There has been much work highlighting the benefits of autoethnographic research yet little acknowledgement of the demands researching your own life makes on the emotional and mental wellbeing of the researcher. This paper explores the consequences that can arise as a result of autoethnographic research by detailing the crises involved in researching a topic that the researcher has experienced herself. This paper discusses the re-emergence of my grief over the death of my mother as I researched into the (...) experience of other young women who had experienced the death of their mother during their youth. The research process was a journey in which crises were experienced that conflicted and illuminated the emerging findings of the research. The role of the researcher and the researcher’s subjectivity--emotions, feelings, actions--are highlighted as integral to research practice. Accepting vulnerability and problematic feelings and emotions can be seen both as an important part of grieving the loss of a mother but also a significant step in conducting research and being a researcher. (shrink)

The basic hypothesis tested in the article is that the existence of Freedom of Information legislation in a state enhances utilization of evaluation research. The investigation of this research question leads to a tentative rejection of this hypothesis. Factors such as weak Freedom of Information Acts, unsympathetic implementation, and the lack of useful and timely information in agency-sponsored evaluations may discourage legislatures from actively using Freedom of Information provisions to obtain such studies.

Research data produced in both universities and the NHS are subject to the Freedom of Information Act 2000. This article examines the practical and ethical implications of freedom of information for research data, arguing that increased openness is both here to stay and is ethically justifiable. Researchers need to learn how best to cope with this.

Universities are increasingly pushed to apply for external funding for their research and incentivised for making an impact in the society surrounding them. The consequences of these third-mission activities for the degree of freedom of the research, the potential to make a substantial research contribution and the ethical challenges of this increased dependency on external funding are often neglected. The implications of external sponsorship of research depend on the level of influence of the sponsor in (...) the various elements of the research. This paper provides a typology of sponsored innovation management research projects in order to create a common language between researchers and practitioners. Through in-depth analysis of nine innovation management research projects, carried out and funded in Northern Europe, and a rich set of qualitative data, the paper outlines the key dimensions of the projects where researchers and practitioners should agree on the degrees of freedom of the research project. It identifies three different methodological dimensions that can impact the likelihood of generating publishable results from the innovation management research. The three dimensions are purpose, throughput and output. The paper discusses the positive and negative impact of these types of projects and generates implications for the central stakeholders. (shrink)

Freedom of information requests are increasingly used in sociology, criminology and other social science disciplines to examine government practices and processes. University ethical review boards in Canada have not typically subjected researchers’ FOI requests to independent review, although this may be changing in the United Kingdom and Australia, reflective of what Haggerty calls ‘ethics creep’. Here we present four arguments for why FOI requests in the social sciences should not be subject to formal ethical review by ERBs. These four (...) arguments are: existing, rigorous bureaucratic vetting; double jeopardy; infringement of citizenship rights; and unsuitable ethics paradigm. In the discussion, we reflect on the implications of our analysis for literature on ethical review and qualitative research, and for literature on FOI and government transparency. (shrink)

Is freedom of research protected at the constitutional level? No obvious answer can be given to this question, as European and Northern American constitutional systems are not unequivocal and the topic has not been discussed deeply enough.Looking at the constitutions of some European and Northern American countries, it is possible to immediately note that there are essentially two ways to deal with freedom of scientific research. On the one hand, in Canada and in the US, constitutions (...) have no specific provisions to protect freedom of scientific research, with the result that such freedom ends up having to be protected as a specific aspect of the wider freedom of thought and expression . On the other hand, other countries’ constitutional systems, mainly European ones, expressly recognise freedom of research and teaching arts and science. For instance, article 5 of the German Constitution states that “Art and science, research and teaching are free”, article 33 of the Italian Constitution1i establishes that “The arts and sciences as well as their teaching are free” and article 59 of the Slovenian Constitution states that “Freedom of scientific research and artistic endeavor shall be guaranteed”.Within this second group, some constitutions limit their protection to the provision of freedom of scientific research, whereas other fundamental laws engage governments in promoting and supporting it. For example, the Italian Constitution, which states that “The Republic promotes cultural development and scientific and technical research” , the Spanish Constitution, according to which “public authorities shall promote science and scientific and technical research for the benefit of general interest” and, also, the Greek Constitution, whose article 16 establishes that art, science, research and their teaching are free, and their promotion is mandatory for the State.2 It …. (shrink)

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create the field (...) for discussion and mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

