Appeals to the public interest in law are commonplace, but typically made without clarifying what the public interest is and how it can be determined. In law, this has led to ad hoc applications of the public interest and, consequently, to “judicial idiosyncrasy,” posing a threat to legal certainty. This paper aims to remedy these problems by providing much‐needed conceptual clarification. It proposes that something is in the public interest if it increases the opportunities of the (...) members of the public to pursue and realize the (permissible) ends they all share qua equal members of the public. (shrink)

Safeguarding public interest was vital to early modern state legitimacy in Western Europe and East Asia. Wenkai He identifies similar patterns in state-society interactions surrounding public goods provision and explores how conflicts over public interest led to calls for fundamental political change and to modern representative politics.

본 논문은 초간본 『속삼강행실도』가 간행될 당시의 기록에는 없었으나, 이후에 사적의 하나로 중간본에 편입되어 『동국신속삼강행실도』의 부록 『속삼강행실도』에 첨입(添入)된 「심원척간」에 주목한다. 그 사적(事蹟)의 주인공 이심원의 ‘공리적(公利的)’ 행동을 중심으로 한 탐색이다. 탐색의 방향 하나는, 조선 전반에 교화서로서의 역할을 하였던 『삼강행실도』「충신도」라는 범주이며 나아가 하나의 사적으로서 「심원척간」이다. 둘은, 사적의 주인공 이심원의 공리적(公利的) 행적이 지향한 ‘척간(斥姦)’에 주목하여 그 행동의 의미를 탐색한다.BR 조선의 도학이 정몽주-길재-김숙자-김종직-김굉필·정여창-조광조-이언적-이황으로 이어지는 도통의 계보에서, 종친인 이심원은 김종직과는 사승(師承)관계, 김굉필과 정여창과는 교우(交友)관계로 연결되는 지점에 있다. 그리고 임사홍을 사랑하는 조부인 보성군의 불효고변으로 간언(諫言)이 와전되며 평생 고초를 (...) 겪다가, 결국 임사홍의 간흉에 의해 갑자사화 때 두 아들과 죽음을 맞은 이심원이 「충신도」에 사적이 기록됨으로 그 충의(忠義)의 이름을 후세에 전해야 한다고 진언한 인물이 조광조이다. 종친이라는 한계 속에 도통의 계보에 이름을 올린 이들과 밀접한 관계를 가졌던 이심원은 잊힌 인물이 분명하다.BR 『삼강행실도』「충신도」에 이름을 올린 이들은 효자이자 충신으로 대의(大義)를 위해 나라의 존망 앞에 죽음을 불사한다. 이심원의 경우는 대의를 위하다가 불효라는 죄명을 얻게 되는 상황에 까지 이른다. 당시 성리학적 사유가 심화되는 과정 속에 선공(先公)을 선택하며 멸친(滅親)함으로 후사(後私)를 결행하게 된 이심원의 공리적(公利的) 행적은 후일 오랜 논의 과정을 거치고서야 결국 「충신도」에 기록되며 이름을 전한다. 의(義)를 보고도 행하지 않으면 용기가 없는 것이며, 용기가 있는 자는 두려워하지 않으며, 어진 자는 반드시 용기가 있다고 하였다. 이심원의 행적에 대한 논의가 지금의 우리에게 여전히 시사하는 바가 적지 않을 뿐만 아니라 아직도 충분히 유효한 텍스트임을 확인한다. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

In 2007, the Ethics and Governance Council of the UK Biobank commissioned a Report on ‘Concepts of Public Good and Pubic Interest in Access Policies’. This study considered the Biobank’s role as a ‘public good’ in respect to supporting and promoting health throughout society. However, the conditions under which access by third parties to UK Biobank are justified in the public interest have not been well considered. In this article, I propose to analyse the conditions that should (...) allow such access. My argument develops UK Biobank’s function as a ‘public good’ and in terms of its responsibilities as a public health institution; both to protect the rights of the participants and in having a role in reinforcing public goals. Although these two tasks may conflict, it is possible that resolute opposition to some third-party access demands—if properly justified in terms of a public interest—will be damaging to, rather than protective of, participants’ rights. To illustrate my argument, I consider the appropriate response to an extraordinary public emergency , such as a serious criminal investigation or disaster response, in terms of an ethical access policy. (shrink)

