In a recent line of cases, senior judges in the UK have been called upon to adjudicate in complaints over the failure of health and local authorities to meet the welfare needs of citizens. Local authorities claimed that the disputes had been precipitated by a lack of resources allocated by central government to meet local demand. This article examines the role of the courts in resolving a fundamental tension between central government policy of financial cost-cutting on the one hand (...) and welfarist principles embodied in legislation for the delivery of public services on the other. Questions are raised about the relevance and appropriateness of rights-based adjudication in welfare needs contexts and about the reluctance of courts to intervene in the resolution of resource allocation disputes even where fundamental rights, particularly in areas such as health, community care, and education where notions of rights are inextricably bound up with use of financial resources. These key cases have arisen prior to the implementation of the Human Rights Act 1998. Where relevant, the likely impact of the Act on welfare needs disputes is considered. (shrink)

Ethics is an attempt to guide human conduct and it is also an attempt to help man in leading good life by applying moral principles. Ethics refers to well based standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. Ethics is related to issues of propriety, rightness and wrongness. What is right is ethical and what is wrong is unethical. Value is an important conception (...) in ethical discussion. Values relate to the norms of a culture, but they are more global and abstract than norms. In certain cultures norms reflect the values of respect and support of friends and family. Different cultures reflect different values. Over the last three decades, traditional-age college students have shown an increased interest in personal well-being and a decreased interest in the welfare of others. Recently, the department of personnel and training has decided to change the pattern of the Civil Services Examination by stressing more on general studies and aptitude skills. A notification has been issued is this regard. From this year the Civil Services (Mains) will also have a separate paper on “ethics, integrity and aptitude”. The notification for the 2013 exam said the “paper (on ethics, integrity and aptitude) will include questions to test the candidate’s attitude and approach to issues relating to integrity, probity in public life and his problem-solving approach to various issues and conflicts in dealing with society”. There are six major sections (i) Ethics and Human Interfaith, (ii) Attitude, (iii) Emotional Intelligence, (iv) Contributions of Moral thinkers and philosophers of India and World, (v) Public/Civil Service Values and Ethics in Public Administration and (vi) Probity in Governance. In this paper an attempt is made to describe the values needed in public service sector and ethical principles might use in public administration and related to the V section of this syllabus. (shrink)

This volume analyzes welfare policies by looking at the making of their target publics. It examines how these populations are identified and constructed by policy making. The contributors apply the classic theoretical question about who gets what, when, and how, but also suggest the revisiting of policy-feedback analysis. Coverage includes empirical case studies in different geographical areas. It looks at Europe, the United States and also considers Mayotte, set in a post-colonial context. The chapters also examine different aspects of (...) welfare, including the bureaucratic treatment of marginalized populations as well as the middle class. The authors draw on diverse conceptual approaches and investigative methodologies. They conduct participant observation in public or nonprofit organizations, explore administrative records, and interview actors at various stages of policymaking. This qualitative material is then combined with relevant quantitative data. Readers are guided through a multilevel approach of welfare policies, from their definition to their implementation. They gain insight into the targeting of publics, from the higher reaches of government to the most underprivileged groups of the social world. Overall, the book compares different national contexts and social policy fields. This approach unearths regularities, enabling the authors to reassess major contemporary transformations of the welfare State. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

Many states make use of personal identity numbers to govern people living in their territory and jurisdiction, but only a few rely on an all-purpose PIN used throughout the public and private sectors. This article examines the all-purpose PIN in Finland as a political technology that brings people to the sphere of public welfare services and subjects them to governance by public authorities and expert institutions. Drawing on documentary materials and interviews, it unpacks the history and (...) uses of the PIN as an elementary building block of the Nordic welfare state, and its emerging uses in the post-welfare data economy. The article suggests that, although the PIN is capable of individualizing, identifying, and addressing individuals, its most important and widely embraced feature is the extent to which it enables interoperability among public authorities, private businesses, and their data repositories. Interoperability, together with advances in computing and information technology, has made the PIN a facilitator of public administration, state knowledge production, and everyday life. More recently, in the post-welfare data economy, interoperability has rendered the PIN a national asset in all the Nordic countries, providing a great advantage to biomedical research, innovation business, and healthcare. (shrink)

This essay examines the administrative state as a ubiquitous phenomenon that results in part from the mismatch of incentives. Using two dramatic episodes in the history of economics, the essay considers two types of mismatch. It then examines how economists increasingly endorsed the “general good” as a unitary goal for society, even at the expense of private hopes and desires. More than this, their procedures and models gave them warrant to design mechanisms and advocate for legislation and regulations to “fix” (...) the supposedly suboptimal choices of individuals in service to the overarching goal. The rise of New Welfare Economics dealt an additional blow to the sovereignty of individual motivations, notwithstanding that Hayek and Buchanan warned that this engineering approach allowed social goals to override individual preferences. Throughout, the argument is that it is important to recognize that people within or advising the administrative state are influenced by the same sorts of motivations as actors throughout the economy. (shrink)

Are public officials morally justified in threatening violence, engaging in deception, or forcing citizens to act for their own good? Can individual officials be held morally accountable for the wrongs that governments commit? Dennis Thompson addresses these questions by developing a conception of political ethics that respects the demands of both morality and politics. He criticizes conventional conceptions for failing to appreciate the difference democracy makes, and for ascribing responsibility only to isolated leaders or to impersonal organizations. His book (...) seeks to recapture the sense that men and women, acting for us and together with us in a democratic process, make the moral choices that govern our public life. Thompson surveys ethical conflicts of public officials over a range of political issues, including nuclear deterrence, foreign intervention, undercover investigation, bureaucratic negligence, campaign finance, the privacy of officials, health care, welfare paternalism, drug and safety regulation, and social experimentation. He views these conflicts from the perspectives of many different kinds of public officials - elected and appointed executives at several levels of government, administrators, judges, legislators, governmental advisers, and even doctors, lawyers, social workers, and journalists whose professional roles often thrust them into public life. In clarifying the ethical problems faced by officials, Thompson combines theoretical analysis with practical prescription, and begins to define a field of inquiry for which many have said there is a need but to which few have yet contributed. Philosophers, political scientists, policy analysts, sociologists, lawyers, and other professionals interested in ethics in government will gain insight from this book. (shrink)

