ABSTRACTHow should we conceive of a right to reproduce? And, morally speaking, what might be said to justify such a right? These are just two questions of interest that are raised by the technologies of assisted reproduction. This paper analyses the possible legitimate grounds for a right to reproduce within the two main theories of rights; interest theory and choice theory.

Recent ethical and legal challenges have arisen concerning the rights of individuals over their IVF embryos, leading to questions about how, when the wishes of parents regarding their embryos conflict, such situations ought to be resolved. A notion commonly invoked in relation to frozen embryo disputes is that of reproductive rights: a right to have (or not to have) children. This has sometimes been interpreted to mean a right to have, or not to have, one's own genetic children. But can (...) such rights legitimately be asserted to give rise to claims over embryos? We examine the question of property in genetic material as applied to gametes and embryos, and whether rights over genetic information extend to grant control over IVF embryos. In particular we consider the purported right not to have one's own genetically related children from a property-based perspective. We argue that even if we concede that such (property) rights do exist, those rights become limited in scope and application upon engaging in reproduction. We want to show that once an IVF embryo is created for the purpose of reproduction, any right not to have genetically-related children that may be based in property rights over genetic information is ceded. There is thus no right to prevent one's IVF embryos from being brought to birth on the basis of a right to avoid having one's own genetic children. Although there may be reproductive rights over gametes and embryos, these are not grounded in genetic information. (shrink)

There have been calls for some time for a new approach to public health in the United Kingdom and beyond. This is consequent on the recognition and acceptance that health problems often have a complex and multi-faceted aetiology. At the same time, policies which utilise insights from research in behavioural economics and psychology have gained prominence on the political agenda. The relationship between the social determinants of health and behavioural science in health policy has not hitherto been explored. Given the (...) on-going presence of strategies based on findings from behavioural science in policy-making on the political agenda, an examination of this is warranted. This paper begins by looking at the place of the SDoH within public health, before outlining, in brief, the recent drive towards utilising behavioural science to formulate law and public policy. We then examine the relationship between this and the SDoH. We argue that behavioural public health policy is, to a certain extent, blind to the social and other determinants of health. In section three, we examine ways in which such policies may perpetuate and/or exacerbate health inequities and social injustices. We argue that problems in this respect may be compounded by assumptions and practices which are built into some behavioural science methodologies. We also argue that incremental individual gains may not be enough. As such, population-level measures are sometimes necessary. In section four we defend this contention, arguing that an equitable and justifiable public health requires such measures. (shrink)

Governments and policy-makers have of late displayed renewed attention to behavioural research in an attempt to achieve a range of policy goals, including health promotion. In particular, approaches which could be labelled as ‘nudges’ have gained traction with policy-makers. A range of objections to nudging have been raised in the literature. These include claims that nudges undermine autonomy and liberty, may lead to a decrease in responsibility in decision-making, lack transparency, involve deception, and involve manipulation, potentially occasioning coercion. In this (...) article I focus on claims of coercion, examining nudges within two of the main approaches to coercion—the pressure approach and the more recent enforcement approach. I argue that coercion entails an element of control over the behaviour of agents which is not plausibly displayed by the kinds of serious examples of nudges posited in the literature. (shrink)

The traditional ‘no property’ approach of the law to human biomaterials has long been punctured by exceptions. Developments in the jurisprudence of property in human tissue in English law and beyond demonstrate that a variety of tissues are capable of being subject to proprietary considerations. Further, among commentators, there are few who would deny, given biotechnological advances, that such materials can be considered thus. Yet, where commentators do admit human biomaterials into the realm of property, it is often done with (...) an emphasis on some sort of separation from the person who is the source of those materials. One line of argument suggests that there is a difference between persons and things, which constitutes a morally justifiable distinction when it comes to property. This article examines whether the idea of separability can do the work of demarcating those objects that ought to be considered property from those that ought not to be. It argues that, despite the entailment of a separability criterion inherent in both the statutory and common law positions, and the support given to this by some commentators, it is philosophically problematic as the basis for delineating property in human tissue and other biomaterials. (shrink)

Petersen and Lippert-Rasmussen argue that, while a tax credit scheme to encourage organ donation would be costly, the increased number of organs for transplantation would lead to other savings in the healthcare system. In the present work some calculations are provided and it is suggested that, even given optimistic assumptions, the cost to the state of implementing the system as proposed would be high and unlikely to garner the support of politicians and policymakers.

