The aim of the Directive 2005/29 on unfair commercial practices is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by way of approximation of the laws, regulations and administrative provisions of Member States relating to the elimination of these practices. As announced to the European Commission’s Green Paper, the Commission felt that the existing regulations in the Member States in that the regard to show significant differences (...) causes legal uncertainty and barriers to the operation of the internal market, including building consumer confidence in cross-border transactions. The advantage of the full unification of the law is to strengthen the autonomy of Community law, the achievement of effectiveness. It is questionable whether it is due to the subject matter which is the maximum harmonization discussed act will actually serve to protect economic interests of the consumer. In particular, it undermines the treaty-legal basis, which clearly is aimed at strengthening the single market. Also changes in the Lisbon Treaty, particularly Article 3 TEU, are aimed at establishing the internal market. In the last judgments, like on 9 November 2010 we find that Directive 2005/29 must be interpreted as precluding a national provision, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives. Does the new act in consequence of the implementation of the national member states give great scope for the flexible operation and may become an effective instrument of pressure to improve business practices? (shrink)

Pricing policies and fair-trade practices are critical for sustaining commercial relationships between firms and customers. Nevertheless, in current business practices, fairness has been mistakenly reduced to a minimalistic ethic wherein justice only demands legal and explicit norms to which commercial parties voluntarily agree. Aimed at giving a different explanation of commercial agreements, this paper will introduce a Virtue Ethics (VE) explanation of the relationship between pricing and the common good by taking up classical concepts related (...) to justice in commerce. In particular, we will explore three principles associated with the notion of fairness in commerce as defined in Neo-Aristotelian ethics towards a relationship between a common good and justice in pricing, i.e., proportionality, benevolence and well-being. To exemplify how these criteria of justice apply to decision-making in commercial practices, we will discuss several cases of fair and unfair commercial relationships. (shrink)

Misleading information and unfair commercial practices have to be viewed against the background of what consumers otherwise do, i.e., what their purchase decisions look like when no misleading information or no unfair commercial practices are in place. This article provides some of this background by studying how consumers sample information when making an in-store purchase decision. This was done by an eye-tracking study which reveals to what extent consumers succeed in purchasing the products that (...) best meet their purchase intentions when only a representative amount of misleading information is present. The study shows that decisions were suboptimal in relation to what the consumers claimed they wanted to purchase. Only in one product category did consumers in this study actually look at products that were slightly better than average, and as a result, they mainly selected products that were just as often poor as good. If the proportion of bad purchase decisions based on misleading information is small enough, perhaps it might be better to direct the authors’ attention to other ways of improving the decision environments that consumers encounter. In addition, the eye-tracking study provides some insight into how consumers sample information when making an in-store purchase decision. The present data show that consumers invested on average of less than 1 s to look at products. (shrink)

As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in (...) the food and beverage industry’s self-regulatory approach. (shrink)

This paper draws from the work of sixteenth century theologian, philosopher, and ethicist Domingo de Soto and considers his virtue-based approach to the ethical evaluation of commerce within an Aristotelian–Thomistic framework for the articulation of business and the common good. Particular attention is given to the fundamental emphasis placed by Soto in distinguishing between commerce as an activity and the specific conduct of persons engaging in commercial activity. The distinction between the material and the formal parts of the common (...) good is then employed to shed light on the way Soto articulates commercial practices, virtuous character, and the common good. It is concluded that Soto’s major contribution for business ethics is clarifying that the key element for the ethical evaluation of commerce is the embodiment of virtuous personal conduct in the exercise of commercial activity. In this framework, the fulfillment of commerce’s potential to contribute to the common good is thus fundamentally interconnected with putting virtues into practice. (shrink)

Decisions based on algorithmic, machine learning models can be unfair, reproducing biases in historical data used to train them. While computational techniques are emerging to address aspects of these concerns through communities such as discrimination-aware data mining and fairness, accountability and transparency machine learning, their practical implementation faces real-world challenges. For legal, institutional or commercial reasons, organisations might not hold the data on sensitive attributes such as gender, ethnicity, sexuality or disability needed to diagnose and mitigate emergent indirect (...) discrimination-by-proxy, such as redlining. Such organisations might also lack the knowledge and capacity to identify and manage fairness issues that are emergent properties of complex sociotechnical systems. This paper presents and discusses three potential approaches to deal with such knowledge and information deficits in the context of fairer machine learning. Trusted third parties could selectively store data necessary for performing discrimination discovery and incorporating fairness constraints into model-building in a privacy-preserving manner. Collaborative online platforms would allow diverse organisations to record, share and access contextual and experiential knowledge to promote fairness in machine learning systems. Finally, unsupervised learning and pedagogically interpretable algorithms might allow fairness hypotheses to be built for further selective testing and exploration. Real-world fairness challenges in machine learning are not abstract, constrained optimisation problems, but are institutionally and contextually grounded. Computational fairness tools are useful, but must be researched and developed in and with the messy contexts that will shape their deployment, rather than just for imagined situations. Not doing so risks real, near-term algorithmic harm. (shrink)

