Continuing the debate over whether consciousness causes behaviour or plays no functional role in it, leading scholars discuss the question in terms of neuroscience, philosophy, law, and public policy.

The biopsychosocial model is characterized by the systematic consideration of biological, psychological, and social factors and their complex interactions in understanding health, illness, and health care delivery. This model opposes the biomedical model, which is the foundation of most current clinical practice. In the biomedical model, quest for evidence based medicine, the patient is reduced to molecules, genes, organelles, systems, diseases, etc. This reduction has brought great advances in medicine, but it lacks a holistic view of the person. To solve (...) the problem, we propose an early team based approach where the primary care physician leads a group of people that can help her/him address the psychosocial issues while she/he attends to the biomedical issues. This article addresses one case where the clinical ethicist facilitating a team based biopsychosocial model for the care of a patient worked as a bridge between the primary team, the critical care team, and the psychosocial team to advance the argument that good communication among the groups can lead to a true biopsychosocial model where the collaboration of the social worker, psychologist, chaplain, ethicist and the different medical teams can improve the overall patient experience. (shrink)

Members of the Clinical Ethics Consultation Affairs Standing Committee of the American Society for Bioethics and Humanities present a collection of insights and recommendations developed from their collective experience, intended for those engaged in the work of healthcare ethics consultation.

More than 200 million children under the age of 5 years are affected by malnutrition worldwide according to the World Health Organization. The Barbados Nutrition Study (BNS) is a 55-year longitudinal study on a Barbadian cohort with histories of moderate to severe protein-energy malnutrition (PEM) limited to the first year of life and a healthy comparison group. Using quantitative electroencephalography (EEG), differences in brain function duringchildhood(lower alpha1 activity and higher theta, alpha2 and beta activity) have previously been highlighted between participants (...) who suffered from early PEM and controls. In order to determine whether similar differences persisted intoadulthood, our current study used recordings obtained during a Go-No-Go task in a subsample of the original BNS cohort [population size (N) = 53] at ages 45–51 years. We found that previously malnourished adults [sample size (n) = 24] had a higher rate of omission errors on the task relative to controls (n= 29). Evoked-Related Potentials (ERP) were significantly different in participants with histories of early PEM, who presented with lower N2 amplitudes. These findings are typically associated with impaired conflict monitoring and/or attention deficits and may therefore be linked to the attentional and executive function deficits that have been previously reported in this cohort in childhood and again in middle adulthood. (shrink)

There has been little previous research regarding the effectiveness of ethics education interventions for residential care‐givers. The Researching Interventions to Promote Ethics in social care project responded to the question: Which is the most effective ethics education intervention for care‐givers in residential social care? A pragmatic cluster trial explored the impact of three ethics education interventions for: (a) interactive face‐to‐face ethics teaching; (b) reflective ethics discussion groups; and (c) an immersive simulation experience. There was also a control arm (d). 144 (...) trial participants were recruited from 39 residential care homes for older people in southern England. Change scores compared across intervention arms showed a significant reduction in work‐related moral stress in the teaching arm compared with control group (p =.03); there were no significant differences between control and intervention arms in change scores for moral sensitivity, interpersonal reactivity (empathy) or ethical leadership. Qualitative data themes were as follows: ethical care; care challenges; and ethical care inhibitors. Overall findings stimulate reflection on the value of three different ethics education interventions and the most appropriate means to evaluate their impact. Findings suggest the complexity and diverse nature of ethical competence in care. We suggest a way forward for research evaluating ethics education. (shrink)

The Phenomenological Mind is the first book to properly introduce fundamental questions about the mind from the perspective of phenomenology. Key questions and topics covered include: What is phenomenology? naturalizing phenomenology and the empirical cognitive sciences phenomenology and consciousness consciousness and self-consciousness, including perception and action time and consciousness, including William James intentionality the embodied mind action knowledge of other minds situated and extended minds phenomenology and personal identity Interesting and important examples are used throughout, including phantom limb syndrome, (...) blindsight and self-disorders in schizophrenia, making The Phenomenological Mind an ideal introduction to key concepts in phenomenology, cognitive science and philosophy of mind. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

