This Article analyzes the composition of the board of directors as a vehicle for state intervention in corporate governance. Such intervention is ubiquitous and often motivated by goals that stray from shareholder wealth maximization, or corporate governance more generally, to promote other national interests such as diversity. Regulating board composition thus is merely the continuation of politics by other means. After briefly discussing direct state ownership in business firms as a way to advance policy goals, the (...) Article explicates the tensions between boards’ dual responsibilities of monitoring and strategy-setting. These oftentimes conflicting missions curb the law’s ability to guide board members’ conduct through the conventional legal duties of loyalty and care or other injunctions. Although the two roles also may entail conflicting implications for board composition, regulation of board composition nonetheless may prove a superior means for promoting policy goals, especially with regard to the objective of the corporation. Composition regulation harnesses board members’ personal attributes — specifically, their values — to facilitate the attainment of these goals. Instead of telling board members what to do, the state may fare better by regulating who they are. (shrink)

The aim of this article is to describe the consequences of state intervention at the local level after a destructive earthquake hit the south of Italy in 1980. The kind of intervention adopted, the amount of financial investment and the way in which it was distributed affected the social and economic equilibrium of the local community in terms of perceptions of trust, patronage and effects on development.

This paper tries, from the perspective of political liberalism, to answer the question whether parents can fail in the moral upbringing of their children to the extent that the state has the right to intervene or to override their legal authority over their children. It is argued that state intervention must meet the liberal criterion of justificatory neutrality, and, on the basis of a discussion of the notion of ‘reasonable citizens’, that only serious parental failure to inculcate (...) basic rules can justify judicial intervention in the family that meets this criterion. It is concluded that political liberalism burdens the state with incompatible demands. (shrink)

This paper tries, from the perspective of political liberalism, to answer the question whether parents can fail in the moral upbringing of their children to the extent that the state has the right to intervene or to override their legal authority over their children. It is argued that state intervention must meet the liberal criterion of justificatory neutrality, and, on the basis of a discussion of the notion of ‘reasonable citizens’, that only serious parental failure to inculcate (...) basic rules can justify judicial intervention in the family that meets this criterion. It is concluded that political liberalism burdens the state with incompatible demands. (shrink)

Minors are generally considered incompetent to provide legally binding decisions regarding their health care, and parents or guardians are empowered to make those decisions on their behalf. Parental authority is not absolute, however, and when a parent acts contrary to the best interests of a child, the state may intervene. The best interests standard is the threshold most frequently employed in challenging a parent''s refusal to provide consent for a child''s medical care. In this paper, I will argue that (...) the best interest standard provides insufficient guidance for decision-making regarding children and does not reflect the actual standard used by medical providers and courts. Rather, I will suggest that the Harm Principle provides a more appropriate threshold for state intervention than the Best Interest standard. Finally, I will suggest a series of criteria that can be used in deciding whether the state should intervene in a parent''s decision to refuse medical care on behalf of a child. (shrink)

The 1989 National Integrated Pest Management Program in Indonesia is a case of a breakthrough in national policy to enhance the ecological balance by conserving natural enemies and diminishing the indiscriminate use of pesticides in the protection of food crops. The Program provided training to agricultural officials and farmers to shift their perspectives in pesticide use through “knowledge transmission” rather than the transferal of “technological packages.” This paper examines how farmers, with the novel understanding they had, responded to the persisting (...) top-down policy of the “complete credit packages” from the government rice intensification agencies and the recurrent outbreak of pests in 1990–1992. IPM knowledge and training provided initial understanding of, and the stimulus to discover, unknown phenomena on the basis of which farmers improved their knowledge and learning capacity. Constraints largely came from the inflexibility of the subsidized scheme of inputs and the inadequate explanation and extension services provided to farmers. (shrink)

The analysis focuses on the manner in which public authorities in Romania have carried out their role of supporting artistic creation, as well as on the institutional and financial instruments put into practice for this purpose. First, it is about exposing the contradictory logics that grounds the public action in supporting arts and artists and understanding the character of the State intervention in the cultural field, pointing up its oscillations between mediator and cultural agent roles, neutral and valorizing (...) instance, artistic and social rationales. Secondly, a comparative analysis points out to what extent the State intervention, especially using as instrument the direct subsidy, responds to the assumed role of supporting artistic creation and if it has contributed and is able to contribute to the development of the artistic sector and, implicitly, to the improvement of the artists’ social and professional status, in the actual context of an internationalized art and a free and global art market. (shrink)

