Ms. X is a person with cerebral palsy and schizophrenia. She has intractable bedsores that are a result of her immobility and to poor wound care related to her delusional thinking. Despite intensive community support, the wounds have worsened to the point that she has needed multiple hospitalizations to prevent systemic sepsis, a life‐threatening condition. She is capable of placement decisions and wishes for independence at home but is incapable of making wound care decisions and does not appreciate that (...) immediately returning home from the hospital, instead of going into a special care facility, would likely result in sepsis. The resulting dilemma about discharge planning highlights the complexity involved in weighing concerns around mental illness and capacity for treatment and placement of care. The extent of the care that is required and available in a community or health care system and the slow but relatively certain progression of the symptoms also make the decision challenging. Two commentaries take very different approaches in exploring the question whether Ms. X should be supported to go home or to a special care facility. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

In 1996, the U.S. Congress passed the Personal Responsibility and Work Opportunities Reconciliation Act that ended the entitlement of poor families to government assistance. The debate leading up to that transformation in welfare policy occurred in the shadow of Speenhamland—an episode in English Poor Law history. This article revisits the Speenhamland episode to unravel its tangled history. Drawing on four decades of recent scholarship, the authors show that Speenhamland policies could not have had the consequences that have been (...) attributed to them. The article ends with an alternative narrative that seeks to explain how the Speenhamland story became so deeply entrenched. (shrink)

One of the more interesting developments in recent historical writing has been a reconsideration of the debates over poor law reform. In the sharply-demarcated world of post-war scholarship, the poor law fell clearly, if somewhat problematically, into the domain of social history. For obvious contemporary reasons, post-war social history devoted a good deal of scholarly energy to constructing a history of social policy. Much of this work was problematized in terms of the then orthodox agenda of the welfare (...) state. The dominant questions concerned modes of assessing entitlements, mechanisms for delivering welfare, and the bureaucratic characteristics of the old and new poor laws. Despite its considerable empirical merits, this kind of social history was inhibited by its methodological and problematic certainties. To a large extent this was a social history which defined itself against traditional political history, offering a narrative of social policy formation which, whilst not eliminating political processes from its account, tended to marginalize their normative significance. One extreme formulation was Sydney Checkland's ‘socially innocent state’. Here the loss of ‘social innocence’ on the part of the British state is evaluated directly in terms of its willingness to develop the kind of social agenda and administrative machinery characteristic of modern wellfarism. For Checkland in particular, social policy was conceived almost exclusively in terms of state-driven programmes of ‘social improvement’. The old poor law, with its pattern of local management, discretionary administration, and paternalist social vision flatly contracted the statutorily-articulated welfarism which Checkland took to be axiomatic to a coherently-conceived social policy. In terms of statutory authority and administrative machinery, Checkland saw the new poor law as a critical move towards a more coherently-constructed state social policy. (shrink)

From the 1870s to the 1920s Poor Law institutions in England developed from destinations of last resort to significant providers of health‐care. As part of this process a general professionalisation of Poor Law work took place. The change was facilitated by wider social, philosophical and political influences in nineteenth century England. The introduction of trained nurses into the Poor Law was part of a diaspora of both ideas and people from voluntary institutions and organisations. Unrecognised in 1834, (...) nurses eventually became the most numerous class of workhouse officers. This was not accomplished without dispute and acrimony. As a group and as individuals nurses were often at the centre of disputes. Utilising a social history framework and drawing on contemporary written sources, including Poor Law and nursing journals, this paper highlights the role played by Poor Law nurses in the diffusion of values and attitudes that helped to transform the workhouse regime from one of punishment to therapy. (shrink)

It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published.1 By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or dis...

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law (...) jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment. (shrink)

Evidence suggests a limited contribution to the total research output in leading obstetrics and gynaecology journals by researchers from the developing world. Editorial bias, quality of scientific research produced and language barriers have been attributed as possible causes for this phenomenon. The aim of this study was to understand the prevalence of editorial board members based out of low and lower-middle income countries in leading journals in the field of obstetrics and gynaecology. The top 21 journals in the field of (...) obstetrics and gynaecology were selected based on their impact factor, SCImago ranking and literature search. The composition of the editorial boards of these journals was studied based on World Bank Income Criteria to understand the representation status of researchers from low and lower-middle income countries. A total of 1315 board members make up the editorial composition of leading obstetrics and gynaecology journals. The majority of these editors belong to high-income countries (n = 1148; 87.3%). Low (n = 6; 0.45%) and lower-middle income (n = 55; 4.18%) countries make up for a very minuscule proportion of editorial board members. Only a meagre 9 out of 21 journals have editorial board members from these countries (42.85%). Low and low-middle countries have poor representation in the editorial boards of leading obstetrics and gynaecology journals. Poor representation in research from these countries has grave consequences for a large proportion of the global population and multidisciplinary collaborative efforts must be taken to rapidly change this statistic with immediate effect. (shrink)

