The safeguarding of credit represents one of the most important economic and juridical challenges for every complex society. Just by reading the news we can realize how current this topic is for us. By thinking back over the history of ideas and the social, economic, and political reasons that got Law makers to legislate on this subject, we can better understand what’s happening today and in which direction our societies are going. An analysis of the Italian juridical system’s development on (...) bankruptcy proceedings, starting from the attitude of ancient Roman law on over-indebtedness, can effectively shine light on the current regulation, reformed in 2006. This new bankruptcy law transforms the previous public nature of bankruptcy proceedings into a prevailingly private management of enterprises’ financial problems, completely changing the course of credit policy. The “Italian way” is just one result of an international trend, the guiding lines of which can be seen throughout the whole EU and also in the regulation of the USA. This historical-comparative perspective, in all its positive and negative potentiality, is an important paradigm. The final hope is that historians can perhaps give their contribution to more conscious reflections on important topics like this one, offering to other scholars the possibility to have a wider view on this juridical phenomenon. (shrink)

Singapore, a highly affluent island city-state located in Southeast Asia, has increasingly leveraged new assisted reproductive technologies (ART) to overcome its dismal fertility rates in recent years. A new frontier in ART is preimplantation genetic testing (PGT) for polygenic risk scores (PRS) to predict complex multifactorial traits in IVF (in vitro fertilisation) embryos, such as type 2 diabetes, cardiovascular diseases and various other characteristics like height, intelligence quotient (IQ), hair and eye colour. Unlike well-known safety risks with human genome editing, (...) there are negligible risks with PGT-P, because there are no man-made genetic modifications that can be transmitted to future generations. Nevertheless, the current efficacy of using PGT-P to select IVF embryos for either increased or decreased probability of developing specific polygenic traits is still far from certain. Hence, the regulatory safeguards proposed here will be based on the assumption that the efficacy of this new technology platform has already been validated. These include: (1) restricting the application of PGT-P only for prevention of clinically relevant polygenic disease traits, (2) securely blocking patients’ access to the raw genomic DNA sequencing data of their IVF embryos, (3) validating diagnosis of polygenic disease traits in the prospective parents/grandparents of IVF embryos, and restricting PGT-P only for preventing specifically diagnosed polygenic disease traits and (4) mandating rigorous and comprehensive genetic counselling for IVF patients considering PGT-P. There is an urgent and dire need to prevent abuse of the PGT-P technique, as well as protect the interests and welfare of patients if its clinical application is to be permitted in the country. (shrink)

The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. (...) -/- The purpose of the paper is to examine Jordan's safeguard law. The paper analyzes safeguard investigation, safeguard review, and duration. In addition, the paper examines safeguard measures under the U.S.-Jordan Free Trade Agreement. (shrink)

There has been an increase in the number of jurisdictions legalizing or decriminalizing Medical Assistance in Dying (MAiD). Legal frameworks worldwide strive to balance respect for autonomy with regulatory safeguards that both operationalize voluntary choice and prevent access to MAiD in cases of remediable despair or coerced decision‐making. However, the implementation of such an equilibrium diverges. Some legal systems prioritize personal autonomy and informed consent as the main criterion to access MAiD (e.g., US jurisdictions), while others also add the (...) alleviation of suffering (e.g., The Netherlands). Using the lens of relational autonomy and focusing on Spain's MAiD legislation as a case study, this article poses the question of what notion of autonomy is implied in this system, and whether the imposition of certain safeguards might inadvertently undermine or restrict autonomy, in some specific cases. To that aim, we first analyze its stringent requirements for assessing the so‐called “euthanasic context” which establishes eligibility conditions to access MAiD; then, we highlight how some of its assessments can interfere with the person's autonomy. The analysis highlights how protective measures (e.g., three external assessments before the request is either granted or denied) may imply forms of pathogenic vulnerability, in which safeguards meant to protect autonomy could paradoxically heighten an individual's vulnerability while diminishing autonomy through forms of epistemic injustice. We conclude that these highly protective laws might fall into the “trap of protection,” illustrating the tension between safeguarding autonomy and respecting individuals’ capacity for self‐determination in the context of MAiD. (shrink)

Our objectives in the article are twofold. First, we draw on empirical evidence to extend debates around the problems and issues faced by teachers responsible for the delivery of counter-radicalisation measures in secondary educational contexts in the UK. Second, we identify persistent and demanding challenges for teachers arising from the mandatory incorporation of Prevent Duty Guidance into day-to-day professional practices. Drawing on a qualitative study, we use interview data to expose the ways in which educators both navigate their commitments and (...) grapple with the quandaries that arise from carrying out safeguarding duties designed to counter radicalisation. Presenting data from teachers working in secondary educational contexts, we illuminate two key issues of concern: resource capacity and the prevalence of ‘safety-first’ decision-making in conditions of uncertainty. (shrink)

