The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some studies the Institutional (...) Review Board/Research Ethics Committee review process should not assess the practicality of gaining consent for data use. Instead the review process should focus on assessing the public good of the research, public engagement and transparency. (shrink)

The concept of ‘ownership’ is increasingly central to debates, in the media, health policy and bioethics, about the appropriate management of clinical data. I argue that the language of ownership acts as a metaphor and reflects multiple concerns about current data use and the disenfranchisement of citizens and collectives in the existing data ecosystem. But exactly which core interests and concerns ownership claims allude to remains opaque. Too often, we jump straight from ‘ownership’ to ‘private property’ and conclude ‘the data (...) belongs to the patient’. I will argue here that private property is only one type of relevant relationship between people, communities and data. There are several reasons to doubt that conceptualising data as private property presents a compelling response to concerns about clinical data ownership. In particular I argue that clinical data are co-constructed, so a property account would fail to confer exclusive rights to the patient. A non-property account of ownership acknowledges that the data are ‘about the patient’, and therefore the patient has relevant interests, without jumping to the conclusion that the data ‘belongs to the patient’. On this broader account of ownership, the relevant harm is the severing of the connection between the patient and their data, and the solution is to re-engage and re-connect patients to the data research enterprise. (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)

There is an alleged tension between undue inducement and exploitation in research trials. This paper considers claims that increasing the benefits to research subjects enrolled in international, externally-sponsored clinical trials should be avoided on the grounds that it may result in the undue inducement of research subjects. This article contributes to the debate about exploitation versus undue inducement by introducing an analysis of the available empirical research into research participants' motivations and the influence of payments on research subjects' behaviour and (...) risk assessment. Admittedly, the available research in this field is limited, but the research that has been conducted suggests that financial rewards do not distort research subjects' behaviour or blind them to the risks involved with research. Therefore, I conclude that research sponsors should prioritise the prevention of exploitation in international research by providing greater benefits to research participants. (edited). (shrink)

When we evaluate artworks, we often point to what an artist could have done or what a work could have been in order to say something about the work as it actually is. Call this counterfactual reasoning in art criticism. On my account, counterfactual claims about artworks involve comparative aesthetic judgments between actual artworks and hypothetical variations of those works. The practice of imagining what an artwork could have been is critically useful because it can help us understand how artworks (...) achieve specific aesthetic effects. I conclude by responding to an objection to my account on the basis that it violates the widely accepted acquaintance principle in aesthetics, on which aesthetic judgments must be based on firsthand perceptual encounters with their objects. (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)

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or social status (...) then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above. (shrink)

We single out an alternative, strict interpretation of the Einstein-Podolsky-Rosen criterion of reality, and identify the implied extensions of quantum correlations. Then we prove that the theorem of Bell, and the non-locality theorems without inequalities, fail if the new extensions are adopted. Therefore, these theorems can be interpreted as arguments against the wide interpretation of the criterion of reality rather than as a violation of locality.

Resumen: Esta exposición intenta comprender las formas culturales de comunicación y fijación mnémica en una narración específica que Davi Kopenawa, chamán Yanomami, expone al antropólogo Bruce Albert, en virtud de los modos de existencia amazónicos, refiriéndose en particular a la intensidad de los espíritus selváticos y a la experiencia chamánica con los mundos espirituales. En el contexto de una extensión vegetal dispersa y sobresaliente, afirmamos una sociabilidad cotidiana en el marco de una “ética respetuosa o amorosa” entre todas las formas (...) de vida, expresada estéticamente en formas significantes y transportadoras de emociones desarrolladas por la cosmología amazónica. Para ello utilizamos las nociones que Aby Warburg emplea en su estudio de la cultura de las imágenes, en tanto curso por el que estas pueden entenderse como organismos vivientes susceptibles a transformación, preservando su propia biología en la trasmisión codificada de la memoria.: This exhibition tries to understand the cultural forms of communication and mnemic fixation in a specific narrative that Davi Kopenawa, Yanomami shaman, exposes to the anthropologist Bruce Albert, by virtue of Amazonian modes of existence, especially referring to the intensity of jungle spirits and experience Shamanic with spiritual worlds. In the context of a dispersed and outstanding plant extension, we affirm a daily sociability within the framework of a “respectful or loving ethic” among all life forms, aesthetically expressed in significant and transporting forms of emotions developed by Amazonian cosmology. For this we use the notions that Aby Warburg uses in his study of the culture of images, as a course by which they can be understood as living organisms susceptible to transformation, preserving their own biology in the coded transmission of memory. (shrink)

