Duty of care is the core ethical responsibility of healthcare workers. Getting the workforce vaccinated will provide safety to the public, protect the vulnerable population and provide a safe working environment. While most agree that healthcare workers should be prioritised in the vaccination programme, mandatory vaccination remains a complicated and contentious issue with political, legal and ethical dimensions. This study aims to determine the ethical considerations associated with mandatory vaccinations among healthcare workers. A total of 152 abstracts were identified of (...) which, 142 were excluded based on abstracts because they did not meet the inclusion criteria. The remaining ten articles were further evaluated with three articles that fit the inclusion criteria specifically discussing mandatory vaccination among healthcare workers and the ethical issues. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were used as a framework to discuss the ethical considerations which resonated both directly from the included papers, as well as more generally from the other literature associated with this search. There is limited literature on the topic of ethical considerations associated with COVID-19 mandatory vaccination of healthcare workers, as a systematic review identified only 3 papers. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were among the seven ethical considerations identified and discussed. (shrink)

BackgroundThe COVID-19 pandemic has presented extraordinary challenges to worldwide healthcare systems, however, prevalence remains low in some countries. While the challenges of conducting research in high-prevalence countries are well published, there is a paucity from low COVID-19 countries.MethodsA PRISMA guided systematic review was conducted using the databases Ovid-Medline, Embase, Scopus and Web of Science to identify relevant articles discussing ethical issues relating to research in low prevalence COVID-19 countries.ResultsThe search yielded 133 original articles of which only 2 fit the inclusion (...) criteria and aim, with neither specific to low prevalence. Most of the available literature focused on clinical management and resource allocation related to high prevalence countries. These results will be discussed under the ethical dimensions of equity, individual liberty, privacy and confidentiality, proportionality, public protection, provision of care, reciprocity, stewardship and trust..ConclusionsA systematic review failed to identify articles relating to COVID-19 research ethics, specific to low prevalence countries. It shows that there is a significant gap in the literature that warrants further investigation. Common ethical principles were used to present a distinct set of challenges experienced by a country with a low prevalence of COVID-19. This unique perspective of some of the common ethical problems surrounding research, may help guide further discussion and guide research in similar countries. (shrink)

Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This Article argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce selfenforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action problems. (...) The more elaborate human rights institutions are designed to overcome these problems but fall prey to second-order collective action problems. The simple laws of war institutions have been successful because they can exploit the logic of reciprocity. The Article also suggests that limits on military reprisals are in tension with self-enforcement of the laws of war. The U.S. conflict with Al Qaeda is discussed. (shrink)

Mark Osiel’s The End of Reciprocity: Terror, Torture and the Law of War provides detailed discussions of a number of important moral and legal issues arising for the United States in its ongoing response to the threats posed by the Al Qaeda terrorist network.Thanks to Andrew Alexandra for comments on this paper. The material in the first section of this critical review is derived from a short review of this book I wrote for the International Harvard Review vol. 31 (...) no. 1 March 2009 p.84. The specific focus is the United States of America (USA) deployed counter-terrorist methods of sustained detention, enhanced interrogation and targeted killing of suspected terrorists.Osiel offers a distinctive and provocative view on these issues, and displays a wide knowledge of relevant literature in a number of fields, including international law, philosophy, sociology and cultural studies. As such, the book ought to be of interest to a wide audience.The book is in four parts. Part One concerns inte .. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Hooker’s Of the Laws of Ecclesiastical Polity and Shakespeare’s The Taming of the Shrew represent the issues of sociality and dissent in strikingly similar terms and articulate a common social vision. Both writers strive to harmonize social unity with inward liberty. Hooker seeks not only to refute the non-conformity of his Puritan opponents, but to reconcile them, in both heart and mind, to the social order to which they belong. Similarly, Petruchio convincingly demonstrates to Katherine that the common good and (...) her own personal happiness substantially coincide in the reciprocity and communion of marriage. (shrink)

The paper attempts to show that Vattel established a duty of sovereigns not to interfere in the internal affairs of other states. Although Vattel did not use the terms 'interference' or 'intervention' in any technical sense of the term, it seems justified to see him as an early proponent of what is called today the principle of non-intervention. This will be evidenced by reviewing how Vattel rejected some of the arguments put forward by previous theorists of just war who defended (...) the right of European states to intervene in states of the New World in order to punish gross violations of the law of nature and nations. Arguing that the laws of war ought to be applied in reciprocal manner, Vattel questioned the distinction between 'civilized' and 'barbarian' nations on which these previous theorists relied. For him, the true 'barbarians' were those nations who fought wars without even attempting to publicly justify their behaviour. (shrink)

