Most regulations and guidelines require that potential research participants be told a great deal of information during the consent process. Many of these documents, and most of the scholars who consider the consent process, assume that all this information must be disclosed because it must all be understood. However, a wide range of studies surveying apparently competent participants in clinical trials around the world show that many do not understand key aspects of what they have been told. The standard view (...) of the conditions for valid consent therefore implies that these people have failed to give valid consent to research participation. In this paper we argue that the standard view is false. The primary function of the requirement that researchers disclose information about a study is the avoidance of illegitimate control over someone’s consent decision, which is a form of fraud.We derive the content and manner of appropriate disclosure by analysing the ways in which the manipulation of information can invalidate consent. Our analysis shows that the informational requirements for valid consent are conceptually distinct and thus unlikely to have identical contents. This implies that consent can be valid when not everything that ought to be disclosed by the person asking for consent is understood by the person who proffers it. (shrink)

Abstract: There has been an ongoing dispute between defenders of world disclosure (understood here in a loosely Heideggerian sense) and advocates of normative debate. I will take up a recent confrontation between Charles Taylor and Robert Brandom over this question as my point of departure for showing how world disclosure can expand the range of normative argument. I begin by distinguishing pre-reflective disclosure—the already interpreted, structured world in which we find ourselves—from reflective disclosure—the discrete intervention of (...) a particular utterance or text. I discuss Taylor’s notion of social imaginaries as a way of thematizing our pre-reflective background and Talal Asad’s critique of Taylor to show how this background can be one space of argument. I then develop my own understanding of reflective disclosure, of which Taylor gives an indequate account, developing my argument with help of literature, including a close analysis of Susan Glaspell short story “A Jury of Her Peers.” This story illustrates how world disclosure can make normative arguments without confining itself to Brandom’s or Habermas’s idea of the exchange of reasons. (shrink)

This paper seeks to determine the extent of anti-corruption information disclosure in the sustainability reports originating from Gulf countries. Focus primarily on the fight against corruption, this study utilizes a deeply-rooted content analysis technique of corporate sustainability reporting, covering 66 Gulf Cooperation Council (GCC) firms during 2014. Strengthened by the application of institutional theory, insight into the results points to a state of limited maturity regarding the disclosure of anti-corruption procedures in the region. More specifically, the results highlight (...) the compliance in the reporting of conduct code, while reporting information on whistle-blowing was significantly less in comparison. Firms in Qatar and UAE ultimately release better informed reports; inclusive of detailed information on internal anti-corruption practices. (shrink)

With the growing focus on prevention in medicine, studies of how to describe risk have become increasing important. Recently, some researchers have argued against giving patients “comparative risk information,” such as data about whether their baseline risk of developing a particular disease is above or below average. The concern is that giving patients this information will interfere with their consideration of more relevant data, such as the specific chance of getting the disease (the “personal risk”), the risk reduction the treatment (...) provides, and any possible side effects. I explore this view and the theories of rationality that ground it, and I argue instead that comparative risk information can play a positive role in decision-making. The criticism of disclosing this sort of information to patients, I conclude, rests on a mistakenly narrow account of the goals of prevention and the nature of rational choice in medicine. (shrink)

An effort to track the movement of thought in the proem of the poem in order to discover in it the context for the disclosure of the "is" in fr. s 2 and 8. Close attention to symbolic imagery and historical allusions, and to the philosophical power of the unthinkable "nothing". (For a renewed and expanded effort, see the author's "Ambiguity and Transport: Reflections on the Proem to Parmenides' Poem," Oxford Studies in Ancient Philosophy xxx [2006], 1-47.).