This article presents a case study in how sellers of weaponizable technology can develop safeguards to mitigate risks of misuse by end users. In 2020, the authors were approached by a defense technology start-up whose core product offering was weaponizable drones. The start-up sought guidance in designing terms of sale and service that would ensure responsible usage of this technology. Combining elements from just war theory, international humanitarian law, and the theory of responsibility, we developed a novel, systematic framework (...) for reducing risks of misuse on the basis of precise principles and objective metrics. Although designed for a specific use case, we believe aspects of this framework are portable to a wide range of scenarios. We share it to demonstrate proof of concept and stimulate further work on integrating ethical considerations into the business of weapons and dual-use technology. (shrink)

The papers focuses on pragmatic arguments for various rationality constraints on a decision maker’s state of mind: on her beliefs or preferences. An argument of this kind typically targets constraint violations. It purports to show that a violator of a given constraint can be confronted with a decision problem in which she will act to her guaranteed disadvantage. Dramatically put, she can be exploited by a clever bookie who doesn’t know more than the agent herself. Examples of pragmatic arguments of (...) this kind are synchronic Dutch Books, for the standard probability axioms, diachronic Dutch Books, for the more controversial principles of reflection and conditionalization, and Money Pumps, for the acyclicity requirement on preferences. The paper suggests that the proposed exploitation set-ups share a common feature. If the violator of a given constraint is logically and mathematically competent, and if she prefers to be better off rather than worse off, she can be exploited only if she is disunified in her decision-making, i.e. only if she makes decisions on various issues she faces separately rather than jointly. Unification in decision making is relatively unproblematic in synchronic contexts, but it may be costly and inconvenient diachronically. On this view, therefore, pragmatic arguments should be seen as delivering conditional recommendations: If you want to afford disunification, then you’d better satisfy these constraints. They identify safeguards of a disunified mind. Isaac Levi’s position on these matters is diametrically different. According to Levi, only synchronic pragmatic arguments are valid. The diachronic ones, he argues, lack any validity at all. This line of reasoning is questioned in the paper. (shrink)

Employing critical discourse analysis (CDA), this paper examines how medicalized concepts of mental illness and paternalistic views are framed and used in the legal case, Thompson and Empowerment Council v. Ontario (2013). The paper argues that the case utilizes a pathologized notion of mental illness to justify and defend the legality of involuntary treatment, specifically, the community treatment orders (CTOs) under Ontario’s Mental Health Act (MHA). This paper shows how the Thompson case relies on medical reductionism and binary notions of (...) capacity versus incapacity while failing to consider intersecting factors and contextual and social determinants of psychosocial disability. Following this, I suggest that a postmodernist relational theory of disability could change the legal discourses about the MHA. Challenging the medicalized view of mental illness through the relational approach to psychosocial disability could have strengthened the plaintiffs’ case and prompted legal reforms for better safeguards under the MHA. In doing so, this paper offers a basis and future direction for legal reforms that can lead to legal mandates for improved social and healthcare services to enhance the autonomy of individuals subjected to CTOs. (shrink)

The Radical Behavioral Challenge (RBC) contends that due to normal human cognitive biases, many standard prescriptions of business ethics run afoul of the principle that ‘ought implies can.’ Von Kriegstein responds to this challenge by arguing that those prescriptions are wide-scope obligations that can be fulfilled by recusing oneself or by establishing appropriate safeguards. I argue that this solution falls short of fully resolving the RBC because individuals will often be incapable of recognizing when they are biased and incapable (...) of establishing appropriate safeguards. (shrink)

While the list of 17 Sustainable Development Goals proposed by the United Nations’ Open Working Group comprises a catalog of highly important post-2015 development priorities, one of the key issue that has not received the attention it deserves is the need to safeguard the Earth's life-support system. Over the course of the past decades, we have concentrated much more on socioeconomic development rather than on environmental sustainability while putting a number of the Earth's systems at risk, and with it poverty (...) eradication and sustainable development. There is thus a need to put the spotlight on global environmental change and to take account of the insights from the latest Earth system science and its implications for the future of global development and global ethics. The ongoing debate on the post-2015 SDGs offers an important occasion for this endeavor. Going beyond the current proposal of the Open Working Group and building on the planetary boundaries or guard rails framework, the SDGs.. (shrink)