Should our commitment to freedom of speech extend to freedom of hate speech: speech that promotes hatred toward an individual or group on the basis of a characteristic such as race, gender, sexuality, nationality, or religion—often, although perhaps not exclusively, using slurs and epithets? Drawing on philosophy of language and empirical research, this essay outlines five theoretical models of how hate speech may function, and explores their implications for this issue. I argue that (some) hate speech can (...) be regulated without compromising freedom of expression; and furthermore that, under certain circumstances, considerations of free speech may favour regulating hate speech. (shrink)

The media have become an important arena where struggles over the symbolic legitimacy of expert authority take place and where scientific experts increasingly have to compete for public recognition. The rise of authoritarian and populist leaders in many countries and the growing importance of social media have fueled criticism against scientific institutions and individual researchers. This paper discusses the new hidden forms of suppression and self-censorship regarding scientists’ roles as public experts. It is based on two web surveys conducted among (...) Finnish researchers in 2015 and 2017. We focus on answers to the open-ended questions in these surveys, where respondents reflect upon issues of freedom of expression and the feedback they receive in public arenas. Building on previous research on suppression, “research silencing,” and the “chilling effect,” we discuss the connection between freedom of expression and freedom of inquiry. We make a distinction between four forms of suppression: political and economic control, organizational control, control between rival academics, and control from publics. Moreover, we make explicit and discuss the means, motives, and practices of suppression within each of these four forms. (shrink)

Academic freedom is often regarded as an absolute value of higher education institutions. Traditionally, its value is related to such topics as tenure, and the need for academic work to be free from undue political influence and other pressures that can challenge time-consuming research processes. However, when an analysis of student freedom begins with arguments about free research and free speech, undergirded as they generally are by liberal political philosophy, other considerations, related to broader views of (...) freedom, can slip through the cracks. In this essay, I want to take a step back from typical discussions of academic freedom, to take a broader perspective, before considering how freedom relates to student experience. The first part of this essay explores diverse elaborations and defences of freedom: How it is upheld in the liberal philosophy of Kant, the critical pedagogy of Freire, existentialism, and the capabilities approach to development. Exploring the often contrasting insights and implications of these views, I then connect relevant theoretical understandings derived from them to an exploration of the experience of freedom and of students. This essay thus considers how student freedom, and student academic freedom, are more precarious concepts than typically assumed. (shrink)

Ethicists, regulators and researchers have struggled with the question of whether incidental findings in genomics studies should be disclosed to participants. In the ethical debate, a general consensus is that disclosed information should benefit participants. However, there is no agreement that genetic information will benefit participants, rather it may cause problems such as anxiety. One could get past this disagreement about disclosure of incidental findings by letting participants express their preferences in the consent form. We argue that this freedom (...) of choice is problematic. In transferring the decision to participants, it is assumed that participants will understand what they decide about and that they will express what they truly want. However, psychological findings about people's reaction to probabilities and risk have been shown to involve both cognitive and emotional challenges. People change their attitude to risk depending on what is at stake. Their mood affects judgments and choices, and they over- and underestimate probabilities depending on whether they are low or high. Moreover, different framing of the options can steer people to a specific choice. Although it seems attractive to let participants express their preferences to incidental findings in the consent form, it is uncertain if this choice enables people to express what they truly prefer. In order to better understand the participants' preferences, we argue that future empirical work needs to confront the participant with the complexity of the uncertainty and the trade-offs that are connected with the uncertain predictive value of genetic risk information. (shrink)

Our research is based on a rather large "library" of various works by M. Drahomanov, which contains his views on religion. Among them: Paradise and Progress, From the History of Relations Between Church and State in Western Europe, Faith and Public Affairs, Fight for Spiritual Power and Freedom of Conscience in the 16th - 17th Centuries,, "Church and State in the Roman Empire", "The Status and Tasks of the Science of Ancient History," "Evangelical Faith in Old England," "Populism (...) and Popular Progress in Austrian Rus, Austrian-Russian Remembrance," "Pious The Legend of the Bulgarians "," The Issues of Religious Freedom in Russia, "" On the Brotherhood of the Baptist or the Baptist in Ukraine, "" The Foreword, " Shevchenko, Ukrainianophiles and Socialism "," Wonderful thoughts about the Ukrainian national affair "," Zazdri gods "," Slavic variants of one Gospel legend "," Resurrection of Christ ", etc. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

This volume explores how language, and particularly abstract language, shapes our thought. Academic researchers and graduate students in philosophy of language and cognitive sciences will benefit.