Community-Based Tourism offers local residents opportunities to manage local tourism resources while sustaining their lifestyle at the same time. The research objective of the study was to explore the process and experience of communities in Northern Thailand which are known as elephant habitats, how these communities strive for stimulating the local economy without jeopardizing the way of life. The study was qualitative in nature. Qualitative data collection methods such as field observations and in-depth interviews were employed. The qualitative data were (...) further analyzed with thematic analysis. In practicing CBT, the findings identified positive factors, negative factors, and suggestions. The study found that the communities took pride in their cultural as well as natural resources and they are willing to commercialize these resources to a certain degree, i.e. founding elephant themed facilities, as has evidently been indicated. Consequently, as many issues factor into the practice of CBT, the study concluded that community participation and government support should have played a crucial role in maintaining new balance of overall local lifestyle sustainability and commercialization during and after the pandemic. (shrink)

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey of (...) immovable prop-erties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed accord-ing to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include record-ings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.Summary: The Ottoman legal system consists of sharia and customary law. Ordinary law is based on some regulations which the sultan deems necessary and is composed of laws. The Ordinary law should not contradict sharia. When the Ottomans conquered a place, they generally protected the current laws (such as Uzun Hasan's laws), except for necessary changes or cancellations. When the Ottomans conquered a place, they used to make census to determine taxes. As a result of this census, Sanjak qānūnnāmes were placed in taḥrīr books. It also involves issues such as public and criminal law, customary tax regulations, and amounts of market taxes, which are approved by the emperor. In this article, the Sanjak qānūnnāmes of different regions belonging to the period of Suleiman the Magnificent, whose dates are close to each other, were selected. The Sanjak qānūnnāmes which are studied on are Kemah sanjak of Erzurum province belonging to (937/1530) and Āmid sanjak of Diyarbekir province belonging to (947/1540) and Pojega sanjak of Budin province belonging to (950/1545). The reason for this is to be able to compare the differences or stableness in tax and practices in the mentioned date range. At the same time, attention has been paid to the effectiveness of customary practices and the parts that are linked to sharīʾa. Some of the laws of Uzun Hasan are in force in Kemah and Amid. In these two sanjaks, some of the bâc taxes and some other taxes were removed. It is seen that the complaints made by the public due to the excess of taxes are taken into consideration. For example, in Kemah, the akche of murahhasiyye paid by the villagers for Armenian priests and bishops is one of them. The taxes that are abolished include kulluk and blend tax and taxes from various business lines. The tax, which was collected by the governors of the sanjak and the castle beys under the name of custom, which was imposed by some local administrators, was cancelled by seeing bidat. When three of the sanjaks are taken together, there are cautions that unfair and unlawful tax collections made by local administrators during tax collection have been abolished and these are accepted as bidat. Kemah sanjak qānūnnāme is 13 pages in total. Kemah, which has a geographical position and military transit route, has commercial relations with cities such as Trabzon and Hasankeyf. In Kemah, there are candle mill (şemhane), creamery (bezirhane) and tavern (meyhane). Kemah is one of the places where the climate has an impact on agriculture. Kemah's economy is based on trade, agriculture, small livestock, beekeeping. In Kemah, where caravan trade is important, trade goods are of value due to its location on the transit road. The Kemah qānūnnāme also contains various taʿzīr for unjust killing, wounding, and adultery. In the city, there are some arcs have ownership in common. The fact that there are mills indicates that the rivers in Kemah are utilized. Âmid Sanjak qānūnnāme consists of two pages. The title that attracts our most attention is that there is vitality and economic activity in the market since Âmid is on the Aleppo-Mosul Silk Road. The high number of weaving looms is due to the production of cotton. Amid has dye house and saphane. Indigo and Amid's red dye sold in the market shows the importance of weaving. Pojega sanjak qānūnnāme is composed of seven pages. Among the qānūnnāmes we have mentioned, this is the most legible one. In addition to the old practices, there are some new regulations in this qānūnnāme. The pig tax is only here because of the non-Muslim population. Transit tax fees indicate trading viability. Based on the studies made on these three sanjaks, it can be said that in the qānūnnāme, the rights of the raia (reaya) were tried to be protected by the rescript of the Sultan himself. Therefore, the most remarkable things in the qānūnnāme are not allowed unfair practices of local administrators and without the need to collect taxes from the public. The dates of the qānūnnāme are close to each other and Despite geographical differences, there is no remarkable change in taxation. Although there are non-Muslim populations in all three sanjaks, it is mostly in the Pojega sanjak. The fact that the pig tax is collected only from this sanjak is evidence of this situation. The presence of meyhane in Kemah, Amid and Pojega sanjaks point to the non-Muslim population. It is also used as a place where the villagers sell their grape juice. The mill tax on Kemah and Pojega show that rivers are used in common. (shrink)