Can we rely on the altruism of professionals or the public service ethos to deliver good quality health and education services? How should patients, parents and pupils behave - as grateful recipients or active consumers? The book provides new answers to these questions, and evaluates recent government policies in health services, education, social security and taxation, and puts forward proposals for policy reform: universal capital or 'demogrants', discriminating vouchers, matching grants for pensions and for long-term care and hypothecated taxes.

The identification of courts as “open” and “public” institutions is commonplace in national and transnational conventions. But even as those attributes are taken for granted, the privatization of adjudication is underway. This Article explores how—during the last few centuries—public procedures came to be one of the attributes defining certain decision-making institutions as “courts.” The political and theoretical predicates for such practices can be found in the work of Jeremy Bentham, a major proponent of what he termed “publicity,” a (...) practice he commended by detailing the architecture for various entities—from the Panopticon for prisoners to the Parliament for legislators and courts for judges. Bentham argued the utility of publicity in enhancing accuracy, public education, and judicial discipline. Moving forward in time, I examine various contemporary techniques in several jurisdictions that shift the processes of adjudication toward privatization. Included are the devolving adjudication to less-public government entities such as administrative agencies; outsourcing to private providers; and reconfiguring the processes of courts to render them more oriented toward settlement. For those appreciative of the role courts play in developing and protecting human rights, these new practices are problematic because adjudication can itself be a site offering opportunities to engage in democratic practices. The odd etiquette entailed in public adjudication under democratic legal regimes imposes obligations on government and disputants to treat each other—before an observant and often times critical public—as equals. Public and private power can be constrained by such performative requirements. When decision making takes place in public, the application of law to fact can engender normative contestation predicated on popular input. This claim of public adjudication’s democratic potential and utilities is, however, not an argument that the judgments provided and the norms developed will necessarily advance a shared view of the public welfare. Hence, while eager to re-engage Bentham, I offer different claims for publicity and less optimism about its consequences. (shrink)

In Mexico, the management of public resources has been questioned by the State, and mainly the results that the public administration at its three levels (federal, state and municipal), by the lack of transparency in the application and verification of public resources. The experience that gives us the operation of different emerging programs that focused on reducing social and economic inequality in the country, we can locate them as the first attempts in the search for a (...) solution that is complex. Moving from the role of the benefactor and welfare state to the promoter of the regions and in the recognition of the focalization of priority attention areas, the path that has been taken is not only the beginning. Recognizing the public nature of public finances as a promoter of social development, we must understand it as the one assumed by the State through social, political and economic co-responsibility to solve poverty and marginalization of its own public policy orientation and vision of solution has been made since the eighties. From the above, we can point out some preliminary conclusions including the study of the indigenous language-speaking population with a high level of social exclusion in the methodology for the definition of multidimensional poverty in Mexico, will allow the allocation of public resources in the fight against poverty to be effective since it will make it possible to identify to the target population that is subject to social exclusion and marginalization. This invites us to a final reflection: What to do to address the just social demands of the indigenous population that is immersed in poverty, marginalization and exclusion? What to do so that they do not leave their communities, and if they have already done so, how to attend to the needs of family groups that are due to the expense of a remittance that may never arrive? (shrink)

Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

This collection of essays derives from a conference sponsored by the Royal Institute of Philosophy and the Centre of Philosophy and Public Affairs at the University of St Andrews. It brings together a number of prominent academics from the fields of philosophy and political theory along with politicians and social commentators. The subjects covered include liberalism, education, welfare policy, religion, art and culture, and cloning. The mix of contributors and the topicality of the subject matter should further promote (...) a serious engagement between philosophy and public life. (shrink)

This book analyses public sector reform comprehensively in all parts of China's public sector - government bureaucracy, public service units and state-owned enterprises. It argues that reform of the public sector has become an issue of great concern to the Chinese leaders, who realize that efficient public administration is key to securing the regime's governing capacity and its future survival. The book shows how thinking about public sector reform has shifted in recent decades (...) from a quantitative emphasis on 'small government', which involved the reduction in size of what was perceived as a bloated bureaucracy, to an emphasis on the quality of governance, which may result in an increase in public sector personnel. The book shows how, although Western ideas about public sector reform have had an impact, Chinese government continues to be best characterized as 'state capitalism', with the large state-owned enterprises continuing to play an important - and increasing - role in the economy and in business. However, state-owned enterprises no longer provide care for large numbers of people from the cradle to the grave - finding an alternative, efficient way of delivering basic welfare and health care is the big challenge facing China's public sector. (shrink)