There is increasing global pressure to ensure that pregnant women are responsibly and safely included in clinical research in order to improve the evidence base that underpins healthcare delivery during pregnancy. One supposed barrier to inclusion is the assumption that pregnant women will be reluctant to participate in research. There is however very little empirical research investigating the views of pregnant women. Their perspective on the benefits, burdens and risks of research is a crucial component to ensuring effective recruitment. The (...) Research In Pregnancy Ethics study set out to ascertain the views of pregnant women about research participation using an inductive thematic analysis. We conducted semi-structured interviews with 20 women who had participated in a double-blind randomised placebo controlled trial in Wellington while pregnant. Our results show that at least some pregnant women recognise the value and importance of research during pregnancy. The women we interviewed were deeply invested in the research process and outcomes. Key motivations for participating were altruism, playing a valuable civic role and the importance of research. The main perceived burdens related to inconvenience and time commitment. For some women, possible randomization to the placebo arm was regarded as a burden or disadvantage. (shrink)

Scientific realism is a thesis about the success of science. Most traditionally: science has been so successful at prediction and guiding action because its best theories are true (or approximately true or increasing in their degree of truth). If science is in the business of doing its best to generate true theories, then we should turn to those theories for explanatory knowledge, predictions, and guidance of our actions and decisions. Views that are popular in contemporary philosophy of science about scientific (...) modeling and the centrality of idealization create several challenges for this traditional form of scientific realism. Yet the basic idea behind scientific realism that science has been and will continue to be epistemically successful is deeply appealing. This chapter explores the challenges posed by idealization and scientific modeling to motivate a scientific realism fully divorced from the idea that science is in the business of generating true theories. On the resulting view, the objects of scientific knowledge are causal patterns, so this knowledge only ever provides partial, simplified accounts of a complex reality. This variety of selective realism better accommodates the nature of our present-day scientific successes and offers an interpretation of scientific progress that resists the antirealist’s pessimism. (shrink)

In his chapter in this volume, Christopher Pincock develops an argument for scientific realism based on scientific understanding, and he argues that Giere’s (2006) and my (2017, 2020) commitment to the context-dependence of scientific understanding or knowledge renders our views unable to account for an essential step in how scientists come to know. Meanwhile, in my chapter in this volume, I motivate a view that I call "causal pattern realism." In this response to Pincock's chapter, I will sketch a revised (...) version of Pincock’s argument for realism that is consistent with causal pattern realism. Then I will respond to Pincock’s concern that the context-dependence of understanding on my view would interfere with the scientific community’s ability to extrapolate from specific experimental and observational contexts as needed to develop knowledge. My goal is not to convince anyone to be a causal pattern realist but rather to create the space for such a view, taking into account the concerns motivating Pincock. (shrink)

What leads people to believe in conspiracy theories? In this paper, we explore the possibility that people might be drawn towards conspiracy theories because believing in them might satisfy certain existential needs and help people find meaning in their life. Through two studies (N = 289 and 287 after exclusion), we found that par­ ticipants higher in the need and search for meaning were more likely to believe in conspiracy theories. This relationship was not moderated by participants' feelings of control. (...) We also found that believing in conspiracy theories was associated with more presence of meaning (Study 1), and more precisely with a heightened feeling of mattering in the grand scheme of things (Study 2). Additionally, we found that participants were more likely to endorse conspiracy theories that left them more agency and allowed them the possibility to make a difference. Overall, we argue that our results suggest that people might sometimes be drawn towards conspiracy theories because they allow them to feel as if they can make a difference and have a positive impact on the world, and thus that conspiracy theories can be used as tools to satisfy existential needs. (shrink)

In recent years, scholars of Machiavelli have dedicated closer attention to, on one hand, the role played by tumults, and the presence of the language of jurisprudence in his work. Until now, these two readings of Machiavelli have never intersected. This essay aims to show to what extent the language of jurisprudence was present in Machiavelli’s writings on tumults both in his early works, and above all in the Florentine Histories. Starting from Machiavelli’s analysis of the Valdichiana rebellion (1503), the (...) first part of the essay deals with ‘rebellion’ as a legal and political issue, as a specific case of the crime of lese majesty, discussed among civil and canon lawyers from commentaries on the famous imperial laws of Henry VII (1313) up through some legal consilia written in defense of Lorenzo de’ Medici and the city of Florence in relation to the Pazzi Conspiracy (1478), as well as first treatise dedicated specifically to the subject of seditions by a French jurist (1515). The essay’s second part considers the famous speech of the anonymous Ciompo in the third book of the Florentine Histories, and analyses a passage commonly overlooked by scholars : “When many err, no one is punished”. The essay shows that in this passage Machiavelli used a juridical principle, a regula iuris, which was certainly controversial and very frequently not accepted, but theoretically admitted as such. In concluding, the essay proposes some possible paths for further researchs. (shrink)