Fairness in machine learning (ML) is an ever-growing field of research due to the manifold potential for harm from algorithmic discrimination. To prevent such harm, a large body of literature develops new approaches to quantify fairness. Here, we investigate how one can divert the quantification of fairness by describing a practice we call “fairness hacking” for the purpose of shrouding unfairness in algorithms. This impacts end-users who rely on learning algorithms, as well as the broader community interested in fair AI (...) practices. We introduce two different categories of fairness hacking in reference to the established concept of p-hacking. The first category, intra-metric fairness hacking, describes the misuse of a particular metric by adding or removing sensitive attributes from the analysis. In this context, countermeasures that have been developed to prevent or reduce p-hacking can be applied to similarly prevent or reduce fairness hacking. The second category of fairness hacking is inter-metric fairness hacking. Inter-metric fairness hacking is the search for a specific fair metric with given attributes. We argue that countermeasures to prevent or reduce inter-metric fairness hacking are still in their infancy. Finally, we demonstrate both types of fairness hacking using real datasets. Our paper intends to serve as a guidance for discussions within the fair ML community to prevent or reduce the misuse of fairness metrics, and thus reduce overall harm from ML applications. (shrink)

This essay will focus on the moral issues relating to surrogacy in the global context, and will critique the liberal arguments that have been offered in support of it. Liberal arguments hold sway concerning reproductive arrangements made between commissioning couples from wealthy nations and the surrogates from socioeconomically weak backgrounds that they hire to do their reproductive labor. My argument in this paper is motivated by a concern for controlling harms by putting the practice of globalized commercial surrogacy into (...) the context of care ethics. As I will argue, the unstable situations into which children of global surrogacy arrangements are born is symbolic of the crisis of care that the practice raises. Using the Baby Manji case as my touch point, I will suggest that liberalism cannot address the harms experienced by Manji and children like her who are created through the global practice of assisted reproductive technology. I will argue that, if commissioning couples consider their proposed surrogacy contracts from a care ethics point of view, they will begin to think relationally about their actions, considering the practice from an ethical lens, not just an economic or contractual one. (shrink)

This article investigates the ethical foundations for both personal and commercial conduct, placing these a) for natural individuals with Kant’s categorical imperative as the standard for verification and b) for entities defined to conduct business with markets that freely determine prices among the participating actors at the moment of exchange. Pervasive digitization of transactions is noted. The concepts of currency and money are defined and examined in practice, drawing on the statements of international and US government agencies, economists as (...) well as investigative reporters. (shrink)

Document assembly and other substantive legal practice applications are the most knowledge-intense forms of software now widely available in the legal technology marketplace. This article provides an illustrative look at two contemporary practice system engines-CAPS and Scrivener-and examines their relevance for AI-and-law researchers.

A friend, correspondent and intellectual successor to David Ricardo, John Ramsay McCulloch forged his reputation in the emerging field of political economy by publishing deeply researched articles in Scottish periodicals and the Encyclopaedia Britannica. From 1828 he spent nearly a decade as professor of political economy at the newly founded University of London, thereafter becoming comptroller of the Stationery Office. Perhaps the first professional economist, McCulloch had become internationally renowned by the middle of the century, recognised for sharing his ideas (...) through lucid lecturing and writing. The present reference work, first published in 1832 and later revised, expanded and updated multiple times, made McCulloch considerable sums of money. His critical and analytical treatment of the data he had largely compiled himself made this much more than a mere book of facts. Several other works written or edited by McCulloch are also reissued in the Cambridge Library Collection. (shrink)

If capitalism is being increasingly understood as performative and processual, and if these understandings are being folded into capitalism's production of itself, what place does gender have in performing the commercial world? This article argues that the significance of gender as genre or type has been overlooked in the recent literature on the performance of the market or market relations. While the role of economic theories and management practices in making markets has been examined, and the place of (...) women in organizations has been explored, little attention has been paid to how gender as a productive process marks the creation and maintenance of market relations. Using material from a recent ethnographic study of the advertising industry, I examine how advertising practitioners incorporate vitalist understandings of market relations and of knowledge-producing activities into their practices. Framed as `creativity' and `innovation', these discursive practices perform what practitioners understand as a reproductive function in commercial life. (shrink)

Commercial video games are popular entertainment media and part of students’ media reality. While commercial video games’ main purpose is not learning, they nonetheless could and should serve as objects of reflection in formal educational settings. Teachers could guide student learning and reflection as well as motivate students with commercial video games, but more evidence from formal educational settings is required. We conducted two mixed methods case studies to investigate students’ reflection processes using commercial video games (...) in regular formal high school teaching. In a double lesson, 29 students of a 10th-grade biology course and 17 students of a 12th-grade advanced course on history played and discussed a commercial video game related to the current curricular topic. We examined the reflection processes of students in terms of their reactions to the teachers’ game-related statements and questions. Regarding teachers’ statements, students discussed several topics related to game enjoyment and the games’ representation of topic-related content. Regarding teachers’ questions, students discussed multiple goals in each game, how the games represented topic-related content, and how the games could be appropriate for learning. In Study 2, students additionally discussed emotions, stereotypes, violence, and the narrative related to the digital history game. We found that the discussions provided students opportunities to reflect on their game experiences and the current curricular topic as well as to practice media criticism. We further provide quantitative results on students’ perceived topic knowledge, on several facets of their learning motivation, and on their acceptance of video games. Overall, our findings illustrate the educational value of using commercial video games as objects of reflection. (shrink)

