The focus on animal welfare in society has increased during the last 50 years. Animal welfare legislation and private standards have developed, and today many farmers within animal production have both governmental legislation and private standards to comply with. In this paper intentions and values are described that were expressed in 14 animal welfare legislation and standards in four European countries; Sweden, United Kingdom, Germany and Spain. It is also discussed if the legislation (...) and standards actually accomplish what they, in their overall description and ethics, claimed to do, i.e. if this is followed up by relevant paragraphs in the actual body of the text in the legislation and standards respectively. The method used was an on-line questionnaire from the EconWelfare research project and text analyses. This study shows that the ethical values within a set of legislation or private standards are not always consistently implemented, and it is not always possible to follow a thread between the intentions mentioned initially and the actual details of the legislation or standard. Since values will differ so will also the animal welfare levels and the implications of similar concepts in the regulations. In general, the regulations described were not based on animal welfare considerations only, but also other aspects, such as food safety, meat quality, environmental aspects and socio-economic aspects were taken into account. This is understandable, but creates a gap between explicit and implicit values, which we argue, can be overcome if such considerations are made more transparent to the citizens/consumers. (shrink)

Globalization is hailed by its advocates as a means of spreading cosmopolitan values, ideals of sustainability and better standards of living all around the world. Its critics, however, see globalization as a new form of colonialism imposed by rich countries and transnational corporations on the rest of the world, a process in which the rhetoric of sustainability and equality does not match the realities of exploitation and impoverishment of people and nature. This paper endorses neither view. Globalization is not (...) new, but it continually produces new challenges for conceptions of 'home' and 'belonging'. While some enthusiasts regard the 'liberal' and 'environmental' values of the West as the best remedy for what is wrong with the world, others argue that a resource for resisting the destructive effects of globalization may be found in the sense of identity and importance of place found in the traditional scientific and medical traditions of both India and China. Instead of trying to merge these two views in some grand synthesis, this paper argues that traditional conservative and modern liberal values should continually interact with each other to produce novel ideas in debates about home, place and belonging. (shrink)

Farm animal welfare in livestock production is a topical and important issue attracting growing interest of policy makers, consumers, stakeholders in the supply chain and others. While there is much public interest in the issue this is not reflected in the supply and market shares of animal food products that are produced under welfare standards that exceed legislative requirements. Given the obstacles to devising stricter legislative standards, higher welfare animal food products are mostly made available through market-based approaches. (...) This paper discusses different challenges and opportunities for a range of public and consumer policies and makes recommendations on how these might be strengthened. The paper does not report primary empirical findings but assembles available knowledge on citizen and consumer attitudes and perceptions towards animal welfare from various research disciplines. We argue that in order for public and consumer policies to be (more) efficient and effective, it is important to develop a segmented and targeted strategy. This paper will thus elaborate on what information could and should be provided to whom. This implies the need for a good understanding of how people conceptualize farm animal welfare. Further, information provisioning should address the needs and expectations of those specific consumer segments most likely to be motivated to purchase higher welfare products. Based on the assembled information, opportunities and challenges for information provisioning and communication to the public and consumers are identified. The merits and limitations of different forms of information provisioning and animal welfare labelling are discussed and recommendations are set forth for future research. (shrink)

Background Genetic databases are becoming increasingly common as a means of determining the relationship between lifestyle, environmental exposures and genetic diseases. These databases rely on large numbers of research subjects contributing their genetic material to successfully explore the genetic basis of disease. However, as all possible research questions that can be posed of the data are unknown, an unresolved ethical issue is the status of informed consent for future research uses of genetic material. Discussion In this paper, we discuss (...) the difficulties of an informed consent model for future ineffable uses of genetic data. We argue that variations on consent, such as presumed consent, blanket consent or constructed consent fail to meet the standards required by current informed consent doctrine and are distortions of the original concept. In this paper, we propose the concept of an authorization model whereby participants in genetic data banks are able to exercise a certain amount of control over future uses of genetic data. We argue this preserves the autonomy of individuals at the same time as allowing them to give permission and discretion to researchers for certain types of research. Summary The authorization model represents a step forward in the debate about informed consent in genetic databases. The move towards an authorization model would require changes in the regulatory and legislative environments. Additionally, empirical support of the utility and acceptability of authorization is required. (shrink)

Economists interpret global environmental quality to be a pure public good. Each country should contribute to its provision. However, this is hard to achieve because each government is tempted to take a free ride on the other governments' efforts. Not only has this dilemma been analysed with game theoretical methods but game theory has also been used to think about how to make amends. This paper reviews the game theoretical discussion on how international policy frameworks may be designed to (...) improve the chances for international cooperation. It is also shown that the evaluation of alternative environmental policy instruments deviates from the standard environmental economics model if applied to the international arena. For the benefit of an interdisciplinary readership, the evolution of the debate on global environmental policy is related to the recent history of economic thought. This history is taken to be materialised in the writings of economics' Nobel Prize laureates. (shrink)

