Background Informed consent is one of the key principles of conducting research involving humans. When research participants give consent, they perform an act in which they utter, write or otherwise provide an authorisation to somebody to do something. This paper proposes a new understanding of the informed consent as a compositional act. This conceptualisation departs from a modular conceptualisation of informed consent procedures. Methods This paper is a conceptual analysis that explores what consent is and what it does or does (...) not do. It presents a framework that explores the basic elements of consent and breaks it down into its component parts. It analyses the consent act by first identifying its basic elements, namely: a) data subjects or legal representative that provides the authorisation of consent; b) a specific thing that is being consented to; and c) specific agent(s) to whom the consent is given. Results This paper presents a framework that explores the basic elements of consent and breaks it down into its component parts. It goes beyond only providing choices to potential research participants; it explains the rationale of those choices or consenting acts that are taking place when speaking or writing an authorisation to do something to somebody. Conclusions We argue that by clearly differentiating the goals, the procedures of implementation, and what is being done or undone when one consent, one can better face the challenges of contemporary data-intensive biomedical research, particularly regarding the retention and use of data. Conceptualising consent as a compositional act enhances more efficient communication and accountability and, therefore, could enable more trustworthy acts of consent in biomedical science. (shrink)

BackgroundWe assessed potential consent bias in a cohort of > 40,000 adult patients asked by mail after hospitalization to consent to the use of past, present and future clinical and biological data in an ongoing ‘general consent’ program at a large tertiary hospital in Switzerland.MethodsIn this retrospective cohort study, all adult patients hospitalized between April 2019 and March 2020 were invited to participate to the general consent program. Demographic and clinical characteristics were extracted from patients’ electronic health records (EHR). Data (...) of those who provided written consent (signatories) and non-responders were compared and analyzed with R studio.ResultsOf 44,819 patients approached, 10,299 (23%) signed the form. Signatories were older (median age 54 [IQR 38–72] vs. 44 years [IQR 32–60], p <.0001), more comorbid (2614/10,299 [25.4%] vs. 4912/28,676 [17.1%] with Charlson comorbidity index ≤ 4, p <.0001), and more often of Swiss nationality (6592/10,299 [64%] vs. 13,813/28,676 [48.2%], p <.0001).ConclusionsOur results suggest that actively seeking consent creates a bias and compromises the external validity of data obtained via ‘general consent’ programs. Other options, such as opt-out consent procedures, should be further assessed. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S72-S78, March‐April 2022.

In this issue of The Journal of Clinical Ethics, we offer a variety of perspectives on the moral and medical responsibilities of professionals with regard to a woman’s choice of where she will birth her baby. The articles in this special issue focus on place of birth, but they have larger resonance for clinicians whose decisions about providing the best possible care require them to sort through evidence, consider their own possible biases and the limitations of their training, and balance (...) the wishes of their patients with the demands of colleagues, hospitals, and insurers. The articles published in this special issue of The Journal of Clinical Ethics will help those who wrestle with such dilemmas in everyday clinical decision making. (shrink)

Evidence-based medicine (EBM), by its ability to decrease irrational variations in health care, was expected to improve healthcare quality and outcomes. The utility of EBM principles evolved from individual clinical decision-making to wider foundational clinical practice guideline applications, cost containment measures, and clinical quality performance measures. At this evolutionary juncture one can ask the following questions. Given the time-limited exigencies of daily clinical practice, is it tenable for clinicians to follow guidelines? Whose or what interests are served by applying performance (...) assessments? Does such application improve medical care quality? What happens when the best interests of vested parties conflict? Mindful of the constellation of socially and clinically relevant variables influencing health outcomes, is it fair to apply evidence-based performance assessment tools to judge the merits of clinical decision-making? Finally, is it fair and just to incentivize clinicians in ways that might sway clinical judgment? To address these questions, we consider various clinical applications of performance assessment strategies, examining what performance measures purport to measure, how they are measured and whether such applications demonstrably improve quality. With attention to the merits and frailties associated with such applications, we devise and defend criteria that distinguish between justice-sustaining and justice-threatening performance-based clinical protocols. (shrink)

Contends that psychologists can contribute to the debate on the nature of science. The author suggests that the work of individual scientists can best be understood as a joint product of intellectual background and willingness to adopt a position with respect to important elements of that context.

