This article addresses the analysis of new challenges facing science that necessitate a reassessment of scientists’ social responsibility and a revision of conventional perceptions of scientific ethics. Science is not only a body of knowledge with a profound impact on societal transformation but also a self-organized community that establishes both explicit behavioral norms and prescriptions, as well as implicit, affectively charged values and constraints. The growth in the number of scientists and publications, alongside a simultaneous decline in public trust in (...) science, compels a rethinking of the traditional understanding of the scientific ethos and the search for ways to refine its norms through self-regulation. To this end, the article examines the relationship between scientific self-regulation and the scientific ethos, explores the origins of self-organized science, and raises questions about trust in authorities and experts. The scientific ethos, understood as a set of values and norms that govern scientists’ behavior (Robert Merton) and intended to enhance the efficiency of scientific activities, is increasingly formalized. At the same time, the lack of a clearly defined subject in science exacerbates the issue of social responsibility, especially given the trend toward the commodification (commercialization) of science. The article discusses the key factors and effectiveness of self-regulation tools – such as scientometrics, retraction practices, coordination among scientists, and the meritocratic organization of the academic community – and highlights the mismatch between traditional norms of the scientific ethos and the values of science in the context of its recent transformations. This mismatch generates potentially destructive tendencies, as the traditional approach under new conditions fails to address emerging challenges effectively. This issue is illustrated through the internal conflict of the norm of academic integrity, which encourages researchers to prioritize quantitative scientometric indicators of success, in opposition to the ethical norm of disinterestedness. I argue that the unresolved tension between these norms harms science as a whole due to the specific nature of its organization, not merely undermining the reputation of individual scientists. Finally, the article examines trust, knowledge, and values as key factors in scientific self-regulation. (shrink)

This article examines the relationship in Kant between transcendental laws and empirical laws (focusing on causal laws), and then brings a particular interpretation of that issue to bear on familiar puzzles concerning the status of the regulative maxims of reason and reflective judgment. It is argued that the 'indeterminate objective validity' possessed by the regulative maxims derives ultimately from strictly constitutive demands of understanding.

The quest for a ``theory of nonhuman minds'''' to assessclaims about the moral status of animals is misguided. Misframedquestions about animal minds facilitate the appropriation ofanimal welfare by the animal user industry. When misframed, thesequestions shift the burden of proof unreasonably to animalwelfare regulators. An illustrative instance of misframing can befound in the US National Research Council''s 1998 publication thatreports professional efforts to define the psychologicalwell-being of nonhuman primates, a condition that the US 1985animal welfare act requires users of primates (...) to promote. Thereport claims that ``psychological well-being'''' is a hypotheticalconstruct whose validity can only be determined by a theory thatdefines its properties and links it to observed data. Thisconception is used to contest common knowledge about animalwelfare by treating psychological well-being as a mentalcondition whose properties are difficult to discover. Thisframework limits regulatory efforts to treat animal subjects lessoppressively and serves the interests of the user industry.A more liberatory framework can be constructed by recognizing thecontested nature of welfare norms, where competing conceptions ofanimal welfare have implications about norm-setting authority, asit does in other regulatory contexts, e.g., food safety. Properlyconceptualized welfare should include both the avoidance ofdistressful circumstances and the relationship between ananimal''s capacities to engage in enjoyable activities and itsopportunities to exercise these capacities. This conception ofanimal welfare avoids appropriation by scientific experts. (shrink)

The EU Collective Redress Recommendation has invited Member States to introduce collective redress mechanisms by July 26, 2015. The claim of the well-known reservations concerns the potentially abusive litigation and potential settlement of not well-founded claims resulting from controversial funding of cases by means of contingency fees and from “opt-out” class action procedures. The Article posits that apart from that claim, at bottom there may be some danger that the European Commission and private interest-groups may try to pursue the enforcement (...) of their regulatory agendas in this way at the expense of individual claimants’ interests. However, in contrast to the situation in the United States, the need to complement regulatory enforcement by collective action may not appear as strong because of the relatively strict regulatory control and enforcement, which may explain EU Member States’ longstanding reluctance to adopt collective proceedings due to their concern for plaintiffs’ individual rights. Therefore, a comparative analysis is carried out to see to what extent individual rights as opposed to regulatory goals are taken into account in the different newly revised systems in place across Europe. As an interim result, the Dutch settlement procedure for mass damage claims, the English Group Litigation Order and the German test case procedure turn out to be relatively well-suited to dealing with mass damage claims. At the same time, none of them can quite reach an optimal balance between individual rights and regulatory goals and therefore each of them is subject to criticism. That is why the further question is raised as to how far these procedures could complement each other, thus contributing to the enforcement of individual rights without overregulating markets in Europe. (shrink)

Modern emotion theories emphasise the adaptive value of emotions. Emotions are by no means always helpful, however. They often must be regulated. The study of emotion regulation has its origins in the psychoanalytic and stress and coping traditions. Recently, increased interest in emotion regulation has led to crucial boundary ambiguities that now threaten progress in this domain. It is argued that distinctions need to be made between (1) regulation of emotion and regulation by emotion; (2) (...) emotion regulation in self and emotion regulation in others; and (3) conscious and nonconscious emotion regulation. Using a process model of emotion generation, this review considers promising research on basic processes and individual differences in emotion regulation and poses five theoretical challenges. (shrink)

The present article reviews modern research on the psychology of emotion regulation. Emotion regulation determines the offset of emotional responding and is thus distinct from emotional sensitivity, which determines the onset of emotional responding. Among the most viable categories for classifying emotion-regulation strategies are the targets and functions of emotion regulation. The emotion-generating systems that are targeted in emotion regulation include attention, knowledge, and bodily responses. The functions of emotion regulation include satisfying hedonic needs, (...) supporting specific goal pursuits, and facilitating the global personality system. Emotion-regulation strategies are classified in terms of their targets and functions and relevant empirical work is reviewed. Throughout this review, emotion regulation emerges as one of the most far-ranging and influential processes at the interface of cognition and emotion. (shrink)

Research regulation is a timely topic for discussions in bioethics and public health policy. This response to articles in the previous special issue of the Monash Bioethics Review emphasises the importance of having both internal and external controls of human experimentation. Unless both elements are incorporated into research ethics governance frameworks, they will ultimately fail to achieve what should be their primary goal: human subject protection.

