The judiciary is a key policy actor that is involved in deciding health rights and policy by intervening in the policy process through a variety of judicial mechanisms, yet the appropriate extent of its involvement remains contentious. Taking the competence objection seriously requires understanding it as an epistemic problem about how courts assess empirical and scientific evidence in order to competently adjudicate controversial health claims. This paper examines recent advances in social epistemology to develop insights for the epistemic competence (...) of the judiciary from a system‐oriented approach. I outline three epistemic features that set the judiciary and the judicial decision‐making process apart from other types of decision‐makers in health policy: the distribution of epistemic power, the epistemic authority of a justified believer, and the principle of disinterestedness. Finally, I relate these insights back to the judicial decision‐making process with a specific focus on recent court decisions in health rights and health policy in Chile. (shrink)

Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in (...) particular with respect to health and public health—we should not move too fast in inferring from this a generalized competence problem. This article offers four reasons for vindicating the importance of judicial intervention in factual disagreements: the relative independence of judges from the political establishment, the judicial commitment to evidence, the specific nature of judicial reasoning and an additional voice for the people in the policy-making process. (shrink)

This paper tries, from the perspective of political liberalism, to answer the question whether parents can fail in the moral upbringing of their children to the extent that the state has the right to intervene or to override their legal authority over their children. It is argued that state intervention must meet the liberal criterion of justificatory neutrality, and, on the basis of a discussion of the notion of ‘reasonable citizens’, that only serious parental failure to inculcate basic rules (...) can justify judicial intervention in the family that meets this criterion. It is concluded that political liberalism burdens the state with incompatible demands. (shrink)

This paper tries, from the perspective of political liberalism, to answer the question whether parents can fail in the moral upbringing of their children to the extent that the state has the right to intervene or to override their legal authority over their children. It is argued that state intervention must meet the liberal criterion of justificatory neutrality, and, on the basis of a discussion of the notion of ‘reasonable citizens’, that only serious parental failure to inculcate basic rules (...) can justify judicial intervention in the family that meets this criterion. It is concluded that political liberalism burdens the state with incompatible demands. (shrink)

La "judicialización" es un fenómeno amplio, que resulta de la confluencia de innumerables tendencias históricas y que produce diversos efectos en las prácticas económicas, sociales y políticas. Algunos analistas contemporáneos han advertido que la judicialización implica una profunda transformación sobre las prácticas de gobierno. Este artículo sostiene quela judicialización, especialmente la denominada "judicialización de la política", tienen estrechos vínculos con el neoliberalismo. El problema consiste en que, al día de hoy, son escasos los estudios capaces de corroborar tal relación. ¿Cómo (...) y hasta qué punto la judicialización fue promovida por el neoliberalismo? Para contestar esta pregunta, se procederá al análisis genealógico de una serie de documentos redactados a mediados del siglo XX, siguiendo la hipótesis de que allí emerge un programa de gobierno donde la judicialización no sólo es admitida e incluso promovida, sino además propuesta como una práctica privilegiada de intervención estatal sobre la sociedad. "Judicialization" is a broad phenomenon, which is the result of the confluence of innumerable historical trends and that produces diverse effects on economic, social and political practices. Some contemporary analysts have observed that the judicialization implies a profound transformation in government practices. This article argues that judicialization, especially the so-called "judicialization of politics", has close relations with neoliberalism. The problem is that, at present, there are few studies capable of corroborating this relationship. How and to what extent was the judicialization promoted by neoliberalism? To answer this question, we make a genealogical analysis on a set of documents written in the mid-twentieth century. According to our hypothesis, these documents emerge a program of government where the judicialization is not only admitted and even promoted, but also proposed as a privileged practice of state intervention on society. (shrink)