How should you decide what to do when you’re uncertain about basic normative principles? A natural suggestion is to follow some "second-order:" norm: e.g., obey the most probable norm or maximize expected choiceworthiness. But what if you’re uncertain about second-order norms too—must you then invoke some third-order norm? If so, any norm-guided response to normative uncertainty appears doomed to a vicious regress. This paper aims to rescue second-order norms from the threat of regress. I first elaborate and defend the claim (...) some philosophers have made that the regress problem forces us to accept normative externalism, the view that at least one norm is incumbent on all agents regardless of their normative beliefs. But, I then argue, we need not accept externalism about first-order norms, thus closing off any question of how agents should respond to normative uncertainty. Rather, we can head off the threat of regress by ascribing external force to a single second-order norm: the enkratic principle. (shrink)

Les disciplines historiques, littéraires et philosophiques font un emploi abondant des catégories historiographiques. Parmi celles-ci, les termes en ismes sont très fréquents pour référer à une doctrine, un courant artistique, une idéologie ou des événements spécifiques. On fait cependant remarquer que ces désignations posent de nombreux problèmes d’interprétation. En particulier, que l’origine exacte d’une catégorie est souvent méconnue et que sa signification est plus équivoque qu’on ne le croit habituellement. La formation d’un terme en isme s’explique souvent dans un contexte (...) polémique et sert à condamner ou critiquer plutôt qu’à comprendre une pensée, un mouvement ou des faits historiques. Les catégories d’athéisme, de classicisme ou de féminisme en sont de bons exemples. Le présent volume vise à contribuer à l’étude critique des catégories historiographiques et des notions en isme en s’attardant à l’époque moderne (XVI e XVIII e siècles). Il s’agit d’un moment clef de l’histoire européenne pendant laquelle nombre de ces notions apparaissent ou pour laquelle l’historiographie en a fait un emploi abondant. Les chapitres en examinent la valeur théorique par rapport à une origine ou des usages, et déterminent de quelles manières elles contribuent à l’interprétation de l’histoire, de la littérature ou de la philosophie, de la Renaissance jusqu’à la Révolution française. (shrink)

What kind of animals are human beings? And how do our visions of the human shape our theories of social action and institutions? In Moral, Believing Animals>, Christian Smith advances a creative theory of human persons and culture that offers innovative, challenging answers to these and other fundamental questions in sociological, cultural, and religious theory. Smith suggests that human beings have a peculiar set of capacities and proclivities that distinguishes them significantly from other animals on this planet. Despite the (...) vast differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings. (shrink)

Decision-making under normative uncertainty requires an agent to aggregate the assessments of options given by rival normative theories into a single assessment that tells her what to do in light of her uncertainty. But what if the assessments of rival theories differ not just in their content but in their structure -- e.g., some are merely ordinal while others are cardinal? This paper describes and evaluates three general approaches to this "problem of structural diversity": structural enrichment, structural depletion, and multi-stage (...) aggregation. All three approaches have notable drawbacks, but I tentatively defend multi-stage aggregation as least bad of the three. (shrink)

The perception of meaningful patterns in random arrangements and unrelated events takes place in our everyday lives, coined apophenia, synchronicity, or the experience of meaningful coincidences. However, we do not know yet what predicts this phenomenon. To investigate this, we re-analyzed a combined data set of two daily diary studies with a total of N = 169 participants (mean age 29.95 years; 54 men). We investigated if positive or negative affect (PA, NA) predicts the number of meaningful coincidences on the (...) following day (or vice versa). By means of a cross-lagged multilevel modelling approach (Bayesian estimation) we evaluated with which of two theoretical assumptions the data are more in line. First, if meaningful coincidences are facilitated by a broader and more flexible thinking style, PA should positively predict meaningful coincidences at the following day. However, if the experience of meaningful coincidences signifies a strategy to cope with negative feeling states, NA should predict the experience of meaningful coincidences during the following day. In favour of a more flexible thinking style, we found that PA predicted the number of perceived coincidences the following day. We did not find any effect for NA, and therefore, no evidence arguing for the coping mechanism hypothesis of meaningful coincidences. (shrink)

The principle that rational agents should maximize expected utility or choiceworthiness is intuitively plausible in many ordinary cases of decision-making under uncertainty. But it is less plausible in cases of extreme, low-probability risk (like Pascal's Mugging), and intolerably paradoxical in cases like the St. Petersburg and Pasadena games. In this paper I show that, under certain conditions, stochastic dominance reasoning can capture most of the plausible implications of expectational reasoning while avoiding most of its pitfalls. Specifically, given sufficient background uncertainty (...) about the choiceworthiness of one's options, many expectation-maximizing gambles that do not stochastically dominate their alternatives "in a vacuum" become stochastically dominant in virtue of that background uncertainty. But, even under these conditions, stochastic dominance will not require agents to accept options whose expectational superiority depends on sufficiently small probabilities of extreme payoffs. The sort of background uncertainty on which these results depend looks unavoidable for any agent who measures the choiceworthiness of her options in part by the total amount of value in the resulting world. At least for such agents, then, stochastic dominance offers a plausible general principle of choice under uncertainty that can explain more of the apparent rational constraints on such choices than has previously been recognized. (shrink)

At its heart, The Dialectic of Counter-Enlightenment is a plea not to take doubt at its word—a plea for the return of a vanished philosophical intelligence..