Over 30 million people worldwide have taken a commercial at-home DNA test, because they were interested in their genetic ancestry, disease predisposition or inherited traits. Yet, these consumer DNA data are also increasingly used for a very different purpose: to identify suspects in criminal investigations. By matching a suspect’s DNA with DNA from a suspect’s distant relatives who have taken a commercial at-home DNA test, law enforcement can zero in on a perpetrator. Such forensic use of consumer DNA (...) data has been performed in over 200 criminal investigations. However, this practice of so-called investigative genetic genealogy raises ethical concerns. In this paper, we aim to broaden the bioethical analysis on IGG by showing the limitations of an individual-based model. We discuss two concerns central in the debate: privacy and informed consent. However, we argue that IGG raises pressing ethical concerns that extend beyond these individual-focused issues. The very nature of the genetic information entails that relatives may also be affected by the individual customer’s choices. In this respect, we explore to what extent the ethical approach in the biomedical genetic context on consent and consequences for relatives can be helpful for the debate on IGG. We argue that an individual-based model has significant limitations in an IGG context. The ethical debate is further complicated by the international, transgenerational and commercial nature of IGG. We conclude that IGG should not only be approached as an individual but also—and perhaps primarily—as a collective issue. There are no data in this work. (shrink)

This paper provides an empirical account of commercial genetic testing in China. Commercial predictive genetic testing has emerged and is developing rapidly in China, but there is no strict and effective governance. This raises a number of serious social and ethical issues as a consequence of the enormous potential market for such tests. The paper demonstrates that the commercialization of genetic testing and the lack of adequate regulation have created an environment in which dubious advertising practices and (...) misleading and unprofessional medical advice are commonplace. The consequences of these ethically problematic activities for the users of predictive tests are unknown. The paper concludes with a bioethical and social science perspective on the ethical governance issues raised by the dissemination and utilization of commercial genetic testing in Chinese society. (shrink)

The idea of commercial‐assisted suicide lives a marginal existence in the bioethical literature, despite its significant presence in popular culture. The practice of commercial‐assisted suicide (CAS) is defined as suicide assistance performed for a financial reward through a contractual agreement between a customer and a service‐provider, who does not necessarily need to be a medical professional. While CAS does indeed offer some potential solutions regarding the moral controversies surrounding physician‐assisted suicide (PAS), I defend the idea that adopting it (...) as policy ultimately proves morally indefensible and practically inefficient. This is due to the fact that the commodification of a given good necessarily implies the creation of a market of said good; as such, what I propose in this paper is a moral and practical evaluation of a market of CAS. In order to do so, I first examine the arguments in favor of CAS as put forward by Roland Kipke, who argues that any liberal defense of PAS necessarily implies a defense of CAS. In the first section, I argue against this idea using the liberal values of autonomy and equality of opportunity. In the second section of the paper, I argue that a market of CAS would be gravely dysfunctional due to one particular characteristic of death, namely, that is not compensable ex post. I conclude by arguing that while the practice of CAS may not prove morally problematic, the inevitable market that it will create should it be legalized most certainly will. (shrink)

In this paper, I discuss the objectivity of science in the context of commercialized research. Objectivity has traditionally been associated with the behavior of individual scientists and their willingness and ability to base their reasoning on data and logic. By introducing some examples of problematic practices in current research, I show that this view is insufficient. A view that I call the Social View on objectivity succeeds better in accommodating the way in which commercialization affects research.

Contemporary theory of argumentation offers many insights about the ways in which, in the context of a public controversy, arguers should ideally present their arguments and criticize those of their opponents. We also know that in practice not all works out according to the ideal patterns: numerous kinds of derailments are an object of study for argumentation theorists. But how about the use of unfairstrategiesvis-à-vis one’s opponents? What if it is not a matter of occasional derailments but of one party’s (...) systematic refusal to take other parties seriously? What if one party continually forgoes any form of critical testing and instead resorts to threats or blackmail? Can this be countered by the tools of reason? Or should one pay one’s opponent back in the same coin? To gain some grasp of these issues, we describe a number of strategies used in the public controversy about induced earthquakes in Groningen. We check whether these strategies arefair,i.e.balanced, transparent,andtolerant.We also investigate the effects of the choice for a particular kind of strategy. It appears that, in circumstances, choosing a fair strategy may be detrimental for resolving the controversy and choosing an unfair one beneficial. Following up ideas from social psychology and political science, we formulate some guidelines for the choice of strategies. At the end, we stress the importance — especially for those whose opinions carry little weight — of having a society in which the knowledge and skills needed for assessing the fairness of strategies are widespread. (shrink)

Recommender Systems (RS) on digital platforms increasingly influence user behavior, raising ethical concerns, privacy risks, harmful content promotion, and diminished user autonomy. This article examines RS within the framework of regulations and lawsuits in the United States and advocates for legislation that can withstand constitutional scrutiny under First Amendment protections. We propose (re)framing RS-curated content as commercial speech, which is subject to lessened free speech protections. This approach provides a practical path for future legislation that would allow for effective (...) oversight of RS, particularly in areas of substantial public interest like child safety, national security, and misinformation. (shrink)