The majority of deaths due to tobacco in the twenty-first century will occur in the developing world, where over 80% of current tobacco users live. In November 2010 guidelines were adopted for implementing Article 14 of the World Health Organization’s Framework Convention on Tobacco Control (FCTC). The guidelines call on all countries to promote tobacco treatment programs. Nevertheless, some experts argue for a strict focus, at least in developing countries, on population-based measures such as taxes and indoor air laws, which (...) they consider more cost-effective than individual treatment. In this article we defend tobacco dependence treatment in developing countries. First, these experts understate the comparative cost-effectiveness of individual treatment programs. Second, they overlook numerous ethical considerations beyond cost-effectiveness that support individual tobacco treatment in developing countries. We conclude that the strict population-based focus in developing country tobacco control advocated by some experts is misplaced. In general, developing nations should combine population-based measures and individual tobacco treatment programs. (shrink)

This essay defends an account of the duties to the global poor that is informed by the empirical question of what makes countries rich or poor, and that tends to be broadly in agreement with John Rawlss account in The Law of Peoples. I begin by introducing the debate about the sources of growth and explore its implications for duties towards the poor. Next I explore whether (and deny that) there are any further-reaching duties towards the (...) class='Hi'>poor. Finally, I ask about the moral foundations for the duties to the poor of the sort that earlier parts argue there are. (shrink)

The recent case between Apple and the FBI, in which Apple refused to comply with a court order to aid the FBI in overriding the security features of an iPhone used by one of the San Bernardino terrorists, brought the tension between national security and individual rights to the forefront. This article looks at the case and these two core values from a liberal communitarian ethics perspective, and provides an analysis of how these values are reflected in U.S. law. It (...) concludes with an ethical discussion relevant to the resolution of differences between high-tech corporations and the government. (shrink)

An idea is a public good. The use of an idea by one person does not hinder others to benefit from the same idea. However in order to generate new life-saving ideas, e.g. inventions in the life sciences, a huge amount of human and material resources are needed. Powerful, but highly criticized tools to speed up the rate of innovation are exclusive rights, most prominently the use of patents and plant breeders’ rights. Exclusive rights leave by nature a number of (...) people empty-handed, with starvation, stuntedness, prevalence of disease and death as preventable and quotidian consequences. To stimulate a human rights compatible use of exclusive rights a wide range of moral frameworks have been developed to condemn current praxes. Most prominent in the debate are theories building on (1) utilitarian calculations of weighing benefits with Peter Singer as a prominent advocate, (2) Pogge’s vindication of compensatory duties for institutional harms, (3) a comprehensive analysis on how the current innovation incentive system fails to secure human rights and human capabilities and lastly (4) showing how the status quo nurtures misrecognition. With help of those theories modest targets as well as a thorough restructure of the innovation incentive system can be justified. Those theories have the mammoth task of restraining well-established ideas supporting the permissibility of a reckless use of property rights that are deeply anchored in the property law discourse. Life sciences raise a range of special problems when justifying pro-poor innovation. Healthy people living in a society with a good sanitary infrastructure need far less resources to tackle health problems than people in places with a poor infrastructure. Patents that involve gene sequences (or part thereof) make inventing around impossible, making the seeking of licenses mandatory for investigators wanting to make follow-up research with the molecule. Speedy sharing of data concerning public health hazards or threats to food security are vital to maintain living standards. (shrink)

In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and (...) class='Hi'>poor consideration of the influence of morality in holding the society together and his dismissal of legal enforcement of morality. (shrink)

So-called “ugly laws” were mostly municipal statutes in the United States that outlawed the appearance in public of people who were, in the words of one of these laws, “diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object” (Chicago City Code 1881). Although the moniker “ugly laws” was coined to refer collectively to such ordinances only in 1975 (Burgdorf and Burgdorf 1975), it has become the primary way to refer to such laws, (...) which targeted the overlapping categories of the poor, the homeless, vagrants, and those with visible disabilities. Enacted and actively enforced between the American Civil War (1867) and World War I (1918), such laws and their enforcement can tell us much about the very sorts of people who were also, a generation later, subject to explicitly eugenic laws, such as sterilization legislation. And like eugenic laws and policies, such laws continue to affect the lives of people with disabilities to this day (Schweik 2011). (shrink)

ABSTRACT The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. (Jacques Anatole François Thibault).

