The Flint water crisis demonstrates the importance of adequate legal preparedness in dealing with complicated legal arrangements and multiple statutory responsibilities. It also demonstrates the need for alternative accountability measures when public officials fail to protect the public's health and explores mechanisms for restoring community trust in governmental public health.

This article discusses the ways in which law functions as a determinant of health, historical collaborations between the health and legal professions, the benefits of creating medical-public health-legal collaborations, and how viewing law through a collaborative, population health lens can lead to health equity.

Motorcycle helmet laws are perceived to infringe upon individual rights even though they reduce mortality and health care costs. We describe proposed helmet legislation that protects individual rights and provides incentives for helmet use through a differential motorcycle registration fee that requires higher fees for those who wish to ride without a helmet.

Since its inception in 2010, the Network for Public Health Law has aligned with federal, state, tribal, and local public health practitioners to assess how law can promote and protect the public’s health. In 2013, Network authors illustrated major trends in public health laws and policies emanating from an internal assessment of thousands of requests for technical assistance nationally. More recently, the Robert Wood Johnson Foundation has invited the Network and other partners to consider new ideas and strategies toward building (...) a “culture of health.” Per Figure 1, RWJF’s conception of a culture of health emphasizes key action areas essential to the promotion of health across all sectors and diverse populations. (shrink)

Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of (...) institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists. (shrink)

Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought to (...) promote. Building on this analysis, she proposes a normative model of political relationships. A Moral Theory of Political Reconciliation delivers an original account of the failure and restoration of political relationships, which will be of interest to philosophers, social scientists, legal scholars, policy analysts, and all those who are interested in transitional justice, global politics, and democracy. (shrink)

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...) law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

In an effort to think through possible impossibilities, and enfold current problems within Catholicism into the luminous darkness of the cloud of the im/possible, this response to Catherine Keller's Cloud of the Impossible considers what might happen should Keller's cloud of mindful unknowing and nonseparable difference billow over and through one particular Catholic conundrum: how to respond to the terrifying reality of domestic violence in the context of a marriage defined as indissoluble, imperishable—inescapable.

This paper examines the establishment and enforcement of codes of conduct governing the use of Internet technology as a means of providing a basis of trust in the e‐business context. The discussion draws on the findings of a survey of 80 UK organisations, and considers the relationship between factors such as organisation size, type, use of IT, the length of time with an Internet connection and the use of a code of conduct, as well as the specific areas of Internet (...) technology covered by codes of conduct. The paper also investigates the extent of disciplinary cases associated with the misuse of Internet technology, as well as the ownership and responsibility for implementing codes of conduct. The survey results suggest that the use of codes of conduct varies significantly from organisation to organisation, and that those who initiate such codes are not those seen as being responsible for implementing them. The results also indicate that a growing number of employees are disciplined for misuse of facilities offered by Internet technology. (shrink)

Research on moral distress has paid limited attention to nurses’ responses and actions. In a survey of nurses’ perceptions of moral distress and ethical climate, 292 nurses answered three open-ended questions about situations that they considered morally distressing. Participants identified a range of situations as morally distressing, including witnessing unnecessary suffering, being forced to provide care that compromised values, and negative judgments about patients. They linked these situations to contextual constraints such as workload and described responses, including feeling incompetent and (...) distancing themselves from patients. Participants described considerable effort to effect change, calling into question the utility of defining moral distress as an “inability to act due to institutional constraints” or a “failure to pursue a right course of action.” Various understandings of moral distress operated, and action was integral to their responses. The findings suggest further conceptual work on moral distress and effort to support system-level change. (shrink)

In their article “Racial Justice Requires Ending the War on Drugs,” Earp, Lewis, and Hart argue for the end of our War on Drugs in order to alleviate our reliance on mass incarceration, harm...

This purpose of this qualitative study was to gather detailed information about student perceptions of self-plagiarism and the perceived effectiveness of a brief self-plagiarism video tutorial. Semi-structured interviews were conducted and health sciences doctoral students were queried regarding their knowledge and perceptions of self- plagiarism. The population for this study was new doctoral students, as well as students who had committed self-plagiarism during the semester. Overall, participants reported a specific self-plagiarism intervention was more helpful in preventing self- plagiarism than a (...) traditional plagiarism intervention and that the intervention should be included in initial program orientation. Overwhelmingly, students did not believe self- plagiarism was a serious academic offense and think they own their intellectual property and unpublished works. (shrink)

This edited collection recalls the events that led up to the Fitzgerald Inquiry and examines the extraordinary influence the ‘watershed' inquiry has had on police and public sector reform at the state, national and international levels.