In this paper I examine the ways in which the concept of “public interest” is used in biomedical policymaking to justify the preemption or overruling of decisions made by individuals about their own, their family's, or group interests in the field of healthcare. I discuss six variants of public-interest justification, before going on to consider a concrete example, the use of personal health data in health services management and medical research. I distinguish between the global public (...) interest and particular public interests and consider critically how the global public interest can be said to arise from private interests. I show that there is always room for the private individual to defeat appeals to public interest on moral grounds, and hence that public interest cannot have overriding moral force. Hence, public-interest claims need to be considered as political appeals about competing claims and conceptions of justice, rather than as shortcuts to defining the universal solidary interest. (shrink)

Most environmental philosophers have had little use for 'conventional' philosophical and political thought. This is unfortunate, because these traditions can greatly contribute to environmental ethics and policy discussions. One mainstream concept of potential value for environmental philosophy is the notion of the public interest. Yet even though the public interest is widely acknowledged to be a powerful ethical standard in public affairs and public policy, there has been little agreement on its descriptive meaning. A particularly intriguing (...) account of the concept in the literature, however, may be found in the work of the American pragmatist John Dewey. Dewey argued that the public interest was to be continuously constructed through the process of free, cooperative inquiry into the shared good of the democratic community. This Deweyan model of the public interest has much to offer environmental philosophers who are interested in making connections between normative arguments and environmental policy discourse, and it holds great promise for enhancing environmental philosophy's role and impact in public life. (shrink)

This study uses data from Google Trends and Twitter to analyze how public interest and sentiment towards Universal Basic Income (UBI) changed across all 50 states and Washington D.C. between 2018 and 2021. We specifically selected this time period as it includes both Andrew Yang’s UBI campaign during the Democratic primaries in 2019 and the COVID-19 pandemic in 2020 when UBI gained attention due to the federal government’s unconditional cash payment to almost all citizens. To overcome the limitations of (...) sporadic opinion polls, we built on a recent development of the rescaling method to generate longitudinal Google Trends and conducted Twitter sentiment analysis. We observed a modest rise in public interest in UBI during Andrew Yang’s campaign, especially in blue states, and a significant increase across all states at the onset of the COVID-19 pandemic. Although it quickly waned, the level of public attention became elevated compared to the pre-pandemic level. Contrary to previous studies, our analysis also reveals that overall sentiment became less positive after the peak interest during the pandemic, as more people engaged in online discussions. (shrink)

Purpose The purpose of this article is to assess the operation of the UK’s Public Interest Disclosure Act 1998 (PIDA 1998) during its first 10 years and to consider its implications for the whistleblowing process. Method The article sets the legislation into context by discussing the common law background. It then gives detailed consideration to the statutory provisions and how they have been interpreted by the courts and tribunals. Results In assessing the impact of the legislation’s approach to whistleblowing (...) both in the UK and elsewhere, the author draws upon empirical research. Conclusion The author concludes that PIDA 1998 has not adequately protected whistleblowers and makes 12 recommendations for change. Despite the European Commission’s acknowledgement that whistleblowers can play a part in the fight against corruption, the author notes that common standards for their protection still seem a long way off. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public (...) interest. The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

In his stimulating target article, 1 Philippe Calain discusses how the traditional ethical framework for clinical research was challenged during the 2013–2016 Ebola epidemic in West Africa. One of his key claims is that conventional research ethics did not have the resources to address the ‘profound tension’ 1, between individual and public interests in clinical research during this epidemic. I agree with this claim, but would like to provide a modified argument in its support. As Calain points out, (...) although a tension between individual and public interests in clinical research always exists, this tension was heightened during the Ebola epidemic. Ebola had an average fatality rate of 40%–60% in this outbreak and reached up to 90% in some locations. Appropriate personal protective equipment was not always available; the level of benefit from supportive care was contested; and there were no targeted treatments and vaccines for the... (shrink)

This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and (...) theorists about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice. (shrink)

The notion of moral exemplarity, though repeatedly alluded to in John Stuart Mill’s writings, is rarely treated as an essential element of his democratic theory. This article, however, highlights and explains the centrality of exemplarity in Mill’s project of fostering public-minded citizens for a successful democracy. In Representative Government, Mill conceives the exemplary influence of deliberative elites as a necessary condition for making local deliberative bodies the main site for the cultivation of a public spirit. Mill’s Romantic reading (...) of Plato’s Gorgias suggests that this move resulted from his radical skepticism about the power of reason to motivate virtuous behavior along with his corresponding faith in the moral exemplar’s aesthetic force of beauty to improve the spectator’s conduct. Mill’s emphasis on the necessity of exemplary influence for achieving a civic ideal based on a detailed account of its moral psychology reveals him to be a unique political thinker who continues to invite contemporary interest. (shrink)