If a child’s well-being is at risk of considerable harm within their own family, state institutions usually intervene. In severe cases, the parents’ right to rear is suspended. Cases of risk assessment and potential state intervention are decided within a conflict between parents’ rights and claims of children for protection. There is, we argue, a standard model of normative assessment underlying these decisions: It rests on premises rooted in classic liberal political philosophy, which is prevalent in many (...) Western societies, such as a strong commitment to individualism, a separation of private and public, or a conceptualization of children as lacking the status of full right holders. We proceed in three steps. Based on cases in social work and child welfare offices, firstly, the article proposes an inductive approach to describe the problem. Second, we point out the most critical problems and shortcomings of the standard model. On this basis, third, we develop an alternative, pragmatistic perspective on child welfare and state intervention. It argues that child welfare must be understood more broadly as a societal concern than merely as a matter of the legitimacy of state intervention. A practice-oriented section follows to show what conclusions can be drawn from our alternative model. (shrink)

This paper challenges Christopher Winch's arguments against the neo-liberal critique of state intervention in education. First, the nature of education and its consumers are shown to imply that education can indeed be described as a commodity. Second, even if the prisoner's dilemma does model the provision of education nevertheless self-interest can bring about a co-operative, mutually agreeable solution. Third, while democratic states are unlikely to be able to ensure educational equality or equity, even in the form of adequate (...) educational opportunities for all, the evidence and logic of markets suggest that markets will not similarly be handicapped. Thus in each case, it is argued, the neo-liberal critique of state intervention in education survives largely unscathed. (shrink)

This paper challenges Christopher Winch's arguments against the neo-liberal critique of state intervention in education. First, the nature of education and its consumers are shown to imply that education can indeed be described as a commodity. Second, even if the prisoner's dilemma does model the provision of education nevertheless self-interest can bring about a co-operative, mutually agreeable solution. Third, while democratic states are unlikely to be able to ensure educational equality or equity, even in the form of adequate (...) educational opportunities for all, the evidence and logic of markets suggest that markets will not similarly be handicapped. Thus in each case, it is argued, the neo-liberal critique of state intervention in education survives largely unscathed. (shrink)

Analysis starts from Rawls’s disposition that in a liberal society autonomous persons should have two moral powers – the capacity for a sense of justice and the capacity to establish, pursue and revise the concept of the good. Political or neutral liberalism advocates the justification of state intervention to improve the first type of capacity while declaring the interference with the second capacity illegitimate. The critique of this disposition is done by analysing the perspectives of Jonathan Quong and (...) Martha Nussbaum, showing that they lead to allowing irrational and authoritarian perspectives in education, that is, neglecting the development of valuable capacities. Although institutional influence can be biased and paternalistic, in some cases it may be legitimate for the institution to create conditions that enhance people’s ability to evaluate, reevaluate, and revise their conceptions of the good. (shrink)

Machine generated contents note: 1. Molding the institutions of governance: theories of state formation and the contingency of sovereignty in fragile polities; 2. Imposing states: foreign rivalries, local collaboration, and state form in peripheral polities; 3. Feudalizing the Chinese polity, 1893-1922: assessing the adequacy of alternative takes on state-reorganization; 4. External influence and China's feudalization, 1893-1922: opportunity costs and patterns of foreign intervention; 5. The evolution of foreign involvement in China, 1923-52: rising opportunity costs and convergent (...) approaches to intervention; 6. How intervention remade the Chinese state, 1923-52: foreign sponsorship and the building of sovereign China; 7. Creating Indonesia, 1893-1952: major power rivalry and the making of sovereign statehood; 8. Siam stands apart, 1893-1952: external intervention and rise of a sovereign Thai state; 9. Domesticating international relations, externalizing comparative politics: foreign intervention and the state in world politics. (shrink)

According to various accounts, intervention in pediatric decisions is justified either by the best interests standard or by the harm principle. While these principles have various nuances that distinguish them from each other, they are similar in the sense that both focus primarily on the features of parental decisions that justify intervention, rather than on the competency or authority of the parties that intervene. Accounts of these principles effectively suggest that intervention in pediatric decision making is warranted (...) for both physicians and the state under precisely the same circumstances. This essay argues that there are substantial differences in the competencies and authorities of physicians and the state, and that the principles that guide their interventions should also be conceived differently. While both the best interests standard and the harm principle effectively incorporate important aspects of physicians’ ethical obligations, neither adequately reflects the state’s ethical obligations. In contrast to physicians, the state has major obligations of distributive justice and neutrality that should form an integral part of any proposed ethical principles guiding state intervention in pediatric decision making. The differences are illustrated by examining recent cases involving parental refusal of chemotherapy in aboriginal Canadian communities and parental refusal of blood transfusions by Jehovah’s Witnesses. (shrink)