Contemporary controlled donation after circulatory determination of death (cDCD) faces a widening epistemic gap: as resuscitative and perfusion technologies expand the ability to restore regional circulation, the inferential distance between the concept of death and bedside determinations becomes more salient. I defend organismic unity—the permanent loss of the organism’s capacity for integrated self-maintenance—as the most defensible biological criterion of death. Yet this criterion is underdeterminate at the bedside: it must be tracked by fallible proxies operating under time pressure and uncertainty. (...) The central claim is modal: if irreversibility is constitutive of death, then protocols must distinguish biological impossibility from practical or policy-based non-intervention. In cDCD contexts, what is often operationally established is not biological irreversibility in the strongest sense but a form of prudential warrant under a normative frame of non-intervention (i.e., permanence). I develop (1) a taxonomy and protocol-facing hierarchy of irreversibility senses, (2) an analysis of what 5-min no-touch intervals can and cannot establish, and (3) a conceptual geography of normothermic regional perfusion (NRP) variants, including the thoracoabdominal hard case. From these epistemic limits I derive second-order safeguards-conservatism, transparency, independence, corrigibility, and public accountability-grounded both in deontic respect for the patient and in the dead donor rule (DDR)’s role as a trust-sustaining commitment device. I conclude that safeguarding the dead donor rule in the age of NRP requires neither metaphysical pretense nor DDR abandonment, but institutional integrity: taxonomic clarity about irreversibility, verifiable cerebral exclusion, and second-order safeguards that make uncertainty governable. (shrink)

The papers focuses on pragmatic arguments for various rationality constraints on a decision maker’s state of mind: on her beliefs or preferences. An argument of this kind typically targets constraint violations. It purports to show that a violator of a given constraint can be confronted with a decision problem in which she will act to her guaranteed disadvantage. Dramatically put, she can be exploited by a clever bookie who doesn’t know more than the agent herself. Examples of pragmatic arguments of (...) this kind are synchronic Dutch Books, for the standard probability axioms, diachronic Dutch Books, for the more controversial principles of reflection and conditionalization, and Money Pumps, for the acyclicity requirement on preferences. The paper suggests that the proposed exploitation set-ups share a common feature. If the violator of a given constraint is logically and mathematically competent, and if she prefers to be better off rather than worse off, she can be exploited only if she is disunified in her decision-making, i.e. only if she makes decisions on various issues she faces separately rather than jointly. Unification in decision making is relatively unproblematic in synchronic contexts, but it may be costly and inconvenient diachronically. On this view, therefore, pragmatic arguments should be seen as delivering conditional recommendations: If you want to afford disunification, then you’d better satisfy these constraints. They identify safeguards of a disunified mind. Isaac Levi’s position on these matters is diametrically different. According to Levi, only synchronic pragmatic arguments are valid (indeed, categorically so). The diachronic ones, he argues, lack any validity at all. This line of reasoning is questioned in the paper. (shrink)

Abstract:Electronic health records (EHRs) offer significant advantages over paper charts, such as ease of portability, facilitated communication, and a decreased risk of medical errors; however, important ethical concerns related to patient confidentiality remain. Although legal protections have been implemented, in practice, EHRs may be still prone to breaches that threaten patient privacy. Potential safeguards are essential, and have been implemented especially in sensitive areas such as mental illness, substance abuse, and sexual health. Features of one institutional model are described (...) that may illustrate the efforts to both ensure adequate transparency and ensure patient confidentiality. Trust and the therapeutic alliance are critical to the provider–patient relationship and quality healthcare services. All of the benefits of an EHR are only possible if patients retain confidence in the security and accuracy of their medical records. (shrink)

Across disciplines there is a large and increasing number of research projects that rely on data collection activities in low- and middle-income countries (LMICs). However, these are accompanied by an extensive range of ethical challenges. While the safeguarding of study participants is the primary aim of existing ethics guidelines, this paper argues that this “do no harm” principle should be extended to include research staff. This study is a comprehensive review of more than 80 existing ethics guidelines and protocols that (...) reveals a lack of safeguarding research staff regarding the ethical challenges faced during data collection activities in LMICs. This is particularly the case when it comes to issues such as power imbalances, political risk, staff’s emotional wellbeing or dealing with feelings of guilt. Lead organizations are called upon to develop guiding principles that encompass the safeguarding of research staff, which are then to be adapted and translated into specific protocols and tools by institutions. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Mental health-related data generated by app users during the routine use of Consumer Mental Health Apps (CMHAs) are being increasingly leveraged for research and product improvement studies. However, it remains unclear which ethical safeguards and practices should be implemented by researchers and app developers to protect users during these studies, and concerns have been raised over their current implementation in CMHAs. To better understand which ethical safeguards and practices are implemented, why and how, 17 app developers and researchers (...) were interviewed who had been involved in using CMHA data for studies. Interviewees discussed the impact on stakeholder interests, sufficiency thresholds and procedural alterations of informed consent, data protection, gathering app user perspectives and representing users in app design and study conduct, and ensuring adequate support. Although the reasoning behind how and why these ethical safeguards and practices should be implemented showed considerable variability and several gaps, interviewees converged on various general lines of reasoning. This allowed for the development of a coherent and nuanced account that could prove useful for future CMHA studies and which could stimulate further normative investigation of the role of ethical safeguards and practices in these studies. (shrink)

