Fighting crime has historically been a field that drives technological innovation, and it can serve as an example of different governance styles in societies. Predictive policing is one of the recent innovations that covers technical trends such as machine learning, preventive crime fighting strategies, and actual policing in cities. However, it seems that a combination of exaggerated hopes produced by technology evangelists, media hype, and ignorance of the actual problems of the technology may have boosted sales of software that supports (...) policing by predicting offenders and crime areas. In this paper we analyse currently used predictive policing software packages with respect to common problems of data mining, and describe challenges that arise in the context of their socio-technical application. (shrink)

The public can influence animal welfare law and regulation. However what constitutes ‘the public’ is not a straightforward matter. A variety of different publics have an interest in animal use and this has implications for the governance of animal welfare. This article presents an ethnographic content analysis of how the concept of a public is mobilized in animal welfare journals from 2003 to 2012. The study was undertaken to explore how experts in the discipline define and regard the role of (...) the public in determining animal welfare standards. Analysis indicates that experts in animal welfare constitute different types of citizen and consumer publics around specific types of animal use, framed by different theories of value. These results suggest a need for greater clarity about the roles and responsibilities of experts and publics in animal welfare reform processes. Clearly citizens and consumers can both contribute to promoting higher welfare standards, but an over-reliance on market mechanisms and consumer behaviour to assign value is beset by moral hazards, foremost being the risk of disarticulating the concept of animal welfare from the public good. (shrink)

[I]f you could know a priori that you are in a given mental state, and your being in that state conceptually or logically implies the existence of external objects, then you could know a priori that the external world exists. Since you obviously _can.

Surveillance is essential for communicable disease prevention and control. Traditional notification of demographic and clinical information, about individuals with selected infectious diseases, allows appropriate public health action and is protected by public health and privacy legislation, but is slow and insensitive. Big data–based electronic surveillance, by commercial bodies and government agencies, which draws on a plethora of internet- and mobile device–based sources, has been widely accepted, if not universally welcomed. Similar anonymous digital sources also contain syndromic information, which can be (...) analysed, using customised algorithms, to rapidly predict infectious disease outbreaks, but the data are nonspecific and predictions sometimes misleading. However, public health authorities could use these online sources, in combination with de-identified personal health data, to provide more accurate and earlier warning of infectious disease events—including exotic or emerging infections—even before the cause is confirmed, and allow more timely public health intervention. Achieving optimal benefits would require access to selected data from personal electronic health and laboratory records and the potential to re-identify individuals found to be involved in outbreaks, to ensure appropriate care and infection control. Despite existing widespread digital surveillance and major potential community benefits of extending its use to communicable disease control, there is considerable public disquiet about allowing public health authorities access to personal health data. Informed public discussion, greater transparency and an ethical framework will be essential to build public trust in the use of new technology for communicable disease control. (shrink)

In the past decade, numerous ethical frameworks have been developed to support public health decision‐making in challenging areas. Before the COVID‐19 pandemic began, members of the authorship team were involved in research programmes, in which the development of ethical frameworks was planned, to guide (a) the use of new technologies for emerging infectious disease surveillance; and (b) the allocation of scarce supplies of pandemic influenza vaccine. However, as the pandemic evolved, significant practical challenges emerged that led to our questioning the (...) value of these frameworks. We now believe that a normative instrument, such as a framework, cannot adequately or reliably provide the ethical guidance that needs to be incorporated into public health decision‐making during natural disasters or infectious disease emergencies. Recently it has been suggested that there are potentially more dynamic, flexible, and effective ways to navigate decisions involving complex considerations entailed in policies and practices during a public health emergency. In this paper, we first outline the key functions of a public health ethics framework, before describing why we believe it would not be fit for purpose during a crisis. We end by considering whether proposed alternative methods to promote ethical public health decision‐making goals have the potential to meet these objectives. (shrink)

