This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained participants convert select provisions of the Australian Copyright Act 1968 (Cth) into machine-executable code, we find that a combination of manual and automated methods for coding validation, which focus on formal adherence to programming languages and conventions, can significantly increase the similarity of encoded rules between coders. Participants nonetheless (...) encountered various interpretive difficulties, including syntactic ambiguity, and intra- and intertextuality, which necessitated legal evaluation, as distinct from and in addition to coding validation. Many of these difficulties can be resolved through what we call a process of ‘legal alignment’ that aims to enhance the congruence between encoded provisions and the true meaning of a statute as determined by the courts. However, some difficulties cannot be overcome in advance, such as factual indeterminacy. Given the inherently interdisciplinary nature of encoding legislation, we argue that it is desirable for ‘rules as code’ (‘RaC’) initiatives to have, at a minimum, legal subject matter, statutory interpretation and technical programming expertise. Overall, we contend that technical validation, legal alignment and interdisciplinary teamwork are integral to the success of attempts to encode legislation. While legal alignment processes will vary depending on jurisdictionally-specific principles and practices of statutory interpretation, the technical and interdisciplinary components of our methodology are transferable across regulatory contexts, bodies of law and Commonwealth and other jurisdictions. (shrink)

Background: The Voluntary Assisted Dying Act 2017 passed into law in Victoria, Australia, on the 29 November 2017. Internationally, nurses have been shown to be intimately involved in patient care throughout the voluntary assisted dying process. However, there is a paucity of research exploring Australian nurses’ perspectives on voluntary assisted dying and, in particular, how Victorian nurses anticipate the implementation of this ethically controversial legislation will impact their professional lives. Objectives: To explore Victorian nurses’ expectations of the ethical and practical (...) impacts the voluntary assisted dying legislation will have on their professional lives. Research design: This qualitative study analysed nurses’ free text responses collected as part of a larger mixed methods online survey investigating staff views on the Voluntary Assisted Dying Act. Data were collected during the period between the passing of the voluntary assisted dying legislation and the start date and were analysed using inductive content analysis. Participants and research context: Free text survey responses were analysed from 1873 nurses employed across seven Victorian health services located in both metropolitan and regional areas of the state. Ethical considerations: The study obtained research ethics approval and all participants were informed of the voluntary and anonymous nature of their participation. Findings: This study identified three broad areas of Victorian nurses’ professional lives that they expected to be impacted by the implementation of voluntary assisted dying: professional identity, career development and workplace relationships. Conclusion: Participants anticipate diverse and nursing-specific impacts of the implementation of voluntary assisted dying in Victoria. Their insights can inform health services in jurisdictions considering or already implementing voluntary assisted dying, to develop policies, procedures and staff training programmes that safeguard the well-being and legal rights of their nursing staff. (shrink)

IntroductionDignity therapy is brief psychotherapy targeting psychological and existential suffering among patients with a life-limiting illness. Studies have been conducted on the use of DT by healthcare professionals. In Italy, the current legislation defines that any form of psychotherapy may be performed exclusively by psychotherapists. Consequently, this intervention is unlikely to be used by other healthcare professionals. Herein, we will describe a training on DT not as a psychotherapy intervention but as a narrative intervention for non-psychotherapists health care professionals. (...) Finally, we will explore the potential enablers/barriers as experienced by palliative care physicians and nurses.MethodsThe study was conducted in the Psycho-Oncology Unit within the Cancer Research Hospital of Reggio Emilia. It consisted of an exploratory qualitative case study. Data were collected employing observations and interview data and thematically analyzed.ResultsThe training was attended by six physicians and ten nurses and took place during two-afternoon sessions for 10 h. Two participants put their training into practice and administered DT under the supervision of a psychotherapist. Data analysis highlighted five overarching themes relating to the training experience and direct use of DT, namely, time required, psychological skills, patient’s disease awareness, patient’s life history, and distinguishing DT from Advance Care Planning.ConclusionPalliative care professionals found DT to be a valuable non-pharmacological hospital-based intervention to address the person beyond the patient and his clinical conditions. In our experience, considering that in Italy, psychotherapy is an intervention that psychotherapists can only perform, it can help organize different training on DT for psychotherapists and other healthcare professionals. (shrink)

While Chile's partial decriminalization of abortion in 2017 was a long overdue recognition of women's sexual and reproductive rights, nearly four years later the caseload remains well below expectations. This pattern is the product of standing barriers in access to abortion‐related health services, especially at the primary care point of entry. This study seeks to identify and describe these barriers. The findings presented here were obtained through a qualitative, exploratory study based on 19 semi‐structured interviews with relevant actors identified through (...) non‐random sampling and snowballing techniques. Coding was inductive and complemented by semantic content analysis. The authors find that the key barriers in primary care to accessing legal abortion are unfamiliarity with the law, insufficient practitioner training, intersectoral discrimination, and the stigma surrounding abortion. They conclude that the government needs to exercise its constitutional mandate as guarantor of public health and act promptly to safeguard and guarantee the abortion rights of Chilean women. (shrink)

Deep Learning has been widely used for tackling challenging natural language processing tasks over the recent years. Similarly, the application of Deep Neural Networks in legal analytics has increased significantly. In this survey, we study the early adaptation of Deep Learning in legal analytics focusing on three main fields; text classification, information extraction, and information retrieval. We focus on the semantic feature representations, a key instrument for the successful application of deep learning in natural language processing. Additionally, we share pre-trained (...) legal word embeddings using the word2vec model over large corpora, comprised legislations from UK, EU, Canada, Australia, USA, and Japan among others. (shrink)

Aims To examine the understanding of the ethical dilemmas associated with Big Data and artificial intelligence (AI) among Jordanian medical students, physicians in training, and senior practitioners. Methods We implemented a literature-validated questionnaire to examine the knowledge, attitudes, and practices of the target population during the period between April and August 2023. Themes of ethical debate included privacy breaches, consent, ownership, augmented biases, epistemology, and accountability. Participants’ responses were showcased using descriptive statistics and compared between groups using t-test or (...) ANOVA. Results We included 466 participants. The greater majority of respondents were interns and residents (50.2%), followed by medical students (38.0%). Most participants were affiliated with university institutions (62.4%). In terms of privacy, participants acknowledged that Big Data and AI were susceptible to privacy breaches (39.3%); however, 59.0% found such breaches justifiable under certain conditions. For ethical debacles involving informed consent, 41.6% and 44.6% were aware that obtaining informed consent posed an ethical limitation in Big Data and AI applications and denounced the concept of “broad consent”, respectively. In terms of ownership, 49.6% acknowledged that data cannot be owned yet accepted that institutions could hold a quasi-control of such data (59.0%). Less than 50% of participants were aware of Big Data and AI’s abilities to augment or create new biases in healthcare. Furthermore, participants agreed that researchers, institutions, and legislative bodies were responsible for ensuring the ethical implementation of Big Data and AI. Finally, while demonstrating limited experience with using such technology, participants generally had positive views of the role of Big Data and AI in complementing healthcare. Conclusion Jordanian medical students, physicians in training and senior practitioners have limited awareness of the ethical risks associated with Big Data and AI. Institutions are responsible for raising awareness, especially with the upsurge of such technology. (shrink)

Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge (...) to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson’s terms. Second, we construct a _Legal Question Bank_, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive _CLIC Recommender_. Given a user’s verbal description of a legal situation that requires a legal solution, CRec interprets the user’s input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public. (shrink)

ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal frameworks were high across all (...) five scenarios. Nearly half of the participants provided responses that were discordant in all scenarios. Only two participants provided concordant responses across all five scenarios.DiscussionParticipants demonstrated a lack of knowledge about the legal frameworks, the locus of authority and the legal basis for decision-making. The findings raise concern about the accessibility of research for those who lack capacity, the ability to conduct research involving such groups and the impact on the evidence base for their care.ConclusionThis is the first study to examine health and social care professionals’ knowledge and understanding of the dual legal frameworks in the UK. Health and social care professionals’ understanding and attitudes towards research involving adults with incapacity may warrant further in-depth exploration. The findings from this survey suggest that greater training and education is required. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. (...) In this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

The manufacturing sector is considered a key driver of economic progress across different sectors. Industrial products typically enjoy higher "terms of trade," making them more profitable and generating greater added value compared to products from other sectors. This is due to the sector’s diverse range of products and its ability to offer substantial marginal benefits to users. As a result, business players including manufacturers, distributors, traders, and investors are more inclined to participate in this sector because of its attractive profit (...) margins. The government has implemented various initiatives to promote industrial development, which has in turn increased the demand for funding to support this growth, particularly in the industrial sector. In addition to relying on internal sources of finance, the government has been working to secure more external funding, such as foreign investment and foreign loans, to complement development efforts. Given the limited availability of funds, the government needs to adopt policies that open up more opportunities for both domestic and foreign private sector participation in national development. To support this, the government has enacted legislation such as Law No. 1 of 1967 on Foreign Investment (PMA) and Law No. 6 of 1968 on Domestic Investment (PMDN). These laws were later refined through Law No. 11 and Law No. 12 of 1970 and various deregulation policies, including the May 6, 1986 Package, Pakto 1993, and Government Regulation No. 20 of 1994. The government later reorganized its investment policies by passing Law No. 25 of 2007 concerning Capital Investment, which aimed to provide legal certainty, protection, and simplified licensing processes for both domestic and foreign investors. This law is designed to create a more favorable investment environment in Indonesia. (shrink)

The structures of discourse used by legal and ordinary languages share differences that foster technical issues when applying or fine-tuning general-purpose language models for open-domain question answering on legal resources. For example, longer sentences may be preferred in European laws (i.e., Brussels I bis Regulation EU 1215/2012) to reduce potential ambiguities and improve comprehensibility, distracting a language model trained on ordinary English. In this article, we investigate some mechanisms to isolate and capture the discursive patterns of legalese in order to (...) perform zero-shot question answering, i.e., without training on legal documents. Specifically, we use pre-trained open-domain answer retrieval systems and study what happens when changing the type of information to consider for retrieval. Indeed, by selecting only the important parts of discourse (e.g., elementary units of discourse, EDU for short, or abstract representations of meaning, AMR for short), we should be able to help the answer retriever identify the elements of interest. Hence, with this paper, we publish Q4EU, a new evaluation dataset that includes more than 70 questions and 200 answers on 6 different European norms, and study what happens to a baseline system when only EDUs or AMRs are used during information retrieval. Our results show that the versions using EDUs are overall the best, leading to state-of-the-art F1, precision, NDCG and MRR scores. (shrink)

In this paper we discuss a view of the Machine Learning technique called Explanation-Based Learning (EBL) or Explanation-Based Generalization (EBG) as a process for the interpretation of vague concepts in logic-based models of law.The open-textured nature of legal terms is a well-known open problem in the building of knowledge-based legal systems. EBG is a technique which creates generalizations of given examples on the basis of background domain knowledge. We relate these two topics by considering EBG''s domain knowledge as corresponding to (...) statute law rules, and EBG''s training example as corresponding to a precedent case. (shrink)

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects the (...) spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court. (shrink)

In this article, we review the intrinsic democratic flaws in electoral representation, lay out a set of principles that should guide the construction of a sortition chamber, and argue for the virtue of a bicameral system that combines sortition and elections. We show how sortition could prove inclusive, give citizens greater control of the political agenda, and make their participation more deliberative and influential. We consider various design challenges, such as the sampling method, legislative training, and deliberative procedures. (...) We explain why pairing sortition with an elected chamber could enhance its virtues while dampening its potential vices. In our conclusion, we identify ideal settings for experimenting with sortition. (shrink)

From 19th January 2013 there have been changes in the operation of driver training centres due to the legislation regarding vehicle drivers coming into force. Changes related to the conduct of driving schools concern four major areas. The first one is a new form of enrolment on driving courses by candidates for drivers, which is done by using the so-called Profile of Candidate for Driver (PCD) generated by the county authorities. The second aspect is the new formula of the (...) theoretical state examination. The third issue is the introduction of cash registers for the operators conducting drivers’ education. The fourth feature is the introduction of new categories of the driving license, in particular a category including two-wheeled vehicles. The existing regulations, as well as the huge competition in the market, have contributed to the fact that the activity of training of candidates for drivers has been dominated by the principle according to which the service must be performed in a cheap and fast way. It automatically translates into the low quality of training and the disregard of procedural steps associated with it. In practice, the lack of adequate control on the part of the state is the reason for the fact that driving has become an arbitrary function based on ruthless marketing and low-cost services. In this situation, ethical dilemmas arise that, in the author’s opinion, will not necessarily be resolved by the new legal standards for drivers. (shrink)

Train crashes cause, on average, a handful of deaths each year in the UK. Technologies exist that would save the lives of some of those who die. Yet these technical innovations would cost hundreds of millions of pounds. Should we spend the money? How can we decide how to trade off life against financial cost? Such dilemmas make public policy is a battlefield of values, yet all too often we let technical experts decide the issues for us. Can philosophy help (...) us make better decisions? Ethics and Public Policy: A Philosophical Inquiry is the first book to subject important and controversial areas of public policy to philosophical scrutiny. Jonathan Wolff, a renowned philosopher and veteran of many public committees, such as the Gambling Review Body, introduces and assesses core problems and controversies in public policy from a philosophical standpoint. Each chapter is centred on an important area of public policy where there is considerable moral and political disagreement. Topics discussed include: Can we defend inflicting suffering on animals in scientific experiments for human benefit? What limits to gambling can be achieved through legislation? What assumptions underlie drug policy? Can we justify punishing those who engage in actions that harm only themselves? What is so bad about crime? What is the point of punishment? Other chapters discuss health care, disability, safety and the free market. Throughout the book, fundamental questions for both philosopher and policy maker recur: what are the best methods for connecting philosophy and public policy? Should thinking about public policy be guided by an ‘an ideal world’ or the world we live in now? If there are ‘knock down’ arguments in philosophy why are there none in public policy? Each chapter concludes with ‘Lessons for Philosophy’ making this book not only an ideal introduction for those coming to philosophy, ethics or public policy for the first time, but also a vital resource for anyone grappling with the moral complexity underlying policy debates. (shrink)