This review essay examines the contribution of Legislated Rights (Webber et al, Cambridge 2018) to a central issue in constitutional theory: namely, how the institutional division of labour between the legislature and the judiciary with respect to the task of giving effect to constitutional rights is best understood and conceived. In doing so, the essay situates the work within contemporary scholarship and adopts a broadly comparative lens — a perspective that is mindful of key developments in constitutional law and theory (...) over the past several decades. Ultimately, it is suggested that a critical weakness of the capacity of Legislated Rights to contribute to contemporary debates about judicial review is its lack of engagement with these developments. As a result, the work’s intervention largely misses its mark. It speaks to an outdated view that does not reflect contemporary constitutional practice or scholarship. (shrink)

A decision by the Supreme Court of California in the case Conservatorship of Wendland, issued in August 2001, forces us once again to confront the all-too-common situation in which an individual has, on multiple occasions, expressed strongly held personal convictions about life-sustaining interventions but failed to incorporate those convictions into a formal advance directive. Many courts have recognized that lay citizens do not consistently resort to written legal formalities in their day-to-day lives, and reasonable accommodation must be made to this (...) fundamental fact about human nature. However, a small but apparently growing minority of courts adamantly insist on either formal written directives or prescience and prophetic precision on the part of the patient before a surrogate can direct the withdrawal of life-sustaining treatment. The chronology of cases that comprise this minority position in American medical jurisprudence raise important ethical issues. (shrink)

This article discusses feminist engagement in the judicial process in the light of the changing constitutional landscape in the U.K. It considers feminist activism in the courts and the potential that third party interventions provide for feminists to influence judicial decision making under the Human Rights Act 1998. The impact of the intervention by women’s groups in the case of R. v. A. (No. 2) is discussed. Despite the disappointing decision, it is argued that the intervention (...) was a worthwhile endeavour. Third party interventions are important if feminists are to hold on to the gains they have made through the legislative process. Interventions also offer an opportunity to build a litigation strategy that will help shape the development of the case law under the Human Rights Act 1998. (shrink)

La judicialización de la política argentina abre un hiato entre el creciente activismo en materia política desarrollado por los tribunales de justicia y la tradicional legitimidad atribuida al judicial en tanto que poder conservador de la constitución. Este déficit de legitimidad del poder judicial ha intentado subsanarse mediante el recurso a instancias participativas, inspiradas en el modelo de la democracia deliberativa. Esto ha dado lugar a una serie de innovaciones institucionales en la corte suprema argentina, como la admisión (...) de amigos del tribunal y la celebración de audiencias públicas. La evaluación de estas experiencias permite, sin embargo, identificar una concepción de la participación ciudadana que apunta a la intervención de especialistas y que privilegia la intermediación de abogados y juristas. The judicialization of Argentine politics opens a gap between the activism in political matters developed by the judges and the legitimacy traditionally attributed to the judiciary, as the power in charge of the conservation of the constitution. Recent efforts to supersede this deficit in terms of legitimacy pointed to participatory processes, inspired by the model of deliberative democracy. In this sense, the Argentine supreme court has developed a series of institutional innovations, such as the admission of amici curiae and the holding of public hearings. The evaluation of these experiences allows nonetheless to identify an underlying conception of citizen participation focused on the intervention of specialists and the intermediation of lawyers and legal scholars. (shrink)

This essay argues that Aristotle's categories of oratory are not as useful in judging the methods of Sophistical rhetoric as his presentation of time. The Sophistical argumentative method of “making the weaker the stronger case” is re-evaluated as a political practice. After showing this argument's relation to power and ideology, Aristotle's philosophy, which privileges a procedure of argument consistent with the politics of a polis-ideal rhetoric, is offered as reason for objecting to Sophistical rhetoric. The essay concludes that Sophistical rhetoric (...) prefers the concept of possibility over Aristotelian actuality, and offers a need for an ideological space of radical, generative possibility in rhetorical theory. (shrink)

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

The good reasons for judicial intervention in some bioethics cases do not mean that physicians, administrators, and families should routinely seek to shift the burden of decision to the courts.

