skills are rarely explicitly taught in either law schools or schools of public health, leaving those engaged in public health practice unclear about whether and how to advocate for effective policies. The article (...) explains how courses in public health law and health justice provide ideal opportunities to teach advocacy skills, and it discusses the work of the George Consortium, which seeks to engage public health law faculty in advocacy efforts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 42, no. 3. © 2016 by Feminist Studies, Inc. 689 Elizabeth Jean Hornbeck Who’s Afraid of the Big Bad Wolf?: Domestic Violence in The Shining At first glance, Stanley Kubrick’s 1980 film The Shining seems to be a straightforward Gothic horror film. It starts with the Torrance family— Jack, Wendy, and Danny—moving from their Boulder, Colorado, apartment into the Overlook Hotel, where Jack (Jack Nicholson) (...) has accepted a job as the winter caretaker. By the film’s climax, an axe-wielding Jack says to his terrified wife and son (Shelley Duvall and Danny Lloyd), through the door to the bathroom where they are hiding, “Little pigs, little pigs, let me come in. Not by the hair on your chinny chin chin? Then I’ll huff and I’ll puff and I’ll blow your house in!”1 Jack assumes the role of the Big Bad Wolf, the nightmarish, predatory beast of fairy tales. These lines, along with Nicholson’s exaggerated performance as a crazed killer, parody the Gothic horror genre and slasher films and even children ’s fairy tales in what is, at its core, a story about domestic violence. In both Kubrick’s film and Stephen King’s 1977 novel, from which the film was adapted, the Gothic genre becomes a vehicle for a serious tale about violence within the family. The “discovery” of child abuse in the 1960s, “the creation of the wife-beating problem” in the 1970s, and 1. The Shining, directed by Stanley Kubrick (1980; Warner Home Video, 2007), DVD. The line is from the fairytale of The Three Little Pigs. Geoffrey Cocks discusses the sources and ramifications of the fairytale in The Wolf at the Door: Stanley Kubrick, History and the Holocaust (New York: Peter Lang Publishing, Inc., 2004), 33–38. 690 Elizabeth Jean Hornbeck the feminist movement allowed viewers to perceive domestic violence with a new level of understanding.2 It is my contention that The Shining comments on domestic violence in a way that has been mostly overlooked by critics. While most analyses of both the novel and the film have come from literary and cinema studies perspectives, I offer a sociological approach focused on the profound effect of changing social mores on cultural production. I draw also on feminist and queer theorizing of audience identification, gender, and erotic pleasure in horror films to explain the significant contributions made by King, Kubrick, Duvall, and screenwriter Diane Johnson to the film’s intervention in US public discourse about domestic violence.3 The first scholar who argued that Kubrick’s film is essentially a domestic abuse narrative was James Hala, who based his analysis on a close reading of critical reviews of the film and a discussion of the performances, with no reference to its social, political, or historical context.4 But it is important to note that both the novel and the film came at the end of a decade when the recognition of domestic violence as a social problem was still relatively new. Sociologists and the medical and legal professions did not take “wife beating” seriously until the mid-1970s, when the women’s movement brought public attention to spousal abuse.5 2. Kathleen J. Tierney, “The Battered Women Movement and the Creation of the Wife Beating Problem,” Social Problems 29, no. 3 (1982): 207–20; Stephen J. Pfohl, “The ‘Discovery’ of Child Abuse,” Social Problems 24, no. 3 (1977): 310–23. 3. The theoretical works that I have drawn on most heavily are Carol J. Clover, Men, Women, and Chain Saws: Gender in the Modern Horror Film (Princeton, NJ: Princeton University Press, 1992); and David Greven, Representations of Femininity in American Genre Cinema: The Woman’s Film, Film Noir, and Modern Horror (New York: Palgrave Macmillan, 2011). 4. James Hala, “Kubrick’s The Shining: The Specters and the Critics,” in The Shining Reader, ed. Anthony Magistrale (Mercer Island, WA: Starmont House, 1990), 203–16. 5. In 1976, a national survey reported that “at least 1.8 million American women are severely beaten in their own homes every year.” Murray A. Straus, et al., Behind Closed Doors: Violence in the American Family, as cited in “‘The Burning Bed’: TV... (shrink)