Medieval thinkers were both puzzled and fascinated by the capacity of human beings to do what is morally wrong. In this book, Colleen McCluskey offers the first comprehensive examination of Thomas Aquinas' explanation for moral wrongdoing. Her discussion takes in Aquinas' theory of human nature and action, and his explanation of wrong action in terms of defects in human capacities including the intellect, the will, and the passions of the sensory appetite. She also looks at the notion of privation, (...) which underlies Aquinas' account of wrongdoing, as well as his theory of the vices, which intersects with his basic account. The result is a thorough exploration of Aquinas' psychology which is both accessible and illuminating, and will be of interest to a wide range of readers in Aquinas studies, medieval philosophy, the history of theology, and the history of ideas. (shrink)

While ethical quandaries and dilemmas are commonplace for nurses, recent advances in human genetics have and will continue to create new challenges and controversies. Throughout time, nursing has been an ethical endeavour, with nurses viewing the ethical mandates of their responsibilities on a par with other core dimensions of their professional life. The profession’s code of ethics, Code for nurses with interpretive statements, provides direction for practice and for the fulfilment of ethical obligations. The explication of these ethical norms and (...) values that shape professional practice is necessary as nurses confront the integration of genetic services into health care. The goal of preserving professional integrity and ethical soundness in the context of genetic health care mandates that nurses rely on and act upon the profession’s national and international codes of ethics. (shrink)

This paper seeks to examine the plausibility of the concept of ‘Civic Friendship’ as a philosophical model for a conceptualisation of ‘belonging’. Such a concept, would hold enormous interest for educators in enabling the identification of particular virtues, attitudes and values that would need to be taught and nurtured to enable the civic relationship to be passed on from generation to generation. I consider both of the standard arguments for civic friendship: that it can be understood within the Aristotelian typology (...) as either a form of utility friendship or as a form of virtue friendship. I argue that civic friendship may not be the most appropriate model and that attempts to resolve the problems through looking on it as a political metaphor leave it unable to fulfil the function for which it was originally designed in Ancient Greece. Finally, I emphasize the need to carefully consider which particular metaphors we choose for civic relationships and how we subsequently use them. (shrink)

Volume 20, Issue 7, July 2020, Page 185-187.

An important theme in the philosophy of education community in recent years has been the way in which philosophy can be brought to illuminate and evaluate research findings from the landscape of policy and practice. Undoubtedly, some of these practices can be based on spurious evidence, yet have mostly been left unchallenged in both philosophical and educational circles. One of the newer practices creeping into schools is that of ‘No best friend’ policies. In some schools, this is interpreted as suggesting (...) that children should not have just one best friend but a group of good friends. In others, it is interpreted as suggesting that children should forgo having best friends altogether and be friends with everyone. What is common to both is that friendship is seen as somehow ‘dangerous’. This article offers a preliminary examination of what has been referred to as this ‘dark side’ of friendship. Whilst philosophers such as Patricia White have previously alluded to its existence, there has been little philosophical scrutiny in any broad terms elsewhere. I examine three common arguments commonly used to justify ‘No best friends’ practices: that children can be friends with everyone; that young children are developmentally incapable of ‘real’ friendship hence best friendship should be avoided until later age; that only good people can be good friends. I indicate why this unreflective adoption of practices matters so much and why we should be prepared to challenge these cases. I identify practices that we have good evidence to support as making a positive difference in this area. (shrink)

In the previous four papers in this series, individual versus structural or contextual factors have informed various understandings of moral distress. In this final paper, we summarize some of the key tensions raised in previous papers and use these tensions as springboards to identify directions for action among practitioners, educators, researchers, policymakers and others. In particular, we recognize the need to more explicitly politicize the concept of moral distress in order to understand how such distress arises from competing values within (...) power dynamics across multiple interrelated contexts from interpersonal to international. We propose that the same socio-political values that tend to individualize and blame people for poor health without regard for social conditions in which health inequities proliferate, hold responsible, individualize and even blame health care providers for the problem of moral distress. Grounded in a critical theoretical perspective of context, definitions of moral distress are re-examined and refined. Finally, recommendations for action that emerge from a re-conceptualized understanding of moral distress are provided. (shrink)

Hegemonic masculinity, a framework where stereotypically masculine traits are over-emphasized, plays a central role in sport, partly due to an excessive focus on winning. This type of masculinity marginalizes those that do not possess specific traits, including many women and men. I argue sport reform focused on mitigating hypercompetitive attitudes can reduce this harmful and marginalizing hegemonic masculinity in sport. I make this argument first by challenging the dichotomous nature of sport, especially in recognizing that all outcomes are a blend (...) of winning and losing, that ties are relevant and informative outcomes to contests, and that winning and losing do not always tell accurate stories of the outcome. Secondly, I contend that expanding the potential outcomes in sport can help broaden the emphasis of competitive sport to take into account playing well and improving, in terms of both the test and the contest. I conclude that these reforms decrease hegemonic masculinity, making sport better for all. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 608-614, July 2022. In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to (...) justify injustice and atrocity such as ethnic cleansing. Shachar’s normative proposals do not sufficiently recognize or guard against this risk. (shrink)