In international relations, reciprocity means a phenomenon based on international law that maintains equality, continuity, and stability of cooperation between states. Most of the time, the logic of contract and rationalist perspectives prevail to deal with it. Nevertheless, reciprocity does not exclusively embody a contractual mechanism that aims at a symmetrical balance between two partners. Marcel Mauss was one of the first sociologists to observe the existence of group cohesion when studying reciprocity in his gift-giving model. Beyond (...) a dual relationship, Mauss unveils an intergenerational solidarity that he calls “alternating and indirect reciprocity.” Implicitly, this refers to chains of reciprocity developed earlier by Malinowski. Yet, it enriches the notion by also including intergenerational links. This article proposes to extend the Maussian framework to the international level because sociology is not limited by borders of national societies as Mauss underlined himself. International chains of... (shrink)

What are the principles of association that citizens devoted to different ethical and religious ideals or peoples living under different regimes can find reason to acknowledge together? Defining the common ground which reasonable people can share, despite their profound disagreements, has been the distinctive concern of John Rawls’ political philosophy since A Theory of Justice. Rawls’ second book, Political Liberalism, recast his theory of justice as fairness in a form no longer tied to a Kantian view of the moral life (...) as a whole. “Political liberalism” revolves around the idea of “public reason”, the shared point of view which free and equal citizens assume when, abstracting from their opposing comprehensive doctrines, they decide constitutional essentials and matters of basic justice in the light of a principle of reciprocity. “The Idea of Public Reason Revisited,” originally published in 1997, forms the second part of the present volume. This essay offers perhaps Rawls’ final statement of his ideal of a just society. Yet its role in this book is to provide the background for an account of the just coexistence of diverse societies. “The Law of Peoples” was the title of the Oxford Amnesty Lecture that Rawls delivered in 1993. Refined and expanded, the theory he then proposed is given here its first full-scale exposition, and my remarks focus on this part of his book. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 150-177 [Access article in PDF] The Desire for the Sovereign and the Logic of Reciprocity in the Family of Nations Lydia H. Liu It may sound like a truism that the modern nation cannot imagine itself except in sovereign terms. But what is this truism saying or, rather, withholding from us? When Benedict Anderson wrote his influential study of nationalism in 1983, he circumscribed the (...) imagining of the nation as "both inherently limited and sovereign" and relied on this basic understanding to explain the global transformation of dynastic empires into nation-states [Imagined Communities 6]. That insight, however, has not drawn to itself as much attention or scrutiny as some of his other concepts, like "print capitalism" or "creole nationalisms." If one were to name a few of the blind spots in the contemporary discussions of nationalism, cosmopolitanism, and diaspora, one of them would be the place and placing of sovereignty and sovereign right. To those of us whose initial purpose has been to historicize the nation and nationalism, this blind spot cannot but raise some serious methodological and interpretive questions. Insofar as sovereignty articulates a major mode of exchange between nation and empire in recent history and moreover figures prominently in the realm of what Anderson calls "quotidian universals" [Spectre of Comparisons 33], the truism of its truth needs to be unpacked carefully.Hence, I would like to raise some tentative questions about desire and sovereignty, not in terms of legal studies, but in light of what we have learned about colonial exchange and its production of difference, fetishism, identity, and the logic of reciprocity. I am going to show that these intellectual and material developments have had significant bearings on the making of international law such that our inquiry into the latter can no longer be confined to the self-explanatory evolution of legal discourse. For sovereign thinking is one of those areas that must be reexamined, to borrow Edward Said's words, "according to a detailed logic governed not simply by empirical reality but by a battery of desires, repressions, investments, and projections" [18].In this essay, I begin with a critical analysis of Benedict Anderson's work, focusing on the interplay of the historical and the universal in his study of the nation. I am particularly interested in examining what Anderson chose to do, or not to do, with sovereignty in his theory of nationalism, and I raise some questions about his idea of the "modular," whereby the universal takes on the role of a migrant figure making histories [End Page 150] here and there. Section two introduces the subject of fetishism and desire into the discussion by linking the display of the thrones of the Emperor Qianlong in British museums to significant moments of sovereign thinking in the reign of Queen Victoria and the Empress Dowager of China at the turn of the century. In section three, I attempt a detailed discussion of the sovereignty complex of Ku Hung-ming, a diasporic subject who grew up in colonial Malaysia, was educated in Europe, and ended up serving China as his adopted sovereign country. My analysis centers on Ku's well-known defense of the Empress Dowager during the popular nationalist uprising of 1900 and his work as a translator and publicist in Anglo-Chinese military confrontations. Finally, I turn to the theories of international law itself and ask how nineteenth-century jurists revised the notion of sovereignty to arrive at a new constitutive theory of recognition in the heyday of imperialist expansion. I argue that any attempt to explain the rise of the modern nation-state must take full account of this significant revision in the early nineteenth century, because the revision signaled a paradigmatic shift from natural law to positivist jurisprudence to the effect that a constitutive understanding of sovereign right would eventually overcome and displace the natural law notion of universal sovereignty. Sovereign Thinking in Migrant Nationalisms In Imagined Communities, Anderson pointed to sovereignty as a necessary condition in thinking about the nation when, for example, he... (shrink)