Corporate disclosure and reporting of information has become synonymous with transparency which in discourses idealising its value is part of the rhetoric of good governance. This notion is overtly conveyed in principles and codes of corporate governance practice which have proliferated globally over the last three decades. The possibility for transparency to conceal more than is revealed is considered with regard to corporate communication of information, with the consequence that power and real knowledge of the corporate behavioural agenda remains (...) in corporate hands. Philosophically, the paradoxical and unintended outcome is that corporations are constrained by the norm of transparency in developing authentic moral behaviour, while also exercising power and control since in the information society transparency does not, and indeed cannot, lead to revealing all. Transparency places greater emphasis on judging, or evaluating existing organisational processes than on assessment of (self-)learning processes based on what actually takes place when corporations make decisions. (shrink)

Patients should not always receive hard data about the risks and benefits of a medical intervention. That information should always be available to patients who expressly ask for it, but it should be part of standard disclosure only sometimes, and only for some patients. And even then, we need to think about how to offer it.

Some Comments on de Melo-Martin and Harris.

The dominant legal and regulatory approach to protecting information privacy is a form of mandated disclosure commonly known as “notice-and-consent.” Many have criticized this approach, arguing that privacy decisions are too complicated, and privacy disclosures too convoluted, for individuals to make meaningful consent decisions about privacy choices—decisions that often require us to waive important rights. While I agree with these criticisms, I argue that they only meaningfully call into question the “consent” part of notice-and-consent, and that they say little (...) about the value of notice. We ought to decouple notice from consent, and imagine notice serving other normative ends besides readying people to make informed consent decisions. (shrink)

In the American medical system, patients do not know the final price of treatment until long after the treatment is given, at which point it is too late to say “no.” I argue that without price disclosure many, perhaps all, tokens of consent in clinical medicine fall below the standard of valid, informed consent. This is a sweeping and broad thesis. The reason for this thesis is surprisingly simple: medical services rarely have prices attached to them that are known (...) to the patient prior to treatment. Yet, for many patients, knowledge of the price is relevant to whether they would give consent. If informed consent requires that patients know all information about their treatment that is relevant to their decision, then consent to a medical intervention in the absence of the price is not informed consent. (shrink)

A number of authors have argued that, in order for S to be appropriately held morally responsible for some action or attitude (say, via moral blame), that action or attitude must somehow reflect or express a negative aspect of S’s (“true”, “deep”, or “real”) self. Recently, theorists of “epistemic blame” and “epistemic accountability” have also incorporated certain “self-disclosure” conditions into their accounts of these phenomena. In this paper, I will argue that accounts of epistemic responsibility which require disclosure (...) of an objectionable feature of a person’s self neglect central aspects of our responsibility practices. Specifically, I will argue that we can appropriately hold individuals epistemically responsible for things which do not reflect or express negative aspects of “who they are” in any way. While disclosure of an objectionable feature of (what I will call) a person’s “doxastic self” isn’t altogether irrelevant when it comes to holding that person epistemically responsible, it also isn’t necessary. One lesson I wish to draw is that, insofar as our epistemic responsibility practices are capable of shedding light on the nature of epistemic normativity itself, theorists interested in the latter should be focused on more than just accountability responses which track objectionable features of a person’s self. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind (...) of epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

This article provides an analysis of the phenomenology of affectivity underlying the work of Edith Stein. Taking as point of departure two of her works, The problem of Empathy (1917) and Philosophy of Psychology and the Humanities (1922), the paper focuses on the idea that emotions fulfil a cognitive function: they make us accessible the realm of values. The argument of the paper is developed in two sections. The first section offers an overview of Stein’s main theses about emotions, feelings, (...) moods and sentiments and places them within the larger framework of the early phenomenological accounts on affectivity. The second section examines the claim that emotions are responsible for grasping values concentrating on two facets of this thesis: the first regards the epistemological question according to which values are grasped by affective phenomena, while the second regards the ontological question about the nature of these grasped values. (shrink)

Certain truths, such as genetic identity, relationships and medical history are important goods for autonomy. Knowledge about genetic heritage allows children to form a factual narrative identity. Deceit about one's genetic identity can obliterate trust and confidence. This paper seeks to analyse some of the moral issues associated with misattributed paternity.