Domestic and sexual violence research has traditionally been associated with feminist qualitative methodology; however, quantitative methods are increasingly used by feminists in research examining the prevalence of and issues related to rape and sexual assault, either as standalone methods or in combination with other, qualitative methods (i.e. mixed methods). Freedom of Information (FOI) requests are a data collection tool that allow citizens to obtain data held by public authorities in the UK and are particularly useful for uncovering (...) information on marginalised groups who may be difficult to recruit in qualitative research. Whilst they are frequently used by journalists, their potential is yet to be fully realised by social researchers. This paper reflects on the use of Freedom of Information requests in a mixed-method feminist study exploring sexual violence against people aged 60 years and over. (shrink)

In the first two sections of the paper, some basic terminological distinctions regarding “freedom of the will” as a philosophical problem are expounded and discussed. On this basis, the third section focuses on the examination of two neurophysiological experiments (one by Benjamin Libet and one by William Grey Walter), which in recent times are often interpreted as providing an empirical vindication of determinism and, accordingly, a refutation of positions maintaining freedom of the will. It will be argued that (...) both experiments fall short in this respect, and that in general—for methodical reasons—the prospects of ever deciding the dispute about freedom of the will through empirical research are rather poor. (shrink)

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or (...) expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level. (shrink)

This article presents the results of a journey into the work of French philosopher Simone Weil, Oppression and liberty and The Need for roots, in order to identify the conditions and limits to the implementation of freedom of expression. This research project aims at identifying the ethical foundations of freedom of expression in a contemporary context where globalization, the media and social networks facilitate a fast dissemination of numerous individual and collective expressions, while the law cannot discern (...) when to privilege freedom of expression over other human rights. The result of our analysis of Weil notions of “need of the soul” and “obligations towards human being” enable to understand why freedom of expression is individual and not collective and under which conditions it should be protected: as an essential need of our intelligence, rooted in every human being, that must be respected absolutely at an individual level. This principle also makes it possible to legitimize the limitation of certain collective expressions conveyed by organizations, in their external and internal communication, and the authorization of the individual voice of certain stakeholders when they speak out in favor of justice and truth. (shrink)

The Buddha, unlike the Upaniṣadic or Brahmanical way, has avoided the concept of the self, and it seems to be left with limited conceptual possibilities for free will and moral responsibility. Now, the question is, if the self is crucial for free will, then how can free will be conceptualized in the Buddhist ‘no-self’ (anattā) doctrine. Nevertheless, the Buddha accepts a dynamic notion of cetanā (intention/volition), and it explicitly implies that he rejects the ultimate or absolute freedom of the (...) will, but not the minimal power of free will. It seems that the Buddha’s view shifts from agent causation (independent ownership) to a causal sequence of impersonal processes (psychophysical factors). This paper claims to shed clarity on ‘whether free will is viable in the context of the anattāvāda in Buddhism.’ It mainly studies the secondary sources (even though it has also discussed the primary sources) and their interpretations of freedom of the will and how it further does argue for a compatibility approach of free will in Buddhist thought. (shrink)

There is a long-standing interest in business ethics around the concept of free will, but study of its possible influence on consumer behavior is only in the nascent stage. This lack of research is particularly acute in certain consumption contexts, especially ones based on highly restricted access that appear to suggest abrogation of the will. In this paper, we offer a novel approach that involves reexamination of qualitative/ethnographic research that has chronicled consumption restrictions without consideration of potential implications (...) for free will. Using a new reanalysis method, we show that some of what is described as “vulnerability” using other theoretical paradigms is subsumed within this domain. Findings demonstrate that a complex relationship between free will and various consumption processes and outcomes exists that is acted out within and outside licit and illicit/formal and informal markets. These restrictions allow for a different vantage point to address free will and consumption, with implications for business ethicists and researchers interested in human quality treatment or human dignity-centered business frameworks. (shrink)

Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track (...) the compliance of their victims, while neutral causal mechanisms do not. Manipulators see to it that their victims comply even in the face of forces that threaten to derail them from the manipulator’s desired course. It is suggested that this has an impact on freedom because part of what we desire in wanting to be free is the availability of forms of life very different from those we actually enjoy. (shrink)

While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related (...) care by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them. (shrink)