There is an underdeveloped potential for using neuroscience as a particular input in the process of law-making. This paper examines one such instance in the area of public health law. Neuroscience could play an important role in elucidating and strengthening the relevance of the conditions underlying and re-enforcing our ability to cooperate in balancing the benefits and burdens necessary to achieve particular goods; for instance, the protection of public health in an outbreak of pandemic influenza. In particular, I shall focus (...) on how a better understanding of the neurobiological basis of reciprocity could be used to help increase support and compliance with public heath laws—especially those involving restrictive measures (such as quarantine and isolation). (shrink)

In this book, S. A. Lloyd provides a radical interpretation of Hobbes' laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes' moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes' system of 'cases in the law of nature' and situates Hobbes' moral philosophy in the broader context of his (...) political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured. (shrink)

Training on the Law of armed conflict employs different rationales to motivate soldiers and to induce their compliance with LOAC rules. Of these, none is as controversial, or as potentially...

Western liberal thought, which is rooted in the social contract tradition, views the relationship between rational contractors as fundamental to the authority of law, politics, and morality. Within this liberal discourse, dominant strands of modern moral philosophy claim that morality too is best understood in contractual terms. Accordingly, others are perceived first and foremost as autonomous, free, and equal parties to a reciprocal cooperative scheme, designed for mutual advantage.This Article aims to challenge the contractual model as an appropriate framework for (...) morality. My claim is that the constituting concepts of contractualist thought, especially the idea of reciprocity, while perhaps fitting to law, are misplaced in morality. I argue that importing the concept of reciprocity and its conceptual habitat from law to morality yields ethical contractualism an unconvincing moral theory. (shrink)

We present a Gedankenexperiment that leads to a violation of detailed balance if quantum mechanical transition probabilities are treated in the usual way by applying Fermi’s “golden rule”. This Gedankenexperiment introduces a collection of two-level systems that absorb and emit radiation randomly through non-reciprocal coupling to a waveguide, as realized in specific chiral quantum optical systems. The non-reciprocal coupling is modeled by a hermitean Hamiltonian and is compatible with the time-reversal invariance of unitary quantum dynamics. Surprisingly, the combination of non- (...) class='Hi'>reciprocity with probabilistic radiation processes entails negative entropy production. Although the considered system appears to fulfill all conditions for Markovian stochastic dynamics, such a dynamics violates the Clausius inequality, a formulation of the second law of thermodynamics. Several implications concerning the interpretation of the quantum mechanical formalism are discussed. (shrink)

The tendency to reciprocate – to return good for good and evil for evil – is a potent force in human life, and the concept of reciprocity is closely connected to fundamental notions of ‘justice’, ‘obligation’ or ‘duty’, ‘gratitude’ and ‘equality’. In _Reciprocity_, first published in 1986,_ _Lawrence Becker presents a sustained argument about reciprocity, beginning with the strategy for developing a moral theory of the virtues. He considers the concept of reciprocity in detail, contending that it (...) is a basic virtue that provides the basis for parental authority, obligations to future generations, and obedience to law. Throughout the first two parts of the book, Becker intersperses short pieces of his own narrative fiction to enrich reflection on the philosophical arguments. The final part is devoted to extensive bibliographical essays, ranging over anthropology, psychology, political theory and law, as well as the relevant ethics and political philosophy. (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by—and (...) relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

This article aims to contribute to the existing literature on the virtues and challenges of political liberalism. It argues that the principle of reciprocity can only sustain political agreement under pluralism, if citizens share a relationship of civic friends, based on mutual recognition as equals (Lister in Anal Kritik 2011, pp. 91–112), a non-prudential concern for the interest of others (Leland and van Wietmarschen in J Moral Philos 14, 2017, pp. 142–167) and shared experiences that can foster interpersonal trust. (...) Inasmuch as this thicker definition of civic friendship is sound, and breeds a successful ground for civic reciprocity, it is argued that this renders the concept of civic reciprocity culturally sensitive in at least four ways: how citizens commit to reciprocity, what political values and institutional arrangements they deem reasonable and how they choose to cooperate are all influenced by culture. While this makes the project of multiculturalism more challenging, it does not make it impossible. Rather, it reminds us that while the formal requirement of reciprocity is important, it is a relational value anchored in how citizens relate to one another. Therefore, for multiculturalism to be successful, policies that strengthen ties of civic friendship need to be implemented. (shrink)

In this paper we report findings from a commissioned report to the COVID-19 Clinical Research Coalition on approaches to streamline multinational REC review/approval during public health emergencies. As currently envisioned in the literature, a system of REC mutual recognition is theoretically possible based on shared procedural REC standards, but raises numerous concerns about perceived inequities and mistrust.

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity (...) theory helps to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various attempts (...) to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)