This paper explores the disruptive impact of digitization on cultural heritage preservation, focusing on the challenges posed by intellectual property rights, access, and enforcement. It emphasizes the need to balance innovation and preservation in the digital landscape, addressing issues such as copyright complexities, the commodification of cultural knowledge, and the Western-centric bias in policy shaping. By fostering global cooperation, cultural sensitivity, and public awareness, we will aim at achieving an inclusive and sustainable approach to safeguarding our diverse cultural heritage in (...) the digital era. (shrink)

This philosophical inquiry examines the nature of the technology of genetic predisposition testing and its relation to patients as whole persons. The bioethical principles of nonmaleficence, beneficence, autonomy and justice are judged insufficient to resolve issues associated with use. A new principle of ‘sustained being’, drawn from philosophical propositions of Pellegrino, is suggested. The new principle is suited to an evolving practice and is compatible with consequentialist, deontological and relational ethics theories. The notion of ‘taking care’ is related to nursing (...) in genetic health care to form a standard of conduct and a moral imperative to ‘safeguard being’. (shrink)

Next SectionWartime challenges democracies both from without and within. The need to marshal resources against a foreign enemy prompts the centralization of authority which, in turn, threatens to compromise domestic liberty. This article, originally delivered as the 2008 Hart Lecture, examines the ability of democracies to survive military threat with their core liberties intact. The focus is not on the more familiar liberty versus security trade-offs, but on the ways in which divided political authority in democracies serves as a check (...) to both military misadventure and excessive internal suppression. The article begins with a historic account of how political accountability in democracy, from Athens forward, helps explain the relative military success that democracies have enjoyed. Furthermore, even where military emergency has forced emergency measures, the longer-term result tended to be an expansion of democratic accountability, as with the grant of the franchise to those who had served. The core argument is that the political accountability of executive authority, even in times of war, has had both military and political benefits. The article then turns to an examination of the modern war on terror. Here the historic advantages of democracy in terms of citizen involvement and common enterprise are least apparent. The final sections of the article question how well our inherited institutions will perform over long-term conditions of asymmetric warfare against non-state adversaries. The final conclusion is that the new frontier of war may place greater strains on judicial oversight of executive claims of exceptional authority precisely because the political safeguards of democracy, while still critical, may not be sufficient. (shrink)

Some individuals and businesses have become increasingly dependent upon multiple financing sources for economic survival. Certain currently used lending policies, such as interest-only loans and revolving credit lines, may encourage borrower dependency on the lender. The paper reviews religious teachings, specifically religious safeguards on lending identified in primary Jewish sources including the Tanach and rabbinic teachings, and finds that the safeguards in place centuries ago may still be relevant for lending practices today to both protect the borrower while (...) still providing a profitable means to help borrowers. (shrink)

All nurses, whatever setting they work in, are likely to encounter people who are at risk of abuse and neglect. Recent reports have highlighted poor care and abuse and safeguarding adults is therefore a key requirement in pre-registration programmes. This book seeks to raise nurses' awareness of vulnerability, abuse and neglect whilst providing them with the knowledge and skills required to safeguard those within their care. It encourages them to make links between theory and practice, to think critically in order (...) to achieve the necessary balance between protection and empowerment and to examine how their personal practice may be improved. (shrink)