As a domain of political intervention, speed is a meeting ground for projects of domination and tactics of emancipation, for logics of exclusion coexisting with various forms of collisions, intersections and amalgamations. Instead of reducing the ‘need for speed’ to a linear and unequivocal process, this article makes the case for thinking about speed as an arena of conflict, subject to brutal accelerations but also to at least momentary decelerations. Taking the example of Karachi, where road accidents and larger (...) controversies around transport played a prominent role in the violent postcolonial transformations of the city, it argues that from these collisions emerged a form of political power premised on the regulation of traffic flows. It concludes that moving-power always exceeds the initial intentions of those setting it in motion as it simultaneously builds on and disrupts the forces that give every city its vitality, that is, on the vitalism of speed. (shrink)

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; (...) Tombs, 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)

Faced with high levels of unemployment and discrimination in Poland, Polish women have made up a very large proportion of those leaving the former Communist states of central Europe, to work in EU member states. They have constituted a large undocumented migrant workforce in Europe, usually working as domestic workers and carers in the informal economy. Poland’s membership of the EU is starting to regulate Polish women’s work abroad and to increase their access to better paid and skilled work in (...) the formal labour market. New market-led immigration policies in Europe are still selective and restricted however. What Polish women really need from the EU is help in securing a new framework of gender equality and equal treatment in Poland that offers hope for an improvement in their rights at home. (shrink)

The transcriptional profile of the entire Caulobacter crescentus genome over a synchronous cell cycle was recently described.(1) The analysis reveals a stunning 553 cell-cycle-regulated genes or orfs, nearly 19% of the genome, including putative functions in virtually all biological activities. Over a quarter of these genes/orfs respond to the Caulobacter master regulator, CtrA, most of them apparently indirectly. The analysis confirms and extends earlier observations showing that many proteins involved in cell cycle functions are expressed at the cell age when (...) they are needed. Conversely, the data suggest that proteins specifically expressed at a particular age may be involved in a process taking place then. BioEssays 23:563–565, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

The unfertilized sea urchin egg is a metabolically quiescent cell. Fertilization results in the activation of a variety of metabolic and biosynthetic pathways, including a 20‐ to 40‐fold increase in the rate of protein synthesis by 2 h after fertilization. This increase is regulated at a purely translational level without the need for new transcription. The greatest part of this increase is due to the translation of stored maternal mRNAs which were not translated in the egg. There is also (...) a 2‐to 3‐fold increase in the peptide elongation rate. The molecular and physiological mechanisms responsible for this activation process are beginning to be understood, and turn out to be much more complex than was anticipated. (shrink)

This article advocates opening up international securities regulation to greater regulatory competition than the scant competition that exists at present. After sketching the contours of an international regime of regulatory competition in securities laws and the reasons why such competition is desirable, the article provides a detailed response to objections that have been raised to a proposal for a competitive securities regime that was principally focused on the United States, objections that would accordingly also be raised against this article’s (...) proposal. These include whether the U.S. securities regime is directed at mitigating problems regarding disclosure of interfirm externalities and whether international competition will result in a regulatory race to the lowest level of disclosure. Because the analysis in support of regulatory competition in securities law draws upon the learning regarding competition across U.S. states over the production of corporate law, which has been successful in creating a regime that, on balance, benefits shareholders, the article concludes by demonstrating that recent critiques of the efficacy of state-charter competition are unfounded. (shrink)

Potential applications of genome editing in assisted reproductive technology (ART) raise a vast array of strong opinions, emotional reactions and divergent perceptions. Acknowledging the need for caution and respecting such reactions, we observe that at least some are based on either a misunderstanding of the science or misconceptions about the content and flexibility of the existing legal frameworks. Combining medical, legal and ethical expertise, we present and discuss regulatory responses at the national, European and international levels. The discussion has (...) an EU starting point and is meant as a contribution to the general international regulatory debate. Overall, this paper concludes that gene editing technologies should not be regulated autonomously. Rather, potential uses should be regulated under general, existing frameworks and where applicable by reference to sufficiently equivalent technologies and techniques already subject to specific regulation. To be clear, we do not argue for the hasty introduction of gene editing as a reproductive treatment option in the immediate future. We call for caution with regard to overreaching moratoria and prohibitions that will also affect basic research. We recommend flexible regulations that allow for further responsible research into the potential development of the technology. We call for an open and inclusive debate and argue that scientific communication should claim a more prominent role to counter the danger of widespread misinformation. A high level of transparency and accuracy should guide scientific communication while simultaneously global‐scale responsibility and governance should be fostered by promoting cross‐disciplinary thinking and multi‐level stakeholder involvement in legal and regulatory processes. (shrink)