BACKGROUND: In today’s world of increased awareness regarding the concepts of corporate social responsibility (CSR) and corporate governance (CG), many firms in the developed countries consider noncompliance with CSR and CG standards as an important source of risk to their reputations with stakeholders. OBJECTIVE: The aim of this study is to investigate the relationship between the corporate social responsibility disclosure (CSRD) index and corporate factors, namely, board size, board independence, board meetings, CEO duality, a firm’s size, leverage, profitability and (...) age. This is the first known study in the case of Saudi Arabia to use the GRI 4th edition indicators to construct the CSRD index and evaluate Saudi listed firms. Results: The results show that profitability and size factor have positive and significant association with CSR disclosure in listed Saudi firms. While CG characteristics have no impact on CSR disclosure except board independence which has a negative impact. Conclusion: The average of CSRD index among Saudi firms is too low, it is about 11% that means Saudi firms disclose 11% of the information that they have to provide for stockholders according to GRI guidelines. Furthermore, the study concludes that the most polluted sectors “Ener. (shrink)

A commentary on “Models of Consent to Return of Incidental Findings in Genomic Research,” by Paul S. Appelbaum, Erik Parens, Cameron R. Waldman, Robert Klitzman, Abby Fyer, Josue Martinez, W. Nicholson Price II, and Wendy K. Chung, in the July‐August 2014 issue.

"Transparency" is the constant refrain of democratic politics, a promised aid to accountability and integrity in public life. Secrecy is stigmatized as a work of corruption, tolerable by a compromise of democratic principles. My dissertation challenges both ideas. It argues that secrecy and transparency are best understood as complementary, not contradictory, practices. And it develops a normative account of liberal democratic politics in which duties of transparency coexist with permissions to act behind closed doors. The project begins with some history. (...) I show that the language of transparency gained currency only in the last quarter century, and explain how its proximate sources promote three dubious assumptions—that disclosure should in principle be maximized, that it prevents misrule more or less automatically, and that its value is either instrumental, or rooted in a reductive notion of democracy as the rule of popular opinion. Against these assumptions, I sketch an alternative account of liberal democracy centered on the logics of representation, liberty, and equality. These three "logics of self-government" give rise to duties of transparency binding on public and private actors alike. Such obligations have bite, I argue, but they are not all-encompassing. Indeed, the same ideals of representation, liberty, and equality license concealment in a range of important contexts, including deliberation and dissent. Having made this case, I go on to explain how secrecy and transparency can form a "democratic dyad," deepening rather than undermining the project of self-rule. Lastly, I address the limits of conventional transparency practices. Taken alone, disclosure is subject to a range of pitfalls, often failing to produce the results promised in transparency’s name. While my non-instrumental case for openness is not destabilized by this analysis, it does suggest that mandating disclosure is rarely enough. I therefore propose a series of adversarial practices to facilitate the checking of unjustifiable secrecy, and highlight the critical role of interpretation in efforts to make power intelligible. In the end, my dissertation offers a novel defense of secrecy and transparency that highlights rather than minimizes the hard work of political engagement. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research (...) directives. We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

In the marketplace of opinions concerning the metaphysics of mind and consciousness panqualityism (PQ) occupies an interesting position. It is a distinct variant of neutral monism, as well as of protophenomenalism, and as such it strives to carve out a conceptual niche midway between physicalism and mentalism. It is also a brand of Russellian monism, advocated by its supporters as a less costly and less extravagant alternative to panpsychism. Being clearly articulated and relatively well-developed it constitutes an intriguing view. Nonetheless, (...) the present paper takes a decisively critical stance towards PQ. In particular, it challenges it on two principal grounds. First, I argue that PQ's analysis of experience, and of the qualities tasked with constituting the phenomenal character of experience, is fundamentally flawed. Second, I argue that PQ's attempt to explain phenomenal consciousness as a function of reflective awareness is equally misguided. Along the way, the paper also points the shortcomings of previously established critiques of PQ. All in all, the discussion identifies some difficulties that are likely to generalize beyond PQ's specific circumstances, raising concerns regarding the viability of a "middle of the road" solution to the mind–body problem. (shrink)