Freedom of expression is one of the issues of concern to human societies in the contemporary world, because this issue is one of the most important basic rights of people in societies due to its special nature, and on the other hand, it is always in conflict with the authoritarian point of view. Islam accepts freedom of expression for everyone in the Islamic society, but it has specified limits and regulations for it. These restrictions and conditions, more than (...) cumbersome and intolerable regulations, are instructions for better use of freedom, which if not followed, not only the freedom of everyone in the society will not be realized, but also the category it will become anti-value and create cultural chaos. Imam Ali (peace be upon him), during his rule period, not only did not limit the freedom of expression, but also emphasized the expansion of this freedom. Based on Islam, since man is a free being, the privacy of his freedom must always be preserved; Therefore, freedom is the natural right of every human being and cannot be taken away from him. The practical life of Imam Ali (PBUH) and his advice to his agents in caring for freedom of expression in society and politics, bring its importance to the fore. Considering the importance of this issue, the purpose of this research is to study freedom of expression in Islamic teachings with emphasis on Nahj al-Balagha. Based on this, the related themes to freedom of expression have been extracted and explained from the point of view of Nahj al-Balagha, and conclusions have been presented in this regard. Contribution: This research showed that in the Islamic system, all citizens have the right to freedom of speech in ideological, political and social issues (according to the limits set by Islamic teachings and prevent the violation of Islamic values and other human values). These points are emphasized in Islamic teachings, especially in Nahj al-Balagha. (shrink)

Philip Kitcher argued that the freedom to pursue one's version of the good life is the main aim of Mill's argument for freedom of expression. According to Kitcher, in certain scientific fields, political and epistemological asymmetries bias research toward conclusions that threaten this most important freedom of underprivileged groups. Accordingly, Kitcher claimed that there are Millian grounds for limiting freedom of inquiry in these fields to protect the freedom of the underprivileged. -/- I explore (...) Kitcher's argument in light of the interpretation Helen Longino gave to Mill's argument. She argued that free critical dialogue in the community allows bias to be overcome, through intersubjective criticism of hypotheses and the background assumptions that frame them. I suggest that Longino's approach allows for the identification of the fundamental problems of the research programs Kitcher targeted, and for the rejection of their claims to knowledge. Thus it is possible to address Kitcher's problem without limiting freedom of speech. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using (...) Random Notification), each school in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues concerning restrictions to speech (...) on campus that fall outside of the traditional debate around violations to free speech rights. This is particularly the case when certain voices are excluded from important policy conversations, and in issues around diversifying the curriculum. This paper overcomes these two limitations by developing a novel conceptual framework within which to situate current debates concerning speech related matters in universities. It does so by developing a taxonomy around the concept of ‘silencing’. It then considers the current issue of speech matters in universities within this framework to determine whether, and to what extent, speech is indeed unduly restricted, and where this is a concern for free speech violations, and where it falls outside of this issue. (shrink)

The current situation in medicine has been described as a crisis of credibility, as the profit motive of industry has taken control of clinical trials and the dissemination of data. Pharmaceutical companies maintain a stranglehold over the content of medical journals in three ways: (1) by ghostwriting articles that bias the results of clinical trials, (2) by the sheer economic power they exert on journals due to the purchase of drug advertisements and journal reprints, and (3) by the threat of (...) legal action against those researchers who seek to correct the misrepresentation of study results. This paper argues that Karl Popper's critical rationalism provides a corrective to the failure of academic freedom in biomedical research. (shrink)

This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other (...) is that governmental intervention into the inner life of private associations will jeopardise attaining some associational goods. I challenge these assertions in two ways: First, I argue that the value of associations cannot be measured only in terms of the effects it has on their members. We should also pay attention to the long-term effects on society. Second, I argue that imposing some constraints on the sorts of activities associations might pursue does not necessarily threaten any associational good. These challenges are backed up by research coming from social psychology that suggests that an important part of human behaviour is automatic. I focus on the automaticity of social stereotypes and their causal effectiveness in producing behaviour. The upshot of the argument is that spillover effects are likely to happen. I argue that this is problematic for liberalism because citizens have an interest in exercising a sense of justice. The fact that racist or sexist attitudes cultivated in private spills over the public sphere provides weighty reasons to intervene in those associations. (shrink)

The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were (...) obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation). (shrink)