This article points out how far-reaching the changes in our public life would actually have to be if we wanted to avoid paternalism altogether. For example, the widespread view that only a physician with training at a recognized institution should be allowed to perform surgery or that only an educated lawyer may provide legal council is clearly paternalistic. In fact, many professional regulations, not just in medicine and law, but also in engineering and many other areas of expertise, have (...) a strongly paternalistic function. Moreover, this problem is located in a sphere that is neither clearly private, nor seems to be part of a state-legislated public sphere. Professional organizations are neither governments, nor necessarily democratic, but they are often state-certified and produce binding regulations for issues of public interest. The author bites the bullet and accepts professional paternalism, while insisting that special care should be placed on how to design an appropriate professional code of conduct. (shrink)

This descriptive study gathers and questions general evidence on the quality of life experienced by medical residents during postgraduate training. The information was obtained from five databases during a period of four months in 2014. For the most part, it highlights dozens of studies that call attention to burnout as a condition that affects the quality of life of medical residents and health workers. The emphasis on deterioration in quality of life focuses on the symptoms of professional attrition that (...) negatively impact a person's health and their subjective sense of personal satisfaction. Although most quality-of-life scales are focused on patients, some of them could be used to assess the learning and working conditions of medical residents, so as to bring them in line with the objectives of legislation, ethics and the universal aspiration for health. The conclusion is that reconsideration is necessary, based on principles of ethics, health and organizational psychology that could benefit the physician in training and have an impact on the quality of health care. (shrink)

The purpose of this text is to draw attention to eight forgotten heroes: William C. Bagley, Charles DeGarmo, David Felmley, William Torrey Harris, Isaac L. Kandel, Charles McMurry, William C. Ruediger, and Edward Austin Sheldon. They have been marginalized from our profession, and drawing upon their legacy is the best hope for restoring the profession of teaching today. This work also includes a chapter at the end of the book entitled "John Dewey's Forgotten Essays." The audience for this book includes: (...) 1) classroom teachers, 2) school administrators, 3) teacher educators, 4) deans and other university administrators, 5) college and university presidents, 6) legislators, 7) historians of education, 8) curriculum specialists, 9) specialists in teacher training, and 10) the general public. (shrink)

Like most goods‐producing sectors in the West, modern health‐care systems have been profoundly changed by globalization and the neoliberal policies that attend it. Since the 1970s, the role of the welfare state has been considerably reduced; funding and management of health systems have been subjected to wave upon wave of reorganization and assimilated to the private sector. At the same time, neoliberal policy has imposed the notion of patient empowerment, thus turning patients into consumers of health. The literature on nursing (...) has accordingly reported on the significant repercussions on all aspects of the profession, from delivery of care and treatment, through training for new nurses, to legislated policy reforms regarding the role and responsibilities of modern nurses. In light of these developments, this paper analyses and theorizes about the way the injection of neoliberal policy is linked to and affects the practice of nursing. Drawing on a number of Nietzschean arguments, we begin with an exploration of the complex effects of neoliberalism, bureaucratization, and technocratization on the health system and the practice of nursing. Our main theoretical point here is that neoliberal policy engenders and promotes a neoliberal tide, which results in the conversion of the values that drive modern nursing practice. We then examine this tide in the light of Nietzsche's concepts. Starting with an analysis based on the ontology of the will to power, we show that nurses are dominated by neoliberal values embedded in technocratic and bureaucratic ideologies. Finally, we argue that the application of neoliberal policy constitutes a form of domestication from which one might potentially be freed through the Nietzschean concept of transvaluation of values. This transvaluation, as its freeing from some of the neoliberal tide, may be accomplished in accordance with a hierarchy of specific life‐affirming values for nursing culture and practice. (shrink)

Background and purpose Educators’ ethical competence is of crucial importance for developing students’ ethical thinking. Previous studies describe educators’ ethical codes and principles. This article aims to widen the understanding of health- and social care educators’ ethical competence in relation to core values and ethos. Theoretical background and key concepts The study is based on the didactics of caring science and theoretically links the concepts ethos and competence. Methods Data material was collected from nine educational units for healthcare and social (...) service in Finland. In total 16 semi-structured focus group interviews with 48 participants were conducted. The interviews were analysed with a thematic analysis according to Braun and Clarke. Ethical considerations The study is approved by the Declaration of Helsinki, the legislation regarding personal data and the General Data Protection Regulation. The study received ethical permission from the University of Jyväskylä. Informed consent was obtained from all the educational units and participants in the study. Findings The findings are presented based on three general patterns, an ethical basic motive, an ethical bearing and ethical actions. Subthemes are Humane view of students as unique individuals with individual learning, Bearing of tactfulness and firmness, Bearing of perceptiveness and accessibility, Bearing of satisfaction and joy over student learning, Valuing bearing towards each oneself and colleagues, Ability to interact and flexibility, Collegiality and a supportive work community and Educators as role models and inspirators. Conclusion Educators’ personal and professional ethos is crucial to student learning, personal growth and ethical reasoning. Therefore, it is important to further develop educators’ training regarding ethical competence. (shrink)

The graduate course in research ethics in the Graduate School for Integrative Sciences and Engineering at the National University of Singapore consists of a semester long mandatory course titled: “Research Ethics and Scientific Integrity.” The course provides students with guiding principles for appropriate conduct in the professional and social settings of scientific research and in making morally weighted and ethically sound decisions when confronted with moral dilemmas. It seeks to enhance understanding and appreciation of the moral reasoning underpinning various rules (...) and legislative constraints associated with research subjects and procedures. Further, students are trained to critically analyse cases and issues associated with scientific misconduct preparing them to act in a responsible and effective manner should they encounter such cases. The diverse background and training of the cohort also provide a unique setting and opportunity for student-initiated collaborative interdisciplinary learning. This article offers a reflective account of the course and some preliminary insights into learning outcomes. (shrink)