In evidence-based medicine (EBM), methodology has become the central means of determining the quality of the evidence base. The “gold standard” method, the randomised, controlled trial (RCT), imbues medical research with an ethos of disinterestedness; yet, as this essay argues, the RCT is itself a rhetorically interested construct essential to medical-professional boundary work. Using the example of debates about methodology in EBM-oriented research on complementary and alternative medicine (CAM), practices not easily tested by RCTs, I frame the problem of method (...) as a fundamentally rhetorical problem, situated within a boundary drama, and deeply rooted in the discursive practices of science and medicine. The genre of the RCT report, for example, idealises the research process and can tilt the course of arguments about CAM, while the notion of efficacy can function as a rhetorically mobile boundary object that can redefine the very terms of debate. I suggest herein that arguments about method in CAM debates can productively be read, metonymically, as expressions of more general anxieties in medicine about knowledge and evidence, community values, and professional boundaries; as such, these debates can illuminate some of the rhetorical dimensions of EBM. (shrink)

Abstract Medical futility is commonly understood as treatment that would not provide for any meaningful benefit for the patient. While the medical facts will help to determine what is medically appropriate, it is often difficult for patients, families, surrogate decision-makers and healthcare providers to navigate these difficult situations. Often communication breaks down between those involved or reaches an impasse. This paper presents a set of practical strategies for dealing with cases of perceived medical futility at a major cancer center. Content (...) Type Journal Article Pages 1-8 DOI 10.1007/s10730-011-9168-3 Authors Colleen M. Gallagher, Section for Integrated Ethics in Cancer Care, Unit 1430, The University of Texas MD Anderson Cancer Center, P.O. Box 301402, Houston, TX 77230-1402, USA Ryan F. Holmes, St. Louis University, St. Louis, MO, USA Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737. (shrink)

This case study explored how a teacher, Mr. Smith, and his students experienced a mandated performance assessment while simultaneously preparing for an end of the year high-stakes, multiple-choice assessment. We employed qualitative research methods to examine how the teacher enacted a mandated performance assessment during a unit on Byzantium and how students described their learning and classroom experiences from the unit. Drawing on Grant's idea of ambitious teaching and learning of history and Ball's work on policy realization, analysis of these (...) data indicated that Mr. Smith interpreted and enacted a performance assessment in ways that differed from how district and state policy makers intended. Despite an assessment that the district designed to promote historical thinking skills, students learned primarily factual knowledge. (shrink)

The loss of friendship can be a frequent occurrence for children as they explore their social worlds and navigate their way through the demands of particular relationships. Given that friendship is a relationship of special regard, and associated with a particular partiality to our friends, the ending of friendship and the subsequent interactions between former friends, can be difficult areas for schools to deal with. Whilst there has been considerable research on the formation and maintenance of friendship, a consideration of (...) what happens after friendship has had surprisingly limited attention. Much of our current understanding of issues on moral behaviour fails to fully address the positioning of former friends in our moral thinking particularly as regards matters arising from the priority of attachment. Recent empirical research seems to indicate that the memory of prior encounters has a far greater influence on future reciprocal exchanges than previously accepted. This paper considers suggests that this view of memory can be played out in two contrasting ways. First, a prudential view suggests that as our former friends were previously given access to our intimate secrets and confidences, self-interest would seem to indicate that we treat them well. Secondly, a residual duties view suggests that some obligations remain after the friendship has ended based on the history of the relationship. Finally, I then draw out some of the implications this may have for schools and the education of children. (shrink)

Colleen Glenney Boggs puts animal representation at the center of the making of the liberal American subject. Concentrating on the formative and disruptive presence of animals in the writings of Frederick Douglass, Edgar Allan Poe, and Emily Dickinson, Boggs argues that animals are critical to the ways in which Americans enact their humanity and regulate subjects in the biopolitical state. Biopower, or a politics that extends its reach to life, thrives on the strategic ambivalence between who is considered human (...) and what is judged as animal. It generates a space of indeterminacy in which animal representations intervene to define and challenge the parameters of subjectivity. The renegotiation of the species line produces a tension that is never fully regulated. Therefore, as both figures of radical alterity and the embodiment of biopolitics, animals are simultaneously exceptional and exemplary to the biopolitical state. An original contribution to animal studies, American studies, critical race theory, and posthumanist inquiry, Boggs thrillingly reinterprets a long and highly contentious human-animal history. (shrink)