In Zoopolis, Donaldson and Kymlicka argue that intervention in nature to aid animals is sometimes permissible, and in some cases obligatory, to save them from the harms they commonly face. But they claim these interventions must have some limits, since they could otherwise disrupt the structure of the communities wild animals form, which should be respected as sovereign ones. These claims are based on the widespread assumption that ecosystemic processes ensure that animals have good lives in nature. However, this (...) assumption is, unfortunately, totally unrealistic. Most animals are r-strategists who die in pain shortly after coming into existence, and those who make it to maturity commonly suffer terrible harms too. In addition, most animals do not form the political communities Zoopolis describes. The situation of animals in the wild can therefore be considered analogous to one of humanitarian catastrophe, or to that of irretrievably failed states. It matches closely what a Hobbesian state of nature would be like. This means that intervention in nature to aid nonhuman animals should not be limited as Donaldson and Kymlicka argue. (shrink)

This chapter argues that, because humanitarian intervention typically involves the military of one state attempting to overthrow another state ’s government, it gives rise to different moral questions from simple cases of interpersonal defensive violence. State sovereignty not only protects institutions within a society that contribute to the satisfaction of individuals’ interests and that cannot be easily restored once overthrown; it also plays a role in the constitution of those interests, which cannot be assumed to be (...) invariant across different forms of social life. As a result, humanitarian intervention will frequently give rise to incommensurability between the pre-intervention and post-intervention states of affairs. The reasons against violating sovereignty, together with reasons for conservativism in action that arise in circumstances of incommensurable value, mean that the threshold for the moral permissibility of humanitarian intervention is high. The chapter concludes by outlining how humanitarian intervention might be internationalized, making it easier to justify. (shrink)

abstract Many reasons have been given as to why humanitarian intervention might not be justified even where rebellion with similar aims would be a morally legitimate option. One of them is that intervention involves the imposition of alien values on the target society. Michael Walzer formulates this objection in terms of a people's right to a state that ‘expresses their inherited culture’ and that they can truly ‘call their own’. I argue that this right can plausibly be (...) said to extend sovereignty to at least some illiberal governments, and therefore to impose at least some moral constraints on humanitarian intervention. The problem for Walzer is that this right cannot form the basis of a constraint that applies to foreign intervention exclusively. Once the details of Walzer's argument are teased out, it becomes apparent that civil war and revolution must be equally restricted by this right. Hence a people's prerogative to be governed in accordance with familiar traditions cannot coherently be invoked to show that intervention is impermissible in cases where insurrection is taken to be justified. (shrink)

Nowadays Kant's practical philosophy is as highly regarded as his theoretical philosophy. This is an important development since the more constructive side of Kant's philosophy is to be found in his moral and political works. The main task of the Critique of Pure Reason is to clarify its concepts and to get rid of basic errors, and thus only ‘negative’. The moral and political writings, on the other hand, try to expand the scope of reason ‘for practical purposes’ . Establishing (...) principles of moral and political conduct, their main objective is not negative, but constructive. (shrink)

Some physicians refuse to perform life-sustaining interventions, such as tracheostomy, on patients who are very likely to remain permanently unconscious. To explain their refusal, these clinicians often invoke the language of “futility”, but this can be inaccurate and can mask problematic forms of clinical power. This paper explores whether such refusals should instead be framed as conscientious objections. We contend that the refusal to provide interventions for patients very likely to remain permanently unconscious meets widely recognized ethical standards for the (...) exercise of conscience. We conclude that conscientious objection to tracheostomy and other life-sustaining interventions on such patients can be ethical because it does not necessarily constitute a form of invidious discrimination. Furthermore, when a physician frames their refusal as conscientious objection, it makes transparent the value-laden nature of their objection and can better facilitate patient access to the requested treatment. (shrink)