The national ethical guidelines relevant to assisted reproductive technology have recently been reviewed by the National Health and Medical Research Council. The review process paid particular attention to the issue of non-medical sex selection, although ultimately, the updated ethical guidelines maintain the pre-consultation position of a prohibition on non-medical sex selection. Whilst this recent review process provided a public forum for debate and discussion of this ethically contentious issue, the Victorian case of JS and LS v Patient Review Panel (...) [2011] VCAT 856 provides a rare instance where the prohibition on non-medical sex selection has been explored by a court or tribunal in Australia. This paper analyses the reasoning in that decision, focusing specifically on how the Victorian Civil and Administrative Tribunal applied the statutory framework relevant to ART and its comparison to other uses of embryo selection technologies. The Tribunal relied heavily upon the welfare-of-the-child principle under the Assisted Reproductive Treatment Act 2008. The Tribunal also compared non-medical sex selection with saviour sibling selection. Our analysis leads us to conclude that the Tribunal’s reasoning fails to adequately justify the denial of the applicants’ request to utilize ART services to select the sex of their prospective child. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:538 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Doreen J. Mattingly The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration In 1977 in the United States, Second Wave feminists were poised to make a meaningful impact on federal policy. Jimmy Carter’s successful 1976 presidential campaign had included an open wooing of feminist support : he had created a (...) “51.3 Percent” committee to address women’s issues and he had told feminist audiences that he “wanted to be known as the President who achieved equal rights for women, just as President Johnson had won civil rights legislation for blacks.”1 Once elected, Carter appointed an unprecedented number of feminist women to high office, many of whom were committed to addressing the concerns of marginalized women and advancing policy on issues such as sexual violence and reproductive rights. These appointees were linked to a dense feminist organizational presence in Washington that was unprecedented in its size and diversity. Not surprisingly, many feminists had high expectations for the new administration. 1. Cynthia Harrison, “Creating a National Feminist Agenda: Coalition Building in the 1970s,” in Feminist Coalitions: Historical Perspectives on Second-Wave Feminism in the United States, ed. Stephanie Gilmore (Urbana: University of Illinois Press, 2008), 30. See also John Dumbrell, The Carter Presidency: A Re-evaluation (New York: Manchester University Press, 1993); and Sara Evans, Tidal Wave: How Women Changed America at Century’s End (New York: Free Press, 2003). Doreen J. Mattingly 539 Despite these promising conditions, feminists made little headway on policy during the Carter administration (1977–1981). Federal funding for abortion was eliminated; no permanent offices that would have advocated for women’s issues were created; and bills supporting domestic violence shelters, support for “displaced homemakers,” and quotas for female-owned businesses were defeated or extremely diluted. In addition, no additional states ratified the Equal Rights Amendment (ERA) and several states rescinded earlier ratification votes. Some of these failures can be attributed to the general loss of feminist momentum and the emergence of a conservative backlash in the late 1970s. Anti-ERA organizing fueled the rise of a conservative “family values” movement that would shape social policies for more than a generation, and neoliberal economic conservatives were challenging the welfare-state programs that feminists sought to expand. But in Washington, there was an addition challenge —the unreliable support of Carter himself. Despite his promises, Carter felt that by appointing women he had met his commitment to feminists and did little to support feminist policy goals that went beyond eliminating discrimination. This paper makes an important contribution to the history of feminist action by looking in detail at the efforts of Jimmy Carter’s feminist appointees to influence policy. In particular, it discusses the actions of the most visible feminist in the White House, Margaret “Midge” Costanza. Carter named Costanza director of the Office of Public Liaison, a department that was created to manage relations between the White House and citizens’ groups. Her position as the first woman to serve as Assistant to the President, in concert with her gregarious nature and strong support for women’s issues, made Costanza a very visible symbol of affirmative action for Carter. Yet Costanza, like many other high-level feminist appointees, met opposition within the White House when she tried to advance women’s issues. Her persistent advocacy contributed to her marginalization within the White House. Just twenty months into the administration she resigned in frustration.2 This paper begins with a discussion of the unique circumstances surrounding Carter’s feminist appointees, followed by a detailed exploration 2. For Costanza’s complete story, see Doreen J. Mattingly, A Feminist in the White House: Midge Costanza, the Carter Years, and America’s Culture Wars (New York: Oxford University Press, 2016). 540 Doreen J. Mattingly oftwomeetingsheldbyCostanzainJuly1977.Thefirstwasanimpromptu meeting of roughly forty prochoice Carter appointees, all deeply troubled by a statement made by Carter in support of the Hyde Amendment banning federal funds for abortion. The same month, Costanza hosted a groundbreaking White House meeting about battered women, in which high-level bureaucrats heard testimonials from domestic violence victims and shelter advocates. While both meetings broke new... (shrink)

Welfare conditionality (WC) is a crucial ingredient of social policies around the world. Welfare conditionality demands that recipients meet specific behavioral goals to either access the benefit for the first time or retain the benefit's ongoing advantages. This article argues that any justification of WC must seriously consider procedural protections (PPs) and how they shape the policy's outcome. Procedural protections are institutional principles and mechanisms that guarantee fairness in the administrative decision-making process. This essay normatively evaluates appeal procedures—a (...) key component of PPs—in the context of conditional cash transfer programs (CCTs) implemented during the last two decades in Latin America. It explains why CCTs often fail to provide their recipients with adequate appeal procedures to protect them against administrative errors and poor decision making. These plans can be unfair redistributive programs not because of the type of conditionalities they promote but, rather, due to the limited PPs they provide. (shrink)

Although universities have undergone changes since the dawn of their existence, the speed of change started to accelerate remarkably in the 1960s. Spectacular growth in the number of students and faculty was immediately followed by administrative reforms aimed at managing this growth and managing the demands of students for democratic reform and societal relevance. Since the 1980s, however, an entirely different wind has been blowing along the academic corridors. The fiscal crisis of the welfare states and the neoliberal course (...) of the Reagan and Thatcher governments made the battle against budget deficits and against government spending into a political priority. Education, together with social security and health care, were targeted directly. As the eighties went on, the neoliberal agenda became more radical—smaller state and bigger market—attacking the public sector itself through efforts to systematically reduce public expenditure by privatizing public services and introducing market incentives. At the same time the societal relevance of the universities demanded by critical students was turned on its head to become economic relevance to business and industry in the knowledge society. (shrink)

