Combining the liberalism of Locke and the "civic humanism" of Republicanism, Mary Wollstonecraft explored the need of women for coed and equal education with men, economic independence whether married or not, and representation as citizens in the halls of government. In doing so, she foreshadowed and surpassed her much better known successor, John Stuart Mill. Ten feminist scholars prominent in the fields of political philosophy, constitutional and international law, rhetoric, literature, and psychology argue here that Wollstonecraft, by reason of (...) the scope and complexity of her thought, belongs in the "canon" of political philosophers along with Rousseau and Burke, her contemporaries, both of whom she strenuously engaged in political debate. These essays explore the many aspects of her thought that resound so tellingly to the modern woman, including her groundbreaking attempt to be completely self-sufficient. The final bibliographical essay outlines the changing interpretations of Wollstonecraft's work over the past two hundred years and evaluates her standing among political theorists today. Contributors are Maria J. Falco, Penny A. Weiss, Virginia Sapiro, Virginia L. Muller, Wendy Gunther-Canada, Carol H. Poston, Miriam Brody, Moira Ferguson, Louise Byer Miller, and Dorothy McBride Stetson. (shrink)

Hate speech is one of the most important conceptual categories in anti‐oppression politics today; a great deal of energy and political will is devoted to identifying, characterizing, contesting, and penalizing hate speech. However, despite the increasing inclusion of gender identity as a socially salient trait, antipatriarchal politics has largely been absent within this body of scholarship. Figuring out how to properly situate patriarchy‐enforcing speech within the category of hate speech is therefore an important politico‐philosophical project. My aim in this article (...) is twofold: first, I argue that sexist speech, though oppressive, is not hate speech. Second, I argue that misogynistic speech is hate speech, even when it is intradivisional. This is important because recognizing that the concepthate speechapplies to certain forms of patriarchy‐enforcing speech is another step in clarifying what is wrong with the practice, and how bad it is in relation to other abuses. Consequently, this article provides a more nuanced account of the kinds of expressions that can and should count as instances of hate speech. (shrink)

ABSTRACT In this commentary I evaluate what McGowan’s project would conclude with respect to the treatment of professional Australian Football League player Adam Goodes, who was incessantly ‘booed’ by crowds for the final two years of his career. Analysing Goodes’ case in light of McGowan’s argument leads me to two observations. First, McGowan’s norm-enactment approach is incredibly useful because it explains how words like ‘boo’ (with unstable meaning) can constitute actionable discrimination. Second, however, I wonder if a narrow focus on (...) whether such speech is legally actionable might encourage an overestimation of the power of laws to shepherd new g-norms into social practices. (shrink)

Cet ouvrage s'inscrit dans le fil du travail collectif entrepris en 1995, l'Histoire de la pensée médicale en Occident (trois volumes sous la direction de Mirko D Grmek, Seuil, 1995, 1997, 1999). Il rend compte du déploiement des recherches pluridisciplinaires et transdisciplinaires de la pensée médicale et aborde les discussions et controverses actuelles sur les politiques de santé. Du fait du développement des connaissances théoriques et des innovations techniques, la notion même de soin, sous ses aspects sociaux, économiques, mais aussi (...) épistémiques, se trouve questionnée. La pensée médicale ne saurait se limiter aux données biologiques, et ses composantes spécifiquement humaines et sociales sont explorées et interrogées ici dans une perspective historique qui tient compte des découvertes du dernier siècle. (shrink)

A brief introduction to the problem of other minds and knowledge of the world outside our own minds.

Pet-directed speech (PDS) is often produced by humans when addressing dogs. Similar to infant-directed speech, PDS is marked by a relatively higher and more modulated fundamental frequency (f 0) than is adult-directed speech. We tested the prediction that increasing eye size in dogs, one facial feature of neoteny (juvenilisation), would elicit exaggerated prosodic qualities or pet-directed speech. We experimentally manipulated eye size in photographs of twelve dog breeds by −15%, +15% and +30%. We first showed that dogs with larger eyes (...) were indeed perceived as younger. We then recorded men and women speaking towards these photographs, who also rated these images for cuteness. Linear mixed-effects models demonstrated that increasing eye size by 15% significantly increased pitch range (f 0 range) and variability (f 0CV) among women only. Cuteness ratings did not vary with eye size, due to a possible ceiling effect across eye sizes. Our results offer preliminary evidence that large eyes can elicit pet-directed speech and suggest that PDS may be modulated by perceived juvenility rather than cuteness. We discuss these findings in the context of inter-species vocal communication. (shrink)