However much one may wish for nonviolent solutions to the problems of unjust and unrestrained human violence that Glover explores in Humanity, some of those problems at present require violent responses. One cannot read his account of the Clinton administration’s campaign to sabotage efforts to stop the massacre in Rwanda in 1994 – a campaign motivated by fear that American involvement would cost American lives and therefore votes – without concluding that Glover himself believes that military intervention was morally (...) required in that case. Military intervention in another state that is intended to stop one group within that state from brutally persecuting or violating the human rights of members of another group is now known as “humanitarian intervention.” Those against whom the intervention is directed are almost always the government and its supporters, though this is not a necessary feature of humanitarian intervention. It is, however, a conceptual condition of humanitarian intervention that it does not occur at the request or with the consent of the government. The use of force within another state with the consent of the government counts as assistance rather than intervention. The principal reason that humanitarian intervention is contentious is that it seems to violate the target state’s sovereign right to control its own domestic affairs. Because humanitarian intervention is a response to human rights violations within the target state, it is regarded as altogether different from wars of defense against aggression. Indeed, since aggression is normally understood to be war against a state that.. (shrink)

Background: Flow states are considered a positive, subjective experience during an optimal balance between skills and task demands. Previously, experimentally induced flow experiences have relied solely on adaptive tasks. Objective: To investigate whether cathodal transcranial direct current stimulation (tDCS) over the left dorsolateral prefrontal cortex (DLPFC) area and anodal tDCS over the right parietal cortex area during video game play will promote an increased experience of flow states. Methods: Two studies had participants play Tetris or first-person shooter (FPS) video games (...) while receiving either real tDCS or sham stimulation. Tetris recruited nineteen untrained players who infrequently played video games while the ten FPS participants played FPS frequently. Flow experience was assessed before and after stimulation. Results: Compared to sham stimulation, real stimulation increased flow experience for both untrained Tetris and trained FPS players. No ceiling effects were noticed between trained and untrained groups. Conclusion: Cathodal and anodal tDCS over the left DLPFC and right parietal areas respectively may encourage flow experiences in complex real-life motor tasks that occur during sports, games and everyday life. (shrink)

Advocacy and scholarship addressing sex trafficking as a human rights issue has become a transnational effort, but there has been less attention to sub-national efficacy. Through analyzing progressive justice system responses to domestic violence in Duluth, Minnesota that have been adopted worldwide, this paper demonstrates how to effectively apply these local advances in order to address sex trafficking on a global scale. This paper makes a theoretical contribution to understanding the intersections between domestic abuse and sex trafficking. A key empirical (...) finding is that a coordinated community response is crucial for advancing domestic abuse training, monitoring, and legislation—and this coordination can also be productively utilized for improving responsiveness to victims of sex trafficking across a diverse range of socio-legal and economic contexts. (shrink)

The Australian Productivity Commission and a Joint Select Committee on Gambling Reform have recommended implementation of a mandatory pre-commitment system for electronic gambling. Organizations associated with the gambling industry have protested that such interventions reduce individual rights, and will cause a reduction in revenue which will cost jobs and reduce gaming venue support for local communities. This article is not concerned with the design details or the evidence base of the proposed scheme, but rather with the fundamental criticism that a (...) mandatory pre-commitment policy is an unacceptable interference with the liberty of the individual, and of organizations. It is argued that the concept of paternalism is a useful lens with which to study the interactions between business and society on this issue. It is contended that the benefits of a pre-commitment system to problem gamblers and society are socially and economically significant, and the cost to recreational gamblers, particularly the cost in terms of interference with the liberty of the individual, is minimal. Pre-commitment also requires gambling businesses to act in a more socially responsible manner. It is concluded that the proposed legislation constitutes a paternalistic intervention by government on the interaction between business and society, and that this is justified. (shrink)

Meat is a multi-billion-dollar industry that relies on people performing risky physical work inside meat-processing facilities over long shifts in close proximity. These workers are socially disempowered, and many are members of groups beset by historic and ongoing structural discrimination. The combination of working conditions and worker characteristics facilitate the spread of SARS-CoV-2, the virus that causes COVID-19. Workers have been expected to put their health and lives at risk during the pandemic because of government and industry pressures to keep (...) this “essential industry” producing. Numerous interventions can significantly reduce the risks to workers and their communities; however, the industry’s implementation has been sporadic and inconsistent. With a focus on the U.S. context, this paper offers an ethical framework for infection prevention and control recommendations grounded in public health values of health and safety, interdependence and solidarity, and health equity and justice, with particular attention to considerations of reciprocity, equitable burden sharing, harm reduction, and health promotion. Meat-processing workers are owed an approach that protects their health relative to the risks of harms to them, their families, and their communities. Sacrifices from businesses benefitting financially from essential industry status are ethically warranted and should acknowledge the risks assumed by workers in the context of existing structural inequities. (shrink)