This edited book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets, and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to (...) the significance of intellectual property in contemporary processes of globalization and political economy.The editor's introductory essay, What is a 'Law and Society' Perspective on Intellectual Property?, identifies and analyzes the major approaches to interdisciplinary law and society scholarship on intellectual property and identifies each author's contribution to this emerging perspective on what is an increasingly important area of law worldwide. (shrink)

John Fisher, Cardinal-Bishop of Rochester, defended papal supremacy and the indissolubility of marriage in defiance of Henry VIII and Parliament and was the only Bishop who refused to take the Oath of Supremacy.1 He was imprisoned in the Tower of London in 1534 and was subsequently executed for treason in 1535. A full appreciation for Fisher's importance in English, continental, and Catholic history should include an examination of Fisher's theology not only because it informed his historic refutation of Henry's claims (...) which won him the martyr's crown, but also because Fisher's works were widely read and often referenced at the Council of Trent.2 Ruard Tapper claimed that 'Fisher's works were in everyone's hands.'3... (shrink)

Given the undeniable hype around artificial intelligence (AI), it is imperative to investigate both how researchers of AI negotiate this hype as well as wrestle with it in their research. To do so, we study the perspectives of these scientists actively transforming contemporary life via machine learning (ML). Using qualitative interviews with 108 researchers, we explore communication challenges: addressing the hype surrounding AI and ML, communicating technical knowledge, and publication pressures. We report how these unique conditions shape this population’s writing (...) practices: document cycling, writing-to-learn, and video production/social media activity. Ultimately, we aim to provide insight into the breadth of practices in this rapidly-evolving discipline, without advocating for any. (shrink)

William Uttal is concerned that in an effort to prove itself a hard science, psychology may have thrown away one of its most important methodological tools—a critical analysis of the fundamental assumptions that underlie day-to-day empirical research. In this book Uttal addresses the question of localization: whether psychological processes can be defined and isolated in a way that permits them to be associated with particular brain regions. New, noninvasive imaging technologies allow us to observe the brain while it is (...) actively engaged in mental activities. Uttal cautions, however, that the excitement of these new research tools can lead to a neuroreductionist wild goose chase. With more and more cognitive neuroscientific data forthcoming, it becomes critical to question their limitations as well as their potential. Uttal reviews the history of localization theory, presents the difficulties of defining cognitive processes, and examines the conceptual and technical difficulties that should make us cautious about falling victim to what may be a "neo-phrenological" fad. (shrink)

Sections include: experiments and generalised causal inference; statistical conclusion validity and internal validity; construct validity and external validity; quasi-experimental designs that either lack a control group or lack pretest observations on the outcome; quasi-experimental designs that use both control groups and pretests; quasi-experiments: interrupted time-series designs; regresssion discontinuity designs; randomised experiments: rationale, designs, and conditions conducive to doing them; practical problems 1: ethics, participation recruitment and random assignment; practical problems 2: treatment implementation and attrition; generalised causal inference: a grounded theory; (...) generalised causal inference: methods for single studies; generalised causal inference: methods for multiple studies; a critical assessment of our assumptions. (shrink)

This Article is a socio-legal analysis of the California State Bar lawyer discipline system. The article draws on legal professions theory, legal ethics, legal history, and cultural analysis, and it is based on archival data, interviews with State Bar actors, and empirical data on the Bar's disciplinary system. The article examines the historical and cultural context of a perceived crisis in California State Bar lawyer discipline in the 1980s and 1990s and concludes that, while the crisis stemmed from demonstrable organizational (...) ineffectiveness in the lawyer discipline system of the State Bar, it also needs to be understood as part of a larger--and recurring--crisis of professionalism in the legal profession.The article also examines the Bar's response to the discipline crisis and argues that, contrary to the bar's harshest critics (and critical professions theory), the reforms initiated by the Bar and imposed by the state legislature improved the lawyer disciplinary system in California. Nevertheless, the article concludes that organizational and structural factors identified in this study limit the effectiveness of any system of lawyer self-regulation. (shrink)