This paper draws on ideas about policy innovation and adaptation to assess the extent to which ‘payments for ecosystem services’ (PES) can be seen as a challenge to traditionally more bureaucratic, state-centered ways of paying for the provisioning of environmental goods from agricultural landscapes through agri environmental policy (AEP). Focussing on recent experience in the United States and the UK, the paper documents the extent to which PES is now an established term of reference in AEP research and (...) debate in both countries and postulates that this may usher in a new discourse of environmental provisioning in agriculture. The PES landscape is, however, currently highly fragmented and largely experimental, with ‘PES-like’ approaches being piloted in the field through partnerships between state agencies and localized private and charitable interests. State-supported AEP programs remain substantially intact, and rather than any displacement of state action, there appears to be a more gradual insertion of PES approaches and metrics into standard AEP operating procedures. This institutional stickiness is partly due to the continuing difficulty of agreeing the metrics necessary for measuring outcomes but may also be due to the politically well defended nature of traditional AEP entitlements and associated policy networks. We conclude by suggesting a need for further research to better understand these specifically political constraints and sources of resistance to PES and the ambiguous consequences for institutions, policy networks, rural communities and environment. (shrink)

In the past few years, environmental activists and some academic studies of environmental political issues have portrayed environmental protection as a new social consensus. This view has some, though limited, capacity for explaining the controversial character of many environmental protection issues and the frequent losses that environmental activists experience in political struggles. In an effort to clarify this seeming conundrum, the author delineates the core of the societal consensus thesis’ best explanation for the controversial character (...) of many environmental policy decisions. This explanation is contrasted with explanation that draws on conflict among three coherent rival environmental perspectives in contemporary political life. These environmental views are integral, if frequently unrecognized, aspects of familiar general social perspectives distinguished by contrasting principles, values, and practical objectives. A strategy is designed to facilitate responsible environmental protection legislation in light of these three rival perspectives. (shrink)

Marine ecosystems are in serious troubles globally, largely due to the failures of fishery resources management. To restore and conserve fishery ecosystems, we need new and effective governance systems urgently. This research focuses on fisheries management in ancient China. We found that from 5,000 years ago till early modern era, Chinese ancestors had been constantly enthusiastic about sustainable utilization of fisheries resources and natural balance of fishery development. They developed numerous rigorous policies and regulations to guide people to act on (...) natural laws. Being detailed and scientific, the legal systems had gained gratifying enforcement, due to official efforts and folks’ voluntary participation in resource management. In-depth analyses show that people’s consciousness of ecological conservation was derived from the edification of kinds of ancient eco-ethical wisdom, such as totemism, nature worship, Zhou Yi , Taoism, Buddhism, Confucianism, Mohism, etc. All this Chinese classical wisdom have the same cores: “Nature and Man in One” spirit, frugality and “All things are equal” concept. The findings show that eco-ethical thinking is never inconsistent with social ethic systems, and it’s of great importance to give legal effect to usual ecological moral claims and eco-ethical requirements of the public in protecting the environment. The eco-ethical wisdom is efficient in assisting and urging people to fulfill humans’ obligation for nature. Finally, it’s believed that present world fisheries management will benefit a lot from all these ancient Chinese thoughts and practices. People are expected to make the most of the eco-ethical wisdom, strengthen fishery legislation and fully stimulate their voluntary participation in both marine fishery resources conservation and fishery cyclic economy. (shrink)

This Paper argues that to protect at-risk communities — and all Americans — from the deadly effects of environmental racism, Congress must pass the Environmental Justice for All Act. The Act is intended to “restore, reaffirm, and reconcile environmental justice and civil rights.” It does so by restoring an individual’s right to sue in federal court for discrimination based on race, ethnicity, or national origin regardless of intent under the Civil Rights Act of 1964, strengthening the National (...) Environmental Policy Act, and providing economic incentives focused on environmental justice. (shrink)

The principle of liberal neutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberal neutrality by implication promotes environmental policy that accommodates competing activities in order to (...) provide a wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (shrink)

Nearly all current attempts at environmental impact analysis and technology assessment fall victim to an ethical and methodological assumption that Keniston termed “the fallacy of unfinished business.” Related to one version of the naturalistic fallacy, this assumption is that technological and environmental problems have only technical, but not social, ethical, or political solutions. After using several impact analyses to illustrate the policy consequences of the fallacy of unfinished business, I suggest how it might be overcome. Next I present (...) three standard arguments, repeatedly used in technology and environmental impact assessments, by those who subscribe to this “fallacy.” I briefty examine the logical, consequentialist, and historical reasons for rejecting all three arguments in favor of this assumption. If my suggestions are correct, then environmental impact analysis is not only a matter of discovering how to finish our technological business, but also a question of learning how to recognize the ethical and epistemological dimensions of our assessment tasks. (shrink)

The principle of liberal neutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberal neutrality by implication promotes environmental policy that accommodates competing activities in order to (...) provide a wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (shrink)

Most environmental philosophers have had little use for 'conventional' philosophical and political thought. This is unfortunate, because these traditions can greatly contribute to environmental ethics and policy discussions. One mainstream concept of potential value for environmental philosophy is the notion of the public interest. Yet even though the public interest is widely acknowledged to be a powerful ethical standard in public affairs and public policy, there has been little agreement on its descriptive meaning. A particularly intriguing account (...) of the concept in the literature, however, may be found in the work of the American pragmatist John Dewey. Dewey argued that the public interest was to be continuously constructed through the process of free, cooperative inquiry into the shared good of the democratic community. This Deweyan model of the public interest has much to offer environmental philosophers who are interested in making connections between normative arguments and environmental policy discourse, and it holds great promise for enhancing environmental philosophy's role and impact in public life. (shrink)