According to UNESCO guidelines, one of the four forms of bioethics committees in medicine are the Hospital Ethics Committees. The purpose of this study was to evaluate how the above guidelines are implemented in real practice. There were 111 hospitals selected out of 176 Polish clinical hospitals and hospitals accredited by Center of Monitoring Quality in Health System. The study was conducted by the survey method. There were 56 hospitals that responded to the survey. The number of HECs members fluctuated (...) between 3 and 16 members, where usually 5 members were part of the board committee. The composition of the HECs for professions other than physicians was diverse and non-standardized. Only 55 % of HECs had a professional set of standards. 98 % of HECs had specific tasks. 62 % of HECs were asked for their expertise, and 55 % prepared <6.88 % of the opinions were related to interpersonal relations between hospital personnel, patients and their families with emphasis on the interactions between superiors and their inferiors or hospital staff and patients and their families. Only 12 % of the opinions were reported by the respondents as related to ethical dilemmas. In conclusion, few Polish hospitals have HECs, and the structure, services and workload are not always adequate. To ensure a reliable operation of HECs requires the development of relevant legislation, standard operating procedures and well trained members. (shrink)

Drawing from my previous experiences as an Approved Social Worker and my current experiences as a social work educator, this paper will explore the issues that mental health professionals, and specifically social workers, will face when confronted with the requirement to make decisions that are contrary to the emancipatory values that may have been inculcated in them during their period of training. The controlling nature of statutory social work in particular will be investigated and an assessment of its impact (...) will be offered. The legislative system in the United Kingdom dictates that one piece of legislation can override another in certain instances. In applying this phenomenon, the argument will be made that social workers are increasingly required to override certain values to accomplish the desired outcomes of their position. Ethical issues and the concept of care versus control will be assessed in an attempt to rationalize the problems faced by many of today's mental health social workers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy—Aesthetics—Education:Reflections on DanceTyson Lewis (bio)To create is to lighten, to unburden life, to invent new possibilities of life. The creator is legislator—dancer.—Gilles Deleuze, Pure ImmanenceThe Italian philosopher Giorgio Agamben is perhaps best known for his ongoing interest in the problem of "biopower." Taking up where Michel Foucault ended, Agamben argues that the principle political and philosophical questions of the moment concern the connections between life and power. In this (...) sense, he stands in diametric opposition to one of the leading French intellectuals of our times: Alain Badiou. For Badiou, the key question of the present is not so much power and the body as it is the ethics of truth. According to Agamben, Badiou's project has abandoned thinking about the biopolitics of life and as such is both philosophically and politically suspect. But does Agamben's critique prematurely dismiss Badiou? In other words, does his critique prevent us from recognizing the precise location of biopolitics in Badiou's work? It is my contention that we must read Badiou not against but from within a biopolitical framework in order to realize both the validity of Agamben's criticism and its limitations. In fact, it is through the critical lens of biopolitical theory that we can begin to see the unique links in Badiou's thinking between aesthetics, the body, and education. In conclusion, I argue that Agamben provides insights missed by Badiou's reduction of the animal body to the disavowed grounds for the grace and beauty of truth, while at the same time Badiou provides Agamben's own theory of biopolitics with a unique educative practice: the practice of dance.Here I would like to justify this philosophical inquiry for educational theorists. With the fate of art-based educational programs uncertain in the [End Page 53] face of standardization, it is perhaps time to reassess legitimating claims for retaining arts education programs. By reading Badiou through Agamben, I hope to provide a new reason for advocating the centrality of dance in educational programs and assert the inherently educative qualities of movement-based curricula. Second, I hope to suggest in my conclusion that dance is an important form of educational practice antithetical to current forms of capitalist "bioproduction." As such, I will link together my own theory of dance education with the critical pedagogical tradition in order to anchor the "utopian imagination" in a practice of the body. This is an attempt to fill in a rather vague sphere of critical pedagogical research and theory: aesthetic practice. Overall, this article will bring together two important philosophical traditions—Agamben's biopolitical theory and Badiou's theory of truth—in order to examine their relation to education and, in turn, how education is a central concept for thinking through contemporary continental philosophical traditions.Biopower and Event: Situating the Subject in Relation to TruthMichel Foucault first coined the theoretical concept "biopower" in his work on the history of sexuality.1 In order to understand Foucault's meaning we must first separate biopower from sovereign power, which is characterized by the "right to decide life and death."2 The sovereign—which for Foucault is not simply a form of territorial rule but is a principle of power relations—decides who lives and who dies. Power here is the power of the sword that marks the body directly through overt forms of public torture and violence. But in the classical age and with the rise of capitalist social relations, the form and function of power switched. Famously, Foucault wrote that the highest function of power "was perhaps no longer to kill, but to invest life through and through."3 This new form of power—whose concern was no longer death but the maintenance and regulation of life—operates on two interconnected levels. First, biopower conceives of the body as a machine, which must be disciplined in order to be made more efficient. Here, power acts as microphysics, training the individual body in order to reach a high level of social efficiency. Second, on the macro level, biopower transforms the populous into a population that has to be carefully regulated in terms of propagation rates, health levels... (shrink)

In 1985, after nearly a decade of inconclusive professional response to public concern about misconduct in research, Congress passed legislation requiring action. Subsequent to this legislation, federal agencies and research universities adopted policies for responding to allegations of misconduct in research. Conferences, sessions at professional meetings, and special publications were organized. New educational initiatives were begun, many in response to a 1989 National Institutes of Health/ Alcohol, Drug Abuse, and Mental Health Administration requirement to include ethics instruction in training (...) grants. Notwithstanding a few key unresolved issues, such as the lack of a uniform federal definition of misconduct in research, the years since 1985 have witnessed a marked change in the professional response to misconduct in research. This paper evaluates the change since 1985 from the perspective of three key goals: 1) confronting misconduct, 2) promoting integrity and 3) ensuring integrity. While significant progress has been made in achieving the first two goals, the third remains largely unaddressed. The latter is due to the fact that researchers have not been interested in studying the integrity of their own profession. It is therefore suggested that studies are needed of routine or normal research practices and their impact on integrity for use in making decisions about research conduct policy. (shrink)

By comparative analysis of selected historical and contemporary pedagogical documents, professional development is recognized as a permanent and inseparable component of the teaching profession. Continuous training of educators is unfairly attributed only to the time of the lifelong education paradigm. Since its beginnings and attempts at legislation and its social establishment, pedagogical theorists have prescribed the continuing need for professional development for the purpose of professional development and career advancement, as well as the obligation of continuous learning. Already in (...) the first legal document of 1874, individual and extended education of all teachers was prescribed. In this way, professional development becomes a key component of the teaching profession and later of all educational staff. The analysis of historical documents has determined the one hundred and fifty-year legal and statutory regulation of a permanent obligation for the professional development of teachers, which is often not achieved in practice. After reaching the university level of initial education of all teachers, it is necessary to create the conditions for their systematic and effective professional development. (shrink)

States and societies are increasing concerned about issues associated with population diversity. When it comes to making legislative and political decisions, one sees a constant dissociation between the use of demographic concepts, demography and health and bioethics, along with very little academic impact and awareness in this area. The vast majority of countries lack an ethical framework that guarantees non-manipulation of the human being. The objectives of population policies go against children, the elderly and the disabled; their foundation is (...) more ideological and utilitarian in nature. Opportunities for academic training and awareness on this subject are lacking. (shrink)