In R v Looseley; Attorney General’s Reference (No. 3 of 2000) the House of Lords articulated a legal framework to govern ‘entrapment’ in criminal cases. Their Lordships regarded the need for judicial intervention to assist entrapped defendants as uncontroversial. This article argues that the doctrine they set out, in fact, necessitates substantial, and largely unarticulated, departures from principles the courts ordinarily stress as fundamental to the criminal law. In particular, entrapment doctrine determines liability for criminal acts by reference (...) to the kind of environment inhabited by their perpetrators, a perspective the law ordinarily attempts to exclude. This article suggests that the anomalous treatment of entrapment can be understood as a device to prevent the police from relocating the temptation to commit crime to environments in which they are not ordinarily confronted and to ensure that those from backgrounds in which serious criminality is not usually a plausible option will escape punishment if tempted to commit crime by the police. (shrink)

The mismatch between the demand for, and supply of, health products has led to the increasing involvement of courts worldwide in health promotion and marketing. This study critically examines the implementation of one country’s Milk Code within the framework of the International Code of Marketing of Breast-Milk Substitutes, and the efficacy of the judicial process in balancing corporate marketing and state regulatory objectives. Drawing upon the Philippine experience with its own Milk Code, it evaluates the capacities of courts to (...) determine policy costs and risks against the benefits of delineating and containing corporate marketing strategies for milk substitutes and supplements. The study finds that the methodological and information-based challenges faced by courts in resolving multi-dimensional health issues may not be overcome without serious questions concerning the legitimacy of the judicial process itself. Despite the deficiencies of litigation and adjudication, the study notes the catalytic potential of a judicial decision in opening up vital policy space for future renegotiations among rival parties and interests. Third-party intervention is explored relative to this catalytic function. (shrink)

To study Judicial determinants of the ordered obstetrical and fertility interventions. Nature, corresponding laws, decisions upon the 37 expounded holdings at the Probate, Trial, District, Appellate, and Supreme Courts are studied in 92 published materials identified through the ACOG, RCOG, SOCG portals, and Legal Scholarship Repository. Hearings are held in the US (83.8 %), Canada (10.8 %) and U.K (5.4 %). Of all the hearings reviewed, 27 % concern mentally impaired, 37.8 %-maternal incompetence, and 21.6 % cases are of (...) criminal nature. The Judicial determinants vary from country to country. In Canada, the ordered medical interventions are effected by the child protection legislation, whereas in the US, by court orders. In majority of cases, orders are obtained by dismissing the patriae petitions for involuntary sterilizations of mentally impaired sui juris adults (57 %); coerced obstetrical interventions (33.3 %), fetal custody (50 %); enforcement of surrogacy contracts (62.5 %) in favor of the Common Humanity Benefit clause; and recognizing the rights to inherit in posthumously conceived children (80 %) pursuant to the Social Security Act, Law of obviousness, Law of inherent anticipation, and Intestacy statute. Current study prioritizes two questions: (1) whether it is justified to override the wishes of a competent patient purportedly in her best interests; and (2) whether the patient’s autonomy and competence is an absolute concept. With the law unsettled as to a woman’s right to assent a treatment and contradict her fetus, parties concerned with fetal rights should consider exercising of screening tools on maternal judgmental fitness jointly developed by medical and legal practitioners. Further, given the advances in gamete conservations, states consider enacting legislation in order to safeguard the orderly administration of estates disrupted by claims from posthumously conceived children. A balance must be struck between the child’s right to inherit, the state’s interest, as well as the interests of prior born children. (shrink)