Existing regulation of end-of-life care is flawed. Problems include poorly-designed laws, policies, ethical codes, training, and funding programs, which often are neither effective nor helpful in guiding decision-making. This leads to adverse outcomes for patients, families, health professionals, and the health system as a whole. A key factor contributing to the harms of current regulation is a siloed approach to regulating end-of-life care. Existing approaches to regulation, and research into how that regulation could be improved, have (...) tended to focus on a single regulatory instrument (e.g., just law or just ethical codes). As a result, there has been a failure to capture holistically the various forces that guide end-of-life care. This article proposes a response to address this, identifying “regulatory space” theory as a candidate to provide the much-needed holistic insight into improving regulation of end-of-life care. The article concludes with practical implications of this approach for regulators and researchers. (shrink)

ABSTRACT In discussions of the regulation of teaching, there are a number of issues which arise concerning how teachers understand the professional expectations upon them and the role that such standards play in supporting and maintaining the ethical dimensions of teachers’ practice. Arguably, teachers’ professional standards evolve to meet the needs of the societies in which they exist. Consequently, they provide a locus for analysis of the desires, aspirations and philosophical perspectives of the social and educational systems to which (...) they belong. Durkheim’s ideas about professional ethics provide a means of making sense of the complex and varied landscape of teacher regulation. They provide a way of seeing teacher professional standards as not constrained by neoliberal conceptions of regulation in which the fear of sanction may limit imaginative engagement with the profession. Instead, even within highly managerial systems, we begin to see professional standards as a prompt to engaged and ethical action for the greater good. In this sense, Durkheim’s work facilitates a way of seeing professional standards as having the capacity to magnify teachers’ innate potential for positive social impact regardless of the context in which they work. (shrink)

This paper, guided by the UNESCO Universal Declaration on Bioethics and Human Rights, assumes that regulators should aim to support the development of nanomedicine while, at the same time, putting in place whatever limits or safeguards are indicated by ethical considerations. Relative to this regulatory objective, it is argued that, notwithstanding the importance of precaution (characteristically, concerning health, safety, and the environment), ethical reflection needs to go both broader and deeper. It is suggested that, by attending to the basic matrix (...) of ethical debate and the “bioethical triangle” through which the matrix is currently articulated, the breadth, depth, and conflictual plurality of ethical concerns about nanomedicine will be clarified. In this light, the conventional thinking about precaution is revisited and concerns about human dignity and informed consent (under conditions of extreme uncertainty) are analysed. The paper concludes that, once the range of ethical pluralism is grasped, the extent of the challenge facing regulators will be more clearly appreciated. (shrink)

The first part of this article sets out two possible models of proceduralization. This second part of this article begins to develop one of those forms, «thick» proceduralization, building on but modifying Habermas's model of deliberative democracy in two important respects. First, it is argued that it is not sufficient simply to call for deliberation for there is a real likelihood that even if all deliberants can be brought together true communication will be blocked by difference; difference in the modes (...) of discourse, the techniques of argument, language, and validity claims. Discourse may therefore have to be mediated through the adoption of strategies of translation, mapping, and dispute resolution. Whether regulators can or should perform such a mediating role remains however an open question. Second, it is argued that deliberative modes of policy formation and regulation are compatible with more pluralist and polyarchical arrangements than Habermas allows, and indeed that such arrangements may need to be adopted for thick proceduralization to become operative. (shrink)

The introduction of genomics and biobanking methodologies to the African research context has also introduced novel ways of doing science, based on values of sharing and reuse of data and samples. This shift raises ethical challenges that need to be considered when research is reviewed by ethics committees, relating for instance to broad consent, the feedback of individual genetic findings, and regulation of secondary sample access and use. Yet existing ethics guidelines and regulations in Africa do not successfully (...) regulate research based on sharing, causing confusion about what is allowed, where and when. In order to understand better the ethics regulatory landscape around genomic research and biobanking, we conducted a comprehensive analysis of existing ethics guidelines, policies and other similar sources. We sourced 30 ethics regulatory documents from 22 African countries. We used software that assists with qualitative data analysis to conduct a thematic analysis of these documents. Surprisingly considering how contentious broad consent is in Africa, we found that most countries allow the use of this consent model, with its use banned in only three of the countries we investigated. In a likely response to fears about exploitation, the export of samples outside of the continent is strictly regulated, sometimes in conjunction with regulations around international collaboration. We also found that whilst an essential and critical component of ensuring ethical best practice in genomics research relates to the governance framework that accompanies sample and data sharing, this was most sparingly covered in the guidelines. There is a need for ethics guidelines in African countries to be adapted to the changing science policy landscape, which increasingly supports principles of openness, storage, sharing and secondary use. Current guidelines are not pertinent to the ethical challenges that such a new orientation raises, and therefore fail to provide accurate guidance to ethics committees and researchers. (shrink)

ABSTRACTRecent models of social anxiety disorder emphasise the role of emotion dysregulation; however, the nature of the proposed impairment needs clarification. In a replication and extension framework, four studies examined whether individuals with social anxiety are impaired in using cognitive reappraisal and expressive suppression. Self-reports and lab-based tasks of suppression and reappraisal were utilised among individuals with high and low levels of social anxiety. A meta-analysis of these studies indicated that, compared to controls, HSAs reported less frequent and effective use (...) of reappraisal and more frequent and effective use of suppression. Counter to most models and our hypotheses, HSAs were more successful than controls in lab-based reappraisal of shame-arousing pictures as measured by subjective ratings, but not by event-related potentials. HSAs were less successful than controls in lab-based suppression of shame-arousing pictures as measured by subjective ratings, but not... (shrink)