"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

The standard approach to environmental issues today is to turn to science, economics, or democratic populism as a means to resolve our environmental debates. Environmental philosophers, on the other hand, focus on the theoretical underpinnings of environmental issues, with possibly a brief reference to a specific case or example. A policy turn in environmental philosophy involves a third way, where philosophers begin from society’s own growing sense of the inadequacy of our conventional ways of addressing (...) environmental problems. (shrink)

Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global (...) class='Hi'>environmental stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India. (shrink)

We report the results of an exploratory study that examines the judgments of climate scientists, climate policy experts, astrophysicists, and non-experts (N = 3367) about the factors that contribute to the creation and persistence of disagreement within climate science and astrophysics and about how one should respond to expert disagreement. We found that, as compared to non-experts, climate experts believe that within climate science (i) there is less disagreement about climate change, (ii) methodological factors play less of a role in (...) generating disagreements, (iii) fewer personal or institutional biases influence climate research, and (iv) there is more agreement about which methods should be used to examine relevant phenomena we also observed that the uniquely American political context predicted experts’ judgments about some of these factors. We also found that, in regard to disagreements concerning cosmic ray physics, and commensurate with the greater inherent uncertainty and data lacunae in their field, astrophysicists working on cosmic rays were generally more willing to acknowledge expert disagreement, more open to the idea that a set of data can have multiple valid interpretations, and generally less quick to dismiss someone articulating a non-standard view as non-expert, than climate scientists were in regard to climate science. (shrink)

"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.

A central point of debate over environmental policies concerns how future costs and benefits should be assessed. The most commonly used method for assessing the value of future costs and benefits is economic discounting. One often-cited justification for discounting is uncertainty. More specifically, it is risk aversion coupled with the expectation that future prospects are more risky. In this paper I argue that there are at least two reasons for disputing the use of risk aversion as a justification for (...) discounting when dealing with longterm decisions, one technical and one ethical. Firstly, I argue that technically, it implies an inconsistency between theory and practice. And secondly, I argue that discounting for uncertainty relies on a form of individualism which, while reasonable in standard microeconomic theory where an agent chooses how to spread her own consumption over her own lifetime, is inappropriate in the context of intergenerational social decisions. (shrink)

Sustainable development has increasingly found its way into the context of environmental legislation. Russian environmental legislation is not effective for transitioning toward sustainable development. The main obstacle is ignoring traditional environmental values, which are not properly incorporated into laws and regulations. However, rich Russian traditions and culture imply a big potential to develop environmental legislation in accordance with sustainable principles. The paper explores areas where environmental regulations should be revised and implemented with (...) adequate legal mechanisms based on traditional values. This paper contributes to the discussion of improving environmental legal norms in any domestic legislation. (shrink)

Environmental pragmatists such as Bryan Norton and Ben Minteer argue that environmental philosophers should look to the values of real people and communities to determine which environmental policies and legislation should be put into place. But they want to avoid a kind of simplistic relativism, since that view entails all sorts of reprehensible conclusions about what is right and wrong and what is valuable, both generally and with respect to the environment. Their solution is to distinguish (...) between the community’s surface or apparent values and its true values—the community’s true values serve as the basis for the moral appraisal and justification of policies and legislation, and they believe that these will neither endorse nor justify reprehensible principles or policies. The community’s true values, according to Norton, are those that survive a critical, deliberative process. However, there is no reason to think that the process described by Norton will yield normatively better values—values that do not have reprehensible implications. Even if the process described by Norton were to have this effect, he cannot consistently appeal to it, since it runs counter to his overall account of value as being nothing more than actual instances of real people caring about and valuing something. If value is a function of what people actually value here and now, then what people would value under conditions that are unlikely to occur is irrelevant to what is valuable and what can count as the true values of a community. Thus, Norton’s view, and environmental pragmatism, at least to the extent that Norton’s account is representative of that view, remains susceptible to the reprehensible implications problem. (shrink)

One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical (...) decisions. In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)

The focus of this chapter is public policy and consequentialism, especially issues that arise in connection with the environment – i.e. the natural world, including non-human animals. We integrate some of the existing literature on environmental economics, welfare economics, and policy with the literature on environmental values and philosophy. The emphasis on environmental policy is motivated by the fact that it is arguably the most philosophically interesting and challenging application of consequentialism to policy, as it includes all (...) the challenges of valuing the distribution of human wealth and power, and has the further challenge of putting these consequences on the same scale as consequences for human health, non-human animals, and nature. We suggest that standard methods of (economic) policy analysis provide a good approximation of correct welfarist analysis, except that they must be supplemented with methods for valuing animal wellbeing and tradeoffs with human wellbeing. We then provide the needed methods. (shrink)

The past two decades have witnessed the emergence of corporateassociation- and standards-based forms of environmental selfregulation. Private environmental governance is commonly presented as being a market-driven phenomenon. Firms seek to manage their environmental impacts as a means of achieving cost-based or differentiation-based advantages. Yet, these innovations are necessarily embedded in the regulatory policies and institutions of nation states and thus subject to the dynamics of regulatory change. Historically, economic crises have stimulated significant regulatory changes that have, (...) more often than not, resulted in an expansion of public regulation and a diminution of self-regulation. This Article considers the ramifications of the global financial crisis for the development of private environmental governance. (shrink)

