In 2015, the U.S. Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges. Although I concur that same-sex couples should have the right to marry if anyone does, I argue that civil marriage is an unjust institution. By examining the claims employed in the majority opinion, I expose the Court’s romanticized, patriarchal view of marriage. I critique four central claims: (1) that marriage is central to individual autonomy and liberty; (2) that civil marriage is uniquely valuable; (3) (...) that marriage “safeguards” children and families; and (4) that marriage is fundamental to civil society. (shrink)

What is at stake in the conversation over same-sex marriage is competing definitions of marriage. -/- One good argument for same-sex marriage depends on a definition that came to prominence after the sexual revolution. A different understanding of marriage was prominent in the nineteenth century, and this shows that Obergefell was wrongly decided, at least as far as Originalist understandings of law are concerned. -/- Accordingly, the nature, purpose, and function of marriage, and what people think of them, are important (...) for understanding the requirements of Constitutional law. -/- The teleology of marriage is a topic philosophers and theologians are well suited to study, and thus philosophy and theology have much to contribute to the study of law and to all the other disciplines interested in marriage. (shrink)

This completes what I think one may state and defend on physical grounds concerning the foundations of Astrology and the coming year 1602. If those learned in matters of Physics think them worthy of consideration, and communicate to me their objections to them, for the sake of eliciting the truth, I shall, if God grants me the skill, reply to them in my prognostication for the following year. I urge all who make a serious study of philosophy to engage in (...) this contest. For it concerns our worship of God and the welfare of the human race. Meanwhile, I pray from the depths of my soul, through Christ our mediator, that for all and for each the coming year may be a very happy one. (shrink)

The Human Tissue Act 2004 presents a radical change to the legal regulation of the use of human material in England and Wales. The Act presents a broad regulatory framework but much in the practical operation of the legislation will depend upon regulations to be enacted and a new Code of Practice. This article examines 'appropriate consent' for the use of human tissue for research purposes in the context of the living competent adult. It examines the provision of information as (...) part of the consent process for the use of human materials for research purposes, the question of when consent can be withdrawn, and the controversial exception enabling the use without consent of anonymized material for research purposes where the research has been ethically approved. The paper concludes by highlighting some of the problems which may remain after the legislation comes into force. (shrink)

Introduction: Variation across research ethics boards in conditions placed on access to medical records for research purposes raises concerns around negative impacts on research quality and on human subject protection, including privacy.Aim: To study variation in REB consent requirements for retrospective chart review and who may have access to the medical record for data abstraction.Methods: Thirty 90-min face-to-face interviews were conducted with REB chairs and administrators affiliated with faculties of medicine in Canadian universities, using structured questions around a case study (...) with open-ended responses. Interviews were recorded, transcribed and coded manually.Results: Fourteen sites required individual patient consent for the study to proceed as proposed. Three indicated that their response would depend on how potentially identifying variables would be managed. Eleven sites did not require consent. Two suggested a notification and opt-out process. Most stated that consent would be required if identifiable information was being abstracted from the record. Among those not requiring consent, there was substantial variation in recognising that the abstracted information could potentially indirectly re-identify individuals. Concern over access to medical records by an outside individual was also associated with requirement for consent. Eighteen sites required full committee review. Sixteen allowed an external research assistant to abstract information from the health record.Conclusions: Large variation was found across sites in the requirement for consent for research involving access to medical records. REBs need training in best practices for protecting privacy and confidentiality in health research. A forum for REB chairs to confidentially share concerns and decisions about specific studies could also reduce variation in decisions. (shrink)

The last half century has been characterized by a growth in the regulation of clinical research nationally and internationally. Each area of research on human subjects has been the subject of a vast academic literature and extensive public policy debate, from issues of informed consent to that of regulatory structures. Professor Bernard Dickens has provided an outstanding contribution to this debate internationally through his many innovative and incisive papers in this area. This paper provides an English lawyer’s perspective upon the (...) increasing regulation of clinical research practices and asks – does regulation equate with effective rights protection? From Nuremberg onwards, there has been concern to ensure that research practices are ethical and in accordance with legal principles. So, for example, there have been statements such as the Declaration of Helsinki, which was initially produced in 1964. In the European context in particular, notably influential statements have been the European Convention on Human Rights, which has been followed by the Council of Europe Convention on Human Rights and Biomedicine and, more recently, a Draft Additional Protocol on medical research. (shrink)