Much attention has been drawn to the cognitive basis of innovation. While interesting in many ways, this poses the threat of falling back to traditional internalist assumptions with regard to cognition. We oppose the ensuing contrast between internal cognitive processing and external public practices and technologies that such internal cognitive systems might produce and utilize. We argue that innovation is best understood from the gibsonian notion of affordance, and that many innovative practices emerge from the external scaffolding of cognitive processes. (...) The public engageability that allows the disclosure of hidden affordances is not only –not even primarily– a property of cognitive products, but of cognitive processes. We elaborate on this claims by drawing on Dutilh Novaes’ account of formal languages as cognitive technologies and Hutto’s Narrative Practice Hypothesis. This paves the way to sketch some general principles on how to strategically seek for innovation by targeting hidden affordances. (shrink)

Disclosure in clinical practice is aimed at promoting patient autonomy, usually culminating in patient choice (e.g., to consent to an operation or not, or between different medications). In medical ethics, there is an implicit background assumption that knowing more about (X) automatically translates to greater, or more genuine, autonomy with respect to one's choices involving (X). I challenge this assumption by arguing that in rare cases, withholding information can promote a patient's autonomy (understood as the capacity for rational choice (...) in alignment with one's values and goals). (shrink)

Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of consent because (...) valid consent requires that information to be understood. The contents of the understanding and disclosure requirements are therefore conceptually linked. In this paper, we argue that the standard view is mistaken. The disclosure and understanding requirements have distinct grounds tied to two different ways in which a token of consent can be rendered invalid. Analysis of these grounds allows us to derive the contents of the two requirements. It also implies that it is sometimes permissible to enroll willing participants who have not understood everything that they ought to be told about their clinical trials. (shrink)

What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. Government (...) whistleblowing should then be viewed, along the lines of civil disobedience, as a collective cognition- and legitimacy-enhancing device. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or (...) discloses nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal (...) statuses of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

Heikki Patomäki claims, in ‘After Critical Realism?’, that Roy Bhaskar's early critical realism is inadequate to the contemporary natural and social sciences. He claims that Bhaskar defends anthropomorphic conceptions of causality; fails to recognise real change; and fails to underlabour for futures studies. These claims are based on a series of misunderstandings, notably about the nature and implications of underlabouring. Underlabouring is discussed in terms of the disclosure and transformation of the deep categorial structures of science and theory.

We argue that the aesthetic domain falls inside the scope of rationality, but does so in its own way. Aesthetic judgment is a stance neither on whether a proposition is to be believed nor on whether an action is to be done, but on whether an object is to be appreciated. Aesthetic judgment is simply appreciation. Correlatively, reasons supporting theoretical, practical and aesthetic judgments operate in fundamentally different ways. The irreducibility of the aesthetic domain is due to the fact that (...) aesthetic judgment is a sensory-affective disclosure of, and responsiveness to, merit: it is a feeling that presents an object, and is responsive to it, as worthy of being liked. Aesthetic judgment is thus shown to be, on the hand, first personal and non-transferable; and, on the other hand, a presentation of reality. We thereby capture what is right in both subjectivist and objectivist conceptions of aesthetic judgment. (shrink)

In his work through the early 1930’s, Heidegger determines what it means to be an authentic self through fundamental attunements such as anxiety, boredom, uncanniness and guilt, and equi-primordially via understanding and thrown projection. The way that attunement and understanding structure authentic disclosure of being involves paradoxical gestures juxtaposing meaning and meaninglessness, presence and absence, affirmation and negation, possibility and reality, holism and individuation, normativity and own-ness. The key to navigating and unifying this tangle of contradictory moments, as Heidegger (...) reminds his readers, is in understanding the dynamics of temporality. In this paper I discuss common ways that contemporary readers of Heidegger render authenticity inauthentic by interpreting such tropes as anxiety, the self and the nothing by reference to what Heidegger calls the ordinary conception of time, the sequential emerging, lingering and passing away of beings. Thought via ordinary time, nothingness opposes itself to presence, making authentic anxiety appear similar to depression as the breakdown of possibilities. I contrast these readings with my interpretation of authentic temporality, and explain how my reading of time changes the way the authentic self, attunement and projective understanding disclose themselves. In choosing the particular authors that I cite in support of my representation of inauthentic interpretations of authenticity, I do not mean to imply that these writers are united in their approaches to Heidegger. On the contrary, they differ amongst themselves concerning many aspects of his thinking. My purpose is to highlight what I take to be key points of intersection among their differing accounts. (shrink)