Emotions are an integral part of our moral practices. While the links between emotions and morality have received much philosophical attention recently, the phenomenon of unfair emotions remains under-explored. This book examines an everyday phenomenon: that we often perceive other people’s emotions as unfair, in a similar way as if they acted unfairly. It argues that the notion of unfairness combines elements of the unfittingness and of the moral relevance of an emotion. In the first half of (...) the book, the author shows how an unfair emotion can wrong another person. His account holds that an emotion is unfair to its target if its inherent action tendencies constitute a directed moral hazard to the targeted person. In the second half, the author examines to what extent we are responsible for feeling an unfair emotion, and in what way we can—and cannot—be held accountable for it. He argues not only that emotions can be unfair, but also that there are limits to when we may hold people accountable for them. (shrink)

We begin by a summary of the standardized version of the model of the interaction between scientific activities and values (elaborated fully in Lacey and Mariconda, 2015), and based on it we argue that there is a profound incoherence in the self- understanding of the modern scientific tradition, and that the main options actually available to ensure continuity with the positive realizations of this tradition can be well represented by two sorts of ideal types that we name, respectively,“commercially orientated technoscience” (...) and “multi-strategic research”. Then, in the light of the predominance that commercially oriented technoscience has gained in contemporary scientific institutions, we argue for the importance of developing multi-strategic research in areas such as agriculture. This is needed so that adequate evaluation of the potential risks of large scale applications of technoscience, as well as harm they may have actually occasioned, can be made; and also so that these applications can be rigorously compared with scientifically informed practices, such as agroecology, which are not as problematic for human health and the environment and which explore the regenerative powers of nature itself. (shrink)

This article explores one aspect of digital politics, the politics of videos and more specifically of DAESH recruitment videos. It proposes a practice theoretical approach to the politics of DAESH recruitment videos focused on the re-production of regimes of (in)visibility. The article develops an argument demonstrating specifically how digital and commercial logics characterize the aesthetic, circulatory, and infrastructuring practices re-producing the regime of (in)visibility. It shows that digital/commercial logics are at the heart of the combinatorial marketing of (...) multiple, contradictory images of the DAESH polity in the videos; that they are core to the participatory, entrepreneurial, individualized and affective processes of contagion determining whom the videos reach and involve; and that they shape the sorting, linking, flagging and censoring of the videos that define their accessibility on the internet. The theoretical and political cost of overlooking these digital and commercial characteristics of DAESH visibility practices are high. It perpetuates misconceptions of how the videos work and what their politics are and it reinforces the digital Orientalism/occidentalism in which these misconceptions are anchored. (shrink)

Thousands of people will suffer and die this year because we do not donate enough substances of human origin, including blood plasma. To solve this, some recommend that we allow commercial organizations to assist in collecting these and that we permit donor compensation as a tool to encourage donations. Many object to these proposals, including for semiotic or expressive reasons. But insofar as these objections rely on meanings and these meanings are social constructs, we can revise the meaning of (...) these practices to avoid commodification. Revision may work in principle, but in practice some complain that changing meanings may be too difficult or practically infeasible. This essay attempts to show that this is not so in a wide range of cases and uses the case of commercial compensated blood plasma collection as an illustration. Getting people to conceive of this practice not as payment for blood plasma but as compensation for the time, effort, and inconvenience associated with the giving of plasma is practically feasible and preferable to prohibition. (shrink)

Obesity is a public health problem in the United States. Experts have identified the regulation of food marketing as a policy strategy to address obesity and poor nutrition. However, the First Amendment can be a barrier to reducing exposure to problematic food marketing. In recent years, courts have become increasingly protective of speech, and particularly of “commercial speech,” or advertising, which can make it more difficult to regulate certain marketing practices.

Based on data from a survey of biological scientists at 125 American universities, this article explores how the commercialization of the university affects the problems academic scientists pursue and argues that this reorientation of scientific agendas results in a shift from science in the public interest to science for private goods. Drawing on perspectives from Bourdieu on how actors employ strategic practices toward the accumulation of social capital and acquire dispositional and perceptional tendencies that in turn recondition social structures, (...) the commercialization of the university is construed not as something that ‘‘happens to,’’ but rather something that ‘‘happens through’’ academic scientists. The specific shape and direction of the commercialization of the university is therefore influenced by how scientists incorporate the new resources and social relations of commercialization into their scientific practice and how their creative engagement with shifting structural conditions remakes the culture of academic science. (shrink)

In this paper, the ethical, legal, and social implications of Thailand’s surrogacy regulations from both domestic and global perspectives are explored. Surrogacy tourism in Thailand has expanded since India strengthened its visa regulations in 2012. In 2015, in the wake of a major scandal surrounding the abandonment of a surrogate child by its foreign intended parents, a law prohibiting the practice of surrogacy for commercial purposes was enacted. Consequently, a complete ban on surrogacy tourism was imposed. However, some Thai (...) physicians and surrogate mothers cross into neighboring countries to provide foreign clients with the commercial surrogacy services that are forbidden in Thailand. Under this legislation, the needs of Thai couples who are unable to conceive are accommodated by legally accessible, non-commercial surrogacy services; however, there is currently no provision in place aimed at protecting the rights and interests of surrogate mothers and children. It is widely believed that the abolition of surrogacy tourism, an industry that give rise to several major scandals, and legal access to surrogacy by Thai couples were the Thai government’s primary goal in implementing this legislation. (shrink)