_A Communion of Subjects_ is the first comparative and interdisciplinary study of the conceptualization of animals in world religions. Scholars from a wide range of disciplines, including Thomas Berry (cultural history), Wendy Doniger (study of myth), Elizabeth Lawrence (veterinary medicine, ritual studies), Marc Bekoff (cognitive ethology), Marc Hauser (behavioral science), Steven Wise (animals and law), Peter Singer (animals and ethics), and Jane Goodall (primatology) consider how major religious traditions have incorporated animals into their belief systems, myths, rituals, and (...) art. Their findings offer profound insights into humans' relationships with animals and a deeper understanding of the social and ecological web in which we all live. Contributors examine Judaism, Christianity, Islam, Hinduism, Buddhism, Jainism, Daoism, Confucianism, African religions, traditions from ancient Egypt and early China, and Native American, indigenous Tibetan, and Australian Aboriginal traditions, among others. They explore issues such as animal consciousness, suffering, sacrifice, and stewardship in innovative methodological ways. They also address contemporary challenges relating to law, biotechnology, social justice, and the environment. By grappling with the nature and ideological features of various religious views, the contributors cast religious teachings and practices in a new light. They reveal how we either intentionally or inadvertently marginalize "others," whether they are human or otherwise, reflecting on the ways in which we assign value to living beings. Though it is an ancient concern, the topic of "Religion and Animals" has yet to be systematically studied by modern scholars. This groundbreaking collection takes the first steps toward a meaningful analysis. (shrink)

Lloyd (2009) contends that climate models are confirmed by various instances of fit between their output and observational data. The present paper argues that what these instances of fit might confirm are not climate models themselves, but rather hypotheses about the adequacy of climate models for particular purposes. This required shift in thinking—from confirming climate models to confirming their adequacy-for-purpose—may sound trivial, but it is shown to complicate the evaluation of climate models considerably, both in principle and in practice.

In recent years, the concept ‘post‐feminism’ and its links to neoliberal economic structures and to the extreme reinforcement of individualization as raison d'etre of Western civilization have been discussed at length by numerous distinguished scholars in feminist cultural studies and feminist philosophy. This article takes its point of departure in this discussion. Drawing on Wendy Brown, Elizabeth Grosz, Angela McRobbie, Wendy Larner, and others, the text is examining the discourse of post‐feminism and neoliberalism, and its effects on (...) overarching political scenarios, as well as on everyday life: What happens to feminist politics when the collective, both as figuration and as virtual political platform, is deemed to be something situated in the discursive outskirts? By drawing on examples form the contemporary cultural imaginaries, from popular culture, economic structures, and public debate, and by pointing out the links between the micro‐perspective of our everyday living and overarching political structures, this article aims at bringing to the fore and critically discuss these issues, and the ways in which they intersect with contemporary Western feminism. The article ends with a discussion of possible points of exit or paths to follow in order to find alternatives. (shrink)

COVID-19 has created significant concern surrounding the impact of pandemic lockdown on mental health. While the pandemic lockdown can be distressing, times of crisis can also provide people with the opportunity to think divergently and explore different activities. Novelty seeking, where individuals explore novel and unfamiliarly stimuli and environments, may enhance the creativity of individuals to solve problems in a way that allows them to adjust their emotional responses to stressful situations. This study employs a longitudinal design to investigate changes (...) in novelty seeking and mental health outcomes before, during, and after COVID-19 pandemic lockdown, among a group of students from a university in southeast China. Participants were surveyed at three points: November, 2019 ; between February and March, 2020 ; and between May and June, 2020. Cross-sectionally, correlation analysis indicated that greater novelty seeking was associated with lower levels of stress, anxiety, and depression at all three time points. Univariate latent curve modeling indicated a growth trajectory in which novelty seeking increased over time and then remained high during the post-lockdown period. Stress, anxiety, and depression all showed V-shaped growth trajectories in which these variables decreased during lockdown, before increasing in the post-lockdown period. Multivariate LCM indicated the growth trajectory for novelty seeking was associated with the growth trajectories for stress, anxiety, and depression. This suggests that the observed decreases in stress, anxiety, and depression during the lockdown period may be attributable to the sample’s observed increase in novelty seeking. These findings are valuable in that they challenge the notion that lockdown measures are inherently detrimental to mental health. The findings indicate the important role of novelty seeking in responding to crises. It may be possible for future public health measures to incorporate the promotion of novelty seeking to help individuals’ respond to stressful situations and maintain good mental health in the face of crises. (shrink)

According to an adequacy-for-purpose view, models should be assessed with respect to their adequacy or fitness for particular purposes. Such a view has been advocated by scientists and philosophers...