Armed conflicts in Africa disrupt physical and mental healthcare, yet ethical frameworks guiding interventions remain underdeveloped and rarely grounded in local political, cultural, and global realities. Mental health, chronically underfunded, is further devastated by conflict. This paper advances a human rights ethics approach to safeguarding health rights. Integrating Martha Nussbaum’s capabilities approach, John Rawls’s difference principle, and the African value of ubuntu, it focuses on mental health while assigning responsibilities to global actors whose economic policies fuel conflict. It reframes destruction (...) of health infrastructure, cultural stigma, and weak accountability as violations of dignity and justice, not logistical challenges. Subsidiarity assigns primary responsibility to local actors; international actors bear a duty of solidarity, including addressing upstream conflict drivers. Restoring mental health services empowers individuals and communities—agency is central to healing. Short-term actions include integrating mental health into emergency responses, scaling community-based care, and launching culturally grounded anti-stigma campaigns. Long-term, resilient health systems and accountability, through the African Court on Human and Peoples’ Rights and targeted international measures that avoid civilian harm—can hold violators responsible, even governments. Grounded in a coherent, locally situated human rights ethics, even fragile settings can advance the right to health, affirming dignity and solidarity as non-negotiable in war. (shrink)

The world recently witnessed an outbreak of a disease identified as SARS-CoV-2/COVID-19 which has resulted in a pandemic. Consequently, many political leaders have taken drastic measures such as the restriction of citizens’ personal and civil liberties to counter the pandemic. These restrictions pose serious challenges to democracy as elections and citizens’ political participation have been negatively affected in a number of countries. Although the recent development of vaccines and decline in infection rates may suggest an end in sight, yet, democracy (...) may not remain the same after COVID-19. Hence, in this paper, I explore the prospects and limitations of digital democracy as a tool for safeguarding democratic rights and public safety simultaneously. I further argue that since democracy may not remain the same after COVID-19, there is the need for democratic states to leverage on digital technologies to enhance democratic participation in the aftermath of the pandemic. (shrink)

Human rights, as legally understood, must be safeguarded. This presupposes a state of law. The safeguarding of human rights further presupposes an independent judiciary applying the law in a community with common values and aspirations. The foundation of human rights is an individualistic philosophy dependent on the respect for truth and the possibility for the individual to attain it. The respect for the dignity of the human person is the result of a long historical development from this starting point.

Within Muslim communities, the ‘ulama are considered the most crucial corporate social agency that drives the ideological and spiritual energy to the members of the society who find religious teachings necessary for their individual and social, if not always political, lives. However, when the ‘ulama of Bangladesh gathered under the umbrella platform of Hefazat-e-Islam in 2010, agitated by the numerous upheavals of the government’s policies, scholars and members of the civil society often dubbed them as regressive, reactionary, and insensitive to (...) modern changes. While anthropologists have challenged this dichotomy, this article aims to understand the HI ‘ulama’s views on modern changes and how the ‘ulama safeguard the traditional integrity in legal, educational, and gender aspects within the domain of the Bangladeshi state mechanism. Based on anthropological notions of tradition and piety, this article argues that the ‘ulama’s position on education, woman, and legal questions is neither monolithic nor static; rather there is always discussion, debate, and dynamism within the ‘ulama itself. (shrink)

One aim of this study was to explore the role, or subject position, patients take in the care they receive from nurses in their own home. Another was to examine the subject position that patients say the nurses take when giving care to them in their own home. Ten interviews were analysed and interpreted according to a discourse analytical method. The findings show that patients constructed their subject position as `safeguard', and the nurses' subject position as `substitute' for themselves. These (...) subject positions provided the opportunities, and the obstacles, for the patients' possibilities to receive care in their home. The subject positions described have ethical repercussions and illuminate that the patients put great demands on tailored care. (shrink)

Our democracies repeatedly fail to safeguard the future. From pensions to pandemics, health and social care through to climate, biodiversity and emerging technologies, democracies have been unable to deliver robust policies for the long term. In this book, Graham Smith asks why. Exploring the drivers of short-termism, he considers ways of reshaping legislatures and constitutions and proposes strengthening independent offices whose overarching goals do not change at every election. More radically, Smith argues that forms of participatory and deliberative politics offer (...) the most effective democratic response to the current political myopia, as well as a powerful means of protecting the interests of generations to come. (shrink)

Van der Pijl et al outline data suggesting an alarmingly high incidence of violation of the bodily integrity of patients in labour, including episiotomies performed without patients’ consent, or over their explicit objection.1 Similar data have been reported from the USA and Canada.2 The authors appropriately conclude that explicit consent is required at the time of all invasive obstetrical procedures, including episiotomy. Commonsense adjustments to the duration and detail of consent under conditions of clinical urgency are appropriate and should be (...) familiar to any clinician involved in perinatal care, as well as non-obstetric proceduralists caring for acutely ill patients. However, complete omission of consent for any of these procedures is both disrespectful to patients’ autonomy and strongly associated with morbidity from birth-related psychosocial trauma.3–5 The true incidence of obstetrical procedures performed without patients’ consent is difficult to determine for multiple reasons, including sample selection, recall bias and patients’ reluctance to reengage with traumatic experiences; however, …. (shrink)

Utilizes Heidegger in rethinking common environmental paradigms.