Traditional approaches to regulating corporate behavior have not, and cannot, produce socially responsible corporations.Although many of the problems with these approaches were identified twenty-five years ago by Christopher Stone, an effective regulatory system still has not been implemented. A model of regulation is needed that is flexible enough to accommodate the variety of contexts in which corporations operate, but also makes corporations responsive to the ever-changing societal expectations of propercorporate behavior. To accomplish these goals, a reflexive law regulatory system (...) is needed. Under this approach, corporationsshould be encouraged to engage in corporate social accounting, auditing, and reporting (SAAR). The development of SAAR standardsinformed by reflexive law theory will create a regulatory system that is consistent with the latest thinking in business ethics, includingStakeholder Theory and Integrative Social Contracts Theory. (shrink)

Increasingly, taxonomies are being developed and used by industry practitioners to facilitate information interoperability and retrieval. Within a single industrial domain, there exist many taxonomies that are intended for different applications. Industry specific taxonomies often represent the vocabularies that are commonly used by the practitioners. Their jobs are multi-faceted, which include checking for code and regulatory compliance. As such, it will be very desirable if industry practitioners are able to easily locate and browse regulations of interest. In practice, multiple sources (...) of government regulations exist and they are often organized and classified by the needs of the issuing agencies that enforce them rather than the needs of the communities that use them. One way to bridge these two distinct needs is to develop methods and tools that enable practitioners to browse and retrieve government regulations using their own terms and vocabularies, for example, via existing industry taxonomies. The mapping from a single taxonomy to a single regulation is a trivial keyword matching task. We examine a relatedness analysis approach for mapping a single taxonomy to multiple regulations. We then present an approach for mapping multiple taxonomies to a single regulation by measuring the relatedness of concepts. Cosine similarity, Jaccard coefficient and market basket analysis are used to measure the semantic relatedness between concepts from two different taxonomies. Preliminary evaluations of the three relatedness analysis measures are performed using examples from the civil engineering and building industry. These examples illustrate the potential benefits of regulatory usage from the mapping between various taxonomies and regulations. (shrink)

Cigarette smoke is by far the leading preventable cause of death and disease in the United States. It has been estimated to kill between 419,000 and 589,000 smokers and up to 65,000 non-smokers each year. This premier status is hardly a new development, having been true for most of the last century, and known to be true at least since the first Surgeon General’s Report in 1964.Why then are tobacco products exempt from any significant federal oversight or control? Why do (...) cigarette advertisements, pitched to young smokers and non-smokers, continue to be plastered on every available surface inside and outside many convenience stores and to adorn the pages of popular magazines? Why, decades since the makers of far less dangerous products began to be held accountable in tort law, was the first payment by a cigarette company on a products liability judgment not made until 2001? (shrink)

ABSTRACT This article aims to compare the national legal systems that regulate biomedical research in an industrialized country (United States) and a developing country (Venezuela). A new international order is emerging in which Europe, Japan and the United States (US) are revising common guidelines and harmonizing standards. In this article, we analyze – as an example – the US system. This system is controlled by a federal agency structured to regulate research funded by the federal government uniformly, either in the (...) US or abroad. In contrast, in Venezuela, a developing country, the creation of a centralized system is a slow process. Different types of ethical committees review research projects using non‐uniform criteria. Consequently, various parallel organizations that conduct biomedical research, such as universities, research institutes and private hospitals have diverse regulations operating at a local level. Thus, the most relevant difference between the Venezuelan and the US systems is the degree of standardization. In the US, the review process is performed by institutional review boards (IRBs), which have a similar organization and maintain relationships with a centralized agency, following standard regulations. Although new proposals for establishing national regulations are currently being considered in Venezuela, the success of these initiatives will depend on promoting governmental efforts to create a more structured centralized system supported by a national regulatory framework. This system will need governmental financial support at all levels. This article proposes an integrated system to regulate research with human participants in Venezuela and other developing countries. (shrink)

Marine ecosystems are in serious troubles globally, largely due to the failures of fishery resources management. To restore and conserve fishery ecosystems, we need new and effective governance systems urgently. This research focuses on fisheries management in ancient China. We found that from 5,000 years ago till early modern era, Chinese ancestors had been constantly enthusiastic about sustainable utilization of fisheries resources and natural balance of fishery development. They developed numerous rigorous policies and regulations to guide people to act (...) on natural laws. Being detailed and scientific, the legal systems had gained gratifying enforcement, due to official efforts and folks’ voluntary participation in resource management. In-depth analyses show that people’s consciousness of ecological conservation was derived from the edification of kinds of ancient eco-ethical wisdom, such as totemism, nature worship, Zhou Yi , Taoism, Buddhism, Confucianism, Mohism, etc. All this Chinese classical wisdom have the same cores: “Nature and Man in One” spirit, frugality and “All things are equal” concept. The findings show that eco-ethical thinking is never inconsistent with social ethic systems, and it’s of great importance to give legal effect to usual ecological moral claims and eco-ethical requirements of the public in protecting the environment. The eco-ethical wisdom is efficient in assisting and urging people to fulfill humans’ obligation for nature. Finally, it’s believed that present world fisheries management will benefit a lot from all these ancient Chinese thoughts and practices. People are expected to make the most of the eco-ethical wisdom, strengthen fishery legislation and fully stimulate their voluntary participation in both marine fishery resources conservation and fishery cyclic economy. (shrink)