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters (...) carry censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)

Since the early 20th century, advocates of public relations professionalism have mandated that practitioners serve the public interest making it an ethical standard for evaluating the morality of public relations practice. However, the field has devoted little research to determining just what it means for practitioners to serve the public interest. Most research suggests practice-oriented solutions. This article focuses what practitioners must do to serve the public interest. It reviews theories of the social contract and (...) the public interest to identify an approach to serving the public interest that will help practitioners reconcile moral obligations to themselves, their client organizations, and the public. It concludes that combining superior individual interests with John Dewey's public philosophy will contribute to the moral development and improvement of practitioners and the public. (shrink)

In this paper I explore the limitations of liberal political theory in relation to the notions of public property and public interest. I argue that the fundamentally atomistic and individualistic ontological foundations of the liberal tradition preclude any coherent notion of public goods and public interest.

It is commonly stated, by both whistleblower protection laws and political philosophers, that a breach of state secrecy by disclosing classified documents is justified if it serves the public interest. The problem with this defense of justified whistleblowing, however, is that the operative term – the public interest – is all too often left unclarified. This is problematic, because it leaves potential whistleblowers without sufficient certainty that their disclosures will be covered by the defense, leading many to err (...) on the side of caution and remain silent, depriving the public of much-needed information. Failing an agreed upon definition of the public interest or a process to determine it, judges’ applications of the public interest in whistleblowing cases have been criticized for demonstrating ‘judicial idiosyncrasy’. The present paper, therefore, sets out to provide some clarity concerning the concept of the public interest, and to ascertain the extent to which a public interest defense for whistleblowing is feasible and desirable. (shrink)

There has been considerable interest in the literature about how professions operate in both the private and public interest. This paper examines this issue in the context of the enforcement of the professional code of conduct of a particular professional accounting association. The paper explores whether certain enforcement actions of the association suggest behaviour motivated at least partially by private interest. It then considers whether the consequences of such behaviour or practices are troubling.

In lieu of an abstract, here is a brief excerpt of the content:Self-Interest and Public Interest m Shaftesbury's Philosophy STANLEY GREAN THE SEV~NTEENTrt-CV.NTVRYproblem of the relationship of self-interest and public interest was carried over by the third Earl of Shaftesbury into the eighteenth century where it became a major issue for generations of British moralists. His own preoccupation with the problem began at an early date in his career, for the lnquiry Concerning Virtue or Merit (1699), the first (...) draft of which he wrote in his twenties, deals with it at length,1 and it is, according to him, the "main problem" of that work. This interest must have been deepened by his knowledge and experience of the bitter and tumultuous factional strife of the seventeenth century. There was also a family tradition of public life, the first Earl having been one of the foremost statesmen in the third quarter of the seventeenth century. The third Earl himself was briefly a figure of some importance on the political scene, serving in Parliament for two sessions? Something of Shaftesbury's character and point of view is revealed in the independent position which he took on certain issues during this time. With the emergence of the Whig and Tory parties a new emphasis was being placed on party organization. The principle of party loyalty "was indeed the only loyalty that was practised by some very important statesmen in the reigns of James, William and Anne.''s Though in general Shaftesbury supported Whig principles and policies, he refused to follow the Whig "party line" on every issue even though sometimes bitterly censured for failing to do so.4 Shaftesbury held that a legislative proposal should be judged on its own merits and not by its source? While recognizing t The first publication of the Inquiry was apparently unauthorized. A revised form appeared as Treatise IV in the 1711 edition of Characteristics. 2In the Commons, 1695-1698, and the Lords, 1700-1701. Ill health forced his retirement from politics. s George M. Trevelyan, History of England (3 vols.; New York: 1952), II, 260. 4Anthony, Earl of Shaftesbury, The Life, Unpublished Letters, and Philosophical Regimen, ed. Benjamin Rand (London: 1900), p. 300. Referred to henceforth as LiIe, Letters. See the comment by the fourth Earl in Life, Letters, pp. xxi-xxii; also Thomas Fowler, Shaftesbury and Hutcheson (New York: 1883), pp. 10-12. [37] 38 HISTORY OF PHILOSOPHY the social value of political parties, it was consistent with Shaftesbury's theory that he insisted that party loyalty must at times be superseded by loyalties to larger interests or to the larger community of which one is a member. In his writings Shaftesbury carried on a continual campaign against the type of reductionism which seeks to explain all human behavior by "that one principle and foundation of a cool and deliberate selfishness.''8 Thus, he attacks Epicurus and Lucretius among the ancients, and Hobbes, Lord Rochester, and La Rochefoucault among the moderns. For these "narrowminded philosophers," "interest, interest comes in ever and anon, and must seem a kind of key to things with which it has nothing to do."' One of Shaftesbury's lines of attack is to point out that psychological egoism, when pressed, proves to be meaningless. If everything one does is attributed to self-interest, he asks, what meaning does the tertn "self-interest" have? If there is no real alternative to egoism, and all actions are equally egoistic, then the very term "egoism" loses significance. It would apparently be impossible to be more or less self-centered. Thus, we would lose an important practical principle of differentiation. The English philosopher pictures the defenders of egoism as saying: "Act as disinterestedly or generously as you please, self still is at the bottom, and nothing else." Now if these gentlemen who delight so much in the play of words, but are cautious how they grapple closely with definitions, would tell us only what self-interest was, and determine happiness and good, there would be an end of this enigmatical wit. For in this we should all agree, that happiness was to be pursued, and in fact was always sought after; but whether found in following Nature, and giving way to... (shrink)