In recent years, autopoietic enactivism has been used to address persistent conceptual problems in psychiatry, such as the problem of demarcating disorder, that other models thus far have failed to overcome. There appear to be three main enactive accounts of psychopathology with subtle, although not incompatible, differences: Maiesecharacterizes disorder as distinct disruptions in autonomy and agency; Nielsen characterizes disorder as behaviors that relevantly conflict with the functional norms of an individual; De Haan emphasizes patterns of disordered sense-making, that are transformed (...) through the existential dimension. Given that these accounts are intended to provide not only an ontologically richer account of psychopathology but also reduce the stigma experienced by individuals with mental disorders by accounting for lived experience, a critical analysis of these approaches is needed. I will provide a problematization of enactive accounts of mental disorder, showing that this particular framework does not, as it stands, necessarily reduce the harm and suffering experienced by individuals with mental disorder because of its ontological openness; enactivism leaves much to be interpreted and applied by the clinician (or patient) such that practical and ethical problems in its use arise. (shrink)

In 1998 a long-lost proposal for an election law by Gottlob Frege (1848–1925) was rediscovered in the _Thüringer Universitäts- und Landesbibliothek_ in Jena, Germany. The method that Frege proposed for the election of representatives of a constituency features a remarkable concern for the representation of minorities. Its core idea is that votes cast for unelected candidates are carried over to the next election, while elected candidates incur a cost of winning. We prove that this sensitivity to past elections guarantees a (...) proportional representation of political opinions in the long run. We find that through a slight modification of Frege’s original method even stronger proportionality guarantees can be achieved. This modified version of Frege’s method also provides a novel solution to the apportionment problem, which is distinct from all of the best-known apportionment methods, while still possessing noteworthy proportionality properties. (shrink)

Offering a unique and wide-ranging examination of the theory of knowledge, the new edition of this comprehensive collection deftly blends readings from the foremost classical sources with the work of important contemporary philosophical thinkers. Human Knowledge: Classical and Contemporary Approaches, 3/e, offers philosophical examinations of epistemology from ancient Greek and Roman philosophy (Plato, Aristotle, Sextus Empiricus); medieval philosophy (Augustine, Aquinas); early modern philosophy (Descartes, Locke, Leibniz, Berkeley, Hume, Reid, Kant); classical pragmatism and Anglo-American empiricism (James, Russell, Ayer, Lewis, Carnap, (...) Quine, Rorty); and other influential Anglo-American philosophers (Chisholm, Kripke, Moore, Wittgenstein, Strawson, Putnam). Organized chronologically and thematically, Human Knowledge, 3/e, features exceptionally broad coverage and nontechnical selections that are easily accessible to students. An ideal text for both undergraduate and graduate courses in epistemology, it is enhanced by the editors' substantial general introduction, section overviews, and up-to-date bibliographies. The third edition offers expanded selections on contemporary epistemology and adds selections by Thomas Reid, Richard Rorty, David B. Annis, Richard Feldman and Earl Conee, Ernest Sosa, Barry Stroud, and Louise M. Antony. Human Knowledge, 3/e, offers an unparalleled introduction to our ancient struggle to understand our own intellectual experience. (shrink)

This paper develops an account of the normative basis of priority setting in health care as combining the values which a given society holds for the common good of its members, with the universal provided by a principle of common humanity. We discuss national differences in health basket in Europe and argue that health care decision-making in complex social and moral frameworks is best thought of as anchored in such a principle by drawing on the philosophy of need. We show (...) that health care needs are ethically ‘thick’ needs whose psychological and social construction can best be understood in terms of David Wiggins’s notion of vital need: a person’s need is vital when failure to meet it leads to their harm and suffering. The moral dimension of priority setting which operates across different societies’ health care systems is located in the demands both of and on any society to avoid harm to its members. (shrink)