Our aim in this survey article is to provide an accessible overview of some key results and questions in the theory of judgment aggregation. We omit proofs and technical details, focusing instead on concepts and underlying ideas.

Franciscus de Prato hat sich immer wieder mit der Philosophie Ockhams auseinandergesetzt. Diese Arbeit zeigt auf, wie bedeutsam fur beide Philosophen die Sprachtheorie ist. Der Angelpunkt ist dabei die Annahme entweder eines Satzes im Geiste oder einer Proposition, die aus Dingen besteht. Diese Entscheidung wirkt sich dann auf verschiedenste Gebiete der Philosophie aus. Am Beispiel der Kategorienlehre wird dies deutlich: Kategorien sind Aussagbares. In Satzen aussagbar sind aber fur Ockham nur mentale Begriffe, keine Dinge. Also ist fur ihn die Kategorienordnung (...) keine Ordnung von extramentalen Dingen, sondern nur von mentalen Zeichen. Anders Franciscus: Fur ihn sind Gegenstande, nicht Zeichen primar aussagbar. Also ist fur ihn die kategoriale Ordnung eine reale Hierarchie. Welches Licht wirft diese Auseinandersetzung auf das Verstandnis der Philosophie Ockhams und der des Franciscus? Weitaus wichtiger als der universalientheoretische Unterschied zwischen Nominalismus und Realismus ist fur beide Denker ihre satztheoretische Ausrichtung. Ausgezeichnet mit dem Preis an Studierende der Ruhr-Universitat Bochum. (shrink)

Nudge is a popular public policy tool that harnesses well-known biases in human judgement to subtly guide people’s decisions, often to improve their choices or to achieve some socially desirable outcome. Thanks to recent developments in artificial intelligence (AI) methods new possibilities emerge of how and when our decisions can be nudged. On the one hand, algorithmically personalized nudges have the potential to vastly improve human daily lives. On the other hand, blindly outsourcing the development and implementation of nudges to (...) “black box” AI systems means that the ultimate reasons for why such nudges work, that is, the underlying human cognitive processes that they harness, will often be unknown. In this paper, we unpack this concern by considering a series of examples and case studies that demonstrate how AI systems can learn to harness biases in human judgment to reach a specified goal. Drawing on an analogy in a philosophical debate concerning the methodology of economics, we call for the need of an interdisciplinary oversight of AI systems that are tasked and deployed to nudge human behaviours. (shrink)

Contrary to a widespread belief, this book establishes that ontological and epistemological reductionism stand or fall together.

Longtermists claim that what we ought to do is mainly determined by how our actions might affect the very long-run future. A natural objection to longtermism is that these effects may be nearly impossible to predict — perhaps so close to impossible that, despite the astronomical importance of the far future, the expected value of our present actions is mainly determined by near-term considerations. This paper aims to precisify and evaluate one version of this epistemic objection to longtermism. To that (...) end, I develop two simple models for comparing ‘longtermist’ and ‘neartermist’ interventions, incorporating the idea that it is harder to make a predictable difference to the further future. These models yield mixed conclusions: if we simply aim to maximize expected value, and don’t mind premising our choices on minuscule probabilities of astronomical payoffs, the case for longtermism looks robust. But on some prima facie plausible empirical worldviews, the expectational superiority of longtermist interventions depends heavily on these ‘Pascalian’ probabilities. So the case for longtermism may depend either on plausible but non-obvious empirical claims or on a tolerance for Pascalian fanaticism. (shrink)

One of the hallmark themes of Karl Popper’s approach to the social sciences was the insistence that when social scientists are members of the society they study, then they are liable to affect that society. In particular, they are liable to affect it in such a way that the claims they make lose their validity. “The interaction between the scientist’s pronouncements and social life almost invariably creates situations in which we have not only to consider the truth of such pronouncements, (...) but also their actual influence on future developments. The social scientist may be striving to find the truth; but, at the same time, he must always be exerting a definite influence upon society. The very fact that his pronouncements do exert an influence destroys their objectivity.” (Popper 1963. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

Christian Georg Martin offers an argumentative reconstruction of the whole work, reading it as a critical ontology, namely as the attempt to abstract from all presuppositions and to immanently unfold conceptual determinations characterizing ...

Spacetime as we know and love it is lost in most approaches to quantum gravity. For many of these approaches, as inchoate and incomplete as they may be, one of the main challenges is to relate what they take to be the fundamental non-spatiotemporal structure of the world back to the classical spacetime of GR. The present essay investigates how spacetime is lost and how it may be regained in one major approach to quantum gravity, loop quantum gravity.