In the public interest: autonomy and resistance to methods of standardising nurses’ advice and practices from a health call centre in Perth, Western Australia The history of nursing is replete with examples of nurses battling for autonomy over their education, knowledge and work practices. The latest battleground is HealthDirect, Australia's first medial call centre, where nurses are required to meet externally imposed clinical standards while satisfying legal and financial obligations. These objectives are arguably achieved when nurses assess callers’ health (...) problems via computerised algorithms that determine an appropriate plan of action. That way, nurses’ subjective responses to callers are ruled out. To ensure nurses comply with the standard processes, calls are monitored randomly and surreptitiously in formal and informal ways. This paper explores how nurses respond to standard procedures and surveillance, in order to argue that nurses’ input partially drives reform processes. Nurses continue to seek autonomy over the advice they give and how their work is evaluated but are constrained by structural power relations. (shrink)

This article addresses our failing ability to hold business corporations to the public interest, or even to bare legality. It defends, in brief compass, the reasonableness of the expectation that corporations provide public benefits as consideration for their public privileges. But as succeeding sections recount, the traditional instrument for holding corporations to the public interest has gradually been undermined; and our standard, punitive tools for holding them even to bare legality, suffer from inherent limitations and fail (...) adequately to deter corporate misconduct. A more adequate approach would be to supplement the current punitive regime with reform of corporate governance in directions that would decrease the temptation of managers to engage in misconduct in the first place. Several possibilities are considered, with the most promise found in allowing corporations to be owned by Danish-style “industrial foundations.” Among its advantages, the reform is realizable and would reduce incentives to corporate misconduct without compromising on performance. Industrial foundations also customarily direct a portion of corporate profits to charity, in effect reinstating the norm that for-profit corporations provide public benefits. (shrink)

In this essay I use the term “whistleblowing” and its various forms to apply to unauthorized disclosures of information by employees or people in some category of labor relationship to an organizat...

There is a rapidly growing public interest in nanotechnology such that people increasingly buy various books to inform themselves about nanotechnology. This paper tries to measure the public interest focus on nanotechnology and its relation to the public interest in other fields of knowledge by applying a new method. I combine formal network analysis of co-purchase book data with traditional content analysis. The method is successful in identifying the books that the public reads to be informed (...) about nanotechnology, in distinguishing between different kinds and classes of books and thereby between different interest foci and readerships and their relations. The results suggest that nanotechnology is for many the first intense contact with science and technology and that they read a great variety of different kinds of books. Rather than on general introductions to current research written by scientists or science journalists, readers focus on forecasting and visionary literature including business guides, written by software entrepreneurs and business consultants. Unlike expert readers, who connect nanotechnology to other fields of science and engineering, the broader public connects it to visions about dissolving the human/machine distinction. Although the distinction between non-fiction and science fiction is still important for readers, border-crossing authors increasingly blur it. (shrink)

Pat White; Education, Democracy and the Public Interest, Journal of Philosophy of Education, Volume 5, Issue 1, 30 May 2006, Pages 7–28, https://doi.org/10.1111.