Heidegger in America explores the surprising legacy of his life and thought in the United States of America. As a critic of modern life, Heidegger often lamented the growing global influence of all things American. However, it was precisely in America where his thought inspired the work of generations of thinkers – not only philosophers but also theologians, architects, novelists, and even pundits. As a result, the reception and dissemination of Heidegger's philosophical writings transformed the intellectual and cultural history of (...) the United States at a time when American influence was itself transforming the world. A case study in the complex and sometimes contradictory process of transnational exchange, Heidegger in America recasts the scope and methods of contemporary intellectual and cultural history in the age of globalization, challenging what we think we know about Heidegger and American ideas simultaneously. (shrink)

One Health is a novel paradigm that recognizes that human and non-human animal health is interlinked through our shared environment. Increasingly prominent in public health responses to zoonoses, OH differs from traditional approaches to animal-borne infectious risks, because it also aims to promote the health of animals and ecological systems. Despite the widespread adoption of OH, culling remains a key component of institutional responses to the risks of zoonoses. Using the threats posed by highly pathogenic avian influenza viruses to human (...) and animal health, economic activity and food security as a case exemplar, we explore whether culling and other standard control measures for animal-borne infectious disease might be justified as part of OH approaches. Our central premise is that OH requires us to reformulate ‘health’ as universal good that is best shared across species boundaries such that human health and well-being are contingent upon identifying and meeting the relevant sets of human and non-human interests and shared dependencies. Our purpose is to further nascent discussions about the ethical dimensions of OH and begin to describe the principles around which a public health agenda that truly seeks to co-promote human and non-human health could potentially begin to be implemented. (shrink)

Within the field of medical ethics, discussions related to public health have mainly concentrated on issues that are closely tied to research and practice involving technologies and professional services, including vaccination, screening, and insurance coverage. Broader determinants of population health have received less attention, although this situation is rapidly changing. Against this backdrop, our specific contribution to the literature on ethics and law vis-à-vis promoting population health is to open up the ubiquitous presence of pets within cities and towns for (...) further discussion. An expanding body of research suggests that pet animals are deeply relevant to people’s health (negatively and positively). Pet bylaws adopted by town and city councils have largely escaped notice, yet they are meaningful to consider in relation to everyday practices, social norms, and cultural values, and thus in relation to population health. Nevertheless, not least because they pivot on defining pets as private property belonging to individual people, pet bylaws raise emotionally charged ethical issues that have yet to be tackled in any of the health research on pet ownership. The literature in moral philosophy on animals is vast, and we do not claim to advance this field here. Rather, we pragmatically seek to reconcile philosophical objections to pet ownership with both animal welfare and public health. In doing so, we foreground theorizations of personhood and property from sociocultural anthropology. (shrink)

The concept of intersectionality is on its way to becoming a new paradigm in gender studies. In its current version, it denominates reciprocities between gender, race and class. However, it also allows for the integration of other socially defined categories, such as sexuality, nationality or age. On the other hand, it is widely left unclear as to which level these reciprocal effects apply: the level of social structures, the level of constructions of identity or the level of symbolic representations. This (...) article advocates an intersectional multi-level analysis which takes into account reciprocal effects between the various levels. This approach includes an analytical grasp of and methodical reflection on these reciprocal effects as well as making them empirically accessible. (shrink)

Overdiagnosis is an emerging problem in health policy and practice: we address its definition and ethical implications. We argue that the definition of overdiagnosis should be expressed at the level of populations. Consider a condition prevalent in a population, customarily labelled with diagnosis A. We propose that overdiagnosis is occurring in respect of that condition in that population when the condition is being identified and labelled with diagnosis A in that population ; this identification and labelling would be accepted as (...) correct in a relevant professional community; but the resulting label and/or intervention carries an unfavourable balance between benefits and harms. We identify challenges in determining and weighting relevant harms, then propose three central ethical considerations in overdiagnosis: the extent of harm done, whether harm is avoidable and whether the primary goal of the actor/s concerned is to benefit themselves or the patient, citizen or society. This distinguishes predatory, misdirected and tragic overdiagnosis; the degree of harm moderates the justifiability of each type. We end with four normative challenges: methods for adjudicating between professional standards and identifying relevant harms and benefits should be procedurally just; individuals, organisations and states are differently responsible for addressing overdiagnosis; overdiagnosis is a matter for distributive justice: the burdens of both overdiagnosis and its prevention could fall on the least-well-off; and communicating about overdiagnosis risks harming those unaware that they may have been overdiagnosed. These challenges will need to be addressed as the field develops. (shrink)