In his Kant on Laws, Eric Watkins presents an account of reason on which the principles of specification and continuity are regulative instructions to search for different kinds of the unconditioned. I suggest that we correct Watkins’ account in two ways. First, we need to complete Watkins’ claim to the plurality of the unconditioned: reason aims for three kinds of the unconditioned, associated with the lowest, next and highest concepts. Second, we need to look beyond reason’s search for (...) the unconditioned in order to properly understand the nature of the aim of reason. I argue that we construe reason’s aim as the systematic unity of cognition considered as a whole or, in Kant’s teleological terms, as the realization of an ‘idea’, or a ‘purposive unity’. (shrink)

The digital shift leads to increasing changes. Employees can deal with changes through informal learning that enables needs-based development. For successful informal learning, self-regulated learning is crucial, i.e., to set goals, plan, apply strategies, monitor, and regulate learning for example by applying resource strategies. However, existing SRL models all refer to formal learning settings. Because informal learning differs from formal learning, this study investigates whether SRL models can be transferred from formal learning environments into informal work settings. More precisely, are (...) all facets relevant, and what are the relational patterns? Because informal workplace learning occurs through interaction with the context, this study investigates the influence of context, i.e., organizational learning culture and job characteristics on SRL. Structural equation modeling of N = 170 employees in various industries showed the relevance of the self-reported metacognitive strategies planning, monitoring, and regulation; the resource strategies help-seeking and effort regulation; and deep processing strategy elaboration. However, there was no evidence for organization strategies. The learning strategies were associated with self-efficacy and mastery-approach goal orientation. Regarding context, results supported indirect effects over self-motivational beliefs of learning strategies. Organizational learning culture was connected with mastery-approach goal orientation, whereas job characteristics autonomy and feedback were related to self-efficacy, which were again related to SRL strategies. Therefore, context can empower employees not only to accomplish their tasks but to develop themselves by applying SRL strategies. The results are discussed, and practical implications are outlined. (shrink)

Regulating the Creative Economy Drastic changes have occurred throughout the past century and the world community is struggling to find the exact concepts to describe, understand and, possibly, govern them. One of the concepts used to describe these changes is the so-called "creative economy". Even though the concept is becoming more frequently used, it lacks a precise definition and its meaning remains elusive. Moreover, the proliferation of related concepts, such as the "experience economy", the "cultural economy", the "knowledge-based economy" and (...) the "creative and cultural industries", further obscures its precise scope and meaning. These concepts are, however, no less elusive, particularly because they are of a dual or oxymoronic character, which variably combines aspects of culture, creativity and intellectual creation on the one hand with those of the economy, business, trade and commerce on the other.In sum, the conceptual uncertainties also translate into major difficulties in finding appropriate regulatory responses in the sphere of law. The aim of the present article is therefore to cast light on the meaning of the concept of the creative economy with a view to paving the way for its better and more efficient regulation in the legal sphere. To this end, the first part offers a comprehensive interpretative analysis of the "creative economy" with a view to establishing its value to the present global governance debate. Based on the evidence that designates the creative economy as an evolving concept requiring a multidisciplinary model for the formulation of an adequate approach in law- and policymaking, the second part discusses some of the creative economy's major implications in the sphere of law. In this regard, several regulatory examples appear to advocate the abandonment of the conventional in favour of a more holistic method of regulation. The article concludes with some recommendations that are deemed useful for further debate and research in this area, which ultimately may contribute to the formulation of the kind of creative laws that are needed for the successful regulation of the creative economy in the future. (shrink)

Is the way that kindergarteners view their willpower – as a limited or as a non-limited resource – related to their motivation and behavioral self-regulation? This study is the first to examine the structure of beliefs about willpower in relation to behavioral self-regulation by interviewing 147 kindergarteners aged 5 to 7 years. A new instrument was developed to assess implicit theories about willpower for this specific age group. Results indicated that kindergarteners who think of their willpower as a (...) non-limited resource showed better behavioral self-regulation than children who adopted a more limited theory, even when controlling for age and gender. This relation was especially pronounced in low achieving children. Mediation and moderation analyses showed that this relation was partly mediated through the children’s willingness to invest effort to reach a learning goal. Findings suggest that fostering metacognitive beliefs in children, such as the belief that willpower is a non-limited resource, may increase behavioral self-regulation for successful adjustment to the demands of kindergarten and school. (shrink)

Background Regulations on research ethics in France have evolved considerably over the past four years: the implementation of the Jardé law and of the General Data Protection Regulations have changed the landscape of research ethics for research involving or not involving human persons. In a context of creation of an Institutional Review Board at the University of Bordeaux, France, we sought to explore research ethics practices and perceptions in the medical community of our University Hospital. Methods A short questionnaire was (...) sent to all physicians of the University Hospital of Bordeaux. The questionnaire included closed questions and main topics were: physicians’ education in research ethics, ethics practices concerning researches non implying human persons, and physicians’ perceptions about current regulations. Results 86 questionnaires were sent back. If a majority of physicians have validated Good Clinical Practices trainings, there was a low rate of specific training on fundamental references in research ethics and a high proportion of responders do not consider themselves as educated in research ethics after completion of GCPs. Regulations on research ethics have many implications on medical research, especially by inducing changes in protocols in order to alleviate ethical requirements. Malpractices were acknowledged like false mention of positive opinion from an ethics committee. If If a majority of responders considers regulations as a positive answer to research ethics, a large majority considers it as a constraint and a complexification of research process. For 58%, regulations in research ethics are perceived as a hindrance for research initiatives. Conclusion Because of their impact on research process, regulations seem to constitute a scarecrow for physicians. Lack of training, bad representations and questionable practices highlight the need to improve education and to propose concrete guidance for medical researchers. (shrink)