This book is an attempt to examine the concept of "public interest" and show that, while it has no general, unchanging, descriptive meaning applicable to all policy decisions, it does have a non-arbitrary descriptive meaning which can be determined in particular cases. This meaning can be found through "reasoned discourse" which attempts to relate the anticipated effects of a policy to community values. The concept of public interest is, the author argues, neither a vacuous phrase nor a verbal (...) device useful only for propaganda purposes. The author then attempts to see whether "reason" as it appears in "reasoned discourse" mentioned above can carry the burden assigned to it. In a close examination of what "giving reasons" consists of in the absence of a hierarchy of values, the author shows that it amounts to more than an infinite logical regress. The author admits that there remains an arbitrary element in value judgments which is much smaller and capable of more precise definition than is usually thought). In situations of conflict and diversity of values among reasoning men, the dilemma is resolved by the principle of "authority." Authority itself is required to justify its decisions by giving reasons, but precisely what authority is, beyond this giving of reasons based on somewhat arbitrary values, is not examined.—S. W. (shrink)

Although the idea of the public interest features prominently in many accounts of deliberative democracy, the relationship between deliberative democracy and the public interest is rarely spelt out with any degree of precision. In this article, I identify and defend one particular way of framing this relationship. I begin by arguing that people can deliberate about the public interest only if the public interest is, in principle, identifiable independently of their deliberations. Of course, some pluralists claim (...) that the public interest is an implausible idea, which casts doubt on the idea that there might be something for people to deliberate about. Yet while, following Brian Barry, we can get around this problem by defining the public interest as an interest in which everyone shares qua member of the public, what still needs to be explained is why people should be prepared to privilege this particular capacity. I argue that the account of political equality with which deliberative democracy is bound up offers a compelling explanation of this sort, even if it also gives rise to some difficult questions of feasibility. I conclude by considering the charge that any political scheme that framed the relationship between deliberative democracy and the public interest in this way would be undesirable. (shrink)

This book examines the concept of public interest against the background of English politics from the Civil War to the coming of the Hanoverians. These years witnessed both the rise of the modern notion of the public interest as a part of ordinary political language and the growth of a social philosophy of individualism. The new ideas challenged the _status quo_, based on order, reason of state and national power, in the name of legitimate self-interest and respect for (...) the rights of the private person. In presenting a complex set of ideas in their historical context, the author examines both abstract philosophies and the issues of the day as recorded in press, pulpit and law courts. A chapter devoted to economic thought includes a re-assessment of the social assumptions of mercantilism. (shrink)

Although Professor Lewin is not testing existing views that, for people in politics, 'egoism rules' on deep theoretical grounds, he strongly argues that empirical facts do not support such views and thus opens a new chapter in the debate on ...

Privacy laws are fundamental to protecting individual freedom and autonomy against the tyranny of the majority, and the social orthodoxy imposed through gossip. While it is widely recognized within academic debate that there are limits to freedom of expression, there is little debate about the limits to the right of privacy. We argue that the public interest is a limit to the right of privacy, mediating between the rights of expression and freedom and the flow of information. In doing (...) so, it clarifies not only when invasions of privacy are morally justified, but when claims to privacy are morally unjustified. (shrink)

According to the House of Lords decision in Campbell v MGN Ltd, a misuse of private information claim may succeed even though public interest expression is at stake. The post-Campbell jurisprudence, however, does not reflect this central tenet. Cases are not determined by balancing the weight of each claim but by a binary approach in which claims succeed or fail depending on whether public interest expression is present or not. By charting this development, this article argues that a (...) greater sense of proportionality would be achieved if cases were decided not by the quality of expression but by the harm caused by it. By re-imagining Campbell as a four-part test, it will show how the current paternalistic and idiosyncratic influences on decision-making may be reduced significantly. (shrink)