A working party of academics from both professional safeguarding backgrounds and research backgrounds developed and wrote ethical guidelines on safeguarding children in research on behalf of their faculty research ethics committee. The working party encountered a lack of useful precedents while developing the guidelines leading to a lengthy process of debate and consideration of the issues. This paper explores the various issues and dilemmas arising during this process, particularly the tension between safeguarding children from abuse and maintaining research confidentiality. One (...) of the main areas of discussion was how to establish the limits of confidentiality without compromising the research in hand. The role and responsibilities of researchers in supporting children's welfare, and the development of procedures for ensuring that safeguarding is effective are discussed as key elements. In addition, the issues researchers may face when determining thresholds for intervention are considered alongside the uncertainties created by considerations of the extent to which children can give informed consent in research contexts. The paper reflects the process of considering these issues and the conclusions the working party drew as to how best to support children's welfare during research. It also outlines the key elements of the guidelines and the structures developed to ensure researchers could get advice if suspected child abuse became an issue in their research. The paper includes a short version of the guidelines which were eventually approved across the Higher Education Institute. (shrink)

BackgroundIn June 2019, the Australian state of Victoria joined the growing number of jurisdictions around the world to have legalised some form of voluntary assisted dying. A discourse of safety was prominent during the implementation of the Victorian legislation.Main textIn this paper, we analyse the ethical relationship between legislative “safeguards” and equal access. Drawing primarily on Ruger’s model of equal access to health care services, we analyse the Victorian approach to voluntary assisted dying in terms of four dimensions: horizontal (...) equity, patient agency, high quality care, and supportive social norms. We argue that some provisions framed as safeguards in the legislation create significant barriers to equal access for eligible patients.ConclusionsWhile safety is undoubtedly ethically important, we caution against an overemphasis on safeguarding in voluntary assisted dying legislation given the implications for equal access. (shrink)

In the past, a vast majority of medical assistance in dying patients were elderly patients with cancer who are not suitable for organ donation, making organ donation from such patients a rare event. However, more expansive criteria for MAiD combined with an increased participation of MAiD patients in organ donation is likely to drastically increase the pool of MAiD patients who can serve as organ donors. Previous discussions of ethical issues arising from these trends have not fully addressed difficulties involved (...) in separating decision to end one’s life from the one to donate one’s organs. However, realities of organ donation logistics and human decision making suggest that this separation can be extraordinary difficult. The need to maximise quality of donated organs complicates dying experience of the donor and is likely in tension with the dying experience the patient envisioned when first considering MAiD. Furthermore, the idea that patients will think about MAiD first, and only when firmly decided to end their life, consider organ donation, runs contrary to organ donation policies in some countries as well as end of life and everyday decision making. This opens the door for organ donation to serve as an incentive in MAiD decisions. Dispensing with the simplistic assumption that organ donation can never be a factor in MAiD decisions is, therefore, essential first step to properly addressing ethical issues at hand. (shrink)

Members of under-represented, marginalized groups experience disparate health outcomes, warranting research that improves equitable engagement in research and subsequent care practices. However, in our online study conducted during the COVID-19 pandemic, we encountered systematic signs of fraudulent behavior corroborated by recent reports from other research teams, with differing approaches to mitigating fraudulent participation. We highlight our experiences during recruitment and pilot focus groups, along with our actions for mitigating further recruitment of fraudulent participants. Then, we synthesize our learnings with other (...) scholars’ experiences to provide recommendations for the study development, recruitment, screening, and data collection stages of research. We also offer a critical analysis of current recommendations and their implications for reinforcing barriers to engaging under-represented groups in research. The recommendations provided emphasize the importance of preventing fraudulent participation in quantitative and qualitative research through adopting multiple strategies, while balancing considerations for meaningfully engagement with under-represented groups to ensure equitable and inclusive research. (shrink)