Most literature about vaccine hesitancy has been focused on parental attitudes. Less attention has been devoted to both scientists and experts who raise criticism about immunization policies and intervene in the public debate. This consideration aims to balance the current emphasis in the literature on parents’ attitudes about vaccination, offering a complementary angle to reframe and widen the controversy. Focusing on scientists and experts, an unattended complex picture of multiple attitudes towards vaccines and vaccinations has been discovered through a qualitative (...) content analysis of texts related to the harsh public debate, held between March 2017 and November 2018, triggered by the legislative proposal of making ten vaccinations mandatory for children. Unlike oversemplications that misleading dichotomies reproduce, the analysis reveals nine different positions along the continuum of immunisation attitudes, ranging from radical acceptance of vaccinations to radical rejection, which constitute a fuzzy set. Consequently, a twofold reality emerges: on the surface, the conflict seems between pro-vaxxers versus hesitant, pro-choice and anti-vaxxers; beneath it is amid standardized versus a varieties of contextual and personalised approaches to health. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Policy and the Political Life of Music Education ed. by Patrick Schmidt and Richard ColwellHung-Pai ChenPatrick Schmidt and Richard Colwell, eds., Policy and the Political Life of Music Education (Oxford: Oxford University Press, 2017)Policy and the Political Life of Music Education is a collection of discourses regarding music education policy and its practice across a wide range of perspectives and geographical background. The book, edited by Patrick Schmidt (...) and Richard Colwell, not only provides the general readership with a well-rounded basis for comprehending music education policy in various regions, but it also offers music education stakeholders’ perspectives regarding the meaning, value, and the importance of participating in policy development and its implementation.This book discusses various policy-related issues among music education systems in terms of education levels from kindergarten to higher education and institutional music education systems. It explores both general music learning and professional musician training. Further, the scope of its observations cover issues outside of the campus; for instance, the work of musicians/teachers at the community level (Chapter 11) and the hardships associated with performing organizations such as orchestras (Chapter 13). Besides, the editors survey policy implementation at national, state, local, and organizational levels in different countries and circumstances in the Anglo-American educational world as well [End Page 217] as other contexts including Brazil (Chapter 7), Taiwan (Chapter 8), and Norway (Chapter 12).The crucial issues raised in the book are also within the focus of global education; for example, multicultural education, assessment of policy/curriculum, social inclusion, and equality of access to music education. These all accord with the notion of current trends in education and provide directions for future development. Such comprehensive discussions indeed offer readers extensive information through the three sections of policy foundation, international perspectives on policy, and policy in context.The prerequisite of the overall practice of policy is to translate an education philosophy into comprehensive terms while convincing the public.1 However, many consider that policy development is the business of government, authorities, and politicians; some music educators even believe that the discourse of policy and political issues concerning music education is far beyond their control. My ongoing study also shows that a number of music educators, including school teachers, studio instructors, and student teachers, lack the understanding of and are ignorant in the interpretation of policy.2 Policy documents such as statutes, blueprints, and even curriculum guidelines/standards are often strictly followed as compelling legislation or mandates, despite the fact that public hearings, dialogues, and on-line forums are available for all stakeholders to contribute their thoughts and experiences in their on-going development and interpretation. In this book, the authors provide a clear range of views to explain the complexity of policy development and its future implementation, embracing factors such as social context, economic condition, political evolution, assessment, and research, as well as diverse populations including academics, principals, school teachers, parents, and students. Throughout the collection, cases are raised for stressing the significance of participating in policy development and implementation and, as such, nobody is a bystander.Further, this book advocates that the awareness and understanding of policy issues should be included in teacher preparation programs for better participation in and implementation of policy by teachers, while policy related masters and doctoral studies should be encouraged. This suggests that policy relevant courses in university curriculum, either at the undergraduate or post-graduate level, should be evaluated in view of cultivating students’ political literacy and, consequently, enabling them to participate more fully in their future career. This view links to Katherine Zeserson and Graham Welch’s argument (Chapter 14) that research, policy, and practice are the spinning triangle which could make music more inspiring for the next generation. Policy should not be alienated from music and its teaching; it has the ability to improve and change both. [End Page 218]David Elliott claims that all musicians, including students, are part of the artistic citizenship and therefore should develop a social-political identity and a commitment toward social change.3 Paul Woodford further expresses that children should be prepared to develop their voice for shaping the society.4 Margaret Barrett (Chapter 10... (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)

In light of arguments that citizen science has the potential to make environmental knowledge and policy more robust and democratic, this article inquires into the factors that shape the ability of citizen science to actually influence scientists and decision makers. Using the case of community-based air toxics monitoring with ‘‘buckets,’’ it argues that citizen science’s effectiveness is significantly influenced by standards and standardized practices. It demonstrates that, on one hand, standards serve a boundary-bridging function that affords bucket (...) monitoring data a crucial measure of legitimacy among experts. On the other hand, standards simultaneously serve a boundary-policing function, allowing experts to dismiss bucket data as irrelevant to the central project of air quality assessment. The article thus calls attention to standard setting as an important site of intervention for citizen science-based efforts to democratize science and policy. (shrink)

