In their discussion paper of November 2020, Cooket alpresent a draft protocol for navigating circumstances in which emergency services are overwhelmed. Their paper suggests that COVID-related triage decisions should be based on clinical assessment, patient and family consultation, and a range of ethical considerations. In this response, we note that the protocol exhibits an ambiguity that is likely to result in irresolvable dilemmas when put into practice. This ambiguity is exemplified in the paper’s prime ethical imperative (to ‘save more lives (...) and more years of life’), which takes the form of an undefined conjunction whose practical implications are left unspecified. We see this ambiguity in the prime imperative as one manifestation of a broader set of tensions in the protocol. We show that the discipline of human rights provides an essential supplement to the ethical framework on which Cook and colleagues rely, providing a framework for understanding and working through triage dilemmas involving age, discrimination and equality. (shrink)

Name der Zeitschrift: Frühmittelalterliche Studien Jahrgang: 52 Heft: 1 Seiten: 253-281.

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

Niniejszy artykuł powstał z myślą, aby dokonać analizy wybranych zagadnień Kantowskiej teorii własności. Należy bowiem zaznaczyć, że pomimo istniejącej już bogatej literatury poświęconej filozofii Immanuela Kanta, to część Nauki prawa, która dotyczy własności wciąż pozostaje w cieniu innych, dyskutowanych od lat problemów. Za taką sytuację odpowiada po części sam Kant, którego wykład poświęcony własności odnajdziemy jedynie w kilku paragrafach prawa prywatnego Nauki prawa. W kolejnych częściach w tym między innymi tych, które dotyczą prawa publicznego, pojęcie własności jest jedynie wzmiankowane. Pomimo (...) wrażenia, że może ono należeć do mniej istotnych zagadnień Kantowskiej filozofii prawa, to znaczenie, jakie filozof mu nadaje, zdaje się być niepodważalne. W swoim artykule postanowiłem skoncentrować się na tych elementach dzięki, którym mogłem dokonać wprowadzenia do Kantowskiej teorii własności. Wśród nich znalazło się m.in. pojęcie prawa wraz z podziałem nauki prawa. Zakreśliłem obszar badań do prawa nabytego, co pozwoliło mi przejść do pojęcie posiadania i pojęcia własności oraz usystematyzowania pojęcia nabywania. Na końcu wskazałem, że jedynie w stanie prawno-obywatelskim własność każdego poszczególnego podmiotu jest mu prawnie przydzielona i zapewniana. (shrink)

English law gives the competent patient the right to refuse life-saving medical treatment, either contemporaneously or in an advance directive, and a physician commits a battery when treating a patient who validly refused treatment. However, with regard to the details of a physician's liability, many questions remain unanswered, and it is not at all clear under what circumstances a patient's tort action for unwanted life-saving treatment will succeed, and what remedies would be available to the patient. The article suggests that (...) a physician should be liable in battery for administering life-saving treatment, even if he/she had doubts about the validity of the patient's treatment refusal, unless a defence of reasonable mistake can be established. Furthermore, in case of a battery which resulted in keeping the patient alive, the patient should not only be able to claim nominal damages, but general and special damages, including mental and physical pain and suffering caused by the prolongation of the patient's life, should equally be available. (shrink)

Older adults often have long-term relationships, and many of their goals are intertwined with their respective partners. Joint goals can help or hinder goal progress. Little is known about how accurately older adults assess if a goal is joint, the role of over-reporting in these perceptions, and how joint goals and over-reporting may relate to older partners' relationship satisfaction and physical health. Two-hundred-thirty-six older adults from 118 couples listed their three most important goals and whether they thought of them as (...) goals they had in common with and wanted to achieve together with their partner. Two independent raters classified goals as “joint” if both partners independently listed open-ended goals of the same content. Goal progress and relationship satisfaction were assessed 1 week later. Allostatic load was calculated using nine different biomarkers. Results show that 85% self-reported at least one goal as joint. Over-reporting– the perception that a goal was joint when in fact it was not mentioned among the three most salient goals of the spouse – occurred in one-third of all goals. Multilevel models indicate that the number of externally-rated joint goals was related to greater goal progress and lower allostatic load, but only for adults with little over-reporting. More joint goals and higher over-reporting were each linked with more relationship satisfaction. In conclusion, joint goals are associated with goal progress, relationship satisfaction, and health, but the association is dependent on the domain of functioning. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