Contemporary food supply chains are generating externalities with high economic and social costs, notably in public health terms through the rise in diet-related non-communicable disease. The UK State is developing policy strategies to tackle these public health problems alongside intergovernmental responses. However, the governance of food supply chains is conducted by, and across, both private and public spheres and within a multilevel framework. The realities of contemporary food governance are that private interests are key drivers of food supply chains (...) and have institutionalized a great deal of standards-setting and quality, notably from their locations in the downstream and midstream sectors. The UK State is designing some downstream and some midstream interventions to ameliorate the public health impacts of current food consumption patterns in England. The UK State has not addressed upstream interventions towards public health diet at the primary food production and processing stages, although traditionally it has shaped agricultural policy. Within the realities of contemporary multilevel governance, the UK State must act within the contexts set by the international regimes of the Common Agricultural Policy and the World Trade Organization agreements, notably on agriculture. The potential for further upstream agricultural policy reform is considered as part of a wider policy approach to address the public health externalities issuing from contemporary food supply chains within this multilevel governance context. (shrink)

Interventions to decrease acquisition and transmission of sexually transmitted diseases among African American women using text messages versus small-group delivery modalities pose distinct research risks and benefits. Determining the relative risk–benefit ratio of studies using these different modalities has relied on the expertise of investigators and their institutional review boards. In this study, African American women participated in focus groups and surveys to elicit and compare risks and benefits inherent in these two intervention delivery modalities, focusing on issues such (...) as convenience, privacy, and stigma of participation. Some risk/benefit variables were implicated in willingness to participate the two intervention modalities. (shrink)

In our experience, public health practitioners seeking to address a health problem often have just two very basic questions about the law: how can I use the law to create new interventions, or improve existing ones, to protect the public’s health; and will the law prevent me from successfully implementing certain interventions? In this way, the law is seen as either an opportunity for intervention to affect a public health problem, or an obstacle to enacting or implementing a desired (...) intervention.In addition, because some public health practitioners may not fully understand the intricacies of a given legal area, some possible obstacles to intervention may be either real or perceived. A real legal obstacle is not necessarily an insurmountable one, but it does have genuine legal force. A perceived obstacle has little, if any, true legal application to a given kind of intervention. (shrink)

Research has shown a direct relationship between infertility-related stress and anxiety in infertile patients. The present study goes into this relationship in depth, testing the moderating role of coping strategies in the associations between specific infertility-related stress dimensions and State-Anxiety among male and female partners of infertile couples. Gender differences were also explored. Both members of 254 infertile couples completed a questionnaire consisting of Socio-demographics, Fertility Problem Inventory–Short Form, Coping Orientation to Problem Experienced–New Italian Version, and State-Trait Anxiety (...) Inventory-Y. The results revealed that Social Concern and Couple’s Relationship Concern, in both partners, and Need for Parenthood, in female partners, had positive correlations with State-Anxiety. Seeking Social Support and Avoidant coping were related to increasing levels of State-Anxiety in both partners, whereas Positive Attitude coping strategies were related to lower levels of State-Anxiety in female partners. Problem-Solving and Avoidant coping played moderating roles between specific infertility-related stress dimensions and State-Anxiety in unexpected directions. Problem-Solving exacerbated the negative effects of Social Concern, whereas Avoidant coping buffered the negative effects of several infertility-related stress dimensions in both partners. Interventions to improve stress management and psychological health in infertile couples should consider that the adequacy of coping strategies is inherently situation specific. It therefore follows that patient-centered clinical interventions should consider the potential inadequacy of promoting Problem-Solving strategies, and that even Avoidance can be an efficient strategy for dealing with specific infertility-related stress dimensions. (shrink)