This paper is a response to a paper by John Coggon ‘Best Interests, Public Interest, and the Power of the Medical Profession'. It argues that certain legal judgements in relation to best interests seek to change and curtail the role of the medical profession in this arena while simultaneously extending the jurisdiction of the courts. It also argues that we must guard against replacing one professional standard, that of the medical profession, with another, that of the judiciary in this area.

This article reviews the latest report from the Nuffield Council on Bioethics, Human Bodies: Donation for Medicine and Research. It argues that the report represents a notable evolution in the Council's position regarding the appropriate governance of the human body and biomaterials. It then goes on to examine in more depth one of the report's recommendations – that a pilot payment scheme for eggs for research purposes should be trialled. In particular, it looks at whether the distinctions drawn, first, between (...) eggs for research and therapeutic purposes and, secondly, between eggs for research and other biomaterials can be adequately justified. (shrink)

Intuitively we feel that we ought (to attempt) to save the lives, or ameliorate the suffering, of identifiable individuals where we can. But this comes at a price. It means that there may not be any resources to save the lives of others in similar situations in the future. Or worse, there may not be enough resources left to prevent others from ending up in similar situations in the future. This chapter asks whether this is justifiable or whether we would (...) be better served focusing on public health in the form of preventative medicine. It looks briefly at the supposed difference between benefiting individuals and benefiting populations by considering the difference between interventions aimed at ‘rescue’ and those which are preventative. It then considers the rule of rescue in the health care setting, and looks at some of the reasons stemming from this that we might have for allocating resources to rescue interventions. If these reasons do not provide adequate justification for preferring these types of interventions, then the implication is that our current mode of resource allocation may need to be revised in favour of a more public health-oriented model. (shrink)

Intuitively we feel that we ought to (attempt) to save the lives, or ameliorate the suffering, of identifiableIdentifiable individuals where we can (Rulli and Millum, 2016, p. 261). But this comes at a price. It means that there may not be any resources to save the lives of others in similar situations in the future. Or worse, there may not be enough resources left to prevent others from ending up in similar situations in the future. This chapter asks whether this (...) is justifiable or whether we would be better served focusing on public health in the form of preventative medicine. It looks briefly at the supposed difference between benefiting individuals and benefiting populations by considering the difference between interventions aimed at ‘rescue’ and those which are preventative. It then considers the rule of rescueRule of rescue in the health care setting, and looks at some of the reasons stemming from this that we might have for allocating resources to rescue interventions. If these reasons do not provide adequate justification for preferring these types of interventions, then the implication is that our current mode of resource allocation may need to be revised in favour of a more public health-oriented model. (shrink)

Journal of Medical Ethics Concise Argument (editorial).

How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.

A national opt-out system of post-mortem donation of scarce organs is preferable to an opt-in system. Unfortunately, the former system is not always feasible, and so in a recent JME article we canvassed the possibility of offering people a tax break for opting-in as a way of increasing the number of organs available for donation under an opt-in regime. Muireann Quigley and James Stacey Taylor criticize our proposal. Roughly, Quigley argues that our proposal is costly and, hence, (...) is unlikely to be implemented, while Taylor contests our response to a Titmuss-style objection to our scheme. In response to Quigley, we note that our proposal’s main attraction lies in gains not reflected in the figures presented by Quigley and that the mere fact that it is costly does not imply that it is unfeasible. In response to Taylor, we offer some textual evidence in support of our interpretation of Taylor and responds to his favoured interpretation of the Titmuss-style objection that many people seem to want to donate to charities even if they can deduct their donations from their income tax. Finally, we show why our views do not commit us to endorsing a free organ-market. (shrink)

Dementia syndromes offer a unique opportunity to clarify some of the component processes of spontaneous expressions of memory proposed by the Barzykowski and Moulin model. By considering the model through the lens of memory disorders, I outline several important extensions to progress our understanding of these spontaneous cognitive phenomena.

