The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention.This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and (...) the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control. (shrink)

A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...) legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

People’s concept of free will is often assumed to be incompatible with the deterministic, scientific model of the universe. Indeed, many scholars treat the folk concept of free will as assuming a special form of nondeterministic causation, possibly the notion of uncaused causes. However, little work to date has directly probed individuals’ beliefs about what it means to have free will. The present studies sought to reconstruct this folk concept of free will by asking people to define the concept (Study (...) 1) and by confronting them with a neuroscientific claim that free will is an illusion (Study 2), which invited them to either reconcile or contrast free will with determinism. The results suggest that the core of people’s concept of free will is a choice that fulfills one’s desires and is free from internal or external constraints. No evidence was found for metaphysical assumptions about dualism or indeterminism. (shrink)

Moral judgments about an agent's behavior are enmeshed with inferences about the agent's mind. Folk psychology—the system that enables such inferences—therefore lies at the heart of moral judgment. We examine three related folk-psychological concepts that together shape people's judgments of blame: intentionality, choice, and free will. We discuss people's understanding and use of these concepts, address recent findings that challenge the autonomous role of these concepts in moral judgment, and conclude that choice is the fundamental concept of the three, defining (...) the core of folk psychology in moral judgment. (shrink)

Randomized experiments, as developed by Esther Duflo and Abhijit Banerjee at the Abdul Latif Jameel Poverty Action Lab, offer a novel, evidence-based approach to fighting poverty. This approach is original, in that it imports the methodology of clinical trials for application in development economics. This paper examines the analogy between J-PAL’s field experiments in development economics and randomized controlled trials in medicine. RCTs and randomized field experiments are commonly treated as identical, but such treatment neglects some of the major distinguishing (...) features that make each experiment specifically apt for use in its respective field. The central claim of this paper is that the analogy between medicine and development economics is incomplete because the central dimensions of RCTs are not simply different but altogether lacking in J-PAL’s approach. This weakens both the political and the theoretical power of such experiments in development economics. (shrink)

This paper explores the reasons why women who are themselves fertile might consent to undergo in vitro fertilization (IVF) with an infertile male partner. The reasons often given are desire to have that particular man's child, or altruism, giving a gift to the partner. Although ethically, the decision should be completely woman's prerogative, because IVF programs usually treat the couple as a unit, she may be offered few other options by the medical staff. In social terms, whether the woman is (...) or is not infertile may be immaterial because in either situation, if she wants to try to have a biological child and maintain the relationship, she may have to make a patriarchal bargain and undergo in vitro fertilization. (shrink)

In 1997, the American Academy of Pediatrics issued a policy statement strongly supporting the physiological benefits conferred by human milk. It recommended that infants be breastfed for 12 months and called for employers to support breastfeeding. The following year, federal legislation was formulated to facilitate breastfeeding among women in paid work. Although both these events represented significant developments in the U.S. context, they nevertheless posed potential gender equity concerns. This article explores the National Organization for Women's response to these developments. (...) In doing so, it also examines the way in which the issue of breastfeeding and women's labor market involvement was addressed in equal-treatment/special-treatment debates in the previous decade. The article concludes by arguing that “equality and difference” discussions need to be extended to provide a new theoretical and practical framework for achieving equity in the workplace that would also accommodate the needs of women who wish to breastfeed or to express/pump breast milk. (shrink)

Business Ethics and medical ethics are in principle compatible: In particular, the tools of business ethics can be useful to those doing healthcare ethics. Health care could be conducted as a business and maintain its moral core.

Moral distress is the sense that one must do, or cooperate in, what is wrong. It is paradigmatically faced by nurses, but it is almost a universal occupational hazard.

As feminist theory explicates its fundamental principles – justice for the oppressed – it can lose its essential focus on the situation of women. One example is the inattention to nurses within feminist bioethics. Nurses deserve attention because most are women, but also because their lack of power is paradigmatic of patriarchy. Those examining ethics consultations should discuss whether nurses are allowed to request them. But feminists also need to imagine ways in which nurses can be heard when, for instance, (...) their worklives are “redesigned.” Doing so would also allow attention to other classes of the disempowered. (shrink)

This essay considers the question of conversion unto repentance, as an act of cognition and volition, by the separated soul in the post‐mortem state. It primarily explicates and interrogates Thomas Aquinas's various attempts to rule out this possibility for the damned. Since Thomas's arguments for such impossibility feature his commitment to the radical immateriality of the human soul—and, like it, the angelic spirit—the essay highlights the ontological and moral tensions within that account. The case is thus made for the ontological, (...) logical, and moral inconsistencies of his position, in pursuit of a more holistic anthropology across the soul's various states and a more rationally and coherent eschatology—namely, an affirmation of the irreducible mutability of the created soul on its way towards likeness to God, perhaps, if not certainly, towards universal salvation. (shrink)

How do people maintain their humanity during wars? Despite its importance, this question receives scant scholarly attention, perhaps because of the overwhelming aspect of war. The generally accepted wisdom is that wars bring out the worst in us, pitting us against one another. "War is hell," William Tecumseh Sherman famously noted, and even wars clearly designated "just" nonetheless inflict massive destruction and cruelty. Since ethics is concerned with discovering what takes us to a morally superior place, one conducive to human (...) flourishing and happiness, studying what helps people survive wartime trauma becomes an extremely valuable enterprise. A Darkling Plain thus fills an important scholarly void, analyzing wartime stories that reveal much about our capacity to process trauma, heal wounds, reclaim lost spirits, and derive meaning and purpose from the most horrific of personal events. (shrink)

How can we best understand the major debates and recent movements in contemporary empirical political theory? Is there a human nature on which we can construct scientific theories of political life? What is the role of culture in shaping any such nature? How objective and value-free can political theories be? These are only a few of the issues addressed by this collection of essays from a disparate group of contributors.