With attention to the experiences, agency, and rights of tuberculosis patients, this symposium on TB and ethics brings together a range of different voices from the social sciences and humanities. To develop fresh insights and new approaches to TB care and prevention, it is important to incorporate diverse perspectives from outside the strictly biomedical model. In the articles presented in this issue of the Journal of Bioethical Inquiry, clinical experience is married with historical and cultural context, ethical concerns are brought (...) to bear on global health, and structural analyses shed light upon the lived experience of people living with TB. The relational and reciprocal dimensions of care feature strongly in these discussions, which serve as a poignant reminder that behind each of the yearly deaths from TB is a deeply personal story. No single discipline holds a monopoly on how to care for each of these people, but strong cases are made for support from mental health and social workers in addressing the kaleidoscope of needs in TB prevention. As the World Health Organization moves towards the goal of eliminating TB globally by 2050, attending to the needs of TB patients serves global interests to lower disease burden and to develop better integrated communities worldwide. (shrink)

Emerging infectious diseases remain a significant and dynamic threat to the health of individuals and the well-being of communities across the globe. Over the last decade, in response to these threats, increasing scientific consensus has mobilised in support of a One Health approach so that OH is now widely regarded as the most effective way of addressing EID outbreaks and risks. Given the scientific focus on OH, there is growing interest in the philosophical and ethical dimensions of this approach, and (...) a nascent OH literature is developing in the humanities. One of the key issues raised in this literature concerns ethical frameworks and whether OH merits the development of its very own ethical framework. In this paper, we argue that although the OH approach does not demand a new ethical framework, an OH approach does furnish the theoretical resources to support a novel ethical framework, and there are benefits to developing one that may be lost in its absence. We begin by briefly explaining what an OH approach to the threats posed by EIDs entails before outlining two different ways of construing ethical frameworks. We then show that although on one account of ethical frameworks there is no need for OH to generate its own, there may be advantages for its advocates in doing so. (shrink)

A One Health approach holds great promise for attenuating the risk and burdens of emerging infectious diseases (EIDs) in both human and animal populations. Because the course and costs of EID outbreaks are difficult to predict, One Health policies must deal with scientific uncertainty, whilst addressing the political, economic and ethical dimensions of communication and intervention strategies. Drawing on the outcomes of parallel Delphi surveys conducted with policymakers in Singapore and Australia, we explore the normative dimensions of two different precautionary (...) approaches to EID decision-making—which we call regimes of risk management and organizing uncertainty, respectively. The imperative to act cautiously can be seen as either an epistemic rule or as a decision rule, which has implications for how EID uncertainty is managed. The normative features of each regime, and their implications for One Health approaches to infectious disease risks and outbreaks, are described. As One Health attempts to move upstream to prevent rather than react to emergence of EIDs in humans, we show how the approaches to uncertainty, taken by experts and decision-makers, and their choices about the content and quality of evidence, have implications for who pays the price of precaution, and, thereby, social and global justice. (shrink)

The discussion of collective agency involves the reduction problem of the concept of a collective. Individualism and Cartesian internalism have long restricted orthodox theories and made them face the tension between an irreducible concept of a collective and ontological reductionism. Heterodox theories as functionalism and interpretationism reinterpret the concept of agency and accept it as realized on the level of a collective. In order to adequately explain social phenomena that have relations as their essence, in this paper we propose a (...) relational, holistic account of collective agency and argue that functionalism and interpretationism can be integrated into such an account. (shrink)