Background: Dignity has been highlighted in previous research as one of the most important ethical concerns in nursing care. According to Eriksson, dignified caring is related to treating the patient as a unique human being and respecting human value. Intensive care unit patients are vulnerable to threatened dignity, and maintaining dignity may be challenging as a consequence of critical illness. Objectives: The aim is to highlight how nurses in an intensive care setting understand patient dignity, what threatens patient dignity and (...) how nurses can safeguard patient dignity. Research design and participants: Data materials were collected through a survey questionnaire which contained open questions about patient dignity, and the text was analysed using hermeneutic reading and text interpretation. Totally, 25 nurses employed in an intensive care unit in Finland participated in the study. Ethical considerations: The study follows the guidelines for good scientific practice by the Finnish Advisory Board on Research Integrity and the ethical principles according to the Declaration of Helsinki. Findings: Findings revealed that nurses recognize the patients’ absolute dignity by regarding them as unique human beings. The nurses also recognize the importance of shared humanity in preserving patient dignity. Intensive care patients’ dignity is threatened by negative attitudes and when their integrity is not being protected. Dignity is also threatened when patients and nurses are not part of the patients’ care and patient care decisions, when patients receive care against their will and because of the acute nature of intensive care. (shrink)

This paper examines how social enterprises navigate value pluralism, that is, the coexistence of social and commercial values, each grounded in distinct moral frameworks. Prior research has largely centered on mission drift, defined as the erosion of social impact focus amid commercial pressures. This work typically assumes that organizational means—the disciplined ways through which goals are pursued—are morally neutral and merely instrumental. Drawing on John Dewey’s pragmatist insight that means are constitutive of moral ends, we argue that navigating value pluralism (...) requires more than balancing competing values. It also requires sustaining a moral unity between what organizations seek to achieve and how they act in pursuit of those ends. Based on a longitudinal case study of ProCredit, we develop the concept of purpose integrity to capture this broader endeavor. We show that purpose integrity is appraised through a moral compass—an organization’s shared, historically grounded value commitments—which indicates whether ends and means remain appropriately aligned under changing conditions. We identify two complementary organizational responses to such compass-guided judgments: guardrails, which regulate how organizational means are enacted (by managing internal tensions between social and commercial values), and backstops, which set operational limits that insulate the organization from external threats. Conceptually, the study extends research on value pluralism, moving beyond mission drift; empirically, it reveals the ongoing work through which social enterprises sustain the moral unity of ends and means while adapting to evolving environments. (shrink)

This paper explores the application of Paulo Freire’s critical pedagogy in reflective practice to prevent students’ inadvertent, accidental, or incidental trivialization or hijacking of social justice in practice. Freirean theory emphasizes the importance of the transformative power of education to produce equitable outcomes for diversely marginalized individuals, and a lens on anti-oppressive education may help reduce social exclusion experienced based on race, gender, socioeconomic class, disability, or other intersecting statuses. Research evidence on power dynamics and social exclusion suggest that without (...) adequate support and reflection, students may struggle to navigate the nuanced tensions surrounding the inadvertent outcomes of social justice efforts. A review of social justice research in conjunction with Freirean theory is conducted to highlight the centrality of normalizing reflective practice in social justice education, given the fact that potential trivialization may emerge regardless of authentic intent and regardless of the degree of tangible actions taken towards promoting socially-just outcomes. A preliminary framework for reflection is collated with the aim of preventing Freire’s conceptualization of accidental tokenism; sloganizing; instatement of reliance and potential disempowerment; dialectics; and division to the detriment of solidarity in social justice. Centralizing the value in providing basic human rights and meeting survival needs of diversely marginalized groups in society, the framework helps highlight the contributions of a new culture of transparent self-reflection - in addition to a dialogic approach on inadvertent trivialization that aligns with Freirean critical consciousness. (shrink)

Higgins’ et al recent paper1 presents a well-thought ethical analysis of the problems associated with the publication of unethical transplant research. More generally, research ethics committees never allow the use or reuse of data that has been collected without their required approval. Similarly, in many judicial settings, evidence is generally inadmissible when it is gathered illegally.2 Thus, journals and other publishers should follow in their footsteps and also roadblock any associated publications. Moreover, unethical organ donation and transplantation research is rife (...) with integrity issues, which violate publication norms (eg, fabrication or falsification of the source of the donor organs; absent informed consent of living donors or donor families; funder conflict of interest). If these normally accepted exclusions3 are ignored, then publishers are turning off their moral compass and facilitating an attitude of ‘anything goes’ in the conduct of research. Table 1 presents a timeline of scholarly responses to the problem of publishing unethical transplant research. As shown, since 2007 there has been a slow evolution of changing publisher practices, yet more …. (shrink)