The increasing costs of healthcare delivery led to different political and administrative approaches trying to preserve the core values of the welfare state. This approach has well documented weaknesses namely with regard to healthcare rationing. The objective of this paper is to evaluate if independent healthcare regulation is an important tool with regard to the construction of fair processes for setting limits to healthcare. Methodologically the authors depart from Norman Daniels’ and James Sabin’s theory of accountability for reasonableness and (...) try to determine if new regulatory models—namely independent agencies—perform better with regard to the public disclosure of the reasons and rationales of healthcare rationing. In publicly financed healthcare systems independent regulation is an important tool to assure fair and reasonable procedures of prioritising services. In accordance with the principle of public accountability, independent regulatory agencies are particularly well suited to assure publicity of the decision-making processes, relevance of the rationale involved and particularly mechanisms for challenge and dispute resolution regarding limit setting decisions. It follows that independent healthcare regulation could be regarded not only as an instrument for performance improvement but also as a tool of social justice. The authors conclude by stating that accountability for reasonableness should be regarded as a landmark of any healthcare reform. And therefore regulators have the social task of assuring that the rationales for limit-setting decisions are clearly accessible to the public. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates (...) and subsidizes a decentralized and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

The essence of a policy evaluation of the personnel situation in the amalgamated municipalities is to investigate the degree to which the amalgamation as instrument achieved the present objectives and thedegree to which the instruments used have contributed to it. Such an evaluation is complicated by the fact that insufficient attention was given to the objectives in the amalgamation policy and to the time period within which they had to be achieved. From the analysis, it appears, in any case, that (...) the number of personnel grew after the amalgamation in the local administrations more than in others. This applies in particular to the public welfare agencies. This growth is probably to be ascribed more to the social evolution than to the amalgamation operation. The demonstration of scale effects is not easy because of the lack of diachronic studies. The fact that large municipalities have relatively more personnel than small municipalities may not be deduced from an increase of the population. The diachronic study of the percentage of the total expenditures for personnel shows that this part has decreased, which could indicate a scale effect. However, one has, at this time, insufficient information of the factors that explain the amount of personnel so that a change in that amount cannot simply be ascribed to the amalgamation. At the same time, the hypothesis is formulated that the amalgamation of the municipalities as a policy measure bas not brought about many changes on the level of policy implementation. This can be explained by the lack of an accompanying strategy for change. It does not suffice to vote for a law to bring about a fundamental change. (shrink)

Some clerics (ulama) in the Islamic world are of the view that practical politics is closely related to Islam, which regulates how an order of state is run. This view historically departs from Islamic constitutional jurisprudence texts that justify political Islam. Likewise, some Islamic boarding schools’ (pesantren) clerics, better known as kyai in Indonesia, are of the view that practical politics is not only a world affair but also an activity based on the application of Islamic legal principles in achieving (...) public welfare. This study aims to determine the academic basis of pesantren ulama in making decisions to be active in practical politics in Indonesia. Using a qualitative approach through interviews, the results of this study indicate that the political decisions of pesantren ulama are strictly based on the perspective of political Islam and fiqh principles that justify the involvement of ulama in politics. Furthermore, the conclusion leads to three perspectives in political motivations for pesantren’s ulama: to gain power, to preach Islamic values, and to demonstrate the existence of ulama in modern state administration.Contribution: The contribution of the study is to describe the permissibility of politics as an alternative to preaching and to show the existence and ability of ulama in state administration. (shrink)

As things stand today, whether we like it or not, industry funding is on the upswing. The whole enterprise of medicine in booming, and it makes sense for industry to invest more and more of one's millions into it. The pharmaceutical industry has become the single largest direct funding agency of medical research in countries like Canada, the United Kingdom and the United States. Since the goals of industry and academia differ, it seems that conflicts of interest are inevitable at (...) times. The crucial decision is whether the public welfare agenda of academia, or the corporate research agenda of industry, should occupy center stage when they conflict. There is enough evidence to show that funding by industry is very systematic, and results that are supportive of the safety and efficacy of sponsor's products alone get the funds. It is no surprise, therefore, that one finds very few negative drug trials reports published, and whatever are, are likely to be by rival companies to serve their commercial interests. Renewed and continued funding by industry decides the future prospects of many academic researchers. At the same time there is now evidence that pharmaceutical companies attempt suppression of research findings, may be selective in publishing results, and may delay or stymie publication of unfavourable results. This is a major area of concern for all conscientious researchers and industry watchers. Industry commonly decides which clinical research/trial gets done, not academia, much though the latter may wish to believe otherwise. It finds willing researchers to carry this out. This can be one area of concern. Another area of pressing concern is when industry decides to both design and control publication of research. It makes sense for researchers to refuse to allow commercial interests to rule research reporting. Research having been reported, the commercial implications of such reporting is industry's concern. But, doctoring of findings to suit commerce is to be resisted at all costs. In this even pliant researchers need have no fear, for if they indeed publish what will work, the concerned sponsor will benefit in the long run. The only decision academia has to make is refuse to comply with predestined conclusions of sponsors for the 'thirty pieces of silver'. Instead do genuine research and make sixty for themselves. The useful rule of thumb is: Keep the critical antenna on, especially with regard to drug trials, and more especially their methodology, and study closely the conflict of interest disclosed, and if possible undisclosed, before you jump on the band wagon to herald the next great wonder drug. There are three important lessons to be learnt by academia in all academia-industry relationships: i) Lesson number one: incorporate the right to publish contrary findings in the research contract itself. Which means, it makes great sense for academia to concentrate on the language and contractual provisions of sponsored research, to read the fine print very closely, and protect their research interests in case of conflict. ii) Lesson number two: a number of lawsuits successfully brought up against industry recently reflect earnest attempts by patient welfare bodies and others to remedy the tilt. It will result in a newfound confidence in academia that augurs well for academia industry relationship in the long run. Hence the second lesson for academia: do not get browbeaten by threats of legal action iii) Lesson number three: Academia should keep itself involved right from inception of the clinical trial through to ultimate publication. And this must be an integral part of the written contract. The time to repeat cliches about the exciting future of the academia-industry connect is past. A concerted effort to lay a strong foundation of the relationship on practical ethical grounds has become mandatory. (shrink)