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether (...) one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

In recent years, there has been a rapid growth in the use of autologous stem cell-based interventions to treat a wide range of medical conditions, including those for which there is limited evidence of safety and efficacy. One justification for this growth in the use of unproven interventions is that clinicians should be free to innovate, as long as consumers are adequately informed about risks and benefits. In this essay, we systematically refute the strong claim that consumer and clinician autonomy (...) provide sufficient justification for clinical innovation with autologous stem cells. While we do not deny the importance of consumer and clinician autonomy, we argue that equal consideration needs to be given... (shrink)

On the 24th June 2015, Feminist Legal Studies and the London School of Economics Law Department hosted an afternoon event with Professor Wendy Brown, Class of 1936 First Professor of Political Science, University of California. Professor Brown kindly agreed to discuss her scholarship on feminist theory, and its relationship to both the law and neoliberalism. The event included an interview by Dr Katie Cruz and a Q&A session, which are presented here in an edited version of the transcript. Sumi (...) Madhock, Professor of Gender Studies, LSE chaired the interview and discussion and introduced Professor Brown’s work. Katie Cruz asked Wendy Brown to reflect upon topics that span her scholarship and activism, including the state of critical, feminist, and Left approaches to rights, neoliberalism, despair and utopianism, and the future of feminist theory and practice in the context of neoliberalism and current debates about intersectionality. Participants in the discussion asked questions on a wide range of issues, including the limits of feminist engagement with law as a tool for social change, the dominance of neoliberalism, imperialist feminism, Islamophobia, secularism, and our attachment to the figure of homo politicus. (shrink)

Low-income women and, disproportionately low-income women of color seeking reproductive and pregnancy care are increasingly subject to what this article terms carceral care – care compromised by its’ proximity to punishment systems. This article identifies the legal and health care practice mechanisms leading to carceral care and proposes solutions designed to stop criminalization at the bedside.

This article identifies conditions under which robust predictive modeling results have special epistemic significance---related to truth, confidence, and security---and considers whether those conditions hold in the context of present-day climate modeling. The findings are disappointing. When today’s climate models agree that an interesting hypothesis about future climate change is true, it cannot be inferred---via the arguments considered here anyway---that the hypothesis is likely to be true or that scientists’ confidence in the hypothesis should be significantly increased or that a claim (...) to have evidence for the hypothesis is now more secure. (shrink)

Wendy Brown's work commands widespread attention and respect, and there has been considerable interest as to how it would develop after "States of Injury." This book will not disappoint.

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

I introduce a distinction between general and local model-data symbiosis and offer three examples of local symbiosis in the fields of meteorology and climate science. Local model-data symbiosis ref...

Once a term used primarily by moral philosophers, “moral distress” is increasingly used by health professionals to name experiences of frustration and failure in fulfilling moral obligations inherent to their fiduciary relationship with the public. Although such challenges have always been present, as has discord regarding the right thing to do in particular situations, there is a radical change in the degree and intensity of moral distress being expressed. Has the plight of professionals in healthcare practice changed? “Plight” encompasses not (...) only the act of pledging, but that of predicament and peril. The author claims that health professionals are increasingly put in peril by healthcare reform that undermines their efficacy and jeopardizes ethical engagement with those in their care. The re-engineering of healthcare to give precedence to corporate and commercial values and strategies of commodification, service rationing, streamlining, and measuring of “efficiency,” is literally demoralizing health professionals. Healthcare practice needs to be grounded in a capacity for compassion and empathy, as is evident in standards of practice and codes of ethics, and in the understanding of what it means to be a professional. Such grounding allows for humane response to the availability of unprecedented advances in biotechnological treatments, for genuine dialogue and the raising of difficult, necessary ethical questions, and for the mutual support of health professionals themselves. If healthcare environments are not understood as moral communities but rather as simulated marketplaces, then health professionals’ moral agency is diminished and their vulnerability to moral distress is exacerbated. Research in moral distress and relational ethics is used to support this claim. (shrink)