This book offers an empirical and theoretical account of the mode of governance that characterizes the Bologna Process. In addition, it shows how the reform materializes and is translated in everyday working life among professors and managers in higher education. It examines the so-called Open Method of Coordination as a powerful actor that uses “soft governance” to advance transnational standards in higher education. The book shows how these standards no longer serve as tools for what were once human (...) organizational, national or international, regulators. Instead, the standards have become regulators themselves – the faceless masters of higher education. By exploring this, the book reveals the close connections between the Bologna Process and the EU regarding regulative and monitoring techniques such as standardizations and comparisons, which are carried out through the Open Method of Coordination. It suggests that the Bologna Process works as a subtle means to circumvent the EU’s subsidiarity principle, making it possible to accomplish a European governance of higher education despite the fact that education falls outside EU’s legislative reach. The book’s research interest in translation processes, agency and power relations among policy actors positions it in studies on policy transfer, policy borrowing and globalization. However, different from conventional approaches, this study draws on additional interpretive frameworks such as new materialism. (shrink)

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are (...) available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, et cetera If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe. (shrink)

Appraising public policies about using technoscientific innovations requires attending to the values reflected in the interests expected to be served by them. It also requires addressing questions about the efficacy of using the innovations, and about whether or not using them may occasion harmful effects ; moreover, judgments about these matters should be soundly backed by empirical evidence. Clearly, then, scientists have an important role to play in formulating and appraising these public policies. However, ethical and social values affect decisions (...) made about the criteria for identifying the range of risks, and of relevant empirical data needed for making judgments about them, that should be considered in public policy deliberations, and for determining how well claims concerning risks should be supported by the available data in order to warrant that they have a decisive role in the deliberations. Consider the case of public policies about using GMOs. Concerning the range of data: is it sufficient for risk assessment only to be informed by data relevant to investigating the risks of using GMOs that may be occasioned by way of physical/chemical/biological mechanisms directly triggered by events within their modified genomes? Or: should data pertaining to the full range of ecological and socioeconomic effects of using them, in the environments in which they are used and under the socioeconomic conditions of their use, also inform this assessment? Those interested in producing and using GMOs, in the light of their adhering to values of capital and the market, are likely to give a positive answer to the first question; those holding competing values, e.g., connected with respect for human rights and environmental sustainability, to the second. And, concerning the degree of support: the former – citing the ethical gravity of losses that would be incurred by failing to use GMOs on a wide scale – are likely to require less stringent standards of evidential appraisal than the latter. Scientists, qua scientists, however, do not have special authority in the realm of values. Thus, their judgments, about the evidential support that claims about risks have, may sometimes be reasonably contested partly on value-laden grounds – as they have been in the GMO case, where the contestation has generated considerable controversy, and continues to do so. It follows that, in the context of deliberations about public policy, unless scientists engage with representatives of all stakeholders in the outcomes of the policies – taking into account that their competing values may lead to making different decisions about what are the relevant data, as well as about the degree of support required for their claims about risks to gain the required credibility to inform the deliberations; and respecting "tempered equality" of participants in the dialogue – their trustworthiness is put into question and their authority diminished. (shrink)

The authors use empirical research into the environmental practices of 31 manufacturing small and medium-sized enterprises (SMEs) to show that ‚business performance’ and ‚regulation’ considerations drive behaviour. They suggest that this is inevitable, given the market-based decision-making frames that permeate and dominate the industry in which manufacturing SMEs operate. Since the environment is a pillar of corporate social responsibility (CSR), the findings have important implications for CSR policy, which promotes voluntary actions predicated on a business case. It is argued (...) that this approach will not alter the behaviour of manufacturing SMEs significantly because CSR practice will be regarded as an optional and costly ‚extra’ affecting core business activity. Consequently, the use and development of existing regulatory structures, providing minimum standards for many activities covered by CSR, remains the most effective means through which the behaviour of manufacturing SMEs will be changed in the short to medium-term. Another feature of the paper is the distinction made between ‚business performance’ and the ‚business case’ argument. Business performance emphasises cost reductions and efficiency whereas the business case accentuates the benefits to shareholders of good practices as their firms become more attractive to stakeholders and society. Manufacturing SMEs␣try to improve business performance because of the pressures placed on them by market-dominated decision-making frames. These frames do not encourage manufacturing SMEs to undertake voluntary actions for the benefit of wider stakeholders and society. (shrink)

Environmental ethics is a critical study of the normative issues and principles relevant to the relationship between humans and the natural world. It covers various fields, ranging from the welfare of animals versus ecosystems to theories of the intrinsic value of nature. There are various approaches to environmental ethics. This paper examines some of the key positions presented by different environmental ethicists and their impacts on the natural environment. Some writers maintain that environmental ethics does not (...) have a major contribution to make to the solution of environmental problems. However, this study and the contribution of many scholars show that environmental ethics has much to contribute to the solution of global environmental problems. Various governments and policy makers can bring the insights of environmental ethics into various natural resource management settings. The ideas of environmental ethicists have had an impact on the natural environment. Among others, the “Precautionary principle” is an ethical principle that is increasingly being embodied in the legislation of various governments. If environmental ethics broadens its scope and addresses the injustice done to the majority of poor and powerless people and to nonhuman species, it will have a paramount role in creating awareness within countries and globally about the actions of transnational corporations, irresponsible capitalist countries and local industries which damage the environment. Environmental ethicists may alert peasant farmers, pastoralists and other indigenous people to understand the long range effects of environmental degradation that are beyond the purview of local people and otherwise unavailable. Environmental ethicists with varied backgrounds can join peasant farmers and pastoralists who have multidimensional knowledge of the natural environment and help them develop further knowledge of it. The efforts of many people will one day bring change in favour of the majority of the people, nonhuman species, and the planet Earth. In fact, the paper stresses that environmental questions are not simply ethical. It suggests that the present power relations at the local and international levels should be changed in the direction of just and environmentally and socially sound development.EJOSSAH Vol.1 2003: 63-88. (shrink)