There is currently great controversy over the contribution antimicrobial use in animal agriculture has made to antimicrobial resistance in pathogenic bacteria with negative consequences for human health. In light of this, the approval process for antimicrobials used in US animal agriculture, known as New Animal Drug Application or NADA, is currently being revised by the federal government. We explore the public deliberations over the development of these new policies focusing our attention on the interaction between pharmaceutical companies and the (...) U.S. Food and Drug Administration. What appears to be an antagonistic public discourse is examined in terms of its ability to simultaneously legitimate the roles of the Food and Drug Administration as the official arbiter of policy on antimicrobial use in animal agriculture and as a protector of the public welfare, as well as the role of pharmaceutical companies as the producers of safe and effective products necessary for the protection of public well-being. (shrink)

The state has always authoritatively used criminal law to give effect to its policy of condemning acts either antisocial or unacceptable to the conscience of the law and society. The existence of criminal law is well justified on grounds of ‘social welfare’ or “reinforcement of those values most basic to proper social functioning”. This initiates or sustains the process of criminalization. The relativity of ‘social welfare’ makes law ‘dynamic’ as well as ‘varying’, vis-à-vis its ambit and scope. Current (...) scholarship is critical of what is referred to as the trend of overcriminalization or rapid increase in criminalizing of acts, as leading to ‘uncertainty’ in criminal law. The rationale for such a critique is that there are activities that need not be labeled as offences if they do not possess the potential to cause damage that criminal law seeks to protect. In light of the overcriminalization critique, this paper examines the criminalization of certain offences labeled as public welfare offences. (shrink)

Recent decades have seen a dramatic transformation in the mode of governing, with government increasingly outsourced to a network of private actors, spanning education, prisons, regulation, arbitration, the military, and access to healthcare and welfare. Chiara Cordelli’s The Privatized State probes the ethical and philosophical questions raised by this transformation, and develops a distinctive account of the wrong of privatization: that a privatized government cannot be a legitimate government. In so doing, Cordelli engages and advances not only pressing questions (...) about privatization, but also broader questions about public administration, political representation, democratic authority, and neorepublicanism. This symposium brings together scholars for a wide-ranging discussion of this transformation in governance and the deep and challenging questions it raises. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

The fundamental requirement of Anglo-American criminal law is that crime must consist of the concurrence of a guilty mind—a mens rea—with a guilty act—an actus reus. And yet, the criminal law is shot through with discordant lumps of strict liability—crimes for which no mens rea is required. Ignoring the conventional normative objections to this aberration, I distinguish two different types of strict criminal liability: the type that arose at common law and the type associated with the public welfare (...) offenses that are the product of twentieth and twenty-first century legislation. Using famous cases as exemplars, I analyze the two types of strict liability, and then examine the purposes served and incentives created by subjecting individuals to strict liability. I conclude that common law strict liability is rational in that it advances the purposes of the criminal law, while the public welfare offenses are at best pointless and at worst counterproductive. I suggest that in this respect the common law contains more wisdom than the results of the legislative process. (shrink)

Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called (...) "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just. (shrink)

Looks at how powerful businesspeople and politicians are valuing their own greed over the welfare of future generations by blocking climate change remediation.

Public sector adoption of AI techniques in welfare systems recasts historic national data as resource for machine learning. In this paper, we examine how the use of register data for development of predictive models produces new ‘afterlives’ for citizen data. First, we document a Danish research project’s practical efforts to develop an algorithmic decision-support model for social workers to classify children’s risk of maltreatment. Second, we outline the tensions emerging from project members’ negotiations about which datasets to include. (...) Third, we identify three types of afterlives for citizen data in machine learning projects: (1) data afterlives for training and testing the algorithm, acting as ‘ground truth’ for inferring futures, (2) data afterlives for validating the algorithmic model, acting as markers of robustness, and (3) data afterlives for improving the model’s fairness, valuated for reasons of data ethics. We conclude by discussing how, on one hand, these afterlives engender new ethical relations between state and citizens; and how they, on the other hand, also articulate an alternative view on the value of datasets, posing interesting contrasts between machine learning projects developed within the context of the Danish welfare state and mainstream corporate AI discourses of the bigger, the better. (shrink)

In the article, we analyse ethical and moral issues of public administration in region of Eastern Slovakia through some cases of the last years. We focused on self-governing regions, namely the Košice and Prešov self-governing regions. We identified two fundamental situations where failures on the side of public administrators occur: selection processes for vacant positions, be it directly in public administration or institutions that fall under its domain, and public procurement with regard to the (...) acquisition of goods and services. The year 2009 was the year of elections to self-governing regions which is why a great number of negative cases dealt with the election campaign. Further, we stated that negative cases dealt with failures of bodies of self-governing regions from both the legal (breaking the law) and moral viewpoint. By claiming that public administrators failed morally, we meant breaking moral norms and rules. Contradictions, which were identified (from the ethical viewpoint), predominantly result from the conflict between public and private interests. In many cases, private interests of public administrators are preferred at the expense of public interests. And it is exactly this preference (a conflict of interests) that is sensitively perceived by the public. (shrink)

