We commend the authors for their comprehensive discussion on consent and episiotomies.1 They correctly observe that informed consent for all proposed interventions in maternity care is always necessary. The claim that consent for maternity health services does not always have to be fully informed or explicit, however, is erroneous. We are especially concerned with, and surprised by, the endorsement of ‘opt-out consent’. ‘Opt-out consent’ (a.k.a. substitute decision making) is already standard practice in maternity healthcare, with obstetric violence a normalised response (...) to conclusive refusals or requests for explanations. Informed consent is based on the fundamental human rights to bodily autonomy and integrity, which healthcare providers are obliged to respect. Healthcare structured around human rights violations is not care. It is cruel and inhumane treatment—a violation of yet another fundamental human right—and a reflection of poor-quality care. To be valid, consent must always be informed, specific, timely, freely given and reversible. The provider must provide information specific to each and every proposed intervention in a timely manner. The consumer has the right to consider, freely accept or refuse before providers can act. They can also change their mind at any time. Provider attempts to substitute consumer decision-making rights constitute assault and battery. Whether the infraction was major or minor is of no consequence to human rights law. National courts create artificial …. (shrink)

W. B. Yeats’ poem “Politics” has as its epigraph Thomas Mann’s remark, “In our time the destiny of man presents its meaning in political terms.”1 Yeats chose the epigraph in 1938, just before World War II, for a poem proclaiming that sexuality holds his interest more than politics. This still may be true for poets, but by the looks of things, not for many contemporary critics, who, if they do not choose one over the other, subsume one under the other. (...) For them everything is political , which is to hold that everything is reduced to questions of power. So it is, in their eyes, with canons.The first canonization of note for western culture seems to have been that of the Hebrew Scriptures; and although there is much dispute about the whole matter of how that occurred, it is interesting to observe that in a 1971 book entitled The Shaping of Jewish History: A Radical New Interpretation Ellis Rivkin presents the development of that canon in political terms, arguing that production of the Hebrew Scriptures “was not primarily the work of scribes, scholars, or editors who sought out neglected traditions about wilderness experience, but of a class struggling to gain power.”2 In a very interesting article on this subject, Gerald L. Bruns observes that the lesson of this is that the concept of canon is not literary but a “category of power” . Rivkin himself decides, as Bruns remarks, to treat “the promulgation of canonical texts of the Scriptures, not according to literary criteria but according to power criteria” . Presumably it is this program that warrants Rivkin’s subtitle Radical New Interpretation. But what would the literary criteria that are opposed to power criteria here be? Are there any longer believers in the more than trivial existence of such criteria? Does the destiny of literature now present its meaning political terms? If there are no longer thought to be such things as literary criteria, is there, can there be, literature? We have heard answers in the negative to the last question; and the notion of canon has recently been addressed almost always in terms of politics and power, most notably, of course, but certainly not exclusively, by feminist and minority critics. The destiny of women’s writing has certainly presented its meaning in political terms. Hazard Adams is professor of English and comparative literature at the University of Washington. He has recently completed The Book of Yeats’ Poems and a collection of critical essays. (shrink)

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis (...) on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions. (shrink)