The beginning of the COVID-19 pandemic brought about a sudden and significant change in the conditions of various academic activities. In the present study, we wanted to investigate the influence of the first pandemic lockdown on procrastination tendencies among Polish students. To achieve this goal we employed a mixed-method, embedded longitudinal study. In the quantitative part of the research, the same group of university students completed the procrastination questionnaire twice: a year before, and two months after the introduction of the (...) first pandemic lockdown. The qualitative part included the open-ended questions about the perceived reasons for an observed change in a tendency to postpone tasks after the pandemic outbreak. Our analyses showed a significant increase in academic procrastination after the lockdown introduction. In particular, students reported a decrease in the study interest and lower working discipline. As the causes of higher procrastination during the lockdown period, students most frequently pointed out the reduced monitoring of work progress by supervisors and lower negative consequences of delaying tasks. The second most frequent theme in provided answers included difficulty in restraining from alternative activities and problems with focusing on tasks or ignoring distractions. Embedding qualitative and quantitative data gave a consistent picture of students' situation in the first lockdown and provided potential explanation for the exacerbation of procrastinatory behaviors after the pandemic outbreak. (shrink)

Health care decision making for patients without decisional capacity is ethically and legally challenging. Advance directives (living wills) have proved to be of limited usefulness in clinical practice. Therefore, academic attention should focus more on substitute decision making by the next of kin. In this article, we comparatively analyse the legal approaches to substitute medical decision making in England and Germany. Based on the current ethico-legal discourse in both countries, three aspects of substitute decision making will be highlighted: (1) Should (...) there be a legally predefined order of relatives who serve as health care proxies? (2) What should be the respective roles and decisional powers of patient-appointed versus court-appointed substitute decision-makers? (3) Which criteria should be determined by law to guide substitute decision-makers? (shrink)

We introduce a three-tiered framework for modelling and reasoning about agents who (i) can use possibly complete reasoning systems without any restrictions but who nevertheless are (ii) bounded in the sense that they never reach infinitely many results and, finally, who (iii) perform their reasoning in time. This last aspect does not concern so much the time it takes for agents to actually carry out their reasoning, as the time which can bring about external changes in the agents’ states such (...) as arriving of new information or discarding previously available information due to bounds of the agent’s resources. These three aspects are treated with the maximal possible degree of independence from each other. The treatment of layer (iii) can be combined with arbitrary logic at level (ii) which, in turn, can be combined with arbitrary agent logic at level (i). At the level (iii), we discuss briefly the duality (or rather, complementarity) of system descriptions based on actions and transitions, on the one hand, and states and their changes, on the other. We settle for the latter and present a simple language, for describing state changes, which is parameterized by an arbitrary language for describing properties of the states. The language can be viewed as a simple fragment of step logic, admitting however various extensions by appropriate choices of the underlying logic. Alternatively, it can be seen as a very specific fragment of temporal logic (with a variant of ‘until’ or ‘chop’ operator), and is interpreted over dense linear time. The reasoning system presented here is sound, as well as strongly complete and decidable (provided that so is the parameter logic for reasoning about single states). We give the main idea of the completeness proof and suggest a wide range of possible applications, which is a simple consequence of the parametric character of both the language and the reasoning system. We address then in more detail the case of non-omniscient rational agents, (ii). Their models are syntactic structures (sets of available formulae) similar in spirit, though not in the technical formulation, to the models used in other syntax oriented approaches and in active logic. We give a new sound, complete and decidable system for reasoning about such agents. Finally, we illustrate its extensions with the internal reasoning of agents, (i), by equipping them with some example logics. (shrink)