Les descriptions de la fin des temps et de l'Apocalypse dans le Coran n'ont pas seulement nourri un messianisme temporel, annonçant les événements qui départagent les amis et les ennemis de Dieu. Le philosophe Christian Jambet présente ici une oeuvre du penseur shiite Mullâ Sadrâ qui, au XVIIe siècle," neutralise les conflits de la fin des temps en leur donnant un sens permanent et spirituel, qui en apaise l'urgence, en défait les prestiges temporels au profit du combat spirituel." L'essai (...) qui précède la traduction de L'Epître du rassemblement dévoile ainsi une éthique de la résurrection. Il éclaire également les influences néoplatonicienne et soufie qui parcourent cette oeuvre, dont Christian Jambet restitue ici toute la puissance. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

100 years ago, the editors of the Journal of Educational Psychology conducted one of the most famous studies of experts’ conceptions of human intelligence. This was reason enough to prompt the question where we stand today with making sense of “intelligence”. In this paper, we argue that we should overcome our anthropocentrism and appreciate the wonders of intelligence in nonhuman and nonbiological animals instead. For that reason, we study two cases of octopus intelligence and intelligence in machine learning systems to (...) embrace the notion of intelligence as a non-unitary faculty with pluralistic forms. Furthermore, we derive lessons for advancing our human self-understanding. (shrink)

Abstract:Organizational justice is a behavioral science concept that refers to the perception of fairness of the past treatment of the employees within an organization held by the employees of that organization. These subjective perceptions of fairness have been empirically shown to be related to 1) attitudinal changes in job satisfaction, organizational commitment and managerial trust beliefs; 2) behavioral changes in task performance activities and ancillary extra-task efforts to assist group members and improve group methods; 3) numerical changes in the quantity, (...) quality and efficiency of divisional outputs; and—though this is far more tentative—4) eventual changes in the competitive advantage and financial performance of the full organization. The authors propose that these constructs can be applied to all stakeholders, rather than just to the current employees of the firm, and that objective determinations of fairness by the managers can be related to subjective perceptions of fairness by the stakeholders that will result in the sequential series of attitudinal, behavioral and numerical changes that will lead to performance improvements. In short, the authors propose a normative stakeholder theory of the firm, based upon ethical principles, that will have testable descriptive hypotheses derived from the behavioral constructs. (shrink)

The turn of the century saw a significant increase in the amount of attention being paid by philosophers to empirical issues about moral character. Dating back at least to Plato and Aristotle in the West, and Confucius in the East, philosophers have traditionally drawn on empirical data to some extent in their theorizing about character. One of the main differences in recent years has been the source of this empirical data, namely the work of social and personality psychologists on morally (...) relevant thought and action. -/- This entry briefly examines four recent empirical approaches to moral character. It will draw on the psychology literature where appropriate, but the main focus will be on the significance of that work for philosophers interested in better understanding moral character. The four areas are situationism, the CAPS model, the Big Five model, and the VIA. The remainder of this entry devotes a section to each of them. (shrink)

The problem of free will as it is know in Western philosophical traditions is hardly known in China. Considering how central the problem is in the West, this is a remarkable fact. We try to explain this, and we offer insights into discussions within Chinese traditions that we think are related, not historically but regarding the issues discussed. Thus we introduce four central Chinese concepts, namely: (1) xīn 心 (heart, heart-mind), (2) xìng 性 (human nature, characteristic tendencies, inborn capacity), (3) (...) mìng 命 (lifespan, fate, command, allotment, endowment), and (4) zìrán 自然 (self-so, so of itself, nature, spontaneity), and we indicate how these concepts and their discussions can be related to discussions on free will. (shrink)

This handbook article reviews the situationist movements in psychology and philosophy, before turning to possible implications for issues about free will and moral responsibility. Particular attention is paid to possible threats to reasons-responsiveness and to agency.

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

The Continuum Companion to Ethics offers a definitive guide to a key area of contemporary philosophy. The book covers all the fundamental questions asked by meta-ethics and normative ethical theory - areas that have continued to attract interest historically as well as topics that have emerged more recently as active areas of research. Fourteen specially commissioned essays from an international team of experts reveal where important work continues to be done in the field and, most valuably, the exciting new directions (...) the field is taking. The Companion explores issues pertaining to moral methodology, moral realism, ethical expressivism, constructivism and the error theory, morality and practical reason, moral psychology, morality and religion, consequentialism, Kantian ethics, virtue ethics, feminist ethics, moral particularism, experimental ethics, and biology, evolution, and ethics. Featuring a series of indispensable research tools, including important technical terms in ethics, a historical chronology, an extensive overview of contemporary meta-ethics and normative ethical theory, a detailed list of internet resources for research in ethics, and a thorough list of recommended works for further study, this is the essential reference tool for anyone working in contemporary philosophical ethics. (shrink)

Rev. version of the author's Habilitationsschrift, Martin-Luther-Universitèat.