This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. Thus their approach (...) is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom", takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:At St. Isidore’s Franciscan College in Rome, the following maxim attributed to St. Patrick is inscribed above the door-way of the church: Si quae difficiles quaestiones in hac insula oriantur ad Sedem Apostolicam referantur; ut Christiani ita et Romani sitis.1 The college was founded in 1625 by Luke Wadding, O.F.M. and, under his direction, became a major seat of theological learning and political influence for the Irish in Rome.2 (...) In the nineteenth century, the Friars Minor of the Province of Ireland assigned many documents from St. Isidore’s for use in their Irish friaries. In 1872, amid the unrest caused by the Risorgimento, medieval and early-modern Irish Franciscan manuscripts were transferred to Dublin.3 At the Merchants’ Quay Convent, the librarians T.A. O’Reilly, O.F.M. and E.B. Fitzmaurice, O.F.M. divided the manuscripts into sections with alphabetically ordered shelf-marks.4 This practical approach followed the long-established system used at Italian libraries and archives in Franciscan custody.5 From 1947 until 2000, the manuscripts of the Irish Friars Minor were kept at the Franciscans’ Dún Mhuire House of Studies in Killiney, County Dublin, before their transfer to the Archives, University College Dublin.The ‘D’ collection is preserved in twenty-six sets of volumes, folders and boxed papers. The greater part consists of Luke Wadding’s correspondence, relating to his activities as theologian, historian, Irish agent in Rome and consultor to several congregations and commissions at the papal secretariat.6 In the 1920s, Paul Grosjean, S.J. included four manuscripts then housed at Merchants’ Quay in a catalogue of hagiographical works.7 Clement Schmitt, O.F.M. treated of a collection of the Franciscan documents kept in Dublin in 1964.8Letters to and from Luke Wadding are also preserved at the Vatican Library; the Archivo Generale at the General Curia of Friars Minor, Rome; the Biblioteca Landiana, Piacenza; the Biblioteca Nazionale, Naples; the Biblioteca Ambrosiana, Milan; the Archives of the Bollandists, Brussels; the Archives Générales de Royaume, Brussels; the Von Harrach Archive, Vienna; and the Franciscan friary of St. Jerome in Vienna.9Compared to some six hundred that Luke Wadding received, “the text of approximately one hundred of his letters, in whole or in part, has survived.”10 Nearly all Wadding’s extant correspondence dates from the three decades after the publication of his Acta legationis on the doctrine of the Immaculate Conception in 1624. Most of his letters were sent from St. Isidore, some from the friaries of Aracoeli and San Pietro in Montorio, Rome, and a few from Naples.11Luke Wadding was born in Waterford on October 16, 1588, the eleventh of fourteen children.12 He was baptized two days later on the Feast of St. Luke. His father Walter was a well-established Waterford merchant and his mother Anastasia a kinswoman of the prominent Lombard family of Waterford. After the death of his parents, Luke left Ireland with his elder brother, Matthew, who enrolled him at the Irish Jesuits’ College in Lisbon. At seventeen years of age, Wadding made his way to Matozinhos in northern Portugal, near Oporto, where he entered the Franciscan Order. On completion of his novitiate, Wadding’s superiors sent him to the University of Coimbra and from there, to Salamanca. At Easter 1613, Luke Wadding was ordained to the priesthood after his studies. He was then appointed as a professor of theology at the Franciscan College of León and later at his own alma mater, Salamanca.13Called to the Spanish capital, Luke Wadding stayed at the Convent of Jesus and Mary in the south-east of Madrid where “lived not only the heads of the Franciscan Order in Spain but also the principal preachers.”14 Such was the distinction Wadding achieved that he was chosen by Philip III for the office of theologian in the embassy sent to defend the doctrine of the Immaculate Conception in Rome.15 He lived there for almost forty years, in which time he founded St. Isidore Franciscan College, the.. (shrink)

The agroecological transition of agriculture not only requires changes in practices but also in ways of thinking and in their underlying values. Agroecology proposes broad scientific principles that need to be adapted to the singularities of each farm. This contextualization leads to the identification of agroecological practices that work locally and could serve as evidence-based practices to be transferred to local practitioners. This strategy was tested in a 4-year experiment conducted with dairy-sheep farmers in the South of France. The aim (...) was to collectively engage in the agroecological transition. Our work focused on the creation of a diagnostic tool that was used to analyze local farms and identify virtuous practices to be promoted locally as evidence-based practices. But this strategy came up against the complexity and singularity of the situations to be transformed: not only was no evidence found but the construction of the diagnostic tool itself led to controversy concerning the models of agriculture to be promoted. The experiment then took a pragmatic turn: on-farm workshops were organized to enable farmers to benefit from the professional judgment of peer farmers who were willing to help their colleagues accomplish their agroecological transition. The diagnostic tool, which was designed to be prescriptive, was then used to judge the social acceptability of solutions that made sense in each farmer’s own situation. Our experiment led us to conclude that managing the agro-ecological transition of farmers and their farming system is better conceived as a value-based process than as an evidence-based one. (shrink)

Agroecological transitions aim at developing sustainable farming and food systems, adapted to local contexts. Such transitions require the engagement of local actors and the consideration of their knowledge and reasoning as a whole, which encompasses different natures of knowledge (empirical, scientific, local, generic), related to different dimensions (economic, environmental, technical, social, political), as well as their values and perceived uncertainties. While these transitions are often problematized in relation to technical issues, this article's objective is to start from the way the (...) local actors consider these transitions in order to see what issues are actually involved. In this study, we analyzed the reasoning of diverse farming actors, including farmers and farm advisors. We conducted 30 cognitive mapping interviews, during which the local actors drew cognitive maps to explicit their reasoning concerning their agroecological transition with an open approach. Their reasoning revealed an emphasis on the human & social dimension of the process of agroecological transitions: (i) human and social considerations come first in the transition process, while technical solutions are viewed as secondary, (ii) use and development of human capacities, social interactions and human well-being are crucial to the conduct of agroecological transitions, (iii) human-scale farming appears as a condition for the use of human capacities, human well-being and rural development, (iv) agroecological transitions imply farming advisory transitions, and (v) rural development appears as a condition for agroecological transitions, implying transitions in society as a whole. (shrink)

The contributors to this volume address global, regional, and local landscapes, cosmopolitan and indigenous cultures, and human and more-than-human ecology as they work to reveal place-specific tensional dynamics. This unusual book, which covers a wide-ranging array of topics, coheres into a work that will be a valuable reference for scholars of geography and the philosophy of place.