In the United Kingdom, the debate about how best to meet the shortfall of organs for transplantation has persisted on and off for many years. It is often presumed that the answer is simply to alter the law to a system of presumed consent. Acting perhaps on that presumption in his annual report launched in July, the Chief Medical Officer, Sir Liam Donaldson, advocated a system of organ donation based on presumed consent, the so-called “opt-out” system.1 He is calling for (...) a change in the law in England and Wales whereby consent to organ donation is presumed, making a person’s organs automatically available for transplantation after death, unless they registered objections to this while alive. Subsequently, the British Medical Association lent its support to the introduction of such a system.2 The BMA contends that “the practice of presumed consent legislation has had a significant effect on the number of cadaveric donors per million population.”2It is often taken for granted that there must be a correlation between the enactment of legislation on presumed consent and an increase in organ donation and procurement. However, the correlation is not as straightforward as it might seem. It may be that other practical measures to encourage organ donation could be implemented without changing the Human Tissue Act 2004, an Act which has been in force for barely a year.An analysis by Abadie and Gay demonstrated that “presumed consent legislation has a positive and sizeable effect on organ donation rates”,3 but they themselves admitted that the correlation between rates of donation and presumed consent legislation is “not completely unequivocal”.3 It is true that among the most successful cases in procurement rates are countries with presumed consent legislation . However, since some of the …. (shrink)

Following the publication of the Weatherall report on the use of non-human primates in research, this paper reflects on how to provide appropriate and ethical models for research beneficial to humankind. Two of the main justifications for the use of non-human primates in biomedical research are analysed. These are the “least-harm/greatest-good” argument and the “capacity” argument. This paper argues that these are equally applicable when considering whether humans are appropriate subjects of biomedical research.

This lively collection of essays explores the vital role of beauty in the human experience of place, interactions with other species, and contemplation of our own embodied lives. Devoting attention to themes such as global climate change, animal subjectivity, environmental justice and activism, and human moral responsibility for the environment, these contributions demonstrate that beauty is not only a meaningful dimension of our experience, but also a powerful strategy for inspiring cultural transformation. Taken as a whole, they underscore the ongoing (...) relevance of aesthetics to the ecocritical project and the concern for beauty that motivates effective social and political engagement. (shrink)

The Forbidden Subject launches from Ed Abbey's affirmation in Desert Solitaire: 'This is the most beautiful place on earth'. How could such a sentiment become construed as problematic, elitist, or worse? How did beauty become, and why does it largely remain, what Emory Elliot dubbed 'the forbidden subject'?

This paper argues that the new commercial and quasi-commercial activities of medicine, scientists, pharmaceutical companies and industry with regard to human tissue has given rise to a whole new way of valuing our bodies. It is argued that a property framework may be an effective and constructive method of exploring issues arising from this. The paper refers to A M Honoré’s theory of ownership and aims to show that we have full liberal ownership of our own bodies and as such (...) can be considered to be self-owners. (shrink)

Yet another medical ethics book has been published, but the difference this time is that I actually like it Sokol and Bergson’s handbook Medical ethics and law—surviving on the wards and passing exams is for medical students and junior doctors preparing for life in medicine and for the inevitable exams. The format of the book closely follows that of the core curriculum for medical ethics and law set out by the BMA in 2004 in Medical ethics today. The book ….

In this article we address the question of how many impossible images Escher produced. To answer requires us first to clarify a range of concepts, including content, ambiguity, illusion, and impossibility. We then consider, and reject, several candidates for impossibility before settling on an answer.

Among global environments, the undersea is unique in the challenges it poses - and the opportunities it affords - for sensation, perception, inquiry, and imagination. The Aesthetics of the Undersea charts a history of the subaqueous in Western culture, from the early modern period to the present.

“You must go on. I can’t go on. I’ll go on.” These are some of the most quoted lines written by Samuel Beckett, which speak to the impulse of persevering in times of crisis and impossibility. Yet few readers of Beckett agree about what this paradoxical formula could mean, let alone what mode of engagement it would seem to indicate, be it committed, autonomous, or something else entirely. This volume of essays explores what that mode of engagement could be, all (...) the while elucidating the ethical and political stakes of the “ongoing” in both Beckett’s life and work. Across multiple disciplines in the humanities, the authors delve into questions of political subjectivity and representation, the ethics of powerlessness and refusal, the aesthetics of syncopation and destitution, multimedia experiments between genre, as well as Beckett’s wider impact on transnational itineraries of modernism and philosophy up to the contemporary. (shrink)

The syndrome of semantic dementia represents the “other side of the coin” to Alzheimer's disease, offering convergent evidence to help refine Bastin et al.’s integrative memory model. By considering the integrative memory model through the lens of semantic dementia, we propose a number of important extensions to the framework, to help clarify the complex neurocognitive mechanisms underlying recollection and familiarity.