Este artigo oferece um breve panorama da jurisprudência canadense desde a promulgação da Carta Canadense dos Direitos e Liberdades, em 1982. Ao mesmo tempo em que busca consolidar mais firmemente a liberdade religiosa, a Carta também tem colocado limites explícitos sobre o direito dessa mesma liberdade. Os Tribunais canadenses se mostram dispostos a intervir no funcionamento interno das instituições religiosas. A proteção legal foi ampliada no sentido de incluir não apenas as religiões não cristãs, mas também as crenças não religiosas (...) em geral. O efeito cumulativo dessas decisões tem corroído efetivamente a separação de fato entre a Igreja e o Estado que tem se desenvolvido no Canadá. O valor relativo a um crescente respeito ao pluralismo religioso é potencialmente compensado pelo aumento de intervenção judicial e pela imposição de valores seculares. Os tribunais têm definido "religião" e "pluralismo religioso" em termos cada vez mais seculares. Palavras-chave: Lei; Pluralismo Religioso; Tribunais Canadenses.This paper offers a brief overview of Canadian case law since the Canadian Charter of Rights and Freedoms was enacted in 1982. At the same time that it has more firmly entrenched religious freedom, the Charter has placed explicit limits on the right of religious freedom. Canadian courts have shown themselves willing to intervene in the internal workings of religious institutions. Legal protection has been extended to include not only non-Christian religions but also non-religious beliefs more generally. The cumulative effect of these decisions has been to effectively erode the de facto separation between Church and State that has developed in Canada. The value of increased respect for religious pluralism is potentially offset by increasing judicial intervention and by the correlated effective imposition of secular values. The courts have been defining "religion" and "religious pluralism" in increasingly secular terms. Keywords : law; Religious Pluralism; Canadian Courts. (shrink)

Kenneth Burke, arguably the most important American literary theorist of the twentieth century, helped define the theoretical terrain for contemporary literary and cultural studies. His perspectives were literary and linguistic, but his influences ranged across history, philosophy, and the social sciences. In this important and original study Robert Wess traces the trajectory of Burke's long career and situates his work in relation to postmodernity. His study is both an examination of contemporary theories of rhetoric, ideology, and the subject, and an (...) explanation of why Burke failed to complete his Motives trilogy. Burke's own critique of the 'isolated unique individual' led him to question the possibility of unique individuation, a strategy which anticipated important elements of postmodern concepts of subjectivity. Robert Wess's study is both a timely and judicious exposition of Burke's massive oeuvre, and a crucial intervention in current debates on rhetoric and human agency. (shrink)

We argue why interpretability should have primacy alongside empiricism for several reasons: first, if machine learning models are beginning to render some of the high-risk healthcare decisions instead of clinicians, these models pose a novel medicolegal and ethical frontier that is incompletely addressed by current methods of appraising medical interventions like pharmacological therapies; second, a number of judicial precedents underpinning medical liability and negligence are compromised when ‘autonomous’ ML recommendations are considered to be en par with human instruction in (...) specific contexts; third, explainable algorithms may be more amenable to the ascertainment and minimisation of biases, with repercussions for racial equity as well as scientific reproducibility and generalisability. We conclude with some reasons for the ineludible importance of interpretability, such as the establishment of trust, in overcoming perhaps the most difficult challenge ML will face in a high-stakes environment like healthcare: professional and public acceptance. (shrink)

" Heidegger and Modernity is an intervention in the Heidegger debate in France which many may see as decisive. Its central claim is that the responses of left Heideggerians to continuing disclosures regarding Heidegger's Nazi affiliations fail to come to terms with central ambiguities in his philosophical responses, both early and late, to modernity and technology. . . . Incisive and hard hitting, Luc Ferry and Alain Renault have condensed in a short and tightly organized book both a judicious (...) and well-informed account of the Heidegger question and an implicit defence of humanism which has a strong political resonance."--Liam O'Sullivan, Political Studies. (shrink)

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates. What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one (...) struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R (...) v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in (...) which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997). (shrink)

:In this article, we consider contexts or domains in which moral bioenhancement interventions possibly or most likely will be implemented. By looking closely at similar or related existing practices and their relevant ethical frameworks, we hope to identify ethical considerations that are relevant for evaluating potential moral bioenhancement interventions. We examine, first, debates on the proper scope of moral education; second, proposals for identifying early risk factors for antisocial behaviour; and third, the difficult balancing of individual freedom and third party (...) concerns in psychiatry. In imagining moral bioenhancement in practice, we observe that unlike other forms of enhancement, moral enhancement fundamentally asks how the interests and preferences of the individual and the interests of others should be weighed. Highly diverse domains such as education, mental health, and the judicial domain might be involved, and moral bioenhancement might challenge existing institutional settings. Given these highly varied contexts and domains, it appears unlikely that there will be a distinct set of practices that will be referred to as “moral bioenhancement.”. (shrink)