The seminal 1993 article by LaFollette and Shanks “Animal Models in Biomedical Research: Some Epistemological Worries” introduced an influential taxonomy into the debate about the value of animal experimentation. The distinction they made between hypothetical and causal analog models served to highlight a concern regarding extrapolating results obtained in animal models to human subjects, which endures today. Although their taxonomy has made a significant contribution to the field, we maintain that it is flawed, and instead, we offer a new practice-oriented (...) taxonomy of animal models as a means to allow philosophers, modelers, and other interested parties to discuss the epistemic merits and shortcomings, purpose, and predictive capacities of specific modeling practices. (shrink)

Background Outbreaks of infectious disease cause serious and costly health and social problems. Two new technologies – pathogen whole genome sequencing and Big Data analytics – promise to improve our capacity to detect and control outbreaks earlier, saving lives and resources. However, routinely using these technologies to capture more detailed and specific personal information could be perceived as intrusive and a threat to privacy. Method Four community juries were convened in two demographically different Sydney municipalities and two regional cities in (...) New South Wales, Australia to elicit the views of well-informed community members on the acceptability and legitimacy of: making pathogen WGS and linked administrative data available for public health researchusing this information in concert with data linkage and machine learning to enhance communicable disease surveillance systems Fifty participants of diverse backgrounds, mixed genders and ages were recruited by random-digit-dialling and topic-blinded social-media advertising. Each jury was presented with balanced factual evidence supporting different expert perspectives on the potential benefits and costs of technologically enhanced public health research and communicable disease surveillance and given the opportunity to question experts. Results Almost all jurors supported data linkage and WGS on routinely collected patient isolates for the purposes of public health research, provided standard de-identification practices were applied. However, allowing this information to be operationalised as a syndromic surveillance system was highly contentious with three juries voting in favour, and one against by narrow margins. For those in favour, support depended on several conditions related to system oversight and security being met. Those against were concerned about loss of privacy and did not trust Australian governments to run secure and effective systems. Conclusions Participants across all four events strongly supported the introduction of data linkage and pathogenomics to public health research under current research governance structures. Combining pathogen WGS with event-based data surveillance systems, however, is likely to be controversial because of a lack of public trust, even when the potential public health benefits are clear. Any suggestion of private sector involvement or commercialisation of WGS or surveillance data was unanimously rejected. (shrink)

The One Health approach to antimicrobial resistance (AMR) requires stakeholders to contribute to cross-sectoral efforts to improve antimicrobial stewardship (AMS). One Health AMR policy implementation is challenging in livestock farming because of the infrastructural role of antibiotics in production systems. Mitigating AMR may require the development of more stringent stewardship obligations and the future limitation of established entitlements. Drawing on Amatai Etzioni’s compliance theory, regulatory analyses and qualitative studies with stakeholder groups we examine the structural and socio-cultural dimension of antibiotic (...) use and AMS compliance in Australian beef and dairy production. We found a disconnect between how antibiotic use is conceptualised by farmers and the way in which AMS policies construe agricultural AMR risks. Under the umbrella of food safety standards and national-level prescribing restrictions, farmers and veterinarians interact around antibiotic use with different operating logics and compliance mechanisms. These parallel regimes service distinct and sometimes competing common goods of food security and antibiotic preservation. Further reforms to mitigate AMR need to account for the value orientations of different groups and the embeddedness of the constraints imposed by existing systems. Advocacy for greater AMR precaution in agriculture should acknowledge and compensate for erosions in competing common goods and the cost of proposed interventions. (shrink)

I defend a new reading of Spinoza's account of causation that reconciles the strengths of the mechanist and formal cause interpretations by locating instances of nature's fixed and unchanging laws inside individual natures; natures are efficacious because that's where the laws are. God's necessity, for instance, follows from certain logical principles contained within God's nature. Causes between finite particulars likewise stem entirely from finite natures. They do so, I argue, because finite instances of nature's fixed and unchanging laws are inscribed (...) within those natures. In each of these instances, effects follow from natures on account of laws contained within them. (shrink)

(2013). What to Think of Canine Obesity? Emerging Challenges to Our Understanding of Human–Animal Health Relationships. Social Epistemology: Vol. 27, No. 1, pp. 90-104. doi: 10.1080/02691728.2012.760662.