The specialist field of intellectual disability nursing has been subjected to a number of changes since the move towards deinstitutionalisation from the 1970s. Government policies sought to change the nature of the disability workforce from what was labelled as a medicalised approach, towards a more socially oriented model of support. Decades on however, many nurses who specialise in the care of people with intellectual disability are still employed. In Australia, the advent of the National Disability Insurance Scheme offers an apt (...) moment to reflect upon these decades of specialised nursing care as the context of this nursing care will continue to evolve. A review of the published literature was conducted to explore what has shaped the field in the past and how this might inform the future of this speciality area under new policy and service contexts. People with intellectual disability have specific health and support needs that require a specialised workforce. Specialist nurses continue to be needed for people with intellectual disability. (shrink)

How do we weigh the claims of current and future people when current exercise of rights to property conflict with sustainability? Are property rights over theseresources more limited due to the claims of posterity? Lockean property rights allow no right to degrade resources when doing so threatens the basic needs offuture generations. A stewardship conception of property rights can be developed, providing a justification for sustainable management legislation even whensuch law conflicts with the rights an owner would have, were (...) the resource under more full-blown ownership. A protection indicator can be developed that is sensitive to a range of empirical factors such as scarcity, renewability, importance of the resource, and seriousness and reversibility of potential harm. The stewardship conception of rights over environmental resources can be applied in policy settings, for example, in decisions over emissions limits and land-use patterns. Such harnessing of Lockean intuitions to argue for environmental protection is in sharp contrast to Locke’s usual employment by those keen to show that such protection violates owners’ rights. (shrink)

Thomas Hill famously argued that what really bothers us about environmental degradation is best discovered by asking “What kind of person would do such a thing?” Beliefs, some of which are blameworthy, are among the things that define what kind of person one is. What we care about is reflected in whether one’s epistemic practices align with one’s core moral convictions and common standards of decency. Our moral sensitivities are reflected in what we attend to and reflect upon. (...) What we do not notice can be a result of culpable indifference or self-deception. Environmental beliefs formed with negligent disregard for the risks they create for others are reflections of a vicious moral character. Beliefs of citizens have consequences. They determine what politicians will respond to and what policies they will introduce. Ideological commitments have been shown to influence what one takes to be the facts about risks. When the ethical dimensions of environmental beliefs and ignorance are unchallenged society drifts morally. Emphasizing the relationship between commonly shared moral convictions (more basic than ideological commitments) and risky environmental beliefs and actions has more potential to create environmental awareness than the current focus on environmental science and the economic benefits of better environmental policies. (shrink)

This article explores the emergence of standards and regulation associated with the provision of Closed Circuit Television (CCTV) surveillance systems in the United Kingdom. It argues that despite the intrusive and controlling nature of CCTV technology there is limited formal intervention in the form of legislation, governing its introduction and use. Instead government has sought to influence the regulation of the technology indirectly through its ability to shape and govern policy networks in the policy arena. In doing so, (...) it is argued here, that government remains the dominant actor in the policy process. (shrink)

The precautionary principle is a widely accepted policy norm for decision making under uncertainty in environmental management, However, some of the traditional ways of ensuring trustworthy results used in environmental science and of communicating them work contrary to the general goal of providing the political system and the public with as good an input as possible in the decision making process. For example, it is widely accepted that scientists should only communicate results fulfilling the traditional scientific standard for (...) hypothesis testing. The need for introducing complementary norms in environmental science is illustrated by a recent discussion among scientists on how the precautionary principle should be used in the context of marine biological studies. This discussion highlights the importance of the use of statistical power in communicating scientific results to decision makers and to the general public as well as to the scientific peers. We argue that it would be unethical to report only certainties—because of the need of early warnings—and it would in the same way be unethical to hide the uncertainties. Environmental science can make a better contribution to environmental decision making, if the available knowledge is communicated in a manner which allows for insight on how strong the evidence is. (shrink)

Globalization has increased the economic power of the multinational corporation (MNC), engendering calls for greater corporate social responsibility (CSR) from these companies. However, the current mechanisms of global governance are inadequate to codify and enforce recognized CSR standards. One method by which companies can impact positively on global governance is through the mechanism of Global Public Policy Networks (GPPN). These networks build on the individual strength of MNCs, domestic governments, and non-governmental organizations to create expected standards of behaviour (...) in such areas as labour rights, environmental standards, and working conditions. This article models GPPN in the issue area of CSR. The potential benefits of GPPN include better overall coordination among industry and government in establishing what social expectations the modern MNC will be expected to fill. (shrink)