From a cultural-historical perspective, the impairments of a child with a condition like cerebral palsy have biological origins, but the disability evolves from the mismatch between the child and his/her social conditions for development. One example of this dialectical production of disability can be seen in the challenge of the 21st-century welfare state: How to provide economically feasible health and educational services anchored in evidence-based methods and practices. Standardized social service pathways for children with CP illustrates an attempt to address (...) this challenge and moderate the mismatch by acting in the intersection between impairment and society. The aim of the article is to analyze challenges in the practice of connecting research and practice-based knowledge with societal practices in order to diminish the disability of the child. A multidisciplinary group assembled by the Danish National Board of Social Services engaged in a practice of developing a guideline for a social service pathway. Agendas and minutes from their series of meetings provide insight in how the work evolved through conflictual discussions. Rather than a neutral transformation of knowledge into practice, the practice revealed itself as a value-laden process in which the needs of the child and family were at times decentred and the focus shifted to how social services could be realised in complex, structured social practices. While the group managed to overcome several conflicts and agree of a social service pathway, a socio-economic analysis was unable to argue for the comprehensive social service pathway as an economic sound choice for municipal decision-makers. The conflict between the welfare ideology and economic feasibility remains unresolved and can be expected to limit the extent that impairments can be remedied and the mismatch decreased. Overcoming or diminishing the mismatch might never become economic worthwhile. As the political pendulum oscillates between welfare and economic concerns, the experience of disability will likewise diminish or expand. (shrink)

Season 4 episode of Supernatural, “It's a Terrible Life”, is a demonstration of an overarching Marxist theme in the series: the American dream is impossible, because we are alienated and disconnected from our labor through capitalism. The alternate world in “It's a Terrible Life” not only typifies the broader world of the Winchesters in Supernatural but also highlights the fact that the Winchesters' lives mirror in horrific manner a terrible life we're all trapped in. “It's a Terrible Life” accurately demonstrates (...) that as long as a system exists wherein the workers are not the owners of the means of production, laboring for its own sake is merely an illusion. (shrink)

Language and Materiality integrates linguistic anthropological and sociolinguistic scholarship on a range of topics: semiotic approaches to language, language commodification, sound, embodiment, mediatization, and aesthetics. Empirically rigorous, the volume engages scholars and students interested in language, its use, and meanings. It consists of three sections - 'Texts, Objects, Mediality', 'Sound, Aesthetics, Embodiment', and 'Time, Place, Circulation' - containing chapters and short commentaries, framed by a curated conversation about semiotics and materiality in anthropology. Each section theorizes intersections, connections, and relationships between (...) language and materiality across diverse topics and ethnographic contexts. The volume shows that materiality may be approached as a feature of political economy, sensual experience, aesthetics, and affective relationships in its relation to language as talk, register, genre, ideology, and acoustic object. It consists of new perspectives on materiality as a vital dimension of social life and signification in global capitalism, connecting inquiries on subjects as diverse as food, media, fonts, and music. (shrink)

In this paper, I argue that the Hindmarsh and Wik cases stand as crucial case studies that evidence the ongoing production of terra nullius within contemporary Australian contexts. They bring into focus the critical importance the signifiers of property, capitalist ‘productivity’ and legality within the settler-colonial state. Alongside notions of ‘civility,’ discourses surrounding ‘economic productivity’ and ‘equality before the law’ are consistently mobilised in these cases to assert white sovereignty. In contradistinction to the discourses that construct Indigenous people’s relation to (...) land as a singular and affective ‘affinity,’ media, political and legal texts script white Australian land uses such as farming and mining as ‘productive’ and necessary for economic prosperity. They are posited with ‘monetary’ output and juridical standing in order to produce the narrative that the continent was lawfully ‘settled’ by ‘illustrious’ white Australians. Moreover, these signifiers ramify within colonial law. Following these cases, the state amended the Aboriginal and Torres Straight Islander Heritage Protection Act 1984 and the Native Title Act 1993 respectively. They ensured the material construction of the Hindmarsh Island Bridge and the revocation of specific Indigenous land rights in order to sustain the settler-colonial state’s claims to sovereignty. (shrink)

Setting aside what might seem to be an overly pious and self-congratulatory tone in the above quotation, we are left with Aristotle’s expression of a sense of wonder and curiosity with regard to the human mind. Many things are worthy of investigation, but our own intellectual nature holds a special place, and this, urges Aristotle, is not simply narcissism. We are interesting. This volume seeks to celebrate and emulate Aristotle’s enthusiasm and sense of reverence, while recognizing, perhaps to an even (...) greater extent than did Aristotle, that we are a part of the natural world. (shrink)