In Cratylus 385 b-c Plato argues that if statements () can be true or false, names (),2 as parts () of statements, are also capable of being true or false. From Aristotle onwards this view has often been challenged,3 and R. Robinson put the case against it trenchantly when he wrote:4 This argument is bad; for names have no truth-value, and the reason given for saying that they do is a fallacy of division. No one in the dialogue points out (...) that it is bad. … Nevertheless it is fairly probable that Plato saw or at least felt that it is a bad argument, quite different in quality from those he later produces against the nature-theory. (shrink)

In Cratylus 385 b-c Plato argues that if statements () can be true or false, names (),2 as parts () of statements, are also capable of being true or false. From Aristotle onwards this view has often been challenged,3 and R. Robinson put the case against it trenchantly when he wrote:4This argument is bad; for names have no truth-value, and the reason given for saying that they do is a fallacy of division. No one in the dialogue points out that (...) it is bad. … Nevertheless it is fairly probable that Plato saw or at least felt that it is a bad argument, quite different in quality from those he later produces against the nature-theory. (shrink)

This paper investigates the behavior of conformal fluctuations of space-time geometry that are admissible under the quantized version of Einstein's general relativity. The approach to quantum gravity is via path integrals. It is shown that considerable simplification results when only the conformal degrees of freedom are considered under this scheme, so much so that it is possible to write down a formal kernel in the most general case where the space-time contains arbitrary distributions of particles with no other interaction except (...) gravity. The behavior of this kernel near the classical space-time singularity then shows that quantum fluctuations inevitably diverge near the singularity. It is shown further that the root cause of this divergence lies in the fact that the Green's function for the conformally invariant scalar wave equation diverges at the singularity. The limitations on the validity of classical general relativity near the space-time singularity are discussed and it is argued that the notion of singularity itself needs to be radically modified once the quantum effects are taken into account. (shrink)

Smart Farming Technologies raise ethical issues associated with the increased corporatization and industrialization of the agricultural sector. We explore the concept of biomimicry to conceptualize smart farming technologies as ecological innovations which are embedded in and in accordance with the natural environment. Such a biomimetic approach of smart farming technologies takes advantage of its potential to mitigate climate change, while at the same time avoiding the ethical issues related to the industrialization of the agricultural sector. We explore six principles of (...) a natural concept of biomimicry and apply these principles in the context of smart farming technologies. (shrink)

A pure significance test would check the agreement of a statistical model with the observed data even when no alternative model was available. The paper proposes the use of a modified p -value to make such a test. The model will be rejected if something surprising is observed. It is shown that the relation between this measure of surprise and the surprise indices of Weaver and Good is similar to the relationship between a p -value, a corresponding odds-ratio, and a (...) logit or log-odds statistic. The s -value is always larger than the corresponding p -value, and is not uniformly distributed. Difficulties with the whole approach are discussed. (shrink)

The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...) of the threat of litigation equate with the reality of the prospect of liability? Although the NHS research governance framework suggests that primary responsibility for the conduct of the trial is with the researcher this does not mean that REC members will be immune from actions in tort where research subjects suffer harm in the conduct of a research project approved by their NHS REC. This paper focuses upon the prospect for liability in the law of tort of NHS RECs and their members. While in practice the vast majority of such claims are unlikely to be successful members of RECs may incur resultant legal costs as a consequence of involvement in proposed litigation. It is submitted that the scope of indemnity provision provided to RECs and their members should be precisely determined, otherwise there is a real prospect that the risk of malpractice litigation may deter individuals from serving on such committees. (shrink)