This article considers the potential for a researcher to use their own creative practice as a method of data collection. Much of the published material in this field focuses on more theoretical positions, with limited use being made of specific PhDs that illustrate the context in which practice was undertaken by the researcher. It explores strategies for data collection and researcher motivation during what the author identifies as "researcher practice." This is achieved through the use of three PhD case studies. (...) Methods of data collection focus on: the use of output from practice for quantitative data collection, the use of output from practice for qualitative data collection, and the use of output from practice for data translation. The article discusses the methodologies employed in the case studies to identify themes which enable the definition of a generic researcher practitioner methodology. It notes the significance of creative practice in support of data collection and the differences between researcher practice and commercial practice, and emphasises the contribution of researcher practice towards personal motivation. (shrink)

In this article we argue that commercial boycotting is not an uncontested economic right. Rather, the practice of boycotting often requires further moral justification. We argue that this justification should not rely solely on the consequences of boycotting, nor should it rely solely on the complicity of the consumer. We suggest that both justifications are subject to pressing objections. In light of these objections, we outline an alternative non‐consequentialist justification of commercial boycotting that is grounded in the moral (...) values of conscience and personal integrity. We then explore the scope of this justification in the legal realm. We focus on cases where consumers lack freedom of exchange due to their contractual obligations and conclude by defending a qualified legal right to breach contracts on conscientious grounds. (shrink)

We must understand that with the possibility of commercial space travel on our horizon, it comes with a number of significant practical and moral challenges. This volume provides the first comprehensive and unifying analysis concerning the rise of private space exploration, with a view toward developing policy that may influence real-world decision making. The plethora of questions demanding serious attention - privatisation and commercialisation, the impact on the environment, health futures, risk assessment, responsibility and governance - are directly addressed (...) in this scholarly work. (shrink)

In the sport ethics literature, the general attitude with regard to the influence of commercialization in sport is to draw attention to the ways it undermines sport and morally corrupts those involved in it. This paper attempts to provide a counternarrative to this literature, focusing on criticism of commodification of sport that revolves around the idea of fairness. A brief libertarian framework is presented and three characteristics of sport are outlined, which are shown to make sport a particularly well-suited context (...) for libertarian approaches. Unlike a good deal of human activities, engaging and disengaging from sport carries few internal barriers, a fact that creates the opportunity for participants to introduce alternatives to the established way of playing sport. In this case, if alternatives to certain means of playing sport can always be found, then no concrete instance in which sport is played can truly be considered as unfair as individuals always.. (shrink)

The nascent for-profit psychedelic industry has begun to engage in corporate practices like funding scientific research and research programs. There is substantial evidence that such practices from other industries like tobacco, alcohol, pharmaceuticals and food create conflicts of interest and can negatively influence population health. However, in a context of funding pressures, low publicly funded success rates and precarious academic labor, there is limited ethics guidance for researchers working at the intersection of clinical practice and population health as (...) to how they should approach potential financial sponsorship from for-profit entities, such as the psychedelic industry. This article reports on a reflective exercise among a group of clinician scientists working in psychedelic science, where we applied Adams’ (2016) PERIL (Purpose, Extent, Relevant harm, Identifiers, Link) ethical decision-making framework to a fictionalized case of corporate psychedelic financial sponsorship. Our analysis suggests financial relationships with the corporate psychedelic sector may create varying degrees of risk to a research program’s purpose, autonomy and integrity. We argue that the commercial determinants of health provide a useful framework for understanding the ethics of industry-healthcare entanglements and can provide an important population health ethics lens to examine nascent industries such as psychedelics, and work toward potential solutions. (shrink)

This article discusses the potential sources and consequences of unfairness in artificial intelligence (AI) predictive tools used for anti-corruption efforts. Using the examples of three AI-based anti-corruption tools from Brazil—risk estimation of corrupt behaviour in public procurement, among public officials, and of female straw candidates in electoral contests—it illustrates how unfairness can emerge at the infrastructural, individual, and institutional levels. The article draws on interviews with law enforcement officials directly involved in the development of anti-corruption tools, as well as academic (...) and grey literature, including official reports and dissertations on the tools used as examples. Potential sources of unfairness include problematic data, statistical learning issues, the personal values and beliefs of developers and users, and the governance and practices within the organisations in which these tools are created and deployed. The findings suggest that the tools analysed were trained using inputs from past anti-corruption procedures and practices and based on common sense assumptions about corruption, which are not necessarily free from unfair disproportionality and discrimination. In designing the ACTs, the developers did not reflect on the risks of unfairness, nor did they prioritise the use of specific technological solutions to identify and mitigate this type of problem. Although the tools analysed do not make automated decisions and only support human action, their algorithms are not open to external scrutiny. (shrink)