Setting aside what might seem to be an overly pious and self-congratulatory tone in the above quotation, we are left with Aristotle’s expression of a sense of wonder and curiosity with regard to the human mind. Many things are worthy of investigation, but our own intellectual nature holds a special place, and this, urges Aristotle, is not simply narcissism. We are interesting. This volume seeks to celebrate and emulate Aristotle’s enthusiasm and sense of reverence, while recognizing, perhaps to an even (...) greater extent than did Aristotle, that we are a part of the natural world. (shrink)

In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor to medicine. (...) Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions. (shrink)

Empirical research in the field of moral cognition is increasingly being used to draw conclusions in philosophical moral psychology, in particular regarding sentimentalist and rationalist accounts of moral judgment. This paper calls for a reassessment of both the empirical and philosophical conclusions being drawn from the moral cognition research. It is proposed that moral decision making is best understood as a species of Kahneman and Frederick's dual-process model of decision making. According to this model, emotional intuition-generating processes and reflective processes (...) operate in an integrated way in moral deliberation, and metacognition is assigned an essential role in the monitoring and shaping of moral intuitions. In combination with observations from philosophical moral psychology, this proposal cautions against endorsing simple sentimentalism or rejecting rationalist accounts on the basis of the moral cognition research. (shrink)

According to the principle of patient autonomy, patients have the right to be self-determining in decisions about their own medical care, which includes the right to refuse treatment. However, a treatment refusal may legitimately be overridden in cases where the decision is judged to be incompetent. It has recently been proposed that in assessments of competence, attention should be paid to the evaluative judgments that guide patients' treatment decisions.In this paper I examine this claim in light of theories of practical (...) rationality, focusing on the difficult case of an anorexic person who is judged to be competent and refuses treatment, thereby putting themselves at risk of serious harm. I argue that the standard criteria for competence assess whether a treatment decision satisfies the goals of practical decision-making, and that this same criterion can be applied to a patient's decision-guiding commitments. As a consequence I propose that a particular understanding of practical rationality offers a theoretical framework for justifying involuntary treatment in the anorexia case. (shrink)

This article marks a decisive step towards the recovery of the French woman writer, journalist, and aviation pioneer Louise Faure-Favier, who today is virtually forgotten. The article begins by sit...

In lieu of an abstract, here is a brief excerpt of the content:Imaginary Interview*Jillian WeiseQ:Are you disabled?A:It depends. I need context.Q:Are you rendered incapable?A:I am awake and sober.Q:Are you limited by parts of the body?A:My arms are not wings.Q:Are you entitled to certain rights?A:Yes, I am disabled.Q:The U.S. Government disagrees.A:You read the letter?Q:“Due to the subject’s advanced education, the subject is no longer disabled.”1A:It was a love letter. They could have written it better. I would’ve preferred something with a (...) little more feeling, such as: “Dear Jillian: We are breaking up. We saw you outside the building with the statue of the lion. We saw you trespass through the halls and take from the shelves a number of hardbacks and take from the woman with glasses her suggestions. You have been made too erudite, too learned. If you want to protest, if you want to continue our relationship, then un–educate yourself. It would be helpful if you worked at a factory or could not find work. It would be helpful for something inside you to hurt.”Q:You seem bothered by the letter from the government.A:No more bothered, I guess, than if the government sent a letter rescinding my name.Q:The name disability is important to you then?A:It is important. It is very, very important. No, it is not important. I hardly think of it. It vexes me and I need it and I should not say it that often. Today, for example, I said: You must not use the word disability too much in this interview. After all, you do not like the word, and you have named yourself cyborg, so there is no reason to use the word you already rejected. After that thought came the voice of the Director, who said, “When you use the word disability, people think accommodations, people think favors. Best not to use it.” And after that came the voice of a writing mentor: “I just don’t like the word disabled in this piece. Is there a way to write the piece without using the word?”Q:What is disability like?A:It is like crowding under an umbrella, except your head sticks out, and your hair gets wet, and there are no cabs. Plus, this is somebody else’s umbrella.Q:Respond to this symbol.A:That is where I park my car.Q:What do you have?A:I do not know. The doctors named the condition. They gave it a three–word, nine syllable Latin name. Now I go to other doctors and they say, “What do you have?” and I say the Latin name, and they say, “What?” and I repeat the name, and they say, “How do you spell it?” Also—and I think this is important—the prognosis for the condition reads, “No reported cases have survived past the age of two.” Therefore, I am either dead with the condition. Or I am alive with a different one. Or the medical dictionary is fiction.Q:What is the condition?A:I am a cyborg.Q:When did you begin calling yourself a cyborg?A:Rephrase the question. [End Page 219]Q:When did you become a cyborg?A:2007.Q:Where?A:I cannot say the name of the office. The prosthetist posted a photo of me online, and in the photo I am not wearing any pants. I am wearing the cyborg leg for the first time and without any pants. I am so embarrassed. I do not want you to find the photo online. This is before we knew each other. This is before we knew what we meant to each other.Q:I have to tell you: when I first saw you, I thought, “She looks like a woman who could be taken advantage of online.”A:Yes, that is the problem with having it physical. When it is physical, people make all kinds of assumptions. She needs help. She is lop–sided. She must be so, so sad. I thought of another definition: looked at, done to, and dissed... (shrink)