Killing Times begins with the deceptively simple observation—made by Jacques Derrida in his seminars on the topic—that the death penalty mechanically interrupts mortal time by preempting the typical mortal experience of not knowing at what precise moment we will die. Through a broader examination of what constitutes mortal temporality, David Wills proposes that the so-called machinery of death summoned by the death penalty works by exploiting, or perverting, the machinery of time that is already attached to human existence. Time, Wills (...) argues, functions for us in general as a prosthetic technology, but the application of the death penalty represents a new level of prosthetic intervention into what constitutes the human. Killing Times traces the logic of the death penalty across a range of sites. Starting with the legal cases whereby American courts have struggled to articulate what methods of execution constitute “cruel and unusual punishment,” Wills goes on to show the ways that technologies of death have themselves evolved in conjunction with ideas of cruelty and instantaneity, from the development of the guillotine and the trap door for hanging, through the firing squad and the electric chair, through today’s controversies surrounding lethal injection. Responding to the legal system’s repeated recourse to storytelling—prosecutors’ and politicians’ endless recounting of the horrors of crimes—Wills gives a careful eye to the narrative, even fictive spaces that surround crime and punishment. Many of the controversies surrounding capital punishment, Wills argues, revolve around the complex temporality of the death penalty: how its instant works in conjunction with forms of suspension, or extension of time; how its seeming correlation between egregious crime and painless execution is complicated by a number of different discourses. By pinpointing the temporal technology that marks the death penalty, Wills is able to show capital punishment’s expansive reach, tracing the ways it has come to govern not only executions within the judicial system, but also the opposed but linked categories of the suicide bombing and drone warfare. In discussing the temporal technology of death, Wills elaborates the workings both of the terrorist who produces a simultaneity of crime and “punishment” that bypasses judicial process, and of the security state, in whose remote-control killings the time-space coordinates of “justice” are compressed and at the same time disappear into the black hole of secrecy. Grounded in a deep ethical and political commitment to death penalty abolition, Wills’s engaging and powerfully argued book pushes the question of capital punishment beyond the confines of legal argument to show how the technology of capital punishment defines and appropriates the instant of death and reconfigures the whole of human mortality. (shrink)

Externalities are an important concept in economic theories of market failure, aiming to justify state regulation of the economy. This article explores the concept of externalities from a philosophical perspective. It criticizes the utilitarian nature of economic analyses of externalities, showing how they cannot take into account values like freedom and justice. It then develops the analogy between the concept of externalities and the 'harm principle' in political philosophy. It argues that the harm principle points to the need for a (...) theory of basic interests to judge when a harm is imposed. Similarly, externality analyses should use such a theory of basic interests as the basis for judgments about legitimate state intervention. This proposal is defended against objections, and illustrated with a case study of the US Supreme Court's ruling on the Affordable Care Act, which shows how the judicial reasoning implicitly interprets externalities in terms of basic interests. (shrink)