The aim of this article is to examine how markets enable companionship to be disconnected from the concept of friendship thus enabling an illusion of companionship without the demands of friendship. As friendship is a crucial early relationship for children, this is particularly germane to the world of education. It recognizes the previous lack of philosophical attention to the idea of companionship—a key factor in friendship—and that this omission contributes to a lack of clarity on a variety of issues. Starting (...) with a brief outline of companion friendship, the article examines the idea of the ‘intimate work’ of friendship within the market domain by considering three illustrative examples: firstly, rent-a-friend; secondly paid companionship; ending with companionate robots for children. It then concludes by contending that this is an important issue for children and their development and thus for education. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 491-533 [Access article in PDF] Worthy Constraints in Albertus Magnus's Theory of Action Colleen McCluskey Many medieval accounts of action focus upon the interaction between intellect and will in order to explain how human action comes about. What moves agents to act are their desires for certain goals, their deliberations about their goals, and what it will take to accomplish (...) those goals and satisfy their desires. Thus, many medieval philosophers explain human action by referring to the operations of intellect or reason, which accounts for the deliberative aspect, and the will, which accounts for the desiderative aspect. This is not to say that medieval accounts ignored other influences on action such as passions or sensory desires, but that they tended to focus on the intellect and the will. The account of action developed by Albert the Great early in his career is a notable variation on this basic model. 1 Albert examined the nature of action in a number of texts written over the course of his long career, including De homine, De anima, and his commentaries on the Sentences and Nicomachean Ethics. In De homine, which is an early work, he agrees that intellect and will play important roles in the execution of action, but he argues that both the performance of an action and its freedom involve a third capacity that he calls "liberum arbitrium." Albert modified his views of action significantly in his later works, but I shall argue that this early view retains something of philosophical interest and importance.In the medieval philosophical tradition of the Latin West, beginning with Augustine in the fourth and fifth centuries and continuing well into the thirteenth century, philosophers used the term "liberum arbitrium," often translated [End Page 491] as "free choice" or "free decision," as a technical term for that power or capacity in virtue of which human beings act freely. 2 In the first half of the thirteenth century, many philosophers identified liberum arbitrium either with the will, or with both intellect and will. In De homine, Albert insists that it is a separate capacity. According to his account, liberum arbitrium is the human capacity for choice and also helps to explain the freedom of those choices. Although Albert ultimately characterizes an act of choosing as an inclination in favor of a particular course of action, a certain cognitive ability plays an important role in his account. Part of what makes human freedom possible is the ability to judge secundum rationem honesti. Literally this phrase means "in accordance with the concept of what has worth." I shall argue that this capacity consists of the ability to evaluate choices in light of one's immediate, intermediate, or ultimate objectives and to forgo lesser goods for the sake of a greater good. It would appear that an ability of this sort is a function of the intellect, since judgments about how to accomplish one's goals and which goods are the better ones require the exercise of certain abstract cognitive skills. But Albert holds that the intellect is determined and concludes that while the intellect is a necessary condition for free action, the constraints placed upon it prevent it from contributing substantially to the freedom of an action. Since the ability to judge secundum rationem honesti plays an integral role in bringing about a free action, Albert cannot argue that this ability is a function of the intellect. Although the will has the requisite freedom, it is an appetitive capacity, not a cognitive one. Therefore, it too is unable to fulfill this role. Given these commitments, it would seem natural for Albert to locate this ability in an independent power.As natural as it may appear, this position is bound to strike many philosophers as implausible and unnecessary. One could argue that the constraints placed upon the intellect need not restrict it in any significant way. I do not plan to defend Albert's account against this objection. Rather, first, I shall [End Page 492] examine Albert's view of... (shrink)

Rosario, Argentina, a city of more than one million people strategically located on the Paraná River in the heart of a fertile agricultural region, is home to a significant industrial corridor where ongoing urbanization for industry, including that associated with the port complex and agroexport industries, vies for real estate space with peri-urban and urban farming production. The city is also the site of thriving municipal programs seeking to change food production and consumption outcomes through urban and peri-urban agriculture projects (...) rooted in agroecology. This paper identifies the socio-natures critical for the formation and endurance of these agroecology assemblages. Based on interviews with 30 stakeholders in government, civil society, and agricultural production, we describe the integrated approach to environmental, social, and economic sustainability embedded in Rosario’s institutional agroecology programs. In particular, we discuss the actors and strategies, discursive renderings of socio-natures, and the marketing of agroecological materialities that form and are formed by these assemblages. We also discuss the power dynamics embedded in sustaining urban and peri-urban agroecological projects through institutional means. This research contributes to literature on agroecology, urban agriculture, and the urban metabolism through providing empirical examples of socio-natural entanglements in urban agroecological assemblages. (shrink)