Despite the fact that psychedelics were proscribed from medical research half a century ago, recent, early-phase trials on psychedelics have suggested that they bring novel benefits to patients in the treatment of several mental and substance use disorders. When beneficial, the psychedelic experience is characterized by features unlike those of other psychiatric and medical treatments. These include senses of losing self-importance, ineffable knowledge, feelings of unity and connection with others and encountering ‘deep’ reality or God. In addition to symptom relief, (...) psychedelic experiences often lead to significant changes in a patient’s personality and worldview. Focusing on the case of psilocybin, we argue that the peculiar features of psychedelics pose certain novel risks, which warrant an enhanced informed consent process–one that is more comprehensive than what may be typical for other psychiatric medications. We highlight key issues that should be focused on during the consent process and suggest discussion prompts for enhanced consent in psychedelic psychiatry. Finally, we respond to potential objections before concluding with a discussion of ethical considerations that will arise as psychedelics proceed from highly controlled research environments into mainstream clinical psychiatry. (shrink)

William R. Caspary makes the case for Dewey as a more discerning and challenging political theorist than this.

A survey of Descartes' scientific career from his student days at the Jesuit College of La Flèche to his departure for Sweden in 1649.

It no longer is true in a metaphorical sense only that a person can have a change of heart. We might grant this much — allow that a person may have one heart at one time and have another heart at still another time — and also resist the idea that a person can have a change of mind in anything other than a qualitative sense. In the discussion that follows, this standard view of the matter is called into question. (...) If the argument presented here is sound, it can happen both that one person has numerically different minds at different times and that different people have the same mind at different times. These possibilities, as I take them to be, call for reassessment of some well entrenched assumptions concerning personal identity and responsibility. In particular, they suggest that it may not be true that person A bears responsibility for making decisions person B previously made only on the condition that A is the same person as B. (shrink)

Why would a country strongly influenced by Buddhism's reverence for life allow legalized, widely used abortion? Equally puzzling to many Westerners is the Japanese practice of mizuko rites, in which the parents of aborted fetuses pray for the well-being of these rejected "lives." In this provocative investigation, William LaFleur examines abortion as a window on the culture and ethics of Japan. At the same time he contributes to the Western debate on abortion, exploring how the Japanese resolve their conflicting (...) emotions privately and avoid the pro-life/pro-choice politics that sharply divide Americans on the issue. (shrink)

Skepticism about ethical expertise has grown common, raising concerns that bioethicists’ roles are inappropriate or depend on something other than expertise in ethics. While these roles may depend on skills other than those of expertise, overlooking the role of expertise in ethics distorts our conception of moral advising. This paper argues that motivations to reject ethical expertise often stem from concerns about elitism: either an intellectualist elitism, where some privileged elite have supposedly special access in virtue of expertise in moral (...) theory; or an authoritarian elitism, where our reliance on experts in ethics risks violation of autonomy and democracy. The paper sketches an anti-elitist conception of ethics expertise in bioethics as continuous with an anti-elitist conception of ethics expertise in common moral practice, undercutting the intellectualism, and then uses this anti-elitist conception to reject arguments that ethical expertise violates autonomy or democracy. An anti-elitist picture of ethical expertise both renders it consistent with our general moral practice and allows us to resist skeptical concerns. (shrink)

Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) research, and treatment of patients’ religious views in doctor–patient encounters. Given that no sound set of guiding principles yields precise solutions for every policy dispute, we explore how morally sound democracies might deliberatively resolve such policy issues, following our proposed principles. Taken together and carefully interpreted, these principles may help in guiding difficult decision making in the indefinitely large realm where government, medical providers, and patients encounter problems concerning religion and medicine. (shrink)