This book is based on four backgrounds: (1) the diversity of definitions of philosophy, (2) statements by several thingkers about the death/ending of philosophy, (3) the existence of Hassan Hanafi's writings about the definition, life and death of philosophy, and (4) the limitations of specific studies on philosophy according to Hanafi. On that basis, this book examines philosophy according to Hanafi, by revealing and reviewing his definition of philosophy and his views on when philosophy lives and when philosophy dies. In (...) general, this is metaphilosophical study of Hanafi's philosophy by disclosuring it descriptively and analytically on the one side, and by reviewing it falsificatively, interpretatively and axiologically on the other side. This metaphilosophical study of Hanafi philosophy found several things. First, Hanafi's definition of philosophy is still diverse and needs to be reanalyzed, so it cannot overcome the problem of the diversity of definitions of philosophy. Second, Hanafi's statement about those who kill philosophy and turn on it is inconsistent and falsifiable. Third, philosophy can still live in conditions that are considered to kill it. Fourth, although it has several weaknesses, Hanafi's philosophy is useful in particular for Muslims and researchers about Islam, Arab nations and researchers about Arab, and societies that face internal and external traditions; and also worthwhile in general for philosophy and practitioners of philosophy. Fifth, Hanafi's philosophy can overcome the problem of ongoing discourse about the death/ending of philosophy, because his philosophy can actually bring philosophy to life. (shrink)

There are at least twelve major virtues of good theories: evidential accuracy, causal adequacy, explanatory depth, internal consistency, internal coherence, universal coherence, beauty, simplicity, unification, durability, fruitfulness, and applicability. These virtues are best classified into four classes: evidential, coherential, aesthetic, and diachronic. Each virtue class contains at least three virtues that sequentially follow a repeating pattern of progressive disclosure and expansion. Systematizing the theoretical virtues in this manner clarifies each virtue and suggests how they might have a coordinated and (...) cumulative role in theory formation and evaluation across the disciplines—with allowance for discipline specific modification. An informal and flexible logic of theory choice is in the making here. Evidential accuracy, according to my systematization, is not a largely isolated trait of good theories, as some have made it out to be. Rather, it bears multifaceted relationships, constituting significant epistemic entanglements, with other theoretical virtues. (shrink)

Tom Dougherty argues that culpably deceiving another person into sex is seriously wrong no matter what the content about which she is deceived. We argue that his explanation of why deception invalidates consent has extremely implausible implications. Though we reject Dougherty’s explanation, we defend his verdict about deception and consent to sex. We argue that he goes awry by conflating the disclosure requirement for consent and the understanding requirement. When these are distinguished, we can identify how deceptive disclosure (...) invalidates consent. This alternative explanation also allows for a response to Neil Manson’s recent criticisms of Dougherty’s argument. (shrink)

Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...) levels of explicability are needed to obtain informed consent when utilizing medical AI? Arguments We proceed in five steps: First, we map the terms commonly associated with explicability as described in the ethics and computer science literature, i.e., disclosure, intelligibility, interpretability, and explainability. Second, we conduct a conceptual analysis of the ethical requirements for explicability when it comes to informed consent. Third, we distinguish hurdles for explicability in terms of epistemic and explanatory opacity. Fourth, this then allows to conclude the level of explicability physicians must reach and what patients can expect. In a final step, we show how the identified levels of explicability can technically be met from the perspective of computer science. Throughout our work, we take diagnostic AI systems in radiology as an example. Conclusion We determined four levels of explicability that need to be distinguished for ethically defensible informed consent processes and showed how developers of medical AI can technically meet these requirements. (shrink)