This paper travels into what De Sardan calls the unexplored "social mechanisms of corruption" . One of the great contemporary assignments for ethics, sociology and ethnography scholarships is accounting for the enormous distance between judicial, political and donor condemnation of African "corruption" on one hand and their frequency, banalisation and outright cultural legitimacy by ordinary people on the other. To do this the paper is set within the unremitting colonialism that is the African tragedy. It depicts the current interventions (...) by the West into African "corruption" as the third wave of colonialism, and anticipates two further waves. Using the outlooks of a post-colonial ethnography I explore the western takeover of the management of African corruption and consider the motives that drive this new colonialism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Authorship ofthe Abstract Revisited David Raynor In a recent issue ofHume Studies, J. 0¿ Nelson challenges the received view that Hume himself composed the Abstract, and argues instead that we know that Adam Smith wrote it.1 But his main argument is so blatantly fallacious that charity requires that we interpret his intervention as ajeu d'esprit. I have no idea why he wishes to tease Hume scholars so (...) mercilessly. Most probably he wishes to keep the issue of the authorship of the Abstract alive until either someone disproves his belief that Smith wrote the pamphlet, or the scholarly community comes round to accepting Smith as the real author. Whatever his motive, I intend here to squelch his mischievous conjecture once and for all. Nelson first sought to cast doubt on Hume's authorship of the Abstract in an article published in The Philosophical Quarterly for 1976. In the fifteen years since that paper appeared, he has become convinced that Smith wrote the pamphlet. It was not always so. Here is how he judiciously concluded his earlier article: "According to the external evidence it is most improbable that Hume was the author of the Abstract and it is plausible to suppose that Adam Smith was; but according to the internal evidence, it is most improbable that Adam Smith was its author and almost certain that Hume was. How these incompatible conclusions are to be resolved I have no idea." 2 Nelson now has no doubt that any such discomfort should be resolved by allowing the external evidence tooutweigh the internal, becausehehas come to regard the external evidence as showing that it is not simply improbable that Hume wrote the work, but downright impossible. Nelson'sentire case rests on theidentityofthe "Mr Smith"referred to in a letter of 4 March, 1740 from Hume at Ninewells to Professor Francis Hutcheson at Glasgow. The crucial passage reads: My Bookseller has sent toMr Smith aCopy ofmy Book, which I hope he has received, as well as your Letter. I have not yet heard whathe has done with the Abstract. Perhaps you have. I have got it printed in London; but not in the WOrAe ofthe Learned; therehavingbeen an article with regard to my Book, somewhat abusive, printed in that Work, before I sent up the Abstract.3 Volume XTX Number 1 213 DAVID RAYNOR Until Keynes and Sraffa argued otherwise in their 1938 edition of the Abstract, some scholars believed that Adam Smith was the "Mr Smith" referred to in H, and that he wrote theAbstract at Hutcheson's suggestion. Keynes and Sraffainstead argued that the "MrSmith"was John Smith, Hutcheson's Dublin pubUsher, and that Hume himself wrote the Abstract (as all the internal evidence suggests). Norman Kemp Smith, in a review ofKeynes and Sraffa's edition, accepted their interpretation.4 Now Nelson seeks to prove all of them wrong. He argues thus: the "Mr Smith" in His eitherJohn Smith or Adam Smith; itcan'tbeJohn Smith;thereforeitmustbeAdamSmith.We canreadily agree with Nelson that the "Mr Smith" was notJohn Smith the Dublin publisher. But it will not follow—as Nelson supposes—that the man referred to must have been Adam Smith who, at the time, was still an undergraduate at Glasgow. "But ifthe Mr Smith ofH was not John Smith... who could he be excepttheAdam Smithofthe traditional theory?" asks Nelson.6 1have elsewhere suggested that the man in question was William Smith, one ofthepublishers oftheAmsterdam periodicalBibliothèqueraisonnée.6 Hutcheson'sInquiry had been pubUshed in Dublin by John Smith andWilliam Smith. The latter subsequently moved to Amsterdam and married into the Wetstein pubhshing family. William Smith was responsible for directing the firm's periodical, the Bibliothèque raisonnée, which employed Pierre Desmaizeaux as its London correspondent. The issue of this periodical for April-June, 1735, published aletterfrom Hutcheson tohis "ancien & intimeAmi"William Smith concerning Robert Simson's book on conic sections. In light ofH, it is probable that copies of the first two books of the Treatise, a manuscript copy oftheAbstract, and aletterfrom Hutcheson were sent to WilUam Smith in early 1740. The April-May-June issue of the Bibliothèqueraisonnée for 1740 published a largely favourable review of the first... (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