Background:Human health is dependent upon environmental sustainability. Many have argued that environmental sustainability advocacy and environmentally responsible healthcare practice are imperative healthcare actions.Research questions:What are the key obstacles to healthcare professionals supporting environmental sustainability? How may these obstacles be overcome?Research design:Data-driven thematic qualitative analysis of semi-structured interviews identified common and pertinent themes, and differences between specific healthcare disciplines.Participants:A total of 64 healthcare professionals and academics from all states and territories of Australia, and multiple healthcare disciplines were recruited.Ethical considerations:Institutional ethics approval (...) was obtained for data collection. Participants gave informed consent. All data were de-identified to protect participant anonymity.Findings:Qualitative analysis indicated that Australian healthcare professionals often take more action in their personal than professional lives to protect the environment, particularly those with strong professional identities. The healthcare sector’s focus on economic rationalism was a substantial barrier to environmentally responsible behaviour. Professionals also feared conflict and professional ostracism, and often did not feel qualified to take action. This led to healthcare professionals making inconsistent moral judgements, and feeling silenced and powerless. Constraints on non-clinical employees within and beyond the sector exacerbated these difficulties.Discussion:The findings are consistent with the literature reporting that organisational constraints, and strong social identification, can inhibit actions that align with personal values. This disparity can cause moral distress and residue, leading to feelings of powerlessness, resulting in less ethical behaviour.Conclusion:The data highlight a disparity between personal and professional actions to address environmental sustainability. Given the constraints Australian healthcare professionals encounter, they are unlikely to shift to environmentally responsible practice without support from institutions and professional associations. Professional development is required to support this endeavour. The poor transference of pro-ecological behaviour from one setting to another is likely to have international implications for healthcare practice. (shrink)

The Convention on the Rights of Persons with Disabilities is increasingly seen as driving a paradigm shift in mental health law, particularly in relation to the understanding that it requires a shift from substituted to supported decisions. This article identifies two competing moral commitments implied by this shift, both of which appeal to the notion of autonomy. It is argued that because of these commitments the Convention is in tension with more general calls in the medical ethics literature for preserving (...) patient autonomy through support. The competing commitments within the Convention also present a particular challenge in putting the support it requires into practice. A discursive control account of freedom is used to develop some practical guidelines for navigating this new moral territory. (shrink)

Can we change our logic and if so how? In ‘The Question of Logic’ (this volume), Saul Kripke takes a certain message about this from Lewis Carroll’s famous pape.