Whistleblowing” has entered the scholarly and the public debate as a way of describing the exposure by the member of an organization of episodes of corruption, fraud, or general abuses of power within the organization. We offer a critical survey of the main normative theories of whistleblowing in the current debate in political philosophy, with the illustrative aid of one of the epitomic figures of a whistleblower of our time: Edward Snowden. After conceptually separating whistleblowing from other forms of wrongdoing (...) disclosures, we introduce and discuss two families of normative views of this practice: the “Extrema Ratio” and the “Deontic” views. We show how the two views can be usefully considered in tandem to offer an all-round assessment of the moral justification of whistleblowing either as an extraordinary individual conscientious act of indictment or as an ordinary dutiful organizational practice of answerability that enables the capacity of self-correction of an organization. (shrink)

Pharmaceutical paternalism is the normative stance upheld by pharmaceutical regulatory agencies like the US Food and Drug Administration. These agencies prevent patients from accessing treatments declared safe and ineffective for the patient’s good without their consent. Libertarian critics of the FDA have shown a number of significant flaws in regulatory paternalism. Against these objections, I will argue that, in order to make an informed decision about treatments, a libertarian patient should request full disclosure of the uncertainty about an experimental (...) treatment. But pharmaceutical markets, on their own, are not a reliable source of information about such uncertainty. And companies have the power to capture any independent expert who may assess it. Therefore, the libertarian is better off deferring on an independent regulatory body the assessment of the pharmaceutical risks, constraining access to treatments until tested. (shrink)

This paper argues that the concept of paternalism is currently overextended to include a variety of actions that, while resembling paternalistic actions, are importantly different. I use the example of Japanese physicians’ non-disclosures of cancer diagnoses directly to patients, arguing that the concept of maternalism better captures these actions. To act paternalistically is to substitute one's own judgement for that of another person and decide in place of that person for his/her best interest. By contrast, to act maternalistically is to (...) decide for another person based on a reasonable understanding of that person's own preferences. The concept of maternalism allows for a more thorough assessment of the moral justification of these types of actions. I conclude that it is possible, at least in principle, to justify Japanese physicians’ non-disclosures, and that this justification must be based on an understanding of these actions as maternalistic. (shrink)

Animal-derived constituents are frequently used in anaesthesia and surgery, and patients are seldom informed of this. This is problematic for a growing minority of patients who may have religious or secular concerns about their use in their care. It is not currently common practice to inform patients about the use of animal-derived constituents, yet what little empirical data does exist indicates that many patients want the opportunity to give their informed consent. First, we review the nature and scale of the (...) problem by looking at the groups who may have concerns about the use of animal-derived constituents in their care. We then summarise some of the products used in anaesthesia and surgery that can contain such constituents, such as anaesthetic drugs, surgical implants and dressings. Finally, we explore the problem of animal-derived constituents and consent using Beauchamp and Childress’ four principles approach, examining issues of autonomy, beneficence, nonmaleficence and justice. Disclosing the use of animal-derived constituents in anaesthesia and surgery is warranted under Beauchamp and Childress’ four principles approach to the problem. Although there exist systemic and practical challenges to implementing this in practice, the ethical case for doing so is strong. The Montgomery ruling presents additional legal reason for disclosure because it entails that patients must be made aware of risks associated with their treatment that they attach significance to. (shrink)

. Computational chemistry grew in a new era of “desktop modeling,” which coincided with a growing demand for modeling software, especially from the pharmaceutical industry. Parameterization of models in computational chemistry is an arduous enterprise, and we argue that this activity leads, in this specific context, to tensions among scientists regarding the epistemic opacity transparency of parameterized methods and the software implementing them. We relate one flame war from the Computational Chemistry mailing List in order to assess in detail the (...) relationships between modeling methods, parameterization, software and the various forms of their enclosure or disclosure. Our claim is that parameterization issues are an important and often neglected source of epistemic opacity and that this opacity is entangled in methods and software alike. Models and software must be addressed together to understand the epistemological tensions at stake. (shrink)