The social psychology of science is a compelling new area of study whose shape is still emerging. This erudite and innovative book outlines a theoretical and methodological agenda for this new field, and bridges the gap between the individually focused aspects of psychology and the sociological elements of science studies. Presenting a side of social psychology that, until now, has received almost no attention in the social sciences literature, this volume offers the first detailed and comprehensive study of the social (...) psychology of science, complete with a large number of empirical and theoretical examples. The volume's introductory section provides a detailed analysis of how modern social psychology might apply to the study of science. Chapters show how to analyze science in terms of social cognition, attribution theory, attitudes and attitude change, social motivation, social influence and social conformity, and intergroup relations, weaving extensive illustrations from the science studies literature into the theoretical analysis. The nature and role of experimentation are discussed, as are metaanalytic methods for summarizing the results of multiple studies. Ways to facilitate the generalization of causal inferences from experimental work are also examined. The book focuses on such topics as interactions among small groups of scientists, and the impact of social motivation, influence, and conformity on scientific work. Also covered are scientists' responses to ethical issues in research, differences in cognitive style distribution, creativity in research and development, and the sociologists's view of the social psychology of science and technology. In addition, the book provides two annotated bibliographies, one on the philosophy of science and the other on social psychology, to guide readers in both disciplines to salient recent works. Valuable to the entire science studies community, this text will be of special interest to philosophers, sociologists, psychologists, and historians of science interested in the nature of knowledge development in science. Because of its novel application of social psychological theories and methods, this book will be useful as a primary text or a secondary text in courses on science studies in psychology, sociology, or philosophy departments. (shrink)

Summary Robert Boyle is remembered largely for his integration of experiment and the ?mechanical philosophy?. Although Boyle is occasionally elusive as to what he means precisely by the ?mechanical philosophy?, it is clear that a major portion of it concerned his corpuscular theory of matter. Historians of science have traditionally viewed Boyle's corpuscular philosophy as the grafting of a physical theory onto a previously incoherent body of alchemy and iatrochemistry. As this essay shows, however, Boyle owed a heavy debt to (...) a longstanding alchemical theory that postulated the corpuscular make-up of metals and various reagents. I have elsewhere argued in a general way for Boyle's debt to alchemical corpuscular theory, but in the present essay I show one of his precise sources?namely the Wittenberg medical professor Daniel Sennert (1572?1637). In his youth Boyle wrote a treatise on corpuscularianism, Of the Atomicall Philosophy, that borrowed heavily from Sennert without acknowledgement. Later works, such as The Sceptical Chymist, elaborate on these borrowings. This discovery shows that we cannot view Boyle's corpuscular philosophy as an imposition of physics on chemistry: instead, it appears that it originally grew out of chemistry itself. The discovery also throws an interesting light on Boyle's attitude toward sources. (shrink)

We investigate the role of personal values in an investment decision in a controlled experimental setting. Participants were asked to choose an investment in a bond issued by a tobacco company or a bond issued by a non-tobacco company that offered an equal or sometimes lower yield. We then surveyed the participants regarding their feelings toward tobacco use to determine whether these values influenced their investment decision. Using factor analysis, we identified investment- and tobacco-related dimensions on which participants’ responses tended (...) to load. Two of these factors, relating to the societal impact of investment decisions and the health effects of tobacco, were highly significant in determining whether participants selected a tobacco or non-tobacco related investment. More importantly, we found that when the rate of return on a tobacco-related investment exceeds the rate of return on an investment not involving tobacco by 1%, the intensity of participant concerns about the societal effects of their investment decisions was especially important in determining investment choices. This finding indicates that traditional wealth-maximization approaches, which do not consider the personal values of the investor, omit an important factor that affects investment decisions. (shrink)