This paper from the dilemma of the modern super-g to re-read and judge the angle of the Chinese New Scholasticism. Western modern legislation based on human subjectivity, emphasizing human reason, and who constructed the appearance of culture. In which, with the appearance of the main building through rational, manipulation of power, domination of others and otherness, creating a solid all embarrassed, defects clusters. Neo-Confucian emphasis on human subjectivity and for the reconstruction of Chinese philosophy and laid a priori basis for (...) China's modernization, but ignoring the dimension of otherness, especially those who ignore the people he's the ultimate open. Contemporary Neo-Confucian philosophy as a subject, "benevolence" as the self-love and not to speak of ethics and practice, not easy to overcome the dilemma of modernity. By comparison, Catholic scholars of contemporary China, especially Chinese New Scholastic Philosophy, in the process of integration of Chinese culture, emphasizes the human spirit to live straight, but still trying to maintain the relationship of ultimate otherness. Although they used the interpretation of the Christian faith, not necessarily the history of Chinese philosophy, the image, but their efforts to point out that Chinese culture and Chinese philosophy about human nature has not of intrinsic dimension beyond, and to promote and practice of true humility has , Love and Love of ethics, is indeed precious. Philosophy they create, from the ontology, cosmology, human nature, ethics, training Jilun point of view, the plight of modern super-g. Due to space limitations, this article cite Yu Bin , Lo Kuang , Li Zhen three to illustrate their ideas into practice and how can the life of the plight of the modern super-g. This paper re-reads and re-assesses the development of 'Chinese Neo-Scholasticism in terms of its potential to overcome the malaise of modernity, which has been caused by the self-enclosure of human subjectivity, the culture of representations, impoverishment of human reason, and the tendency towards domination by the will to power that characterize Modernity. Different from it, Modern New Confucianism keeps itself to the self-enclosed human subjectivity, without the love for many others, with their strong discourse and weak praxis, and therefore still belongs to modernity and is unable to overcome its malaise. In comparison, Chinese Neo-Scholasticism, in its attempt of synthesis with Chinese philosophy, is open to God, to all things in the universe, to other people, and to love them in their life praxis, it does not allow the self-enclosure of human nature. Even it what they interpret is not necessarily the historical image of Chinese philosophy, their effort in keeping irreducible human nature's openness to God arid many others is very significant today. The philosophical system they build, containing diverse dimensions such as ontology, cosmology, theory of human nature, ethics, theory of self-cultivation, philosophy of culture and philosophy of education ... etc., and their actualization of 'their ideas in their life praxis, indeed offer a way of life and thinking that is capable of 'overcoming the malaise of modernity. This paper will take Cardinal Yu Bin, Archbishop Lo Kuang and Mgr. Gabriel Li, and their theories and life praxis as examples of analysis. (shrink)

Si durante siglos el Derecho Eclesiástico se identificó con el conjunto de normas emanadas de la Iglesia Católica, considerándose como sinónimo del Derecho Canónico, el proceso histórico de formación del mismo se iniciaría cuando el Estado se considera legitimado para legislar en materias eclesiásticas, defendiendo su propia soberanía frente al monopolio de la competencia del Derecho de la Iglesia, hasta entonces pacíficamente reconocido, fenómeno que se produjo de forma diversa en los países católicos que en aquellos en que triunfó la (...) reforma protestante. Su consolidación como Ciencia jurídica autónoma, primero en Italia y, posteriormente en España, desde la perspectiva actual del Estado moderno, no se explica ya, sin embargo, como el fruto de un intervencionismo estatal en materia religiosa sino sobre la base del reconocimiento, tutela y promoción de los derechos humanos y, en particular, del derecho de libertad religiosa.If the historical training process of the Ecclesiastic Law was begun when the State was considered legitimated to legislate in ecclesiastic matters, defending its own front sovereignty against the monopoly of the domain of the Law of the Church, at present, its consolidation as autonomous legal Science has been possible thanks to the recognition, tutela and promotion of the human rights and, in particular, of the right to religious freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.2 (2002) 215-224 [Access article in PDF] Bioethics Inside the Beltway Expanding Human Research Oversight Ellen Holt [Table]Overwhelmed by all the changes and proposed changes in the system to ensure human subject protection? It is an important subject and one in which everyone is interested. Being for human subject protection is like being for Mom. However, we all know that Mom sometimes can be (...) a handful! So I shall quickly review how we got to where we are, what is being done, and who is doing it. The table at the end of this article provides an additional summary of the current state of human subject protections. How We Got Here The current system of human subject protection was built 30 years ago with Institutional Review Boards (IRBs) as the cornerstone. Some well-publicized system failures in the last decade prompted evaluations that identified increasing volume and research complexity as primary threats to the system's effectiveness. In response, the Department of Health and Human Services (DHHS) Office of Inspector General (OIG 1998), and the National Bioethics Advisory Commission (NBAC 2001) issued recommendations calling for education and reform. Since then, initiatives in pursuit of these objectives have been rolling out non-stop. What Is Being Done The Office of Human Research Protections (OHRP) is leading the effort for DHHS, holding noncompliant research organizations accountable, while expanding the government's capacity for oversight, monitoring, and educating the research community. OHRP already has leveraged resources by: (1) implementing a unified federal registration system for all IRBs that identifies where IRBs are, how they are constituted, what kinds of research they are reviewing, and what volume of work they handle; (2) implementing a streamlined assurance process allowing all federal agencies to recognize a single, common assurance and avoid redundancy. The assurance is a commitment from any entity that receives federal funds for research to follow federal rules for protection of research subjects; and (3) redeploying resources from the process of negotiating assurances to supporting [End Page 215] quality improvement, including increasing the number site visits and providing IRBs with tools for self assessment and guidance for improvement.The goal is to prevent problems before they occur, and positive reinforcement and supportive training are the preferred themes. OHRP does wield a big stick and can shut down clinical studies in response to lax oversight, but it also has developed a big carrot by creating a national awards program to recognize excellence in protection of human research subjects—e.g., best practices, innovations in protecting research volunteers, and lifetime achievement for outstanding protection activities.Dr. Greg Koski, Director of OHRP, also is working with other government agencies to consolidate and build a comprehensive program. OHRP has four goals for a new oversight framework: Simplicity, Uniformity, Efficiency and Effectiveness. Selecting representatives from throughout the federal government, Dr. Koski has created the "SUEE" task force to identify and eliminate inefficiencies between the various agencies' human testing regulatory approaches. In addition, the SUEE task force will suggest improvements to current OHRP practices that can be achieved relatively quickly and easily.OHRP is working in concert with the Food and Drug Administration (FDA), which in October 2001, established the Office of Good Clinical Practice (OGCP) to improve the conduct and oversight of clinical research and to promote the protection of participants in FDA-regulated clinical research. Congressional Developments Although Dr. Koski is leading an aggressive charge to consolidate oversight across the federal government, many feel that reform will require legislation to succeed.Action on Capitol Hill is encouraging Bush administration efforts to reform oversight of clinical research. The House International Relations Committee has approved a measure that protects individuals in clinical trials overseas. A six-part Washington Post series (17-22 December 2000), "The Body Hunters," prompted an amendment to the Export Administration Act that, if finalized, will require drug companies to show that a U.S. ethics committee has approved the clinical trial as part of the application for authorization to export the investigational product.Members of Congress also are considering legislation to expand federal oversight of... (shrink)