This paper accomplishes two tasks. First, I unpack Husserl’s analysis of interest from his 1893 manuscript, “Notes Towards a Theory of Attention and Interest” to demonstrate that it comprises his first rigorous genetic analysis of attention. Specifically, I explore Husserl’s observations about how attentive interest is passively guided by affections, moods, habits, and cognitive tensions. In doing so, I reveal that the early Husserl described attention as always pulled forward to new discoveries via the rhythmic recurrence of tension and pleasure. (...) Second, I demonstrate that “Notes” is the germ of Husserl’s mature genetic phenomenology of attention. The 1893 analysis provides Husserl with all of the philosophical reasons and tools for the construction of his genetic account of attention in his late works. I then discuss how the disclosure of this novel subterranean link can prompt a rethinking of the development of phenomenology. (shrink)

In this article I offer an interpretation of the fundamental problem of phenomenology in terms of a philosophy of revelation proposing in this way the renewal of the last important development of Western philosophy both in terms of its metaphysical aspiration and scientific relevance. After the general introduction, I outline the philosophical problem of revelation. I show how this philosophy influenced early phenomenology. I explain the underlying subject matter in the history of phenomenology, i.e. the notion of disclosure. I (...) also outline what I term “apocalyptic phenomenology” in order to focus on the understanding of revelation. In this part I offer details of the notion of newness and the appropriate method applied here. Finally, I summarize the scientific relevance of my approach in the context of logic, methodology, disciplinarity with a special emphasis on the study of religion. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law (...) implicates the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Botticelli and Tizian depict the Annunciation in two very different ways. Botticelli portrays a kneeling angel in an act of guiding from below, while Tizian represents an angel imposing himself from above with an authoritarian forefinger. Botticelli's painting suggests an intention of orientation that is not authoritarian yet able to bring about a transformation (Umbildung). It also suggests that an individual's transformation cannot be achieved in a closed solipsistic dimension, but requires a disclosure from otherness. My theory is that (...) at the origin of ethics there is a non-authoritarian way of orientation that comes from otherness and arises from the emotional sphere thanks to a "care of desire". The expression cura sui has often been interpreted as a care confined to a private and solipsistic dimension with the aim of strengthening the self-referential subject. By "care of desire" I mean a care not turned upon itself but made possible by a disclosure coming from otherness and addressed to the transformation of the individual and of society. In the human existence, emotions reveal an extraordinary plasticity. They are not already regulated by instinct but develop and get to maturity even many years after biological birth. Moreover, this maturation process does not follow a universal process identical for everyone, being different for every individual. In fact it finds its realization in the unique order of feelings (ordo amoris) that characterizes every individual. Emotions guide actions and the way we interact with the others and with the world. In the human existence they become plastic and don't have only a homeostatic function of self-regulation. They give flexibility to our way of perceiving, of existing and of taking our position in the world. The care of desire is dedicated to the plasticity of emotions and makes ethics, i.e. a person's formation process (Bildung) and flourishing, possible. It also allows the transition from the “environmental closedness” (Umweltgeschlossenheit) to the world-openness (Weltoffenheit). To sum up, the care of desire implies the transition from a solipsistic self-care to a “care for world-openness”. From this point of view, emotion is no more the secondary result of a cognitive process, but at the origin of every formative, perceptive and cognitive process: In the beginning was the emotion. Yet in this process of creative transformation not every emotion has the same significance: at the core of emotions’ plasticity there are love and wonder (thaumàzein), whose peculiar feature is “lack of envy” (aphthonoi). (shrink)