Moral luck is a puzzling aspect of our psychology: Why do we punish outcomes that were not intended (i.e. accidents)? Prevailing psychological accounts of moral luck characterize it as an accident or error, stemming either from a re‐evaluation of the agent's mental state or from negative affect aroused by the bad outcome itself. While these models have strong evidence in their favor, neither can account for the unique influence of accidental outcomes on punishment judgments, compared with other categories of moral (...) judgment. Why might punishment be particularly sensitive to moral luck? We suggest that such sensitivity is easily understood from the broader perspective of punishment's ultimate adaptive goal: Changing others’ behavior by exploiting their capacity to learn. This pedagogical perspective accounts for the exceptional influence of outcomes on punitive sentiments and makes predictions for additional moderators of punishment. We review evidence supporting the pedagogical hypothesis of punishment and discuss fruitful directions for future research. (shrink)

A cross‐national study of differences in the identities of nursing in England and Australia and how this has affected nurses’ capacity to respond to hospital reform This paper examines similarities and differences in the identity of nursing in England and Australia. In doing this we examine how in each country nursing has developed different ideologies and strategies. Our analysis draws on data derived from a cross‐national study of hospital staff in England and Australia. We demonstrate how differences in the occupational (...) identity of nursing in each country are registered in their values, attitudes and beliefs. We suggest that these differences reflect the interplay of factors such as the strategic stances of nursing professional and industrial organisations and how nurses in each country have positioned themselves in responding to recent changes in health policy. (shrink)

Mobile phone-based applications (apps) can promote faster targeted actions to control COVID-19. However, digital contact tracing systems raise concerns about data security, system effectiveness, and their potential to normalise privacy-invasive surveillance technologies. In the absence of mandates, public uptake depends on the acceptability and perceived legitimacy of using technologies that log interactions between individuals to build public health capacity. We report on six online deliberative workshops convened in New South Wales to consider the appropriateness of using the COVIDSafe app to (...) enhance Australian contact tracing systems. All groups took the position (by majority) that the protections enacted in the app design and supporting legislation were appropriate. This support is contingent on several system attributes including: the voluntariness of the COVIDSafe app; that the system relies on proximity rather than location tracking; and, that data access is restricted to local public health practitioners undertaking contact tracing. Despite sustained scepticism in media coverage, there was an underlying willingness to trust Australian governing institutions such that in principle acceptance of the new contact tracing technology was easy to obtain. However, tensions between the need to prove system effectiveness through operational transparency and requirements for privacy protections could be limiting public uptake. Our study shows that informed citizens are willing to trade their privacy for common goods such as COVID-19 suppression. But low case numbers and cautionary public discourses can make trustworthiness difficult to establish because some will only do so when it can be demonstrated that the benefits justify the costs to individuals. (shrink)

Since the 1990s, glycated haemoglobin (HbA1C) has been the gold standard for monitoring glycaemic control in people diagnosed as having either type 1 diabetes mellitus (T1DM) or type 2 diabetes mellitus (T2DM). Discussions are underway about diagnosing diabetes mellitus on the basis of HbA1C titres and using HbA1C tests to screen for T2DM. These discussions have focused on the relative benefits for individual patients, with some attention directed towards reduced costs to healthcare systems and benefits to society. We argue that (...) there are strong ethical reasons for adopting HbA1C-based diagnosis and T2DM screening that have not yet been articulated. The rationale includes the differential impact of HbA1C-based diabetic testing on disadvantaged groups, and what we are beginning to learn about HbA1C vis-à-vis population health. Although it is arguable that screening must primarily benefit the individual, using HbA1C to diagnose and screen for T2DM may promote a more just distribution of health resources and lead to advances in investigating, monitoring and tackling the social determinants of health. (shrink)

The American Journal of Bioethics, Volume 11, Issue 9, Page 18-20, September 2011.