This essay is an attempt to understand the significance of Barth's redefinition of the "law/gospel" rubric for political theology. Barth's thought is exposited at length, and illumined by comparison with Luther and Calvin. Luther emphasizes the distance between gospel and the law, distinguishing between serving God in the secular regiment, and serving Christ in the spiritual regiment. He thereby challenges the improper relation of state and church, but does so in a manner that can lead to a passive dualism. Calvin (...) holds that preaching the law to the state includes preaching the gospel; thus, the church has a positive vision against which it can evaluate the state's service to God in Christ. This leads, however, to the danger of a 'clerical guardianship' of the state. Barth finds a positive connection between the two governments in the fact that both communities are based in Christ, in whom the gospel is their law. This grounds his high view of the state as predecessor to the heavenly kingdom, as well as a prophetic mission of the church to the state. This does not lead to a new Christendom, however, first, because Barth hopes not for a kingdom wrought by human hands, but for the Theocracy of God, and second, because Barth sees the fallen reality of both church and state, the state pagan and violent, and the church a poor witness. In the end, though Barth makes a strong case for supporting theological critique of the state, while avoiding Constantinianism, he is unable to solve the problem of how to connect the gospel and the law in the civil community. (shrink)

Anatole France’s The Red Lily is best known for this ironic aphorism: ‘The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.’ The laws mentioned in this aphorism are open to two criticisms. The first criticism is that they forbid conduct that oughtn’t to be forbidden. The second criticism is that they unfairly place greater burdens of compliance on some than on others. (...) It may be onerous for the poor to comply with the law against, say, sleeping under bridges; not so for the rich. It is this second criticism that I read France as expressing, and it is the reach of this criticism that I explore in this essay. Specifically, I want to ask whether the second criticism may apply to a law even if the first criticism does not – whether there can be laws that are good in the sense that they forbid behavior that genuinely ought to be forbidden, but that are nonetheless unfair in the distribution of compliance burdens they yield. Some examples may tempt us to say ‘no.’ It may be more burdensome for thrill-seekers than for the rest of us to comply with laws against speeding, but that does not make speeding laws unfair. But I argue that the answer is ‘yes.’ Good laws can, and surprisingly often do, yield unfair distributions of compliance burdens. I conclude the essay by showing how remedies for this sort of unfairness might work. (shrink)

Remittances are private financial transfers from migrant workers back to their countries of origin. These are typically intra-household transfers from members of a family who have emigrated to those who have remained behind. The scale of such transfers throughout the world is very large, reaching $338 billion U.S. in 20081—several times the size of overseas development assistance (ODA) and larger even than foreign direct investment (FDI). The data on migration and remittances is too poor to warrant very firm conclusions (...) about their effects—actual or potential—on poverty and development in poorer countries. We will however, present reasons that make it plausible to believe that remittances can contribute to poverty-reduction and promote development in poorer countries. Our main aim, however, is not to engage in detail with empirical debates about the effects of these transfers, but to establish moral grounds for favorable tax treatment on remittances on the assumption that they do have positive effects on receiving countries. (shrink)

... abolished in 1869, but which we here learn still forms a deplorable factor in the social life of the poor in England, especially in breaking up homes. ...

The author argues economic analysis needs to be explicitly included in an overall theory of law and technology. Differing approaches to the economics of information are considered, and the copyright policy environment of the 1990s is taken as an example of how the lack of substantive economic analysis resulted in poor policy-making.

A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of legal (...) relationships. I argue that the state and its legal subjects are in a particular kind of legal relationship with one another, a fiduciary relationship, and that the content of the state's ensuing fiduciary obligation is the rule of law. Because the rule of law is intelligible in terms of the right, and independently of the good, it follows that compliance with the rule of law necessarily makes a moral difference regardless of how poorly the state lives up to the demands of the good. This is a conceptual rather than an empirical claim, and it leads to the conclusion that respect for human agency in the context of the state-subject fiduciary relationship necessarily entails respect for human dignity, respect for human dignity entails respect for human rights, and therefore a commitment to the rule of law entails a commitment to human rights. (shrink)