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Solar radiation management (SRM) may help to reduce the negative outcomes of climate change by minimising or reversing global warming. However, many express the worry that SRM may pose a moral hazard, i.e., that information about SRM may lead to a reduction in climate change mitigation efforts. In this paper, we report a large-scale preregistered, money-incentivised, online experiment with a representative US sample (N = 2284). We compare actual behaviour (donations to climate change charities and clicks on climate change petition (...) links) as well as stated preferences (support for a carbon tax and self-reported intentions to reduce emissions) between participants who receive information about SRM with two control groups (a salience control that includes information about climate change generally and a content control that includes information about a different topic). Behavioural choices are made with an earned real-money endowment, and stated preference responses are incentivised via the Bayesian Truth Serum. We fail to find a significant impact of receiving information about SRM and, based on equivalence tests, we provide evidence in favour of the absence of a meaningfully large effect. Our results thus provide evidence for the claim that there is no detectable moral hazard with respect to SRM. [Open access]. (shrink)

I am tasked with addressing philosophical hazards in the neuroscientific study of religion. As a philosopher concerned with the well-being of neuroscientists studying religion, I am inclined to begin with the philosophical hazards of philosophy. I am well aware of the extraordinary difficulties of both tasks, for the hazards are many and it is easy to miss the forest for the trees or the trees for the forest. Instead of focusing on one issue in great detail, I (...) shall hang a number of warning signs around a forest of issues that identify various philosophical hazards which deserve particular caution when it comes to neuroscience and religion. Since I am aiming for breadth over depth, my brief remarks on each issue shall be synoptic, non-exhaustive, contentious and suggestive for additional consideration and reflection. To redress such deficits, I have provided references for further reading. (shrink)

There is a belief that exercise has a major role to play in the current health and wellbeing agendas. Consequently, health interventions are implemented based upon the recommendations of the ACSM and similar exercise research organizations. However this development has been challenged through both social and political perspectives. Specifically accusations of medicalization have been raised against the increasing relationship between the exercise and medical domains. The purpose of this article is to present a similar critique of the growing emergence of (...) a medical paradigm within the exercise domain. In this instance the focus will examine the relationship between exercise professional, exercise science and the proposed medical paradigm. Through the use of philosophical essay and systematic review of literature, it is argued that a continuing shift by exercise science to mirror the medical paradigm will cause a number of issues and potential hazards in the working practices of its professionals. (shrink)

본 논문의 목적은 사회적 문제 중 하나인 ‘도덕적 해이(moral hazard)’의 문제를 니체의 철학을 통해서 극복하고자 하는 것이다. 사전적 의미에서, 도덕적 해이란 자신에게 주어진 비대칭적인 정보를 이용하여 정보를 가지지 못한 측의 이익에 반하는 행동을 취하는 것, 즉 자신에게 주어진 역할에 최선의 의무를 도외시하거나 책임을 지지 않으려는 행위를 의미한다. 도덕적 해이가 윤리적으로 문제가 되는 이유는 관계 맺는 사람들 사이에서 이뤄지고 있는 약속을 통해서 서로에게 기대하고 있던 신뢰를 저버리고 있기 때문이다. 약속을 통한 신뢰는 곧 책임감의 문제이다. 결국 도덕적 해이는 힘의 차이와 무관하게 약속에 (...) 관련된 당사자들 사이에서 지켜져야 할 신뢰의 근거인 책임을 다하지 못하기 때문에 윤리적인 문제가 발생한다고 말할 수 있다. 본 논문은 니체의 철학적 사유를 통해서 도덕적 해이의 문제를 극복할 수 있는 하나의 가능성을 살펴볼 것이다. 우리는 니체 철학에서 강조하는 강자의 특징을 분석하여, 힘을 가진 강자의 삶을 살아가기 위해서는 무엇보다 자기 반성과 자기 극복이라는 두 가지 삶의 태도가 중요하다는 점, 그리고 이 두 가지 삶의 태도는 결국 자기 삶에 대한 책임 의식을 통해서 비로소 가능하다는 점을 이해함으로써, 힘을 가진 강자가 진정으로 취해야 할 태도를 설명할 수 있을 뿐 아니라, 도덕적 해이에서의 책임의 문제 역시도 극복될 수 있을 것이다. (shrink)