Objective To obtain information about the similarities and differences in regulating different types of medical research in the European Union .Methods Web searches were performed from September 2009 to January 2011. Notes on pre-determined topics were systematically taken down from the web pages. The analysis relied only on documents and reports available on the web, reflecting the situation at the end of 2010.Results In several countries, regulatory legislation applied only to clinical trials on drugs and medical devices, in other states (...) various types of research were also regulated but by laws different from those concerning trials, and in many countries, some research areas were not controlled by legislation at all. In very few countries was all medical research handled similarly from a legal point of view. The number of research ethics committees in a single country varied from one to 264. Their areas of responsibility, working principles and length of time to grant research permission varied as well as the rules for obtaining informed consent from vulnerable groups. In 10 EU countries, there was no appeal mechanism after a negative decision by an REC. The RECs were not accountable to any organisation in five EU countries.Conclusions There is a need for a fundamental debate regarding whether and which kinds of changes are needed for the further harmonisation of medical research governance in the EU and how cross-country medical research could be facilitated in the future. (shrink)

Emotional self-regulation in childhood and adolescence constitutes a growing interest in the scientific community, highlighting in recent years the need to observe its development in their daily life. Therefore, the objective of this systematic review is to characterize publications referring to the development of emotional self-regulation of people under 18 years-old, in natural contexts. Based on the PRISMA guidelines, searches are carried out in the Web of Science, Scopus and PsycINFO databases, and in Google Scholar until May (...) 2020. After reviewing the full text of 376 publications, 14 works are selected that are observed in their extrinsic, substantive and methodological characteristics based on the GREOM and MQCOM guidelines, by two independent evaluators. Most of the studies correspond to the last 20 years, increasing the interest in observing older children, in interaction with adults and/or in different cultures. They apply mixed methodologies, not always ascribing to a low intensity design. Strengths are observed regarding the collection and analysis of the quality of the data; and weaknesses related to the failure to record the duration and sequence of behaviors, highlighting the use of guidelines as guides for future research. (shrink)

This essay provides a rationale for a regulated market for human oocytes. Although the commodification of human oocytes raises important moral concerns, these concerns do not justify laws banning commerce in human eggs. Given the burgeoning ART industry and the growing oocyte market, the most prudent course of action is to develop regulations for the human oocyte market that are designed to protect and promote important social values, such as health, safety, liberty, and respect for human life. Other responses, such (...) as banning the sale of eggs altogether or allowing donors to be compensated only for their services, would either create a black market or would lead to corruption and abuse. Society still needs to debate specific rules and policies that should govern the human egg market, but further discussion of that important task is best left to legislative bodies and other commentators. (shrink)

This paper argues that there is an urgent need for an international doctrine for cyberspace skirmishes before they escalate into conventional warfare.

Growing recognition in both the psychological and management literature of the concept of “good people” has caused a paradigm shift in our understanding of wrongful behavior: Wrongdoings that were previously assumed to be based on conscious choice—that is, deliberate decisions—are often the product of intuitive processes that prevent people from recognizing the wrongfulness of their behavior. Several leading scholars have dubbed this process as an ethical “blind spot.” This study explores the main implications of the good people paradigm on the (...) regulation of employees’ conflicts of interest. In two experiments, we examined the efficacy of traditional deterrence- and morality-based interventions in encouraging people to maintain their professional integrity and objectivity at the cost of their own self-interest. Results demonstrate that while the manipulated conflict was likely to “corrupt” people under intuitive/automatic mindset, explicit/deliberative mechanisms had a much larger constraining effect overall on participants’ judgment than did implicit measures, with no differences between deterrence and morality. The findings demonstrate how little is needed to compromise the employees’ ethical integrity, but they also suggest that a modest explicit/deliberative intervention can easily prevent much of the wrongdoing that may otherwise result. (shrink)

In anticipation of the market introduction of highly and fully automated vehicles, regulations for their behavior in public road traffic are emerging in various countries and regions. Yet, as we show using the example of EU and German regulations, these rules are both incomplete and exceptionally vague. In this paper we introduce three traffic scenarios highlighting conflicting ethical, legal, and utility-related claims, and perform a legal analysis with regards to the expected behavior of AVs in these scenarios. We show that (...) the existing regulatory framework disregards the realities of algorithmic decision-making in automated vehicles, such as the incomplete and imprecise perception of their environment and the probabilistic nature of their predictions. Importantly, the current regulations are written in abstract language addressing human interpreters rather than the precise logical-numerical computer code. We argue that the required interpretation and translation of the abstract legal language into the logical-numerical domain is so ambiguous that the regulations as they stand fail to guide or limit automated vehicle behavior in any meaningful way. This comes with significant ethical implications, as the interpretation and translation is unavoidable and, if not provided by regulatory bodies, will have to be performed by manufacturers. We argue that ethical decisions with significant impact on public safety must not be delegated to private companies, and thus, regulatory frameworks need significant improvements. (shrink)