From the 1970s onwards, Feyerabend argues against the freedom of science. This will seem strange to some, as his epistemological anarchism is often taken to suggest that scientists should be free of even the most basic and obvious norms of science. His argument against the freedom of science is heavily influenced by his case study of the interference of Chinese communists in mainland China during the 1950s wherein the government forced local universities to continue researching traditional Chinese medicine (...) rather than Western medicine. Feyerabend claims this move was justifiable and, eventually, vindicated by the resulting research which was beneficial for locals and the West at large. The purpose of this paper is to provide a comprehensive overview and analysis on Feyerabend’s views on the freedom of science and his social commentary on US science funding policy that follows therefrom. This proves to be exceedingly difficult because Feyerabend’s writings on the subject are filled with gaps, unnoticed tensions, and cognitive dissonance. Still, I think Feyerabend’s scattered insights and the contradictions that emerge lead to an interesting microcosm of the issues contained in the freedom of science debate. (shrink)

BackgroundThe Freedom of Information Act (FOIA) provides access to unreleased government records that can be used to enhance the transparency and integrity of biomedical research. We characterized FOIA requests to Department of Health and Human Services (HHS) agencies, including request outcomes, processing times, backlogs, and costs.MethodsUsing HHS FOIA annual reports, we extracted data on the number of FOIA requests received and processed by HHS agencies between 2008 and 2017, as well as request outcomes. Processing times were reported in (...) three time increments, < 1–20, 21–60, or 61+ days, and trends in backlog status were also described. Information about costs and fees collected were aggregated.ResultsBetween 2008 and 2017, 69.6% of 530,094 HHS FOIA requests were received by the Centers for Medicare and Medicaid Services (CMS), 18.9% by the Food and Drug Administration (FDA), and 11.6% by all other HHS agencies. During this period, CMS processed 374,728 requests, FDA 114,938, and other HHS agencies 61,890. CMS and FDA reduced backlogged requests by 9396 (89.7%) and 4289 (65.3%), respectively, leaving backlogs of 1081 and 2279 requests at the end of 2017. CMS fully or partially granted 60.3% of requests whereas FDA fully or partially granted 72.4%. Of all requests to CMS, 82.0% were considered simple and 18.0% complex; 82.2% of simple requests and 54.9% of complex requests were processed in 20 days, and 5.6% and 29.9% were processed in 61+ days. In contrast, 60.2% of requests to FDA were considered simple and 39.8% complex; 28.8% of simple requests and 9.0% of complex requests were processed in 20 days, and 58.3% and 81.5% were processed in 61+ days. The costs to HHS associated with FOIA requests totaled $446.4 million ($809 per processed request), increasing from $28.1 million ($423 per request) in 2008 to $53.3 million ($1544 per request) in 2017. In total, HHS collected $8.5 million in fees (1.9% of total costs).ConclusionsFOIA is frequently used to obtain information about HHS and its agencies. With growing costs, minimal fees collected, and lengthy processing times, HHS agencies’ FOIA programs might be made more efficient through greater proactive record disclosure. (shrink)

In various debates about science, appeal is made to the freedom of scientific research. A rationale in favor of this freedom is rarely offered. In this paper, two major arguments are reconstructed that promise to lend support to a principle of scientific freedom. According to the epistemological argument, freedom of research is required in order to organize the collective cognitive effort we call science efficiently. According to the political argument, scientific knowledge needs to be (...) generated in ways that are independent of the major political powers because of the important role it plays for the citizens and their capacity to form well-informed political preferences. Both arguments are examined critically in order to identify their strengths and limitations. I argue that the scientific freedom established by both rests on a number of critical preconditions, and that the arguments’ force must be weighed against competing societal interests and values in each case of their application. Appeal to a principle of scientific freedom should therefore never mark the end, but rather the beginning of a public debate about the ends and means of science. (shrink)

To judge from the rash of recent law review articles, it is a miracle that research with human subjects in the U.S. continues to draw breath under the asphyxiating heel of the rent-seeking, creativity-stifling, jack-booted bureaucrethics that is the current system of research ethics oversight and review. Institutional Review Boards, sometimes called Research Ethics Committees, have been accused of perpetrating “probably the most widespread violation of the First Amendment in our nation's history,” resulting in a “disaster, not (...) only for academics, but for the whole nation.” One member of the President's Council on Bioethics went so far as to assert, “There has been no greater damage to academic freedom in the United States in my lifetime. And my lifetime encompasses McCarthy and it encompasses political correctness, both.” Locked in the bureaucratic “iron cage” of IRB oversight, critics charge that researchers have been transformed into a vulnerable, exposed population, subject to domination, that has been likened in one case to a kind of “Tuskegee in reverse.”. (shrink)