Moral distress (MD) has received considerable attention in the nursing literature over the past few decades. It has been found that high levels of MD can negatively impact nurses, patients, and their family and reduce the quality of patient care. This study aimed to investigate the potentially effective interventions to alleviate MD in critical care nurses. In this systematic review, a broad search of the literature was conducted in the international databases including PubMed/MEDLINE, Web of Science, and Scopus, as well (...) as Google Scholar search engine using keywords such as moral distress, intensive care unit, ICU, nurses, and critical care nurses from 1984, when the concept of MD was first introduced in the nursing literature, up to 29 October 2020. Studies focusing on the interventions for managing MD in critical care nurse were evaluated. The quality of eligible papers was assessed using the Joanna Briggs Institute (JBI) critical appraisal checklist. A total of 8 studies fulfilled the eligibility criteria. Three studies had RCT design and five studies had quasi-experimental design. All studies were conducted in the United States or Iran. Educational workshop, moral empowerment program, social work intervention, nursing ethics huddles, and multifaceted resiliency bundle intervention were effective interventions for managing of MD among critical care nurses. There is limited but promising research evidence evaluating the efficacy of educational interventions for managing of MD among critical care nurses. Although some positive results have been reported, there is limited generalizable evidence due to the variability of interventions. These findings highlight the need for further studies to validate the efficacy of these interventions or develop more potent and efficient interventions for reducing MD in critical care nurses. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. But do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is ‘yes’: threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set (...) out in article 2(4) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains strikingly under-developed in contemporary just war theory. This paper makes a start at filling the gap. It argues that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. It then provides an account and limited defence of the deterrence argument. It shows that deterrence is morally justified in relatively few cases, and examines two problems with the argument: the problems raised by deterrence failures, and the problems raised by the level of uncertainty under which leaders who use deterrent force operate. It ends by concluding that we should take seriously the possibility that non-intervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

It has been traditional in political philosophy to take internal and external state legitimacy as resting on distinct criteria. However, this is a view that is currently being challenged. Assuming that internal and external legitimacy rely on the same criterion, a possible worry that arises is that an unacceptable amount of intervention will necessarily become justifiable. I argue that such worries are not significant and that they do not rule out this alternative to the traditional view.

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in (...) a democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

In our experience, public health practitioners seeking to address a health problem often have just two very basic questions about the law: how can I use the law to create new interventions, or improve existing ones, to protect the public’s health; and will the law prevent me from successfully implementing certain interventions? In this way, the law is seen as either an opportunity for intervention to affect a public health problem, or an obstacle to enacting or implementing a desired (...) intervention.In addition, because some public health practitioners may not fully understand the intricacies of a given legal area, some possible obstacles to intervention may be either real or perceived. A real legal obstacle is not necessarily an insurmountable one, but it does have genuine legal force. A perceived obstacle has little, if any, true legal application to a given kind of intervention. (shrink)

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against (...) interventions directed at them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

The global industry engaged in direct-to-consumer marketing of unproven stem cell-based interventions has undergone sweeping changes over the past decade. Two of the most striking developments in recent years have been the emergence of stem cell marketing businesses in highly developed nations, such as the United States, Japan, and Australia, and the industry's convergence on a much narrower range of supposedly therapeutic cell types than in the past. The greatest number of businesses advertising unproven uses of stem cells in English (...) are now in the US, and the majority of those promote unproven therapeutic uses of autologous cells (see Supplementary Table S1 in Turner and... (shrink)

The creation of ad hoc international penal tribunals and of a permanent international penal court symbolizes the will to extend penal law from the national state to international relations, thus giving rise to the concept of a punitive intervention. This contribution seeks to establish whether this extension of penal law to international relations should be strictly modeled on national penal law or whether it should follow a paradigm of its own. This could well be the same paradigm, which (...) some authors have suggested for the national level, i. e. the paradigm of reconstructive justice. Though it does not radically exclude the penal dimension of justice, reconstructive justice nevertheless relativizes this dimension, thus leaving room for a more constructive reaction to crime. (shrink)

The spinal mechanisms of action of opioids under normal conditions are reasonably well understood. The spinal effects of opioids can be enhanced or reduced depending on pathology and activity in other segmental and nonsegmental pathways. This plasticity will be considered in relation to the control of different pain states using opioids. The complex and contradictory findings on the supraspinal actions of opioids are explicable in terms of heterogeneous descending pathways to different spinal targets using multiple transmitters and receptors – therefore (...) opioids can both increase and decrease activity in descending pathways. These pathways could exhibit considerable plasticity. There is increasing evidence that delta opioid receptor agonists have the potential to replace morphine as major analgesics with reduced side-effect profiles. The concept of preemptive analgesia, based on preventing the induction of some of the negative plastic influences on opioid controls and the detrimental effects of pain, is sound, but experimental verification in the clinical setting is difficult. For example, a delayed compensatory upregulation of inhibitory systems, particularly in inflammation, may counter persistent painful inputs. Combination therapy with opioids may be beneficial in many pain states where either negative influences are blocked or inhibitory controls are enhanced. Finally, developmental aspects of these systems are discussed in connection with the treatment of pain in young children, where inhibitory systems in the spinal cord are immature. (shrink)