This paper explores the intersection between three processes associated with globalisation. First, the rise of emerging economies like China, Brazil and India, the so-called ‘Rising Powers’, and their potential to define the contours of globalisation, global production arrangements and global governance in the twenty-first century. Second, the importance of corporate social responsibility goals in the shaping of global trade rules and industrial practices. Third, the significance of small firm clusters as critical sites of industrial competitiveness. Some of the most significant (...) examples of successful, innovative and internationally competitive small firm clusters from the developing world are located in the ‘Rising Powers’ and cluster promotion is a core element of national industrial policy in some of these countries. There is also evidence of engagement by clustered actors with corporate social responsibility goals around labour and environmental impacts. While these three processes have been separately studied there has been no attempt to explore their intersections. This paper addresses this gap through a comparative analysis of secondary data, and a detailed reading of the literature, on CSR and clusters in Brazil, China and India. It assesses the evidence on small firm clusters in the Rising Power economies and considers how these Rising Power clusters engage with CSR goals pertaining to labour, social and environmental standards. It argues for a greater focus on the formal and informal institutional context, termed the ‘social contract’, in explaining divergent experiences and practices observed across these countries. This raises important questions for future academic and policy research on clusters, CSR and the Rising Powers. The paper concludes by outlining a research agenda to explore the local and global consequences of the relationship between Rising Power clusters and international labour and environmental standards. (shrink)

The contribution of food and diet to health is much disputed in the background culture in the US. Many commercial or ideological advocates make claims, sometimes with health as a primary goal, but often accompanied by commercial or ideological interests. These compete culturally with authoritative recommendations made by publicly funded groups. For public policy concerning diet and health to be legitimate, not only should it not be inconsistent with the scientific evidence, but also it should not be inconsistent with the (...) political environment. Healthy Eating Policy and Political Philosophy (HEPPP), by Barnhill and Bonotti (2022), addresses how policy in this complex area might be justified. In the present essay I highlight some important strengths of their work and also make some points about how it might be clarified or enlarged in scope. The great strength of HEPPP is that it emphasizes the role of a political philosophy in evaluating the legitimacy of public policy. They presume a well-off liberal democratic state, and specifically they draw on Rawls’ political liberalism, as developed in Political Liberalism (PL). One of several interlocking technical concepts developed in this book, public reason speaks to the boundaries of what should be acceptable in public deliberation about constitutional essentials and basic justice. HEPPP explores the application of an extension of public reason to the justification of policies related to “healthy eating.“ Public reason has two components, both of which pertain to a common understanding among citizens: (1) a common understanding of the principles and ideals that are the foundation of the political society, and (2) a common understanding of the standards that govern reason and evidence, including common sense. HEPPP argues that even though for diet and health the complexity of the scientific evidence goes far beyond anything like common sense for a typical citizen, the technical idea of “accessibility” of the scientific evidence justifies reliance on it within the concept of public reason. I question this accessibility argument about scientific evidence and public reason because the nature of the population-level epidemiological evidence about diet and health is that it often includes judgments that are based on arguable interpretations, framing incidence in terms of risk and prevention; thus the issue is more than one of potential accessibility of scientific evidence. Nevertheless, evaluation and consideration of the scientific evidence is of obvious practical importance in policy deliberation concerning policy related to what Rawls call “ordinary legislation.“ Even though public reason applied to healthy eating policy may not be as pertinent as it is for constitutional essentials and basic justice, and even though it is unlikely to result in a “correct outcome,“ invoking reasons based on political values and principles held in common has important value even in these deliberations about more ordinary questions. That value applies not to the specifics of the particular issue, but to the larger context for the particular policy being deliberated, as a potential contribution to an overlapping consensus that is stable for the right reasons. If this vision of political liberalism were achieved, then contentious debate about health eating policy and its scientific basis could occur within that context and be resolved within the basic political structure. Because public health and political liberalism have a common concern for a good at the population level, they have an underlying affinity. Healthy eating policies could be evaluated in two not-unrelated ways: based on their instrumental contribution to the good of the public body of citizens as population-level health, and according to their stabilizing contribution to an overlapping consensus among citizens. In this latter way a policy would contribute to a conditional integral common good a la Sulmasy, one that has the prospect of conditioning a political system, and by doing so create the conditions of the possibility of a constitutive integral common good that is constituted on the right reasons for allegiance to an overlapping consensus. To conclude with reference to HEPPP, public reason may play an important function with respect to the political common good, even as debates about the weight and meaning of scientific evidence from epidemiology play out in deliberation of ordinary legislation concerning healthy eating. (shrink)

This paper interprets the British legislative process that initiated the first comprehensive national regulation of embryo research and fertility services and examines subsequent efforts to restrain the assisted reproduction industry. After describing and evaluating British regulatory measures, I consider successive failures to control the assisted reproduction industry in the US. I discuss disparities between UK and US regulatory initiatives and their bearing on regulation in other countries. Then I turn to the political and social structures in which the assisted reproduction (...) industry is embedded. I argue that regulatory bodies are seldom neutral arbiters. They tend to respond most readily to special interests and neglect strategies that could more effectively meet the health needs of the people they represent. Neither national nor international bodies have aggressively pursued policies to harness the industry, reduce infertility rates, or meet the needs of people whose fertility is threatened by substandard healthcare and environmental neglect. In conclusion, I consider recent initiatives by activist groups to mount an alternative response to the industry's current practices and build a transnational reproductive justice movement. (shrink)

Because complex environmental problems are relegated to scientific experts, the ethical questions that are embedded in these problems are often hidden or distorted in scientific and administrative methodology and communication. The administrative process requires that facts and values be separated. Those values that cannot simply be ignored are usually translated into technical economic language and settled in terms of economic costs and benefits. Calls for regulatory reform-i.e., to reduce or eliminate environmental regulation--create additional pressures on analysts that encourage (...) them to focus on quantitative questions at the expense of qualitative ones. Distortion can also result from the use of standard risk assessment procedures and from the improper placement of burden of proof on govemment agencies. The greatest problem, nevertheless, is the narrow scientific training of technical experts which frequently leaves them unprepared to deal with the ethical and value issues in environmental public policy. (shrink)

Richard Miller presents a bold new program for international justice. He argues for new standards of responsible conduct by governments, firms, and individuals in developed countries, to govern trade, investment, environmental policy, and the use of force. He offers an urgently needed strategy for moving humanity toward genuine global co-operation.