An utterer may convey a message to her intended audience by means of an explicit statement; or by a non‐conventionally mediated one‐off signal from which the audience is able to work out the intended message; or by conversational implicature. I investigate whether the last two are equivalent to explicit testifying, as communicative act and epistemic source. I find that there are important differences between explicit statement and insinuation; only with the first does the utterer assume full responsibility for the truth (...) of what she communicates to her audience. (shrink)

Unable to answer the call of our patients: mental health nurses’ experience of moral distress When health practitioners’ moral choices and actions are thwarted by constraints, they may respond with feelings of moral distress. In a Canadian hermeneutic phenomenological study, physicians, nurses, psychologists and non‐professional aides were asked to identify care situations that they found morally distressing, and to elaborate on how moral concerns regarding the care of patients were raised and resolved. In this paper, we describe the experience of (...) moral distress related by nurses working in mental healthcare settings who believed that lack of resources (such as time and staff) leads to dispiritedness, lack of respect, and absence of recognition (for both patients and staff) which severely diminished their ability to provide quality care. The metaphors of flashlight and hammer are used to elaborate nurses’ possible responses to intolerable situations. (shrink)

We invoke the ideal of tolerance in response to conflict, but what does it mean to answer conflict with a call for tolerance? Is tolerance a way of resolving conflicts or a means of sustaining them? Does it transform conflicts into productive tensions, or does it perpetuate underlying power relations? To what extent does tolerance hide its involvement with power and act as a form of depoliticization? Wendy Brown and Rainer Forst debate the uses and misuses of tolerance, an (...) exchange that highlights the fundamental differences in their critical practice despite a number of political similarities. Both scholars address the normative premises, limits, and political implications of various conceptions of tolerance. Brown offers a genealogical critique of contemporary discourses on tolerance in Western liberal societies, focusing on their inherent ties to colonialism and imperialism, and Forst reconstructs an intellectual history of tolerance that attempts to redeem its political virtue in democratic societies. Brown and Forst work from different perspectives and traditions, yet they each remain wary of the subjection and abnegation embodied in toleration discourses, among other issues. The result is a dialogue rich in critical and conceptual reflections on power, justice, discourse, rationality, and identity. (shrink)

Tolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents. Dislike, disapproval, and regulation lurk at the heart of tolerance. To tolerate is not to (...) affirm but to conditionally allow what is unwanted or deviant. And, although presented as an alternative to violence, tolerance can play a part in justifying violence--dramatically so in the war in Iraq and the War on Terror. Wielded, especially since 9/11, as a way of distinguishing a civilized West from a barbaric Islam, tolerance is paradoxically underwriting Western imperialism. Brown's analysis of the history and contemporary life of tolerance reveals it in a startlingly unfamiliar guise. Heavy with norms and consolidating the dominance of the powerful, tolerance sustains the abjection of the tolerated and equates the intolerant with the barbaric. Examining the operation of tolerance in contexts as different as the War on Terror, campaigns for gay rights, and the Los Angeles Museum of Tolerance, Brown traces the operation of tolerance in contemporary struggles over identity, citizenship, and civilization. (shrink)

Concern for human vulnerability seems to be at the heart of bioethical inquiry, but the concept of vulnerability is under-theorized in the bioethical literature. The aim of this article is to show why bioethics needs an adequately theorized and nuanced conception of vulnerability. We first review approaches to vulnerability in research ethics and public health ethics, and show that the bioethical literature associates vulnerability with risk of harm and exploitation, and limited capacity for autonomy. We identify some of the challenges (...) emerging from this literature: in particular, how to reconcile universal human vulnerability with a context-sensitive analysis of specific kinds and sources of vulnerability; and how to reconcile obligations to protect vulnerable persons with obligations to respect autonomy. We then briefly survey some of the theoretical resources available within the philosophical literature to address these challenges, and to assist in understanding the conceptual connections between vulnerability and related concepts such as harm, exploitation, needs, and autonomy. We also sketch out a taxonomy of sources and kinds of vulnerability. Finally, we consider the implications for policy evaluation of making vulnerability an explicit and central focus of bioethics. Our investigation is in the form of a broad survey motivating a research agenda rather than a detailed analysis. (shrink)