Subset Spaces were introduced by L. Moss and R. Parikh in [8]. These spaces model the reasoning about knowledge of changing states.In [2] a kind of subset space called intersection space was considered and the question about the existence of a set of axioms that is complete for the logic of intersection spaces was addressed. In [9] the first author introduced the class of directed spaces and proved that any set of axioms for directed frames also characterizes intersection spaces.We give (...) here a complete axiomatization for directed spaces. We also show that it is not possible to reduce this set of axioms to a finite set. (shrink)

En este artículo se desarrolla una reflexión acerca del suicidio hetero-referido o no-personal. Se lo analiza en tanto forma de voluntad e instrumento de presión política que tensiona críticamente los modos en que se organiza la vida en nuestras sociedades. Se indaga en el potencial de contra-soberanía que supone en tanto intenta desactivar el poder al que se enfrenta. Se tematiza cierta ética de la pasividad que surge en esta acción y se examina la lógica que recorre el acto de (...) darse muerte. Finalmente, el artículo contribuye a complejizar el debate en torno al suicidio hetero-referido en tanto se destacan sus límites y potencialidades, así como las paradojas que plantean a nuestras democracias liberales las diversas demandas de grupos minorizados. (shrink)

We agree with the author's working model, but we suggest that (a) the classical distinction between fast and slow processes as separable processes can be softened, and (b) human performance might result from an interplay between fast and slow processing and these processes may be mediated by systems that evolve to satisfy the need for operation in a complex environment.

RESUMEN El artículo responde algunas críticas planteadas por Ignacio Ávila a mi interpretación de la epistemología davidsoniana. Presento argumentos en contra de: a) que sea necesario distinguir entre representaciones epistemológicamente “peligrosas”e “inofensivas”; b) que el empirismo mínimo sea un tipo de realismo directo; c) que mi uso de la expresión “evidencia distal” y el interés por la teoría de la correspondencia sean asuntos ajenos a Davidson. Finalmente, sostengo que la triangulación es un elemento fundamental de la epistemología davidsoniana, pues permite (...) sortear la ansiedad realista manteniéndose en una postura no representacionalista. ABSTRACT In this article, I respond to some of Ignacio Ávila's criticisms of my interpretation of Davidson’s epistemology. I argue against: a) the need to distinguish between epistemologically “dangerous” and “harmless” representations; b) the idea that minimal empiricism is a kind of direct realism; and c) the claim that my usage of the expression “distal evidence” and interest in the theory of correspondence are issues that do not pertain to Davidson. Finally, I claim that triangulation is a key element in Davidsonian epistemology since it allows us to deal with the realist anxiety while maintaining a non-representationalist viewpoint. (shrink)

This is a report on the Doctoral Consortium co-located with the 17th International Conference on Artificial Intelligence and Law in Montreal.

La idea social de infancia, y la propia experiencia de ser niño o niña está interpelada en nuestros días por las mediaciones digitales en las relaciones. Es usual referirse a las nuevas generaciones como “digitales”, o particularmente como nativos digitales. Se habla de nuevas infancias en virtud del modo en que manejan las tecnologías y se plantea la idea de que la diferencia entre las generaciones adultas y jóvenes está epocalmente trastocada o invertida en una época definida como “era digital”. (...) El mandato pedagógico es, a nivel discursivo, “incluir” o “incorporar” tecnologías en la enseñanza. En este artículo nos interesa explorar la relación entre infancias y tecnologías más allá del territorio demarcado por estos discursos instrumentalistas y de cierto determinismo tecnológico, que nos proponemos poner en cuestión a partir de los avances iniciales de una investigación en curso. Nos planteamos como preguntas orientadoras: ¿cómo se re-configura la experiencia de ser niño o niña en una cultura atravesada por las tecnologías y medios digitales? ¿Cómo puede pensarse el lugar de la escuela en el marco de estas transformaciones? Se concluye subrayando algunas formas de resistencia ante los aspectos alienantes de la cultura digital que pueden pensarse como uno de los desafíos pedagógicos y políticos que se abren ante la escuela en nuestros días. (shrink)