This essay analyzes the relationship between Richard Lovat Summers and Ben Cooley in D.H. Lawrence's 1922 novel "Kangaroo." It argues that the psychological dynamic of the relationship between the two men as presented by Lawrence reveals one of the deepest of human paradoxes - the simultaneous kinship and opposition at work in the bipolarity of philosophy and tyranny, individual independence and unconditional love, the quest for glory and for ultimate truth, and the demands of self-love and of love of mankind. (...) The claim here is that Lawrence's "Kangaroo" is a classic literary statement of the role and meaning of "eros" in human life as played out in its most characteristic human expressions - art and philosophy on the one hand and politics and tyranny on the other. (shrink)

The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and beliefs (...) on the Internet was considered. The analysis of the legislation of foreign countries regulating the right to express views and beliefs online was carried out. The materials of the article are of practical value for scientists and practitioners dealing with the issues of legal regulation of freedom of speech, the right to express views and beliefs, for forecasting and planning scientific research, improving legislation, for higher education teachers in educational activities, as well as for all interested persons. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, setting the (...) stage for further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)

In the search for a globally binding ethical minimal consensus in dealing with research on human beings the awareness of the cultural specificity of such questions will be of central importance. France provides a good example of such cultural specificities. Three basic structures of French discussion on research ethics can be enumerated: first the particular weight placed on therapeutic benefit, second a particular accentuation on freedom and voluntarism, and third its lesser attention to the aspect of ability (...) to give consent. The weak emphasis on the ability to give consent is rooted as much in the traditionally paternalistically imbued physician-patient relationship as in the French legal system, in which the doctrine of consent is not given the fundamental position of importance found in the Anglo-Saxon countries. As an important Roman country, a different accentuation in the ethical discussion on research on humans can be recognised, a discussion in which for a long time the right of self determination was less of a criterion for decision than the teleology of medical action. It is precisely this aspect of latent cultural influence in ethical convictions which is of decisive importance for future discussion on research on humans. (shrink)

Research confidentiality in Britain is under attack. Indeed, in some quarters the ‘Law of the Land’ doctrine that absolutely subjugates research ethics to law is already a fait accompli. To illustrate the academic freedom issues at stake, the article discusses: (i) the Cambridge Psychology Research Ethics Committee’s ban of interview questions about a research participant’s involvement in criminal acts; (ii) the awarding of damages against Exeter University when it reneged on its agreement to uphold a (...) doctoral student’s guarantee of ‘absolute confidentiality’ in his research on assisted suicide; and (iii) the controversy around the UK government’s attempt to obtain confidential records from the Belfast Project − an oral history of paramilitaries involved in the Troubles in Northern Ireland. The article urges British researchers to practice – or, at least, defend the academic freedom of their colleagues to practice – the ‘ethics-first’ doctrine of strict confidentiality that several North American disciplinary associations encourage. (shrink)

The primary purpose of this article is to explore the limits that an agent, such as the government or the American Psychological Association, may place on one's right to pursue a program of research or to share the findings of a research project. The primary argument that evolves here is that researchers' rights to pursue an interesting hypothesis, and their freedom of expression, are conditional. The author examines the potential pragmatic and epistemological barriers to a program of (...) research and the responsibilities that researchers bear to address epistemological and nonepistemological matters while reviewing the implications of their work. (shrink)

Animal experimentation raises value conflicts between animal protection and other goods, such as freedom of inquiry or health and safety. If governments can phase out the practice by non-prohibitive incentive-setting, the pro tanto moral rationale for doing so is obvious. So why should they not? This article first sketches a fictional scenario in which a government adopts a phase-out plan for animal experimentation. It then considers two moral objections to this plan: First, the plan unduly restricts freedom of (...) inquiry, and second, it merely displaces animal experimentation across borders and thus fails to reduce animal suffering. Both arguments are refined premise by premise to articulate their strongest versions. The two objections can help to narrow down desiderata for good phase-out plans. However, they do not provide a compelling case against phase-out planning as such because they miss its incremental and constructive nature. Unless better arguments can be provided, it appears that government inaction on phasing out animal experimentation lacks moral justification. (shrink)

This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, “hate speech” and “fake news” will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies (...) who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future.” Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe “This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!” Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorship. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using (...) Random Notification), each school in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)