Biomedical research has a strong impact on a country’s scientific-technological and socioeconomic development. It can make a significant contribution at three different levels: promotion of public health; the exchange of knowledge within the scientific community; and economic/ financial profitability. Africa only attracts ~3.3% of the world’s clinical research. This small proportion is due to, among several factors, the absence of two fundamental aspects: specific robust legislation and capacity for regulatory and ethical evaluation. There are five Portuguese- speaking African countries – (...) Angola, Cabo Verde, Guinea-Bissau, Mozambique and São Tomé and Príncipe. Despite presenting different degrees of clinical research development, these countries show a common serious insufficiency in the minimum conditions necessary for hosting, collaborating or leading biomedical research projects. These countries are also excluded from the support of international organisations for capacity building because of the language barrier. The Biomedical Ethics and Regulatory Capacity Building Partnership for Portuguese-Speaking African Countries project has developed methods to build capacity and partnership through research on national law, comparisons with international standards and by issuing recommendations at a national level. Through collaborative intensive training, trainees are taught to become educators at a national level. This, in turn, creates a sustainable impact at country level. BERC-Luso is a pioneering project, owing to a combination of innovative features. The partnership project: was developed exclusively in Portuguese; involves a large number of African countries, and national and international institutions; has been further enhanced by the diversity and complementarity of its action plans; and has also benefited from a broad participatory methodology based on resolution of recipients’ problems by the recipients themselves. It thus stands out as a model for similar future projects. (shrink)

Unconsented intimate exams on men and women are known to occur for training purposes and diagnostic reasons, mostly during gynecological surgeries but also during prostate examinations and abdominal surgeries. UIEs most often occur on anesthetized patients but have also been reported on conscious patients. Over the last 30 years, several parties—both within and external to medicine—have increasingly voiced opposition to these exams. Arguments from medical associations, legal scholars, ethicists, nurses, and some physicians have not compelled meaningful institutional change. Opposition (...) is escalating in the form of legislative bans and whistleblower reports. Aspiring to professional and scientific detachment, institutional consent policies make no distinction between intimate exams and exams on any other body part, but patients do not think of their intimate regions in a detached or neutral way and believe intimate exams call for special protections. UIEs are found to contribute to moral erosion and moral distress of medical students and compromise the sacred trust between the medical community and the general public. This paper refutes the main arguments in favor of the status quo, identifies a series of harms related to continuing the current practice, and proposes an explicit consent policy for intimate exams along with specific changes to medical school curriculum and institutional culture. Because patients are the rights-holders of their bodies, consent practices should reflect and uphold patient values which call for explicit consent for intimate exams. (shrink)

As mental health nursing roles expand, is education expanding mental health nurses? an emotionally intelligent view towards preparation for psychological therapies and relatedness Mental health nurses (MHN) in the UK currently occupy a challenging position. This positioning is one that offers a view of expanding roles and responsibilities in both mental health act legislation and the delivery of psychological therapies, while simultaneously generic pre‐registration training is being considered. Clearly, the view from this position, although not without challenge and internal (...) discipline dispute, can also offer growing professional prestige, influence and respect from other health disciplines, as well as the wider public. Conversely, if the training, education and strategic enactment for new MHN roles is formulated and delivered from predominantly non‐MHN axiomatic and epistemological stances, MHN identity can be seriously and potentially permanently diminished. This paper offers the construct of emotional intelligence as a framework to respond to these future challenges through making individual MHN enablement a primacy. This enablement of MHNs through enhanced emotional intelligence competencies is argued as requiring priority over the standard approach of enhancing strategies alone. (shrink)

This article presents an attempt to analyze the specifics of ethical norms in the work of psychologists in Ukraine, with an analysis of historical preconditions, current challenges and cultural characteristics. Ukraine, as a modern developing country striving for integration into the European space, is intensively developing psychology and trying to overcome the problems that it has today. Having well-trained psychologists, psychology in Ukraine has many vulnerabilities, such as the lack of legislation in this field and licensing. Professional communities, by virtue (...) of their competencies, strengthen psychology in Ukraine through an attempt to implement ethical standards and highlight problematic topics. The article contains a review of Ukrainian psychologists’ understandings of confidentiality, informed consent and multiple relationships. This paper is an analysis and attempt to explain to the reader potential areas of growth and the unique cultural formations that we have in our practical work today. This exploration includes factors such as the features of importance in the relationship between a psychologist and a client in the Ukrainian context, and the historical, social, economic, cultural, and political factors that influence the perception of ethical standards among Ukrainian psychologists. (shrink)

Are federal prosecutions of non-federal officials for corruption likely to improve non-federal government? This essay suggests that such prosecutions can undermine the distinctive style of democracy at the state and local level, an effect that can be harmful to democracy in America overall. This conclusion rests on a larger argument about the different nature of federal and non-federal democracy in the United States. To insure that each official maintains impartial loyalty to values defined by a single, popularly accountable policymaker, the (...) federal system of bureaucratic populism strictly separates the officials’ public and private interests, through various devices such as civil service protection for executive officials, Article III life tenure, and fixed salary for federal judges, specialized training for federal officers, and conflict-of-interest rules that bar federal officers from acting when their judgment could be compromised by private interests. By contrast, participatory populism rejects this separation of the public and private spheres, instead mixing professional and lay decision-making by using thousands of part-time, under-paid executive and legislative officers who are expected to have substantial private interests in the communities that they represent. The essay argues that each style of democracy has mutually exclusive advantages and disadvantages. However, enforcement of federal anticorruption law against non-federal democracies can undermine their system of mingled private and public interests, reducing the degree to which such governments can provide laypersons with opportunities for political activity. As an illustration of the overextension of federal criminal law, I examine the First Circuit’s interpretation of 18 U.S.C. §§ 1341 and 1346, the federal mail fraud statute in United States v. Sawyer. Sawyer comes dangerously close to declaring that any undisclosed state or local officer’s conflict of interest constitutes a violation of § 1346 when it involves the U.S. mails. I argue that this view of § 1346 is an error. Participatory populism requires that private and public tasks be closely mingled in ways that bureaucratic populism forbids. Undoubtedly, this mixture of public and private creates a risk that public office will be used for private gain. However, it also avoids some of the bureaucratic sclerosis and lack of lay participation that can be endemic to the more centralized federal tradition. In conclusion, I suggest that federal prosecutors ought to content themselves with using § 1346 to enforce already-existing state criminal conflict-of-interest rules, for the sake of preserving a place in our federal regime for participatory populism. (shrink)