The DSM-III, DSM-IV, DSM-IV-TR and ICD-10 have judiciously minimized discussion of etiologies to distance clinical psychiatry from Freudian psychoanalysis. With this goal mostly achieved, discussion of etiological factors should be reintroduced into the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. A research agenda for the DSM-V advocated the "development of a pathophysiologically based classification system". The author critically reviews the neuroevolutionary literature on stress-induced and fear circuitry disorders and related amygdala-driven, species-atypical fear behaviors of clinical severity in adult (...) humans. Over 30 empirically testable/falsifiable predictions are presented. It is noted that in DSM-IV-TR and ICD-10, the classification of stress and fear circuitry disorders is neither mode-of-acquisition-based nor brain-evolution-based. For example, snake phobia and dog phobia are clustered together. Similarly, research on blood-injection-injury-type-specific phobia clusters two fears different in their innateness: 1) an arguably ontogenetic memory-trace-overconsolidation-based fear and 2) a hardwired fear of the sight of one's blood or a sharp object penetrating one's skin. Genetic architecture-charting of fear-circuitry-related traits has been challenging. Various, non-phenotype-based architectures can serve as targets for research. In this article, the author will propose one such alternative genetic architecture. This article was inspired by the following: A) Nesse's "Smoke-Detector Principle", B) the increasing suspicion that the "smooth" rather than "lumpy" distribution of complex psychiatric phenotypes may in some cases be accounted for by oligogenic transmission, and C) insights from the initial sequence of the chimpanzee genome and comparison with the human genome by the Chimpanzee Sequencing and Analysis Consortium published in late 2005. Neuroevolutionary insights relevant to fear circuitry symptoms that primarily emerge overconsolidationally are presented. Also introduced is a human-evolution-based principle for clustering innate fear traits. The "Neuroevolutionary Time-depth Principle" of innate fears proposed in this article may be useful in the development of a neuroevolution-based taxonomic re-clustering of stress-triggered and fear-circuitry disorders in DSM-V. Four broad clusters of evolved fear circuits are proposed based on their time-depths: 1) Mesozoic circuits hardwired by wild-type alleles driven to fixation by Mesozoic selective sweeps; 2) Cenozoic circuits relevant to many specific phobias; 3) mid Paleolithic and upper Paleolithic circuits ; 4) Neolithic circuits. More importantly, the author presents evolutionary perspectives on warzone-related PTSD, Combat-Stress Reaction, Combat-related Stress, Operational-Stress, and other deployment-stress-induced symptoms. The Neuroevolutionary Time-depth Principle presented in this article may help explain the dissimilar stress-resilience levels following different types of acute threat to survival of oneself or one's progency. PTSD rates following exposure to lethal inter-group violence are usually 5-10 times higher than rates following large-scale natural disasters such as forest fires, floods, hurricanes, volcanic eruptions, and earthquakes. The author predicts that both intentionally-caused large-scale bioevent-disasters, as well as natural bioevents such as SARS and avian flu pandemics will be an exception and are likely to be followed by PTSD rates approaching those that follow warzone exposure. During bioevents, Amygdala-driven and locus-coeruleus-driven epidemic pseudosomatic symptoms may be an order of magnitude more common than infection-caused cytokine-driven symptoms. Implications for the red cross and FEMA are discussed. It is also argued that hospital phobia as well as dog phobia, bird phobia and bat phobia require re-taxonomization in DSM-V in a new "overconsolidational disorders" category anchored around PTSD. The overconsolidational spectrum category may be conceptualized as straddling the fear circuitry spectrum disorders and the affective spectrum disorders categories, and may be a category for which Pitman's secondary prevention propranolol regimen may be specifically indicated as a "morning after pill" intervention. Predictions are presented regarding obsessive-compulsive disorder and "culture-bound" acute anxiety symptoms. Also discussed are insights relevant to pseudoneurological symptoms and to the forthcoming Dissociative-Conversive disorders category in DSM-V, including what the author terms fright-triggered acute pseudo-localized symptoms. Speculations based on studies of the human abnormal-spindle-like, microcephaly-associated gene, the microcephaly primary autosomal recessive gene, and the forkhead box p2 gene are made and incorporated into what is termed "The pre-FOXP2 Hypothesis of Blood-Injection-Injury Phobia." Finally, the author argues for a non-reductionistic fusion of "distal neurobiology" with clinical "proximal neurobiology," utilizing neurological heuristics. It is noted that the value of re-clustering fear traits based on behavioral ethology, human-phylogenomics-derived endophenotypes and on ontogenomics can be confirmed or disconfirmed using epidemiological or twin studies and psychiatric genomics. (shrink)