In lieu of an abstract, here is a brief excerpt of the content:Hard on Everything but the BodyJillian GuizzottiIn the fall of 2011, my first year of college, I took a course on Asian religions at Alfred University. I became interested in different kinds of religions, especially Buddhism. I was lucky that the professor who taught Asian religions also offered an introductory class on Buddhism the following semester. It was an upper-level course, generally not open to first-year students, but the (...) instructor let me enroll. The class met twice a week for two hours. At first it did not seem different in any way from my other classes, but during the second half of the semester, we spent fifteen to twenty minutes at the beginning of every class in meditation.Before I came to college, I believed I had decent reasoning and interpretive skills; intellectually I knew I could go toe-to-toe with alien concepts and master them. But I had heard from my sister and my two eldest cousins that college was a different world from high school; I should expect my perceptions to change. Every time I was told something like this I shrugged it off. The suggestion that a class could affect my core beliefs seemed far-fetched. I did not think college would change me that much, but the Buddhism course and the meditation practice affected me in ways I did not expect: academically, spiritually, and emotionally. The process was gradual. By the end of the spring semester, there were big dents in my usual ways of thinking about the world and about myself.Buddhism is a complex religion and some of its core ideas, such as the nature of human suffering, are not so easy to explain. Unlike other classes where I learn in traditional academic ways, meditation gave me an opportunity to understand Buddhism in new ways, more challenging and personal ways. After it was incorporated into the class, everything developed more color: things I thought I knew no longer seemed so black and white. I stopped feeling that tests and homework were the most important things about my classes; what matters is what I learn. And what I learn depends on me.Unlike a straightforward academic class, in which I usually regurgitate what I read in books and hear in lectures, meditation caused me to focus on myself. I have not had a class before or since that has seeped into my life outside the classroom so much. (How often can people say that a class they took comes back to haunt them, in a good way?) None of my other classes has made me think so hard, either. I felt as though I was problem solving on a whole new level. [End Page 115]Because I was a first-year student and most of the other students were juniors and seniors, in the beginning I felt as though I was barely holding on to everyone else’s coattails; they seemed to be grasping the material so much better. Reviewing the text only helped a little. I needed something to “click” so I could understand Buddhism better. I did not see how meditation could help anyone, however. I just saw it as a time to sit still and collect swarming thoughts. I did not get how it was supposed to advance anyone along their “path.” I doubted it would help me learn anything about Buddhism, let alone help me pass the course. Although I was wary, I was willing to try. After I did experience it for myself, the lessons became more comprehensible, because I could relate them to my own life and experiences. This made the class feel less stressful as well.After about a week of doing meditation, a few friends asked me how it felt. I told them it felt very foreign to go to class and sit in front of a white wall for fifteen to twenty minutes and count my breaths. It was very different from immediately taking out paper and pen and starting to take notes. Sitting for those minutes was sometimes rather fun, relaxing. It made me want to go to class more because I had something to look forward to. I told... (shrink)

Structural changes in the agriculture and food system have resulted in larger but fewer farms, while increasing populations in urban areas have pushed development into rural areas. Despite these changes, little research has examined the concern of individuals with regards to loss of farmland and how this may vary based on geography. Building on Bell’s argument that the rural–urban continuum still exists and remains an important part of rural residents’ identity, in this article we examine residents’ concern over loss of (...) farmland as a result of urban growth. We pay particularly close attention to urban–rural differences over concern with loss of farmland. Utilizing survey data collected from over 400 households in the Treasure Valley, a region of the western United States, our results indicate that rural residents show greater levels of concern with farmland loss when compared to their urban counterparts. (shrink)

In this volume leading researchers present new work on the semantics and pragmatics of adjectives and adverbs, and their interfaces with syntax. Its concerns include the semantics of gradability; the relationship between adjectival scales and verbal aspect; the relationship between meaning and the positions of adjectives and adverbs in nominal and verbal projections; and the fine-grained semantics of different subclasses of adverbs and adverbs. Its goals are to provide a comprehensive vision of the linguistically significant structural and interpretive properties of (...) adjectives and adverbs, to highlight the similarities between these two categories, and to signal the importance of a careful and detailed integration of lexical and compositional semantics. The editors open the book with an overview of current research before introducing and contextualizing the remaining chapters. The work is aimed at scholars and advanced students of syntax, semantics, formal pragmatics, and discourse. It will also appeal to researchers in philosophy, psycholinguistics, and language acquisition interested in the syntax and semantics of adjectives and adverbs. (shrink)

In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor to medicine. (...) Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...) setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal contexts are (...) importantly different—one involves a ‘cognitive’ test, while the other includes an explicit impaired-control limb—and the comparison provides insight into a longstanding debate about the virtues of one type of test over the other. It is shown that both kinds of test can take control problems into account, but also that both can be interpreted in narrow and wide ways that significantly influence the outcome of the assessment. It is therefore argued that to a large extent, it is not the kind of mental incapacity test that matters, but how the test is interpreted. It is further proposed that value judgements are playing an unrecognised and inappropriate role in shaping this interpretation. This raises concerns about the current approach to assessing the impact of alcohol dependency on the capacity to make decisions about alcohol use or treatment, as well as broader concerns about flexibility within incapacity tests. (shrink)