Alan Chalmers uses Robert Boyle’s mechanical philosophy as an example of the irrelevance of ‘philosophy’ to ‘science’ and criticizes my 2006 book Atoms and alchemy for overemphasizing Boyle’s successes. The present paper responds as follows: first, it argues that Chalmers employs an overly simplistic methodology insensitive to the distinction between historical and philosophical claims; second, it shows that the central theses of Atoms and alchemy are untouched by Chalmers’s criticisms; and third, it uses Boyle’s analysis of subordinate causes and his (...) debate with Henry More in the 1670s to demonstrate the inadequacy of Chalmers’s construal of the mechanical philosophy.Keywords: Robert Boyle; Alan Chalmers; Geber; Paul of Taranto; Daniel Sennert; Alchemy; Chymistry; Mechanical philosophy; Reduction to the pristine state. (shrink)

This paper discusses using the Chernobyl Incident as a case study in engineering ethics instruction. Groups of students are asked to take on the role of a faction involved in the Chernobyl disaster and to defend their decisions in a mock debate. The results of student surveys and the Engineering and Science Issues Test indicate that the approach is very popular with students and has a positive impact on moral reasoning. The approach incorporates technical, communication and teamwork skills and has (...) many of the features suggested by recent literature. (shrink)

During the past few decades a growing interest in what is often called the ‘Kyoto School’ of philosophy has evidenced itself here and there in the West, especially in discussions of comparative religious thought and in the pages of journals which are sensitive, in the post-colonial world, to the value of giving attention to contemporary thought that originates outside the Anglo-American and continental contexts. What has made the so-called Kyoto School especially interesting is the fact that those thinkers identified with (...) it obviously possess a wide acquaintance with Western thought but also have a programme of clarifying points at which they, as Japanese philosophers, find Western philosophy either in sum or in its parts inadequate or objectionable. Moreover, inasmuch as the philosophers of the Kyoto School have deliberately reached back into the Mahayana Buddhist component in Japanese civilization in order to find terms, perspectives, and even foundations for their own analyses and constructions, Western students of comparative religion and comparative thought have in the study of this school a unique aperture for observing how a group of thinkers, while sharing modernity and its problems with us, reates both of these to a religious tradition which is in many ways strikingly different from that of the West. (shrink)

Several prominent writers including Norman Daniels, James Sabin, Amy Gutmann, Dennis Thompson and Leonard Fleck advance a view of legitimacy according to which, roughly, policies are legitimate if and only if they result from democratic deliberation, which employs only public reasons that are publicised to stakeholders. Yet, the process described by this view contrasts with the actual processes involved in creating the Affordable Care Act (ACA) and in attempting to pass the Health Securities Act (HSA). Since the ACA seems to (...) be legitimate, as the HSA would have been had it passed, there seem to be counterexamples to this view. In this essay, I clarify the concept of legitimacy as employed in bioethics discourse. I then use that clarification to develop these examples into a criticism of the orthodox view–that it implies that legitimacy requires counterintuitively large sacrifices of justice in cases where important advancement of healthcare rights depends on violations of publicity. Finally, I reply to three responses to this challenge: (1) that some revision to the orthodox view salvages its core commitments, (2) that its views of publicity and substantive considerations do not have the implications that I claim and (3) that arguments for it are strong enough to support even counterintuitive results. My arguments suggest a greater role for substantive considerations than the orthodox view allows. (shrink)

In a recent essay review of William R. Newman, Atoms and Alchemy (2006), Ursula Klein defends her position that philosophically informed corpuscularian theories of matter contributed little to the growing knowledge of "reversible reactions" and robust chemical species in the early modern period. Newman responds here by providing further evidence that an experimental, scholastic tradition of alchemy extending well into the Middle Ages had already argued extensively for the persistence of ingredients during processes of "mixture" (e.g. chemical reactions), and (...) that this corpuscular alchemical tradition bore important fruit in the work of early modern chymists such as Daniel Sennert and Robert Boyle. (shrink)