PurposeFacebook users are both producers and consumers, in the sense that they produce the disclosures that allow for Facebook's business success and they consume services. The purpose of this paper is to examine how best to characterize the commercialized and compliant members. The authors question the Facebook assertion that members knowingly and willingly approve of personal and commercial transparency and argue, instead, that complicity is engineered.Design/methodology/approachA survey of Facebook users was conducted between December 2010 and April 2011 at one (...) private and four public universities. Respondents were questioned about: the level of their consumer activity on Facebook; their knowledge of Facebook advertiser data sharing practices and their attitude toward such; their use of sharing restrictions and the groups targeted; and their assessment of transparency benefits versus reputation and consumer risks.FindingsNo evidence was found to support the Facebook account of happy prosumers. Members reported that they avoided advertisements as much as possible and opposed data sharing/selling practices. However, many respondents were found to be relatively uneducated and passive prosumers, and those expressing a high concern for privacy were no exception.Research limitations/implicationsDue to the nonprobability sampling method, the results may lack generalizability.Practical implicationsTo avoid unwanted commercialization, users of social networking sites must become more aware of data mining and privacy protocols, demand more protections, or switch to more prosumer‐friendly platforms.Originality/valueThe paper reports empirical findings on Facebook members' prosumption patterns and attitudes. (shrink)

This article proposes reconsideration of laws prohibiting paid surrogacy in Australia in light of increasing transnational commercial surrogacy. The social science evidence base concerning domestic surrogacy in developed economies demonstrates that payment alone cannot be used to differentiate “good” surrogacy arrangements from “bad” ones. Compensated domestic surrogacy and the introduction of professional intermediaries and mechanisms such as advertising are proposed as a feasible harm-minimisation approach. I contend that Australia can learn from commercial surrogacy practices elsewhere, without replicating (...) them. (shrink)

According to advocates and authors from different disciplines interested in biomedicine, biomedical research in genetics and genomics has the potential to transform medicine, the economy, society, and humanity as a whole. Believing in this potential, biomedical scientists produce knowledge and participate in the decisions concerning the orientation of this research and its applications. Through a qualitative analysis of scientists' practice-related discourse, we identified three main sources of complexity in their involvement in the "commercial revolution" of science. First, scientists insist (...) on the existence of different types of university-industry relationships. Second, they urge that the multiple realities of genetic and genomic research be acknowledged. Third, they present themselves as individuals in a diverse scientific community, each with a unique position in this commercial revolution. This paper draws attention to these complexities because they must be considered when engaging in a study of genetics and genomics advances from a research ethics perspective. (shrink)

BackgroundTriggered by a series of controversies and diversifying expectations of editorial practices, several innovative peer review procedures and supporting technologies have been proposed. However, adoption of these new initiatives seems slow. This raises questions about the wider conditions for peer review change and about the considerations that inform decisions to innovate. We set out to study the structure of commercial publishers’ editorial process, to reveal how the benefits of peer review innovations are understood, and to describe the considerations (...) that inform the implementation of innovations.MethodsWe carried out field visits to the editorial office of two large academic publishers housing the editorial staff of several hundreds of journals, to study their editorial process, and interviewed editors not affiliated with large publishers. Field notes were transcribed and analysed using coding software.ResultsAt the publishers we analysed, the decision-making structure seems to show both clear patterns of hierarchy and layering of the different editorial practices. While information about new initiatives circulates widely, their implementation depends on assessment of stakeholder’s wishes, impact on reputation, efficiency and implementation costs, with final decisions left to managers at the top of the internal hierarchy. Main tensions arise between commercial and substantial arguments. The editorial process is closely connected to commercial practices of creating business value, and the very specific terms in which business value is understood, such as reputation considerations and the urge to increase efficiency. Journals independent of large commercial publishers tend to have less hierarchically structured processes, report more flexibility to implement innovations, and to a greater extent decouple commercial and editorial perspectives.ConclusionOur study demonstrates that peer review innovations are partly to be understood in light of commercial considerations related to reputation, efficiency and implementations costs. These arguments extend beyond previously studied topics in publishing economics, including publishers’ choice for business or publication models and reach into the very heart of the editorial and peer review process. (shrink)

Over recent years, considerable attention has been paid to the National Health Service research governance and ethics approvals process in the UK. New regulations mean that approval from the Medicines and Healthcare Products Regulatory Agency is now also needed for conducting all clinical trials. Practical experience of gaining MHRA and sponsorship approval has yet to be described and critically explored in the literature. Our experience, from start to finish, of applying for these four approvals for a multicentre randomised controlled trial (...) of two licensed drugs for opiate detoxification in the prison setting is described here. In addition, the implications of the approvals process for research projects, particularly clinical trials, in terms of time and funding, and also indirect implications for NHS patients are discussed. Inconsistencies are discussed and suggestions that could improve and streamline the overall process are made. The current approvals process could now be hindering non-commercial clinical trials, leading to a loss of important evidence-based medical information. (shrink)