AI for social good is a thriving research topic and a frequently declared goal of AI strategies and regulation. This article investigates the requirements necessary in order for AI to actually serve a public interest, and hence be socially good. The authors propose shifting the focus of the discourse towards democratic governance processes when developing and deploying AI systems. The article draws from the rich history of public interest theory in political philosophy and law, and develops a framework (...) for ‘public interest AI’. The framework consists of (1) public justification for the AI system, (2) an emphasis on equality, (3) deliberation/ co-design process, (4) technical safeguards, and (5) openness to validation. This framework is then applied to two case studies, namely SyRI, the Dutch welfare fraud detection project, and UNICEF’s Project Connect, that maps schools worldwide. Through the analysis of these cases, the authors conclude that public interest is a helpful and practical guide for the development and governance of AI for the people. (shrink)

The rise of liberal market economies, propagated by neoliberal free market thought, has created a vacant responsibility for public interests in the market order of society. This development has been critiqued by Catholic social teaching (CST), forcefully arguing that governments and businesses should be directed to the common good. In this debate, no attention has yet been given to the Reformational tradition and its principle of sphere sovereignty, which provides guidelines on the responsibilities of governments and companies for (...) the public interest of society. This article analyzes the differences and similarities between CST and the Reformational philosophy in their critiques of the neoliberal free market perspective of Hayek. We apply the three perspectives to the case of orphan drugs in the pharmaceutical industry and show that CST and the Reformational philosophy offer valuable insights in correction to Hayek’s views on the responsibilities of governments and companies for public health interests. (shrink)

In their response to ‘Public interest in health data research: laying out the conceptual groundwork’, Grewal and Newson critique us for inattention to the law and putting forward an impracticably broad conceptual understanding of public interest. While we agree more work is needed to generate a workable framework for Institutional Review Boards/Research Ethics Committees, we would contend that this should be grounded on a broad conception of public interest. This broadness facilitates regulatory agility, and is already reflected (...) by some current frameworks such as that found in the guidelines approved under Australia’s Privacy Act. It remains unclear which elements of our broad account Grewal and Newson would reject, or indeed where the substantive disagreement with our position lies. (shrink)

As in science, so in bioethics: if prohibiting conflicts of interest is not feasible, rigorous requirements for disclosure can at least manage them.

We examined the public interest reports of General Motors from 1971 to 1990 and presented the contents thereof herein. The principal areas disclosed by GM during those years that are discussed in this paper were minorities, women, and employment issues, energy and the environment, international operations, automotive safety, and philanthropic activity. The purpose of this study was to examine the public interest report as a vehicle through which a firm might disclose information in the public interest. We (...) concluded that there were at least three principal forces driving GM's disclosures. They included public attention focused on, potential costs associated with, and the relative subjectivity of an issue.In reading their public interest reports, it became clear that GM is socially responsive in matters of public interest. Whether they are socially responsible is a judgment not within the scope of this study. However, we do not preclude the possibility that the report may serve as a vehicle which would build a certain momentum in public responsibility, and thus partially drive decisions made by management in social issues. (shrink)

이 글은 「불교와 공익자산」에 대하여 연구한 논문이다. 일반적으로 ‘공익’이란 말은 명사로서 ‘공공의 이익, 공동의 이익’이라는 의미가 있으며, 자산(資産asset)은 명사로서 사전정의는 경제개인이나 법인이 소유하고 있는 경제적 가치가 있는 유형ㆍ무형의 재산으로 크게 유동 자산과 고정 자산으로 대별된다.BR 본 논문에서는 불교의 공익자산의 물질적인 측면과 정신적인 측면, 그리고 『금강경』에 보이는 공익자산정신을 중심으로 살펴보았다. 먼저 물질적인 측면은 한국 불교의 전통사찰을 중심으로 살폈고, 정신적인 측면은 선사상을 중심으로 접근하여 분석해보았다. 그리고 『금강경』에 보이는 공익자산정신을 보살도(菩薩道)와 선(禪)[冥想]사상에 입각하여, 『금강경』에 설해진 보시바라밀과 인욕바라밀에 대하여 살펴보았다. 그 결과, 불교와 공익자산은 우리의 (...) 일상생활과 뗄레야 뗄 수 없는 불가분의 관계에 있다는 것이다. 왜냐하면 정신적인 측면에서 불교의 궁극적 목적은 마음의 자유로운 경지[해탈, 열반]에 도달하는 데 있기 때문이다. 따라서 불교경전 도처에 등장하고 있는 수많은 보살대중이 한결같이 모든 중생을 구제하겠다는 서원을 세우고, 그 서원을 실천하는 이타행(利他行) 역시 인류에게 정신적인 유익함을 줄 수 있는 수승한 불교의 공익자산인 것이다. (shrink)