Sovereign Wealth Funds have attracted significant attention over the past few years, as a result of their increasing role in the global economy and their controversial minority investments in distressed financial and infrastructure companies in Western economies. Although SWFs provide important benefits to home, host and global markets, they have been perceived by the Western mind as a growing threat to economic supremacy and national security. While the current legal scholarship provides an incomplete policy response, by either selectively referring to (...) specific legal instruments within the international law framework or proposing an entirely new legal regime, this Article attempts to address this crucial lacuna by providing an original and comprehensive legal analysis of the SWF phenomenon and its interaction with the preexisting framework of international law. The various abovementioned concerns have prompted various Western attempts to block SWF cross-border investments through legislative reforms or ad hoc protectionism of the executive branch. These governmental policies frequently violate international commitments in the international economic law arena and call for a closer look at the nature of such commitments and their respective implementation in the SWF environment. The Article looks at recent practices in Western countries aimed at blocking SWF investments, especially in the context of iconic brands and national champions. It then reviews various relevant provisions in international legal instruments, which are applicable to these potential investments, and examines the question of their violation by capital-importing countries. A proposed innovative adaptation to this new reality is provided. I argue that the existing framework of international investment law can provide adequate solutions to investment protectionism against SWFs. Regarding regulation of SWFs’ investments, since recent experience has underlined that SWFs function largely like any other commercial entities, there is a need to shift the discussion and terminology towards regulation of sovereign activity rather than sovereign funds. Finally, the Article explores the broad consequences of investment law and corporate governance reforms following the debate around SWF investments on maintaining healthy and productive cross-border economic relations in a globalized world. (shrink)

It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as exploitation and commodification of surrogates, reproductive capacities, (...) and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage, or Fair-Trade guidelines. An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad. (shrink)

A treaty to regulate the global antimicrobial commons can be appropriately framed around the model provided by multilateral environmental agreements. At the same time, it is not clear that a comprehensive treaty is the only possible entry point and other options, such as an agreement on technology transfer or funding may be apt starting points. Any legal instrument adopted to regulate the global antimicrobial commons needs to reflect the global South-North dichotomy and integrate the principle of common but differentiated responsibilities (...) and respective capabilities. Further, it would need to go beyond environmental instruments that have been structured around the sovereign interests of negotiating states even when dealing with issues of global concern, such as climate change. The proposed legal instrument would also need to be based not just on the precautionary principle as a marker of the necessity to address the negative environmental and health impacts, but also be based on the interests of patients and integrate concerns raised in terms of the human right to health. (shrink)

Behavioral engagement is a key determinant of students’ learning. Hence, knowledge about mechanisms affecting engagement is crucial for educators and stakeholders. Self-determination theory offers a framework to understand one of these mechanisms. However, extant studies mostly consider only parts of SDT’s theoretical paths from basic psychological need satisfaction via regulations to student engagement. Studies that investigate the full model are rare, especially in mathematics, and results are inconclusive. Moreover, constructs are often merged in ways that may preclude detailed understanding. (...) In this study, we used structural equation modeling to test several hypothesized paths between the individual variables that make up higher-order constructs of need satisfaction, regulations, and behavioral engagement. Satisfaction of the need for competence had a dominating effect on engagement, both directly and via identified regulation. Similarly, satisfaction of the need for relatedness predicted identified regulation, that in turn predicted engagement. Satisfaction of the need for autonomy predicted intrinsic regulation as expected but, in contrast to theory, was also positively associated with controlled motivation. Neither intrinsic nor controlled regulation predicted engagement. Theoretical and method-related reasons for this unexpected pattern are discussed, as well as implications for research and teaching. (shrink)

Background: The concept of conscientious objection is well described; however, because of its nature, little is known about real experiences of nursing professionals who apply objections in their practice. Extended roles in nursing indicate that clinical and value-based dilemmas are becoming increasingly common. In addition, the migration trends of the nursing workforce have increased the need for the mutual understanding of culturally based assumptions on aspects of health care delivery. Aim: To present (a) the arguments for and against conscientious (...) objection in nursing practice, (b) a description of current regulations and practice regarding conscientious objection in nursing in Poland and the United Kingdom, and (c) to offer a balanced view regarding the application of conscientious objection in clinical nursing practice. Design: Discussion paper. Ethical considerations: Ethical guidelines has been followed at each stage of this study. Findings: Strong arguments exist both for and against conscientious objection in nursing which are underpinned by empirical research from across Europe. Arguments against conscientious objection relate less to it as a concept, but rather in regard to organisational aspects of its application and different mechanisms which could be introduced in order to reach the balance between professional and patient’s rights. Discussion and conclusion: Debate regarding conscientious objection is vivid, and there is consensus that the right to objection among nurses is an important, acknowledged part of nursing practice. Regulation in the United Kingdom is limited to reproductive health, while in Poland, there are no specific procedures to which nurses can apply an objection. The same obligations of those who express conscientious objection apply in both countries, including the requirement to share information with a line manager, the patient, documentation of the objection and necessity to indicate the possibility of receiving care from other nurses. Using Poland and the United Kingdom as case study countries, this article offers a balanced view regarding the application of conscientious objection in clinical nursing practice. (shrink)

Garnett and Christidis (2017) [hereafter GC] recently proposed that the International Union of the Biological Sciences should centrally regulate the taxonomy of complex organisms. Their proposal was met with much criticism (e.g. Hołyński 2017; Thomson et al., 2018), and perhaps most extensively from Raposo et al. (2017) in this journal. The main target of this criticism was GC’s call to, first, “restrict the freedom of taxonomic action”, and, second, to let social, political and conservation values weigh in on species classification. (...) Some commentators even went as far as to draw a comparison with the infamous Lysenko-case of state-controlled and heavily restricted science (Raposo et al. 2017, 181; Hołyński 2017, 12). This comment will argue, without thereby endorsing GC’s position, that these two aspects of their views need not be as threatening as this comparison suggests, and indeed are very reasonable. (shrink)