The 1982–1983 period marked the end of Argentina’s last dictatorship, one of the most brutal in history, and a difficult time of transition for the country from dictatorship to democracy following defeat in the 1982 Falklands/malvinas War. Using the theoretical framework of critical discourse analysis, which approaches media as constructing rather than mirroring social reality and driven by the interests behind them, this article explores representations of Argentina’s last dictator, Leopoldo Galtieri, within broader discourses on nationalism in three newspapers that (...) supported the regime. The methodological framework of the study is mixed, combining qualitative elements of the discourse-historical approach with corpus tools for an investigation into collocations and metaphors employed. Findings suggest that linguistic and discursive features used in relation to Galtieri change over the course of the year, reflecting shifting discourses on nationalism and Argentina’s period of socio-political crisis. (shrink)

Vocal music and spoken language both have important roles in human communication, but it is unclear why these two different modes of vocal communication exist. Although similar, speech and song differ in certain design features. One interesting difference is in the pitch intonation contour, which consists of discrete tones in song, vs. gliding intonation contours in speech. Here, we investigated whether vocal phrases consisting of discrete pitches (song-like) or gliding pitches (speech-like) are remembered better, conducting three studies implementing auditory same-different (...) tasks at three levels of difficulty. We tested two hypotheses: that discrete pitch contours aid auditory memory, independent of musical experience (“song memory advantage hypothesis”), or that the higher everyday experience perceiving and producing speech make speech intonation easier to remember (“experience advantage hypothesis”). We used closely matched stimuli, controlling for rhythm and timbre, and we included a stimulus intermediate between song-like and speech-like pitch contours (with partially gliding and partially discrete pitches). We also assessed participants' musicality to evaluate experience-dependent effects. We found that song-like vocal phrases are remembered better than speech-like vocal phrases, and that intermediate vocal phrases evoked a similar advantage to song-like vocal phrases. Participants with more musical experience were better in remembering all three types of vocal phrases. The precise roles of absolute and relative pitch perception and the influence of top-down vs. bottom-up processing should be clarified in future studies. However, our results suggest that one potential reason for the emergence of discrete pitch–a feature that characterises music across cultures–might be that it enhances auditory memory. (shrink)

In this paper we call for attention to be paid to the link between logic and geometry. To apply this theme, we survey the connection between n-cubes, Lukasiewicz logics and Ulam games. We then extend what is known to the case where the number of permitted lies in a Ulam game exceeds 1. We conclude by identifying the precise sense in which these logics are paraconsistent.

Joseph Raz’s service conception of law remains one of the best known theories of political authority. Setting aside ongoing debates about the nature of authority, I locate a problem in the basic justificatory structure of the service conception. I show that the service justification of the state does not yield the conclusion that the law generates exclusionary reasons, which are meant to be the key hallmark of authority. An automatic but defeasible _habit _of obeying the state is likely to lead (...) to better outcomes than exclusionary deference to the state. Given the instrumental justification of the service conception, this means that exclusionary reasons to defer do not obtain. Habituation and automaticity have been developed in other contexts and are here extended to the context of political authority. The possibility of habitual obedience undercuts Raz's theory while suggesting a new approach to the question of political authority. (shrink)

Organizational leaders are increasingly emphasizing a stakeholder perspective in order to address concerns about business ethics. This study examined the choices of 94 groups in the context of a business decision-making simulation to determine how specific actions and communications can facilitate the consideration of different stakeholder perspectives. In particular, we examined whether generally framing the business situation as one involving diverse stakeholders versus a primarily profit-driven operation (referred to as framing), and whether specific suggestions that participants consider the concerns of (...) stakeholders versus stockholders in maximizing the value of the firm (referred to as vision priming), would influence group choices and decision outcomes. We tested four experimental conditions against a control in a 2 × 2 experimental design to determine the effects that group choices had on decision outcomes when groups were exposed to stakeholder versus stockholder decision framing and stakeholder versus stockholder vision priming. The results revealed that the consistent conditions outperformed the control condition and that vision priming has a greater impact on decision outcomes than decision framing. (shrink)