In this lively collection ten philosophers tackle the notoriously elusive issues raised by religious discourse in a series of linked debates. The debates focus on reason and faith; the logic of mysticism; the meaning of the word 'God'; language, biblical interpretation and worship; and religion and ethics. Through contemporary philosophical analysis it is possible to shed new light on teh status and language of religion, and in many ways the contributors to Religion and Philosophy break new ground in this perennially (...) controversial field. The collection is addressed to philosophers, theologians and anyone with a general intellectual interest in religion. Certainly it will be a valuable addition to the reading list of all teachers or students of the philosophy of religion. (shrink)

Surgery is an increasingly common and expensive mode of medical intervention. The ethical dimensions of the surgeon-patient relationship, including respect for personal autonomy and informed consent, are much discussed; but broader equity issues have not received the same attention. This paper extends the understanding of surgical ethics by considering the nature of evidence in surgery and its relationship to a just provision of healthcare for individuals and their populations.

Poultry production makes a substantial contribution to global food security, providing energy, protein, and essential micro-nutrients to humans. Modern intensive poultry farming systems are challenged by the evolution of Highly Pathogenic Avian Influenza strains. The presence of avian influenza in poultry flocks poses a significant risk of an avian origin influenza that is easily transmittable between human beings evolving. By reducing contact between humans and fowl, the use of automation in poultry production has the potential to improve biosecurity and thus (...) reduce the risk of pandemic influenza. Many poultry facilities are already highly automated. The rapid rate of progress in robotics and AI suggests that “lights out”—fully automated—poultry production systems may soon be possible. In this paper we consider the ethical and policy issues that would be raised by lights-out poultry production. There is a strong animal and human welfare case for reducing the risk of pandemic influenza via increased use of automation. However, lights-out farming looks to be the ultimate endpoint of dynamics already present in industrial agriculture, which led to the dangers of zoonotic infection from animal agriculture in the first place. Whether nations should respond to that risk by doubling down on industrial models of animal production and embracing fully automated farms or by reconsidering the current model of animal agriculture altogether is, we suggest, both the most important, and the most difficult, question posed by the prospect of lights out farms. (shrink)

At the beginning of the twentieth century, human and veterinary surgeons faced the challenge of a medical marketplace transformed by technology. The socioeconomic value ascribed to their patients was changing, reflecting the increasing mechanization of industry and the decreasing dependence of society on nonhuman animals for labor. In human medicine, concern for the economic consequences of fractures “pathologized” any significant level of posttherapeutic disability, a productivist perspective contrary to the traditional corpus of medical values. In contrast, veterinarians adapted to the (...) mechanization of horsepower by shifting their primary professional interest to companion animals; a type of patient generally valued for the unique emotional attachment of the owner and not their productive capacity. The economic rationalization of human fracture care and the “sentimental” transformation of veterinary orthopedic expertise indicate how these specialists utilized increasingly convergent rhetorical arguments to justify the application of innovative fracture care technologies to their human and animal patients. (shrink)

Based on a comparison of various sources, such as different editions, correspondence, reviews, and lecture transcripts, it is shown that Ludwig Heinrich Jakob’s Outline of the General Logic and Critical Elements of Metaphysics in General uses one or more transcripts of Kant’s Logic Lectures as a source. In addition to the thus far known texts by Kiesewetter and Hippel, Jakob’s textbook should therefore also be added to the list of secondary transmissions of Kant’s Logic Lectures.