In this paper, we examine the qualitative moral impact of machine learning-based clinical decision support systems in the process of medical diagnosis. To date, discussions about machine learning in this context have focused on problems that can be measured and assessed quantitatively, such as by estimating the extent of potential harm or calculating incurred risks. We maintain that such discussions neglect the qualitative moral impact of these technologies. Drawing on the philosophical approaches of technomoral change and technological mediation theory, which (...) explore the interplay between technologies and morality, we present an analysis of concerns related to the adoption of machine learning-aided medical diagnosis. We analyze anticipated moral issues that machine learning systems pose for different stakeholders, such as bias and opacity in the way that models are trained to produce diagnoses, changes to how health care providers, patients, and developers understand their roles and professions, and challenges to existing forms of medical legislation. Albeit preliminary in nature, the insights offered by the technomoral change and the technological mediation approaches expand and enrich the current discussion about machine learning in diagnostic practices, bringing distinct and currently underexplored areas of concern to the forefront. These insights can contribute to a more encompassing and better informed decision-making process when adapting machine learning techniques to medical diagnosis, while acknowledging the interests of multiple stakeholders and the active role that technologies play in generating, perpetuating, and modifying ethical concerns in health care. (shrink)

Excerpt: IT will lead into my subject most conveniently to contrast and separate two divergent types of mind, types which are to be distinguished chiefly by their attitude toward time, and more particularly by the relative importance they attach and the relative amount of thought they give to the future. The first of these two types of mind, and it is, I think, the predominant type, the type of the majority of living people, is that which seems scarcely to think (...) of the future at all, which regards it as a sort of blank non-existence upon which the advancing present will presently write events. The second type, which is, I think, a more modern and much less abundant type of mind, thinks constantly and by preference of things to come, and of present things mainly in relation to the results that must arise from them. The former type of mind, when one gets it in its purity, is retrospective in habit, and it interprets the things of the present, and gives value to this and denies it to that, entirely with relation to the past. The latter type of mind is constructive in habit, it interprets the things of the present and gives value to this or that, entirely in relation to things designed or foreseen. While from that former point of view our life is simply to reap the consequences of the past, from this our life is to prepare the future. The former type one might speak of as the legal or submissive type of mind, because the business, the practice, and the training of a lawyer dispose him toward it; he of all men must constantly refer to the law made, the right established, the precedent set, and consistently ignore or condemn the thing that is only seeking to establish itself. The latter type of mind I might for contrast call the legislative, creative, organizing, or masterful type, because it is perpetually attacking and altering the established order of things, perpetually falling away from respect for what the past has given us. It sees the world as one great workshop, and the present is no more than material for the future, for the thing that is yet destined to be. It is in the active mood of thought, while the former is in the passive; it is the mind of youth, it is the mind more manifest among the western nations, while the former is the mind of age, the mind of the oriental. Things have been, says the legal mind, and so we are here. The creative mind says we are here because things have yet to be. Now I do not wish to suggest that the great mass of people belong to either of these two types. Indeed, I speak of them as two distinct and distinguishable types mainly for convenience and in order to accentuate their distinction. There are probably very few people who brood constantly upon the past without any thought of the future at all, and there are probably scarcely any who live and think consistently in relation to the future. The great mass of people occupy an intermediate position between these extremes, they pass daily and hourly from the passive mood to the active, they see this thing in relation to its associations and that thing in relation to its consequences, and they do not even suspect that they are using two distinct methods in their minds. As well known as HG Wells is for his science fiction, this is simply HG Wells discussing our view of the present and the future and various nuances related to both. Very interesting. (shrink)

Within Western European countries the number of women and girls already genitally mutilated or at risk, is rising due to increasing rates of migration of Africans. The article compares legislative and ethical practices within the medical profession concerning female genital mutilation (FGM) in these countries. There are considerable differences in the number of affected women and in legislation and guidelines. For example, in France, Great Britain and Austria FGM is included in the criminal code as elements of crime, whereas (...) in Germany and Switzerland FGM is brought to trial as bodily injury. So far trials only in France and Switzerland in connection with FGM resulted in convictions. France and Great Britain as former Colonial countries serve as an example of countries with a comparably great number of African immigrants. These countries have the best possibilities to intervene preventatively, due to legislation and detailed medical guidelines. For instance, an obligation exists in France to inform administrative and medical authorities if FGM is suspected. FGM so far is not explicitly part of the curriculum for medical training in any of the examined countries. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IRBs Under the MicroscopeJonathan D. Moreno (bio)The spring and summer of 1998 were seasons in the sun for institutional review board (IRB) aficionados. Rarely have the arcana of the local human subjects review panels been treated to so much attention in both the executive and the legislative branches of government, not only at the federal but also at the state level. And it looks as if the attention (...) will continue for some time. The spate of interest is due to a series of coincidences: a powerful House of Representatives subcommittee held hearings after its chairman learned about the IRB system during a previous session on research in underdeveloped communities; the Department of Health and Human Services’s Inspector General (DHHS-IG) released a report on IRBs; the National Institutes of Health (NIH) Office of Extramural Research completed a report on clinical trial monitoring; the National Bioethics Advisory Commission (NBAC) readied a report on research involving persons with mental disorders; the states of Maryland and New York completed studies of research with subjects who lack decision-making capacity; and advocacy groups protested a psychiatric research project involving inner city children.Underlying these proximate causes for the IRB blitz is a growing realization that the already considerable clinical trial enterprise will expand significantly over the next few years. Congress is talking about giving the politically popular NIH half again the budget it currently receives, which in turn will stimulate more commercially supported research. The director of the National Cancer Institute is considering a five-fold increase in the number of subjects enrolled in oncology studies over the next several years. Phase I cancer studies are among the most ethically sensitive, so IRBs will have more work cut out for them if this goal is reached. Adding to the rush of interest in IRBs are the government’s recent apology to the survivors of the syphilis study in Tuskegee, continuing congressional dissatisfaction with the way the Pentagon handled its vaccine distribution during the Gulf War, and the controversy about AZT trials in developing countries.On the HillCongressman Christopher Shays, the moderate Connecticut Republican who has developed an interest in human research issues, convened hearings on human [End Page 329] subjects research and the IRB system on 11 June 1998. Shays chairs the House Government Reform/Human Resources Subcommittee. The committee’s ranking minority member is Edolphus Towns of Brooklyn, NY, who shares Shays’s interest in this area.The immediate rationale for the hearings was the release that day of the DHHS-IG report, Institutional Review Boards: A Time for Reform. The subtitle was changed from A System in Jeopardy apparently after some people in DHHS expressed reservations about its seemingly alarmist tone, but the IG staffers who testified before Shays’s subcommittee insisted that they stood behind the message that the IRB system is in trouble if considerable reforms are not undertaken. Among the factors in the research environment cited as support for the bleak forecast: managed care, commercialization, multi-site trials, high IRB workloads, minimal IRB oversight of approved studies, conflicts of interest, insufficient training of IRB members and investigators, and lack of IRB self-studies (DHHS-IG 1998).As is normally the case for congressional oversight hearings, the first panel of witnesses consisted of executive branch officials, including Eric Meslin, Executive Director of the National Bioethics Advisory Commission, and Gary Ellis, Director of the Office for Protection from Research Risks (OPRR). Shays pressed Ellis on the extent to which OPRR conducts on-site investigations of complaints about abuse of human subjects. Admitting that on-site investigations are rare, Ellis suggested that the agency is inadequately staffed to follow up on complaints as quickly as it might wish. The members of Congress who were present at the hearings generally expressed concern about the DHHS-IG’s findings.The second panel that day, which Shays was unable to attend, set a different tone. Four of the panelists—Paul Appelbaum of the University of Massachusetts at Worcester, Robert Levine of Yale University, Angela Bowen of the Western IRB (a private clinical trials review firm), and I—were invited as authorities on the current condition of the IRB system. Bert Spilker... (shrink)

