Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health (...) infrastructure for reproductive health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary situates Dobbs in the context of a long historical shift in public health that increasingly places burdens on individuals for their own reproductive health care, moving away from the possibility of a robust state public health infrastructure. (shrink)

The Supreme Court’s reversal of the right to abortion has significantly changed reproductive rights in the United States, and adversely affected the lives of potentially pregnant persons. The political fragility of the privacy right to abortion also raises questions about the practice and epistemic rules of American constitutionalism itself. In this essay, I situate the history of privacy under the Fourteenth Amendment’s due process clause in the tradition of legal reasoning. With Ludwig Wittgenstein’s On Certainty, I argue that the majority (...) in Dobbs v. Jackson (2022) departs from this tradition. The upshot of this departure is that we now have a new interpretive language game battling a long established language game of interpretation–battling, that is, a constitutional tradition–in a contest to redefine how disagreement is transacted among justices and between the people and their government. (shrink)

In this paper, I will examine the Supreme Court of the United States’ (SCOTUS) arguments in the majority decision in Dobbs v. Jackson Women’s Health Organization, and I will show how some of those arguments are flawed. Primarily, I will show that the right to bodily autonomy is a well-established right, both in the courts and in societal practices, and that the right to an abortion should be understood as an example of the right to bodily autonomy or (...) bodily integrity. Second, I will examine the justices’ arguments that viability is not a reasonable place to restrict abortion access, in contrast to both Roe v. Wade and Planned Parenthood v. Casey, and will offer arguments that defend viability as a valid point to limit abortion access. Third, I will highlight some politicians’ goals to enact a federal ban on abortion, and show how the attempt to pass Personhood Amendments is a pathway for doing so. The upshot of this essay to is show how the SCOTUS decision is flawed, and how granting personhood to “potential life” has consequences that extend beyond abortion access. (shrink)

With increasing influence of illiberalism, freedom should not be considered or interpreted lightly. Post-truth contexts provide grounds for alt-right movements to capture and pervert notions of freedom of speech, making universities battlefields of politicised emotions and expressions. In societies facing these pressures around the world, academic freedom has never been challenged as much as it is today. As Peters and colleagues note, conceptualisations of ‘facts’ and ‘evidences’ are politically, socially, and epistemically reconstructed in post-truth contexts. At the same time, with (...) intelligence commodified, reified or marginalised, freedom of speech and of mobility can entail fights for entitlements, or escapes from local responsibilities. The decline and corruptions of democratic free speech and academic freedom, or the absence of forces to defend them, are thus serious challenges. These challenges grow as the competition of ideas, sometimes under the rubric of academic freedom, often implies the power struggle and questioning of statuses in the so-called ‘marketplace of ideas’. Competition as a value invoked in some conceptualisations of freedom, becomes more important than human dignity, which was originally supposed to expand and strengthen under democratic conceptions of freedom in higher education. What had been happening to freedoms, of speech, teaching, and learning, across different subject positions and cultures of higher education, remains largely underexplored, as alt-right movements, neoliberalism and illiberalism, and post-truthism values and orientations expand. (shrink)

Bentham was an influential thinker with an ‘essentially practical mind’. His influence on British social and political reform, however, was indirect, coming largely after his death and largely through the work of his disciples. Bentham's own attempts to put his ideas directly into practice generally had little effect. He came closest to success in the area of penal policy, winning a contract from Pitt's government in the early 1790s to build and manage a penitentiary that was to be organized on (...) the panopticon principle. Bentham saw the penitentiary as the spearhead of prison reform and as a means of effecting a change from transportation to imprisonment as a punishment for serious crime. While Bentham's use of the panopticon principle itself has attracted most attention in the literature, there was more to his scheme than this. The penitentiary proposals were worked out in great detail, they were a conscious application of his theory of punishment, and they were consistent with and an element of his all-embracing plan of social, political, and constitutional reform. (shrink)

With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others (...) defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds. (shrink)