This collection reflects the result of interactive academic work initiated by Johann Heinrich Pestalozzi University Inc., Miami, Florida, during the academic year 2018, and also the scholarly work of academics supporting our University. The authors include international academics from the United States of America, Great Britain, Croatia, Bosnia-Herzegovina, Switzerland, Austria, Serbia and Macedonia. Table of Contents: About the Authors; Craig Paterson--Contextualism & the History of Philosophy; Darko Bekic--Triangle Concept of Unification-Demilitarization Neutralisation of Korea: An Outline; Orlando Mardner--Economic Dimensions of Armed (...) Groups & Intra-State Terrorism: Preventions Through Geostrategic Changes in the International Laws of Financial Systems; Stephan U. Breu--The Challenge of Educating Refugee Children to Avoid Creating Tomorrow's Extremists; Hatidza Berisa--Historical Context of Military Interventionism; Parvis Hanson--The Future of Globalization: Help or Hurt the World's Poor; Joseph P. Garske--Common Law & Civilian Legal Cultures: Finding A Language of Law for the Global Age; Craig Paterson--The Societas Civilitas, Hate Speech & State Imposed Restrictions; Elmar Kuhn --Education as the Key for a Global Society in Peace & Freedom; Manish Sharma--Global Ecology & Sustainable Development: A Study in Gandhian Perspective; Paul Borrow-Longain--Law of Heraldic Arms; Craig Paterson--William Tyndale's Publication of The New Testament in the English Vernacular; Milka Ristova & Sanja Angelovska--The Contributions of International Law & NonGovernmental Organizations in Facilitating the Peaceful Reunification of the Korean Peninsula; Stephan U. Breu--Blockchains & Cybercurrencies Challenging Anti-Trust & Competition Law; Zoran R. Vitorovic--Preventive Diplomacy as a Key for the Reduction of Asymetric Conflicts; Stephan U. Breu--International Law Under Attack by Geostrategic Tensions Between Leading Nations. (shrink)

My purpose, in this paper, is to defend the claim that the fine-tuning argument suffers from the poor design worry. Simply put, the worry is this: if God created the universe, specifically with the purpose of bringing about moral agents, we would antecedently predict that the universe and the laws of nature, taken as a whole, would be well-equipped to do just that. However, in light of how rare a life-permitting universe is, compared to all the ways the universe (...) might be have been life-prohibiting given the laws of physics, strongly suggests that the universe was poorly designed for that purpose. This casts doubt on the claim that God has much to do with designing the universe. First, I introduce the fine-tuning argument, and second, I explain and defend the poor design worry against objections that, while apparently compelling, I argue are misleading. (shrink)

The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...) show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned. (shrink)

The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that (...) is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In view of the explanatory significance of joblessness, some social scientists, policymakers, and commentators have advocated strong measures to ensure that the ghetto poor work, including mandating work as a condition of receiving welfare benefits. Indeed, across the ideological political spectrum, work is often seen as a moral or civic duty and as a necessary basis for personal dignity. And this normative stance is now instantiated in federal and state law, from the tax scheme to public benefits. This Article (...) reflects critically on this new regime of work. I ask whether the normative principles to which its advocates typically appeal actually justify the regime. I conclude that the case for a pro tanto moral or civic duty to work is not as strong as many believe and that there are reasonable responses to joblessness that do not involve instituting a work regime. However, even if we grant that there is a duty to work, I maintain that the ghetto poor would not be wronging their fellow citizens were they to choose not to work and to rely on public funds for material support. In fact, I argue that many among the black urban poor have good reasons to refuse to work. Throughout, I emphasize what too few advocates of the new work regime do, namely, that whether work is an obligation depends crucially on whether background social conditions within the polity are just. (shrink)

In his Law of Peoples, Rawls severely restricts our duties of justice towards the global poor. Many of his critics have replied that there actually exists a global basic structure and that hence the difference principle applies on a global scale.However the shipwrecked of globalization do not contribute in any substantial way to the creation of global wealth. We show that Martha Nussbaum’s cosmopolitan solution to this problem is unsatisfactory because it ignores scarcity as one of the circumstances of (...) justice.If the marginalized of progress want to raise a claim of justice rather than appeal to our beneficence, they can only do so on the basis of a principle of compensation: their fate has been deteriorated by the development of a global economy they did not ask for. Towards the end of the article we point at some typical blind spots in the treatment of these problems in the literature on international distributive justice: the idea that development problems can be solved merely by transfers of money and the presupposition that the gulf between rich and poor is growing all the time. (shrink)

In his Law of Peoples, Rawls severely restricts our duties of justice towards the global poor. Many of his critics have replied that there actually exists a global basic structure and that hence the difference principle applies on a global scale.However the shipwrecked of globalization do not contribute in any substantial way to the creation of global wealth. We show that Martha Nussbaum’s cosmopolitan solution to this problem is unsatisfactory because it ignores scarcity as one of the circumstances of (...) justice.If the marginalized of progress want to raise a claim of justice rather than appeal to our beneficence, they can only do so on the basis of a principle of compensation: their fate has been deteriorated by the development of a global economy they did not ask for. Towards the end of the article we point at some typical blind spots in the treatment of these problems in the literature on international distributive justice: the idea that development problems can be solved merely by transfers of money and the presupposition that the gulf between rich and poor is growing all the time. (shrink)

This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the opinions of former (...) Presidents Reagan and Bush, the more conservative members of the Supreme Court of the United States, the current Congress, and the majority of the American people. (shrink)