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

Determining appropriate authorship recognition in student-faculty collaborative research is a complex task. In this quantitative study, responses from 1346 students and faculty in education and some social science disciplines at 36 research-intensive institutions in the United States were analyzed to provide a description of current and recommended practices for authorship in student-faculty collaborative research. The responses revealed practices and perceptions that are not aligned with ethical guidelines and a lack of consensus among respondents about appropriate practice. Faculty and student respondents (...) agreed that students deserve more authorship recognition than they get in common practice but they did not agree on the appropriate authorship arrangement for several of the collaborative scenarios described in the study or on the relative value of various contributions to research projects. The misalignment with ethical codes and lack of consensus among the respondents is problematic because student-faculty collaborative research is common and authored publications are powerful indicators of research competency. With these detailed results, students and faculty can better anticipate areas where their perspectives are likely to differ and faculty can work to clarify ambiguous expectations. (shrink)

A collection of Head’s previously published papers are reprinted here, often without significant change. Nevertheless, the book has a great unity of purpose. It analyzes different problems related to an important new concept in economic theory: that of public goods. Head’s merit is to review, compare, and analyze the different approaches or definitions of a public good found in the literature. Further, he relates this problem to the whole field of welfare economics and finally, compares and differentiates (...) it from the concept of merit good. Head attempts to clarify the concept of a public good by integrating it into two streams of economic thought that try to construct analytical tools for mastering the problem of market failure. He, therefore, takes up and interrelates such individualistic concepts as Pareto-optimum, consumer sovereignty, jointness of supply, indivisibility of a good, and externality; but he also pointedly refers—through his concept of merit good—to the little discussed authoritarian stream of the liberal economic tradition. To support this claim Head cites a text even from J. S. Mill. The authors that Head refers to the most are Samuelson, Musgrave, Buchanan, and Pareto. But he also incorporates Baumol, Thiebout, Olson, and Downs, among the contemporary authors, and Sidgwick, Pigou, Wicksell, and Lindahl, among the historical figures. (shrink)

In his libertarian manifesto, For a New Liberty, Murray Rothbard [15] points to the Church of Jesus Christ of Latter-day Saints as an excellent model for what a private welfare program would look like in a free society. In analyzing this same organization, we can see that nearly 50 years later Rothbard’s analysis is truer than ever. Unlike the public welfare programs in the U.S., the LDS church has successfully helped lift countless individuals out of poverty and (...) off the welfare rolls by increasing their level of productivity – a point that Henry Hazlitt [7] made in his book, The Conquest of Poverty. Public welfare, on the other hand, has continuously failed to increase the standard of living or even lift those it ostensibly seeks to help out of poverty; on the contrary, it is a system that prevents economic independence. The analysis in the present paper seeks to revive, amplify and bring up to date Rothbard’s observation and provide further insight on key factors that other private organizations can take from the Church’s model. Ultimately, it reveals that the successful journey out of poverty is not a public but rather a private endeavor. (shrink)

Zakat is a monetary form of religious worship that establishes a bridge between a rich and a poor, helps those who are in need and contributes to peace and tranquillity within a society. When zakat is collected properly under a government control and transmitted to those who deserve, it helped to decrease the gap between the poor and the rich, supported activities of social solidarity and revived the economy as well. Malaysia after its independence in 1957 has developed an interest (...) in Islamic practices by drawing attention to a distinctive practice with the public zakat system. Even though a national- central system of zakat could not be established due to the federal structure of the country, the collection and distribution of zakat has been centralized on a state level. Parts of the practice are being criticized, reviewed and new regulations are introduced. Unlike Malaysia, the zakat practice in Turkey is out of state control, thus it hinders zakat from achieving its real purpose. There is a need to make use of the well-functioning zakat systems around the world and establish a public zakat system in our country so that we can make the most of the benefits that zakat has for individuals and societies. This article aims to be a step in that direction. -/- SUMMARY Zakat is one of the main forms of worship and is at the same time one of the main sources for the state budget in Islam. It aims at making sure that the rich –those with higher wealth and income– protects the poor and the powerless and through this it contributes to the peace in the society. In the Islamic creed wealth in reality belongs to Allah; therefore, those who live an affluent life should not attribute their wealth to themselves alone and help those who, for whatever reason, are unable to meet their needs. Because there is a social dimension to this form of worship, it is the duty of the head of state to collect the zakat and distribute it to the right people. Historically this duty has taken different forms and today, many Muslim countries sustain this collection and redistribution under state supervision. Malaysia is a country where zakat is collected and distributed officially at the state level. In each state, there is an Islamic council responsible for taking care of activities related to Islam and is semi-independent from the government that organizes the zakat process. Some of these do the collection and distribution together, some do it separately. In some states, the process has been totally privatized. Constitutionally, each state is dependent on its own sultan in religious affairs, thus each has its own mufti and partially different zakat practices and eac collect and distributes its zakat within that state. Because religious affairs have been codified as the privilege of the sultans of each state in the constitution during Malaysia’s foundation, there is no attempt at centralizing religious affairs and a centralization of zakat practices; the establishment of an institution to achieve this is not possible. Moreover, the secular character of the federation does not seem yet compatible with making zakat obligatory. However, due to the dominant Shafi‘i tradition and the convention in the country, people see it as imperative to hand over the charity and tithe to state institutions. Furthermore, there are local fatwas – which are considered as legal regulations in Malaysia – that require people with an income over a certain amount to pay zakat. Those who have the most are expected to give it voluntarily. In the 19th century, when wealth sources such as palm oil, cacao, rubber, tin were discovered, Malaysian officials were not able to extend the tithe to these; however, in the last twenty-five years, based on fatwas that income should be taxable under zakat has led to a boom in zakat. In all states, the largest portion of zakat is collected through income, usually automatically deducted from payroll. An influential factor in this outcome is that individually paid zakat can be deducted from income tax. From 2005 on, there have been other regulations to make it possible for legal personalities to deduct zakat from taxes. To increase zakat payment, especially publications have been produced to inform and encourage people, and modern opportunities to make payment easy have been developed. The most often used method is direct deduction from payroll. The second most common method is payment through zakat machines in different parts of the city by cash, check, Islamic credit card and, debit card. In addition to these, online, internet banking, telephone banking, ATM machines, post offices, kiosk machines, sms-zakat options are all available. The distribution of zakat differs from year to year and state to state. In general, there is an observable effort to pay all groups from zakat, but because there are no slaves in some states no payment is done under this category. There are both direct transfers and indirect transfers, such as through the construction of houses for poor people. There have been cases where poor people who had projects were supported with funds and those later returned in zakat. There is support for students in terms of scholarships through fuqarā’, fī sabīl allāh and ibn al-sabīl classes. For the muallafa al-qulūb class, there is a foundation to encourage local people to convert to Islam and help them for food, shelter, clothes and education. For Muslims who suffer as minorities in other countries help is provided through the riqāb, muallafa al-qulūb, fī sabīl allāh and ibn al-sabīl classes. In the ghārimīn class, especially victims of natural disasters such as flood and earthquake are supported. For those who have a right to receive zakat be able to receive it, the state has to side with the powerless and help zakat fulfill its social and individual functions. The way zakat is spent requires state policy and will. For this reason, zakat should be institutionalized and all activities should be organized by a single institution with state power behind it. Determining the recipients and the zakat-payers, and using the funds efficiently is easier with the coordination of state institutions. Extensive zakat councils that include state institutions should consider the ijtihāds in the area of zakat anew and make decisions to create a just and consistent zakat system. For these decisions to be applicable, the question of what kind of a system could be founded in our country should be on the agenda in these councils. Once an institution – official or autonomous but with state power behind it- is created, solutions can be found as they arise in the way. (shrink)