Judith Butler’s 2021 essay “Bodies That Still Matter” offers a compressed rehearsal of themes and moves that are developed in more detail in their 2020 book, The Force of Nonviolence: An Ethico-Political Bind. In both projects, Butler spotlights the term feminicidio as an instructive indicator of brutality and violence against feminized individuals, including trans women. Feminicidio exemplifies the violence of “unequal grievability” that Butler’s recent work seeks to overcome; therefore, in particular relation to their recent work on nonviolence, Butler insists (...) that the horror of feminicidio should be closely linked to analysis that mobilizes against the full social force of the crimes. Following the work of Montserrat Sagot, Butler calls for analysis that links the brutality of the killings with a structure of social domination and terror. Additionally, Butler introduces questions for further exploration about representation, social organization, and the relation of sexual terror to domination, extermination, or a general theory of sexuality and violence. In this article, I make a start on the set of questions that come along with the term feminicidio in the work of some of its key theorists such as Diana Russell, Marcela Lagarde, Monserrat Sagot, and Alicia Schmidt Camacho. Here, in support of Butler’s claim that feminicidio should be analyzed in ways that mobilize comprehensive resistance, this article (1) defends Lagarde’s definition of feminicidio as an institutionalized crime, especially against Russell’s objection; (2) develops Sagot’s analysis of femicide in relation to Achille Mbembe’s concept of necropolitics, (3) considers Schmidt Camacho’s critique of the term in the context of maquiladora labor in Mexico, and (4) excavates the salience of Foucault’s concept of biopower as an important model for Butler’s analysis. Finally, this article (5) argues that Butler’s work challenges nonviolence researchers to expand their interest and understanding of grieving as a form of resistance. (shrink)

From spider dances to human language, multimodality is ubiquitous in natural communication systems. Much scholarship has been devoted to investigating why multimodality evolved and the role it plays in communication. Here, we highlight the role of multimodality in safeguarding the most fundamental prerequisite of all functioning, extant communication systems: honesty. We begin by introducing the arms race between honesty and deception in natural communication systems, and the critical role socially-mediated controls can play in maintaining signal honesty when classic, intrinsic costs (...) are not sufficient. We next introduce three ways by which multimodality buffers signal honesty by 1) providing insurance against signal unreliability in dynamic environments, 2) forming an honest, multimodal gestalt with which to cross-validate signal honesty, and 3) increasing signal complexity, making the entire signal harder to fake. We then discuss the case of highly cooperative societies, with human language emphasized, and argue that signal honesty is important especially in complex and cooperative societies wherein the need to cooperate and be accepted as part of the group may supersede honesty. Finally, we propose future directions wherein human and non-human communication research could expand beyond the well trodden realms of competition and mate attraction to investigate the role of multimodality and honesty in cooperative, “cheap” signals, and emphasize the importance of drawing from both the human and non-human literatures in investigating the forces that have shaped the evolution of communication. (shrink)

Current UK guidelines regarding clinical research on children permit research that is non-therapeutic from the perspective of that particular child. The guidelines permit research interventions that cause temporary pain, bruises or scars. It is argued here that such research conflicts with the Declaration of Helsinki according to which the interests of the research subject outweigh all other interests. Given this, in the context of clinical research, who is best placed to protect the child from this kind of exploitation? Is it (...) the medical researcher, the child’s parents or the nurse advocate? This article describes the problem, possible responses to it, and closes with a consideration of, and rejection of, a defence of current guidelines that claims moral parity between clinical research and clinical education. (shrink)

(1990). How to safeguard the military‐strategic balance in the disarmament process? World Futures: Vol. 29, The Future of European Integration, pp. 188-195.

Fisher, Anthony In 1834 convicts of the Norfolk Island penal colony conspired to overpower the troops and take possession of the island. A gang on its way to work turned on their guards. Others, having feigned illness and been transferred to hospital, broke their chains and came to their assistance. But the third wave, of farm workers with farm implements, arrived too late to be of any help. In the fiasco that followed several were killed and after a trial in (...) Sydney thirty-one men were sentenced to death. (shrink)

Therapeutic alliance is a central concept in psychotherapeutic work. The relationship between the therapist and the patient plays an important role in the therapeutic process and outcome. In this article, we investigate how therapists work with disaffiliation resulting from enduring disagreement while maintaining an orientation to the psychotherapeutic project at hand. Data come from a total of 18 sessions of two dyads undergoing psychoanalytic psychotherapy and is analyzed with conversation analysis. We found that collaborative moves deployed amidst enduring disagreement can (...) assist the therapist in furthering the disagreement as part of the ongoing psychotherapeutic project. Relying on their collaborative format, therapists utilize collaborative moves to temporarily mend the disaffiliation without necessarily changing their position and re-affiliating with the patient. We show how the relation between the therapist and the patient gets transformed in the moment-by-moment work accomplished in the psychotherapeutic talk. (shrink)