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land acquisitions and, thus, for determining (...) whether they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

End-of-life disputes in Ontario are currently overwhelmingly assessed through the singular lens of patient autonomy. The current dispute resolution mechanism does not adequately consider evidence-based medical guidelines, standards of care, the patient’s best interests, expert opinion, or distributive justice. We discuss two cases adjudicated by the Consent and Capacity board of Ontario that demonstrate the over emphasis on patient autonomy. Current health care policy and the Health Care Consent Act also place emphasis on patient autonomy without considering other ethically (...) defensible factors. We argue that current policy and legislation require amendment, and unless there are measures undertaken to modify them, both the quality of care provided and the long-term capabilities of the health care system to remain publicly-funded, comprehensive and equitable, are at stake. (shrink)

It is often stated that optimal global climate policy requires global harmonization of marginal abatement costs – i.e., a single carbon price throughout the world. Chichilnisky and Heal (1994) have shown quite generally that this is only the case if distributional issues are ignored, or if lump-sum transfers are made between countries. Else, a policy in which different regions face different carbon prices may be superior to one with a single global carbon price from a welfare point of view. Still, (...) most integrated assessment models (IAMs) assume away distributional issues and report a single optimal carbon price. We calculate utilitarian-optimal carbon prices under zero cross-regional lump-sum transfers in the multi-region IAM NICE. The result is optimal global climate policy with different regional carbon prices in which the poorest regions face initially low prices, while the richest regions face very high prices from the outset. This entails significant welfare gains over the standard single price optima commonly reported, which, as we argue briefly in conclusion, can be improved upon still by allowing international trading in the corresponding emissions allocations. (shrink)

Environmental problems have an ethical dimension. They are not just about the efficient use of resources. Justice in the distribution of environmental goods and burdens, fairness in the processes of environmental decision-making, the moral claims of future generations and non-humans, these and other ethical values inform the responses of citizens to environmental problems. How can these concerns enter into good policy-making processes?Two expert-based approaches are commonly advocated for incorporating ethical values into environmental decision-making. One is (...) an 'economic capture' approach, according to which existing economic methods can be successfully extended to include ethical concerns. For example, stated preference methods, especially contingent valuation, have been developed to try and capture ethical responses as 'non-use values' of the environment, in particular 'existence values'. The other is a 'moral expert' approach which confines economic methods to the analysis of welfare gains, and assumes committees of ethical experts will complement economic expertise.Both approaches face problems in terms of addressing many widely held ethical values about the environment. Furthermore, both face problems concerning the democratic legitimacy of their procedures. How can policy-making be made responsive to different ethical values? What role is there for new deliberative and participatory methods? How far do existing decision-making institutions have the capacities to incorporate different modes of articulating environmental values?This policy brief examines the limitations of current attempts to capture ethical values within existing economic instruments and considers how these limitations might be overcome. Section 1 examines the assumptions that standard economic theory makes about individuals when they express values and make choices about the environment. The current models of agents that inform policy-making are seen to be ill-suited to incorporating the ethical responses of agents and this reveals some of the policy failures that may result. Section 2 shows how the physical and social properties of many environmental goods prevent their being treated as commodities. Section 3 considers the problems surrounding conceptions of fairness and legitimacy in processes for environmental valuation. Section 4 raises questions concerning the capacities of policy-making institutions to take cognisance of the results of different methods for articulating environmental values. (shrink)

Academic institutions aim at achieving the highest standards of education and learning. Consequently, they prohibit academic corruption such as cheating or plagiarism. This article examines how international accreditation and quality assurance standards embody academic integrity as a main factor in deciding whether an academic institution should be accredited, and what ranking should an academic institution acquire in a competitive contest for educational excellence. Academic integrity is broadly defined to include, in addition to cheating and plagiarism, compliance with (...) class='Hi'>standards of human rights, labor rights, corporate social responsibility, ant-corruption measures, environmental protection, social media usage, protection of underage students, anti-radicalization and extremism, avoidance of conflict of interest, faculty professionalism, students codes of conduct and human experimentation. Academic institutions should adopt policies that are designed to address these diverse standards and accommodate diversity and enhance access to education for all without discrimination. Academic institutions should also strictly require the highest standards in teaching and research. This article will discuss the different policies, laws, rules and regulations adopted by Qatar University as a model for incorporating academic integrity, which may be of interest to the international higher education community. This article will ask two main questions; are accrediting institutions asking the right questions to find out whether an academic institution strictly adheres to a policy of academic integrity, and whether policies adopted by academic institutions, Qatar University as a model, are adequate to address various violations of academic integrity. (shrink)