During the first two decades of the Cold War, a new kind of academic figure became prominent in American public life: the credentialed social scientist or expert in the sciences of administration who was also, to use the parlance of the time, a “man of affairs.” Some were academic high-fliers conscripted into government roles in which their intellectual and organizational talents could be exploited. McGeorge Bundy, Walt Rostow, and Robert McNamara are the archetypes of such persons. An overlapping (...) group of scholars became policymakers and political advisers on issues ranging from social welfare provision to nation-building in emerging postcolonial states. Many of these men—and almost without exception they were men—were also consummate operators within the patronage system that grew up around American universities after World War II. Postwar leaders of the social and administrative sciences such as Talcott Parsons and Herbert Simon were skilled scientific brokers of just this sort: good “committee men,” grant-getters, proponents of interdisciplinary inquiry, and institution-builders. This hard-nosed, suit-wearing, business-like persona was connected to new, technologically refined forms of social science. No longer sage-like social philosophers or hardscrabble, number-crunching empiricists, academic human scientists portrayed themselves as possessors of tools and programs designed for precision social engineering. Antediluvian “social science” was eschewed in favour of mathematical, behavioural, and systems-based approaches to “human relations” such as operations research, behavioral science, game theory, systems theory, and cognitive science. (shrink)

Leibniz wrote more than 60 proposals, concepts, and outlines for academies for Holland, Germany, Austria and Russia. Unlike the academies in Paris, London or Rome he intended a narrow connection of theoria and praxis. This should be achieved by his Scientia generalis as a theoretical unification, whereas the aim consisted in a universal Harmony.

In American legal journals over the last decade there were hundreds of pages of articles worrying over threats to justice and freedom arising from the power to withhold benefits. Government officials have tremendous discretion to offer or withhold foreign aid, ration-books, government contracts and jobs, welfare subsidies, public housing, tariff protection, academic grants, alien resident status, paroles, or exemption from conscription or combat, from arrest or prosecution or imprisonment. Right-wing economists have worried about welfare-state emphasis on administrative (...) discretion rather than the rule of law. And left-wing economists have worried about the rich man's power to intimidate the poor man by threatening to cut off his productive work. (shrink)

The consolidation of managerial regimes has hinged on an often ignored religious precondition. Without liberal Protestantism, modern administration would not have established its political culture as decisively as it has. Obviously, some countries with enormous welfare states, like Belgium, Austria, and France are overwhelmingly Catholic (at least in terms of their confessional affiliation). Furthermore, non-Protestants in the US, Canada, and England vote disproportionately for political candidates who promise more, not less public administration. Finally, in preponderantly Protestant (...) countries, Protestants are usually found in the right-center of what passes for the political spectrum. Yet, as Thomas C. Reeves suggests, the Protestant…. (shrink)

In this book Fox and Miller define public administration theory and public management doctrine as an orthodoxy that is intellectually bankrupt and democratically unacceptable. Constitutionalism and communitarianism get similar treatment. Next, the authors construct a new theoretical position defined as constructivism and based on critical theory, phenomenology and structuration theory.

Animal welfare scientific literature has accumulated rapidly in recent years, but bias may exist which influences understanding of progress in the field. We conducted a survey of articles related to animal welfare or well being from an electronic database. From 8,541 articles on this topic, we randomly selected 115 articles for detailed review in four funding categories: government; charity and/or scientific association; industry; and educational organization. Ninety articles were evaluated after unsuitable articles were rejected. The welfare states (...) of animals in new treatments, conventional treatments or control groups with no treatment were classified as high, medium or low according to one or more. More articles were published in which the welfare of animals in new treatments was better than that of animals in the conventional or no treatment groups, demonstrating a positive result bias. Failure to publish studies with negative or inconclusive results may lead to other scientists unnecessarily repeating the research. The authors’ assessments of the welfare state of the groups were similarly rated high, medium or low, and it was found that new treatments were rated lower if the research was funded by industry, and higher when funded by charities, with government funding agencies intermediate. These differences were not evident in the Five Freedoms assessment, demonstrating an authors’ assessment bias that appeared to support the funding agencies’ interests. North American funded publications rated the welfare of animals in New treatments higher and those in a Conventional or No Treatment lower, compared with European-funded publications. It is concluded that preliminary evidence was provided of several forms of publication bias in animal welfare science. (shrink)