Summary We offer a novel historical-philosophical framework for discussing experimental practice which we call ‘Generating Experimental Knowledge’. It combines three different perspectives: experimental systems, concept formation, and the pivotal role of error. We then present an historical account of the invention of the Scanning Tunnelling Microscope (STM), or Raster-Tunnelmikroskop, and interpret it within the proposed framework. We show that at the outset of the STM project, Binnig and Rohrer—the inventors of the machine—filed two patent disclosures; the first is dated 22 (...) December 1978 (Switzerland), and the second, two years later, 12 September 1980 (US). By studying closely these patent disclosures, the attempts to realize them, and the subsequent development of the machine, we present, within the framework of generating experimental knowledge, a new account of the invention of the STM. While the realization of the STM was still a long way off, the patent disclosures served as blueprints, marking the changes that had to be introduced on the way from the initial idea to its realization. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences (...) seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

The central aim of this article is to argue that Nietzsche takes his own taste, and those in the relevant sense similar to it, to enjoy a kind of epistemic privilege over their rivals. Section 2 will examine the textual evidence for an anti-realist reading of Nietzsche on taste. Section 3 will then provide an account of taste as an ‘affective evaluative sensibility’, asking whether taste so understood supports an anti-realist reading. I will argue that it does not and that (...) we should resist construing the affects, which constitute taste for Nietzsche, as no more than Humean subjective preferences. Section 4 will then consider passages in which Nietzsche makes a connection between taste and epistemic considerations, suggesting that he appears to situate the epistemic privilege of his taste in a more fundamental method of evaluative disclosure, namely pre-reflective affective responses. Finally, Section 5 will argue that we can make sense of how such affective responses could provide us with evaluative knowledge by narrowing the scope of the objects of Nietzsche’s taste to other affective-evaluative states, such that the affective responses are meta-affective evaluations. On the basis of this idea, I construct a theory of meta-affective responses providing their subjects with access to the intrinsic phenomenal value of other affective-evaluative states, and then go on to show how Nietzsche can be read as applying this theory in a number of passages. (shrink)

Martin Heidegger gave a penetrating account of the different varieties of the moods of anxiety and boredom, which have no doubt been prevalent in the human experience of the Covid-19 pandemic. Heidegger theorized a particular type of anxiety and boredom as what I call 'revelatory moods', intense affective experiences that involve an encounter with our existence as such, our world, freedom and responsibility for the creation and proliferation of significance. Revelatory moods contain much emancipatory potential, acting as existential catalysts for (...) our being able to authentically seize hold of our lives and possibilities as free agents. For Heidegger, the experiences of anxiety and boredom as ones that put us into contact with the structure of our world and the stunning scope of our freedom, letting us know what we can do and are capable of. But can the same be said of these experiences as they occur in a time when our freedom has been dramatically reduced? I claim that Heidegger's theory can be productively built on, arguing that the anxiety and boredom of the pandemic puts us into contact not with the scope of our freedom, but its reduced limits. But it is the experience of encountering these limits that makes it possible for us to begin to work out how to live in spite of them, forging new modes of solidarity and its enactment. Living authentically in this new situation in spite of our reduced freedom must take place on a prior disclosure of the limits of this freedom. Heidegger locates the possibility of such a disclosure in revelatory anxiety and boredom. (shrink)

In response to an impasse, articulated in the late 1980s, the cognitive capacities of ordinary people assumed central place in contemporary critical social theory. The participants’ perspective gained precedence over scientific standards branded as external. The notion of cognition, however, went unchallenged. This article continues the move away from external standards, and discusses two models of critique, which differ based on their underlying notions of cognition. The representational model builds on cognitive content, misrecognition and normativity; three features which are illustrated (...) with positions adopted by prominent exponents of critical social theory. An alternative understanding relies on action-oriented disclosure and the participants’ basic familiarity with the social world. On this reading, what clashes with unequal structures is skilful coping, rather than representations and normative standards. The action-oriented approach may overcome the dilemma of understanding both the impact and the possible transcendence of unequal structures, although it cannot ultimately replace representational critique. (shrink)