Future of religious observance.--Some thoughts on the transition from paganism to Christianity.--The civilization of Christendom.--Old problems under new names.--Are we agnostics?--The communication of moral ideas as a function of an ethical society.--Right and wrong in feeling.--Training in enjoyment.--Luxury and refinement.--The antithesis between individualism and socialism philosophically considered.--Liberty and legislation.

Human and veterinary medicine have many commonalities. The split into distinct disciplines occurred at different times in different places. In Europe, the establishment of the first veterinary universities towards the end of the 18th century was triggered by ravaging rinderpest epidemics and the increasing importance of livestock for draft, food supply, and war fare. Given this background, would it make sense to combine human, animal, traditional and modern medicine in healthcare provision, especially in less developed countries? Such a “one-medicine” approach (...) could enhance biomedical progress, improve the outreach of medical and veterinary services especially in remote areas, offer greater choices to patients, and make healthcare more culturally appropriate. On the other hand, it would require generalists rather than specialists and rare diseases may go unrecognized. The commonalities of human and veterinary medicine and the financial constraints many governments are presently facing are arguments in favor of a “one-medicine” approach, while status thinking, education systems, administrative structures, and legislations hinder its implementation. There are no instant recommendations for the application of one medicine but governments and development professionals need to generate fine-tuned, location-specific healthcare solutions. Advocacy, changes in education and training, the creation of institutional linkages, and the removal of legal barriers could help overcome obstacles. (shrink)

There is an increasing movement toward accessibility in arts spaces, including recent legislative changes and commitments at individual, organizational, and systemic levels to integrating access into the arts across Canada. In this article, we explore Relaxed Performance in the context of this movement. We present the results of a reflexive thematic analysis of interviews conducted with participants who completed RP training offered by the British Council to. understand the training’s effectiveness and impact. We explore the significance of (...) the training, and of RP in general, and in relation to disability studies and cultural and political activism. We undertake this exploration against a backdrop of interrogating who RP is for and by. The themes we describe are: Committed to Access, Training is Critical, Inviting Bodies to be Bodies, and Imagining Audiences. These themes tell a story of how RP relates to broader access work, the importance of training grounded in and led by disability/difference, the need to consider the relationships between bodies and spaces, and the tensions inherent to billing RP as “for all.” We conclude with an exploration of possible modifications, enhancements, or theoretical imaginings that could help RP to become more radically open to difference as it emerges, shifts, and changes. (shrink)

Background Even though we are now well into the 21st century and notwithstanding all the abuse to individuals involved in clinical studies that has been documented throughout History, fundamental ethical principles continue to be violated in one way or another. Discussion Here are some of the main factors that contribute to the abuse of subjects participating in clinical trials: paternalism, improper use of informed consent, lack of strict ethical supervision, pressure exerted by health institutions to increase the production of scientific (...) material, and the absence of legislation regarding ethics in terms of health care and research. Are researchers ready to respect fundamental ethical principles in light of the ample window of information provided by individual genomes, while defending the rights of the subjects participating in clinical studies as a major priority? Summary As one of the possible solutions to this problem, education regarding fundamental ethical principles is suggested for participants in research studies as an initial method of cognitive training in ethics, together with the promotion of ethical behavior in order to encourage the adoption of reasonable policies in the field of values, attitudes and behavior. (shrink)

Improving the Odds: Raising the Class is a book aimed at legislators, school administrators, home school advocates, and college and university professors which examines the education system and provides a paradigm for improvement. The aim of this book is to find simple ways to approach improving the school system in America based on a belief that we need to build a system that has improvement built into the process of training and educating both teacher and students.

We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of (...) class='Hi'>training. Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither. We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone... Between the Belgian and the Italian situations are similarities and relevant differences. (shrink)

The problem of teaching the course "Christian Ethics" in the Ukrainian school is one of the most debatable in the educational, scientific and religious environment. Immediately with the experimental introduction of the training course in 1992, this issue has become publicly relevant and is still at the center of controversy, despite its legislative clarity. The Orthodox and Greek Catholic Churches of Ukraine actively insist on their presence in mainstream schools and do not see alternatives. While Protestant churches, especially (...) the small ones, want only one, so that they do not interfere with the creation of their church schools, both for teaching and for spiritual education. For example, the Seventh-day Adventist Church believes that in a multi-denominational state, state and spiritual education should be separated. Moreover, the experience of teaching so-called Christian ethics demonstrates that it violates the principle of freedom of conscience, since theology cannot be super-denominational, unrelated to a particular church. (shrink)

Catherine Bachelard-Jobard a choisi une approche pluridisciplinaire afin de comprendre, sans aucun manichéisme, si notre société est réellement en marche vers l'eugénisme. En d'autres termes, sommes-nous en train de nous diriger vers un monde d'enfants parfaits procédant de la sélection pré-natale, décidée par les parents et autorisée par la loi? Les parents peuvent-ils encore choisir de mettre au monde un enfant différent? Enfin, les barrières posées par le législateur aux désirs individuels sont-elles suffisantes? C'est ce débat passionnant que l'auteur se (...) propose d'éclairer, à la lumière des origines historiques de ce problème, dans un ouvrage de référence. (shrink)

The Tobacco Control Legal Consortium is a national “network” designed to tap expertise about tobacco control legislation and to leverage existing resources. Based at the William Mitchell College of Law in St. Paul, Minnesota, the Consortium supports local counsel with research, strategic advice, sample materials and pleadings, and amicus briefs. The Consortium’s priorities are to support capacity nationally, to offer education, and to perform outreach activities to a variety of audiences.The Consortium seeks to advance policy change by making legal expertise (...) more readily available to the tobacco control community. Legal issues are inevitably involved in policy change. The Consortium does not provide legal representation, but conducts analysis and research. They publish on important and emerging legal issues as well as on specific cases, assist in the development of legislation, and train public health practitioners and policy makers on recurring legal issues. (shrink)