The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- (...) Environmental regulation -- Administrative justice -- Access to civil justice -- Judicial recruitment, training, and careers -- Trial courts and adjudication -- Appellate courts -- Dispute resolution -- Lay decision-makers in the legal process -- Evidence law -- Civil procedure and courts -- Collective actions -- Law and courts on development and democratization -- How does international law work? -- Lawyers and other legal service providers -- Legal pluralism -- Public images and understandings of courts -- Legal education and the legal academy -- The (nearly) forgotten early empirical legal research -- Quantitative approaches to empirical legal research -- Qualitative approaches to empirical legal research -- The need for multi-method approaches in empirical legal research -- Legal theory and empirical research -- Empirical legal research and policy-making -- The place of empirical legal research in the law school curriculum -- Empirical legal training in the US academy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Update on Waiving Informed Consent in Emergency ResearchCharles R. McCarthyMadam: The closing statement of my article on Waiving Informed Consent in Emergency Research published in the June 1995 issue of the Kennedy Institute of Ethics Journal was: "No doubt we shall hear more of this issue."Indeed, we have heard much more on this issue. (1) In May 1995, after my article had already gone to press, the Food and (...) Drug Administration (FDA) and the National Institutes of Health (NIH) jointly published a report on the Public Forum on Informed Consent in Clinical Research Conducted in Emergency Circumstances. (2) On July 26, 1995, the Department of Health and Human Services (HHS) published in the Federal Register a Notice of Action Related to Emergency Research Activity (60 FR 38353-54). This action constituted a waiver of the requirement to obtain prior informed consent from subjects, as required by the Department's Regulations for the Protection of Human Subjects (45 CFR 46), for one specific NIH-funded project under strictly defined circumstances. (3) On September 21, 1995, FDA published a proposed rule to amend its current informed consent regulations (21 CFR 50) to permit harmonization of federal policies on emergency research and to reduce confusion as to when such research can proceed without obtaining prior informed consent from research subjects. The proposed regulation provides a narrow exception to the requirement for obtaining and documenting informed consent from each human research subject.The HHS waiver (a harbinger of a proposed amendment to its regulations) and the FDA proposed rule are intended to be harmonized so that an Institutional Review Board (IRB) in compliance with one set of regulations relative to the waiver of informed consent will be, ipso facto, in compliance with the other set of regulations.In brief: The FDA proposed amendments will allow an IRB to waive informed consent in emergency situations when:1. The human subjects are in a life threatening condition;2. Obtaining informed consent is not feasible because: (i) the subjects will not be able to provide consent because of their medical condition, (ii) the intervention must be administered before consent from legally authorized representatives is feasible, (iii) there is no reasonable way to identify prospectively the individuals likely to become eligible for the research because the emergence of the condition to be studied cannot be predicted reliably in particular individuals; [End Page 385]3. The opportunity to participate is in the interest of the subjects because: (i) a life threatening situation necessitates intervention, (ii) the risk of the intervention is reasonable in the light of what is known about the medical condition and the patient, the risks and benefits of current therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity;4. The research could not practicably be carried out without the waiver;5. Additional protection of the rights and welfare of the subjects will be provided including, at least: (i) consultation (which may include consultation carried out by the IRB itself) with representatives of the communities from which the subjects will be drawn, (ii) public disclosure prior to commencement of the study sufficient to describe the study and its risks and benefits, (iii) public disclosure of sufficient information following completion of the study to apprise the community and researchers of the study and its results, and (iv) the establishment of an independent data and safety monitoring board;6. The IRB has reviewed and approved an informed consent document for use with subjects or legal representatives in situations in which obtaining such consent may be feasible for some subjects.The preamble to the proposed amendments to the regulations and the amendments themselves contain much more information than is presented here. Readers are therefore encouraged to study the proposals carefully. The public comment period ended November 6, and the FDA is expected to issue a final rule in 1996.Charles R. McCarthyKennedy Institute of Ethics Georgetown University Washington, DCCopyright © 1995 The Johns Hopkins University Press... (shrink)

As the Minister of Public Instruction in Berlin in 1808 Humboldt founded the University of Berlin and reorganized the Prussian Gymnasium. Later, he served in several diplomatic posts, became a Prussian envoy to the Papal court, and in 1818 was for a brief period Minister of the Interior. However, the reader should be aware that Humboldt wrote The Limits of State Action in 1791 at the age of 24 after resigning his first minor post in the Prussian administration. (...) At that time he admitted that he had found administration ‘geistlos’, and this reaction may have accounted in part for his general antipathy toward state interference on behalf of the positive welfare of citizens. His belief that the vitality of a nation arises solely from the spontaneous and diverse creative energies of its citizens clearly contributed to this antipathy. (shrink)

The ArgumentRecognizing that social Darwinism is an intrinsically varied and composite concept, this essay advocates an approach delineating the various intellectual constituents and sociopolitical contexts. It is argued that German social Darwinism has often had a sophisticated biological content, and that the prevalent notion of the state as a biological organism has drawn on non-Darwinian biological theories. Different social interests and programs, institutional structures, and professional interests have also to be taken into account. Alternative interpretations stressing Nazi vulgarizations of biology (...) have serious historical flaws. The paper considers the position of the historian Richard J. Evans, who has rejected interpretations of social Darwinism as scientific and medical discourse. While Evans stresses social Darwinism as public rhetoric, I suggest that social-Darwinist ideas have provided rationales for welfare policies and have had institutional, professional, and ideological implications. What occurred in crucial sectors of the emergent German “welfare state” was a shift from the legally trained administrators to specialists in such areas as public health and social work, who frequently looked to biology to legitimate policy. (shrink)