Despite their growing usage in commercial and industrial applications, nanomaterials have yet to be been thoroughly researched as to their potential health, safety, and environmental risk to human life after incorporation into new product improvement, development, design, and manufacturing processes. Identifying the appropriate governance framework for effective risk assessment analysis of toxicological risk to human beings—specifically manufacturing employees and consumers—and other living organisms, resulting from the development and application of these nanotechnology-based products, has yet to be scientifically determined. With major (...) regulatory gaps in the public regulation framework at national and international levels of governance, a proposed private governance framework is needed to assist the existing public regulatory framework with the proliferation of products and manufacturing processes utilizing nanomaterials. There are three distinct (yet complimentary) approaches available to develop a private governance framework to complement existing national public regulatory frameworks: responsible innovation, risk management, and voluntary guidelines/industry standards. The case for supporting a hybrid governance framework, combining public and private governance mechanisms, for nanotechnology is reflective of the current public policy environment that has emerged to best address health, safety, and environmental risk assessment issues concerning nanotechnology and nanomaterials. (shrink)

Emerging technologies such as artificial intelligence, gene editing, nanotechnology, neurotechnology and robotics, which were originally unrelated or separated, are becoming more closely integrated. Consequently, the boundaries between the physical-biological and the cyber-digital worlds are no longer well defined. We argue that this technological convergence has fundamental implications for individuals and societies. Conventional domain-specific governance mechanisms have become ineffective. In this paper we provide an overview of the ethical, societal and policy challenges of technological convergence. Particularly, we scrutinize the adequacy of (...) domain-specific governance mechanisms in the face of such integrated technologies and highlight their growing ineffectiveness. Furthermore, we propose a comprehensive governance framework that is anticipatory, inclusive, and resilient. Central to this framework is the principle of participatory governance, which calls for a proactive engagement of all stakeholders, including those from marginalized and vulnerable populations, ensuring that their voices and concerns shape the trajectory of technological development. The framework emphasizes the need for protective measures that preemptively address potential risks and inequities that may arise from the adoption and integration of emerging technologies. Based on a detailed analysis of case studies and current governance models, we present and discuss a set of ten actionable recommendations. These are designed to facilitate the transition towards a governance approach that not only respects individual autonomy and privacy, but also fosters a collective responsibility towards sustainable and fair technological progress. By placing human dignity, societal welfare and the protection of the most vulnerable at the center of technological innovation, we advocate for a future where convergence is synonymous with progress that is both ethically grounded and universally beneficial. (shrink)

Advertising is a booming activity both in the physical realm and on the Internet. Online advertising is growing and is subject to legal standards, although some self-imposed ethical standards for the industry are needed. This has been called self-regulation. This article examines the important role that self-regulation can play in addressing advertising that uses degrading and discriminatory images of women that compromise their dignity. Sexist advertising is a reification of women—stereotypes and sexist social models—that do not convey a (...) realistic image of a woman’s abilities and potential. This article analyzes specific decisions on the subject issued by the Jury of the Spanish Association for the Self-Regulation of Commercial Communication. The Jury’s decisions are based on a code of ethics. The technical expertise and impartiality manifested in its decisions have produced a high degree of credibility and confidence in the organization. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense (...) can inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

This paper focuses on the contribution of meta-regulation in responding to the regulatory needs of a field beset by significant uncertainties concerning risks, benefits and development trajectories and characterised by fast development. Meta-regulation allows regulators to address problems when they lack the resources or information needed to develop sound “discretion-limiting rules”; meta-regulators exploit the information advantages of those actors to be regulated by leveraging them into the task of regulating itself. The contribution of meta-regulation to the governance (...) of nanotechnologies is assessed in terms of responsibilisation. Responsibilisation is regarded as a pre -requisite for regulatory actors to internalise social values (such as consumer safety and occupational health) and to ensure that these values are built into regulatory practice. In order to explore the potential of responsibilisation, the Code of Conduct for Responsible Nanosciences and Nanotechnologies Research launched by the European Commission in 2008 is evaluated. The Code is a good case of meta-regulation that aims to steer the self-regulation of nanotechnological business and research organisations. The paper concludes that, while efforts were made on the part of meta-regulators and self-regulators to contribute to responsibilisation, important opportunities for responsibilisation such as dissemination and promotion of the Code, trust-building activities, and failure to provide rewards, incentives and stakeholder guidance were not taken up. In order to foster responsibilisation within the meta-regulatory instrument of the EC Code, a number of crucial activities to be undertaken by meta-regulators are recommended. (shrink)

In the aftermath of allegations of the misuse of human eggs in the United States, questions are being raised about whether profitable reproductive services should continue to function in a free market under the aegis of physicians or should be regulated. Other countries in which reproductive technologies are employed to a significant degree have developed regulations governing their use, many as a result of recommendations made by inter‐disciplinary commissions that solicited public input. Policy makers in the United States have been (...) reluctant to regulate reproductive technologies, however, because their use is politically controversial, they want to whittle down government, some do not consider infertility an illness, and some believe regulation would interfere with the right to reproduce. Yet the unfettered use of reproductive technologies can create such harms as lack of informed consent, providing procedures not medically indicated for financial gain, practice by unqualified personnel, injury to patients and donors, failure to screen donated gametes, and inadequate medical record keeping. Americans place special value on the welfare of children and those who bring them into the world. Such values can outweigh individual procreative liberty when new reproductive technologies are at issue. Although the optimal course would be to establish a regulatory body to govern reproductive technologies, this is not politically feasible now. The newly established National Bioethics Advisory Commission provides a forum in which issues surrounding reproductive technologies should be addressed at this time in the United States. (shrink)