In this paper we propose a new way of conceptualizing animals in experimentation – the animal-as-patient. Construing and treating animals as patients offers a way of successfully addressing some of the entrenched epistemological and ethical problems within a practice of animal experimentation directed to human clinical benefit. This approach is grounded in an epistemological insight and builds on work with so-called ‘pet models’. It relies upon the occurrence and characterization of analogous human and nonhuman animal diseases, where, if certain criteria (...) of homology and mechanism are met, the animal simultaneously becomes a patient and a spontaneous model of the human disease. (shrink)

We thank Zohar Lederman and Benjamin Capps for engaging with our paper on One Health and ethical frameworks, however we want to take issue with them on three points. First, they appear to misunderstand the distinction we appeal to between ethical theory and ethical frameworks, and so misinterpret what we are trying to achieve in our paper. Second, in spite of what they seem to imply, we agree that an OH approach can obscure differences in values, and that to progress (...) the field there needs to be recognition of competing values and their implications for OH. Finally, we are puzzled by their interest in pursuing a deliberative process, as this seems at odds with other positions they take in their paper, and also opens up many questions that need to be addressed. (shrink)

How do people excluded from political life achieve political agency? Through a series of historical events that have been mostly overlooked by political theorists, Martin Breaugh identifies fleeting yet decisive instances of emancipation in which people took it upon themselves to become political subjects. Emerging during the Roman plebs's first secession in 494 BCE, the _plebeian experience_ consists of an underground or unexplored configuration of political strategies to obtain political freedom. The people reject domination through political praxis and concerted (...) action, therefore establishing an alternative form of power. Breaugh's study concludes in the nineteenth century and integrates ideas from sociology, philosophy, history, and political science. Organized around diverse case studies, his work undertakes exercises in political theory to show how concepts provide a different understanding of the meaning of historical events and our political present. _The Plebeian Experience_ describes a recurring phenomenon that clarifies struggles for emancipation throughout history, expanding research into the political agency of the many and shedding light on the richness of radical democratic struggles from ancient Rome to Occupy Wall Street and beyond. (shrink)

In der 1970 gegründeten Reihe erscheinen Arbeiten, die philosophiehistorische Studien mit einem systematischen Ansatz oder systematische Studien mit philosophiehistorischen Rekonstruktionen verbinden. Neben deutschsprachigen werden auch englischsprachige Monographien veröffentlicht. Gründungsherausgeber sind: Erhard Scheibe, Günther Patzig und Wolfgang Wieland. Von 1990 bis 2007 wurde die Reihe von Jürgen Mittelstraß mitherausgegeben.

The American Journal of Bioethics, Volume 12, Issue 9, Page 30-32, September 2012.

The law of unjust enrichment admits a novel policy motivated unjust factor called the policy against accumulation. This applies where a claimant (R) receives a benefit, or has the right to recover a debt or damages from another party (X), and receives or has the right to receive value in respect of the same debt or damage from a third party (Y). The claimant is rarely permitted to retain both the transfers made by X and Y. In other words, R (...) may not accumulate and one transfer must be reversed. This article contends that the right of a third party to participate in damages recovered by the claimant is best explained by the policy against accumulation. The focus of this inquiry is to illustrate the operation of this novel unjust factor by placing in parallel three House of Lords decisions: Hunt v Severs [1994] 2 AC 350, Dimond v Lovell [2000] 2 WLR 1121, and Lord Napier and Ettrick v Hunter [1993] AC 713. (shrink)

Zusammenfassung In Körper schreiben sich Attraktivitätsnormen oder auch die Vorstellung der Verschiedenheit genau zweier Geschlechter ein - was ich hier als bodification verhandle. Auf der anderen Seite konzipiere ich beautification oder Schönheitshandeln als ein Medium der Kommunikation, das der Inszenierung der eigenen Außenwirkung zum Zweck der Erlangung von Aufmerksamkeit und Sicherung der eigenen Identität dient. In welcher Weise nun Bilder und Praxen des Schönheitshandelns mit Normalitätsvorstellungen verknüpft sind, wie diese hergestellt werden und auch unterlaufen werden können, ist Thema dieses Beitrags. (...) Dabei entwickle ich die These, dass nicht primär der Körperbezug und auch nicht das Geschlecht mit der Empfänglichkeit bzw. Resistenz gegenüber Ideologien und Naturalisierungen rund um Schönheitshandeln zu tun haben, sondern vielmehr der Bezug auf Sexualität, genauer: die offene und reflektierte Fähigkeit und Bereitschaft, über Sexualität zu sprechen. (shrink)