Child advertising is routinely accused of being inherently unfair. This is normally based on the claim that younger children do not understand advertising’s selling intent, a claim that is well supported by the available evidence. But the argumentation that gets us from this claim to inherent unfairness has been largely ignored. This article addresses this gap in the literature by considering two accounts of fairness as candidates for understanding child advertising: the process-exclusive account and the inclusive account. The article (...) argues for the rejection of the process-exclusive account on the basis that it ends up condemning acceptable, non-commercial persuasion. The article then examines the candidates for the negative outcome of child advertising that is required for unfairness on the inclusive account. It concludes that the evidence for each being inherent to child advertising is currently insufficient to support the conclusion that child advertising is inherently unfair. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

As a neo-liberal economy, India has become one of the new health tourism destinations, with commercial gestational surrogacy as an expanding market. Yet the Indian Assisted Reproductive Technology Bill has been pending for five years, and the guidelines issued by the Indian Council of Medical Research are somewhat vague and contradictory, resulting in self-regulated practices of fertility clinics. This paper broadly looks at clinical ethics in reproduction in the practice of surrogacy and decision-making in various procedures. Through empirical (...) research in New Delhi, the capital of India, from December 2011 to November 2012, issues of decision-making on embryo transfer, fetal reduction, and mode of delivery were identified. Interviews were carried out with doctors in eighteen ART clinics, agents from four agencies, and fourteen surrogates. In aiming to fulfil the commissioning parents’ demands, doctors were willing to go to the greatest extent possible in their medical practice. Autonomy and decision-making regarding choice of the number of embryos to transfer and the mode of delivery lay neither with commissioning parents nor surrogate mothers but mostly with doctors. In order to ensure higher success rates, surrogates faced the risk of multiple pregnancy and fetal reduction with little information regarding the risks involved. In the globalized market of commercial surrogacy in India, and with clinics compromising on ethics, there is an urgent need for formulation of regulative law for the clinical practice and maintenance of principles of reproductive ethics in order to ensure that the interests of surrogate mothers are safeguarded. (shrink)

Lex Mercatoria play a crucial role in resolving disputes arising from international trade contracts before arbitration bodies, thus establishing them as an independent legal system capable of regulating international commercial relations. This legal characteristic imposes a certain obligation on various arbitration bodies to apply them to the disputes brought before them, either based on the parties' intentions or based on the legal force inherent in those customs. Consequently, this research examines the extent of recognition of the binding force of (...) commercial customs before arbitration bodies, and based on that, it elucidates the authority of these bodies in applying them to international trade disputes. It is evident that these customs, due to their flexibility derived from the nature of commercial transactions and the customary practices of traders resorting to them, have become today an independent legal system that imposes itself on arbitration bodies even if the parties did not choose to apply those customs. This paper recommends the Jordanian legislator to explicitly adopt the application of these commercial customs in the Jordanian Arbitration Law texts, following the example of national and international comparative legislation. (shrink)

While the NSIGHT program was driven by a desire to define and gather data about both the benefits and harms of introducing genomic sequencing into the care of newborns, it remains to be seen how much influence these data will have in shaping the use of this technology in newborns. Ultimately, three additional forces—commercial interests, the technological imperative, and advocates—may play a significant role in shaping the use of sequencing in newborns. Policy‐makers and clinicians should be aware of the (...) effects of these additional forces when considering the appropriate use of this technology in clinical practice and public health screening programs. (shrink)

In this paper I will deal with two questions. One is the relatively specific issue of whether mandatory retirement is unjust discrimination against the aged. The position taken is that it is not. But in the development of this argument a principle is advanced which appears to have the consequence that nothing, or at least very few of the practices that we are intuitively inclined to regard as unfair discrimination, are discriminatory with respect to age.

Astonishing changes have occurred to agricultural production systems since WWII. As such, many people tend to date the origins of industrial chemical agricultural to the early 1940s. The origins of industrial chemical agriculture, however, both on and off the field, have a much longer history. Indeed, industrial agriculture’s much discussed chemical dependency—in particular its need for toxic chemicals—and the development of the industries that feed this fix, have a long and diverse past that extend well back into the nineteenth century. (...) In this paper, through the narrative of a late nineteenth century creation story, I go in search of a crucial linchpin in that longer history. I argue that industrial pest control has been imbued with the practices, discourse, materials, and ethics of modern chemical warfare since its inception. Faced with pest-induced collapse, Los Angeles citrus growers and scientists of the USDA and UC Agricultural Extension chemically fixed the citrus pest problem by developing and utilizing the cyanide gas chamber. Cyanide fumigation quickly became the toxic cornerstone of the citrus industry, enabling its intensification and expansion as the pest infection became systemic. By the turn the century, furnished with an economic poison made cheap and weapons-grade due to changes in the world gold mining industry, growers transformed cyanide fumigation into a necessary agricultural input. In chemically overriding an agro-ecological contradiction of capitalist agriculture, growers, scientists, and government officials amalgamated industrially organized agriculture to accelerating and endless chemical warfare. These suddenly necessary agricultural practices signaled a state change in world-ecology and agroindustrial organization, thus, the discovery of effective industrial control for citrus pests was not only a pivotal moment in the history of Southern California but it was also an event that has had world-historical implications. (shrink)