The questions of violence, justice and judgment define one of the most resonant and constant concerns of contemporary thought. In part, this is only a reflection of what are often called the ‘realities on the ground’ . In the few years of this century the logic of violence, and even its aestheticisation – whether as terror or as ‘shock and awe,’ or in the citizen’s daily vocation to be ‘alert but not alarmed’ – have become the familiar data of current (...) experience. They are a kind of weather, felt through the colour-coded threat scale of the Homeland Security Advisory System, or in the casual references to the ‘current climate.’ In view of these realities, and of an acclimatisation to them that informs general popular support for extensions of executive power and legislative activity, the urgency of the turn or return to questions of force and law is to be expected. In the fabric of recent debate, they are seams at which confrontations are staged and positions defined; but also, where the thought that remains closest to the ‘realities on the ground’ is forced into juxtaposition with the mythological and theological schemes that violence, justice and judgment inevitably conjure. Thus, contributors to this issue of Colloquy were invited to consider whether it was possible to account for a difference between violence, terror and revolution, without simplification or banalisation of the relationship between law and force. On the one hand, the editors envisaged that this question would be a provocation to reexamine contemporary representations of sovereignty, jurisdiction and the ‘state of exception,’ in a global context dominated by issues of security and the justification of extra-legal and extra-judicial force – occupation, detention, torture. On the other hand, the reference to the mythological and the theological was inevitable, inasmuch as contributors were invited to organise their reflections around two of the most significant interventions in twentieth-century jurisprudence and political theory, Walter Benjamin’s “Critique of Violence” and Jacques Derrida’s “Force of Law.” For as is well-known, Benjamin and Derrida pursue their distinctive lines of questioning in the direction of a ‘divine violence’ or of a ‘mystical foundation of authority.’ The reception of the two texts suggests that these concepts remain, for many, difficult to the point of being indigestible; at least in the ‘current climate.’. (shrink)

Persons who identity as LGBTQ+ should be treated with respect, compassion, and sensitivity. Under the guise of helping such persons, legislation is surreptitiously appearing in several countries seeking to ban so-called conversion therapy. While the definition of the term remains concerningly vague, the terms of enforcement for alleged offences tend to be precisely delineated, often including provisions that curtail Christian catechesis, teaching, and preaching in the areas of human dignity and sexuality. These problematic and repressive initiatives can prevent access to (...) any psychotherapy that is not strictly gender-affirming. This article reviews and assesses conversion therapy in support of a judicious approach to the practice, accurately understood. It reviews past abuses and misunderstandings while considering the merits of conversion therapy and related therapeutic and pastoral approaches. Concerns about gender-affirming interventions are considered, especially for youth and teenagers, and efficacy claims around conversion therapies and related psychotherapies are also discussed. (shrink)

The Internet and electronic communication technologies have taken the psychological field by storm. From the innovations of new web interventions for easier access to care to the increased ease of client scheduling and communication, these developments have greatly advanced mental health care. However, these advantages are also laced with ethical implications that warrant attention. Without judicious consideration, social media use by psychotherapists can lead to inadvertent self-disclosures to clients that risk damaging the therapeutic alliance, interfering with therapeutic processes, and placing (...) both the client and clinician at risk. A better understanding of the ethical implications of social media use is warranted so that guidelines for appropriate use can be developed and implemented. This article highlights the potential risks associated with social media use by psychotherapists and, in absence of formalized guidelines, offers recommendations for best practices. (shrink)

The problem this paper addresses is network based, systematic tax extortion. Four key extortion system elements are considered which expose corruption links between political, administrative and judicial bodies. Based on action‐learning theory, a number of intervention methods for resisting and reforming systematic tax extortion are considered. The strengths and limitations of the methods are considered in the context of a number of case studies. Since the problem of tax extortion is more network based and systematic than it is (...) isolated and individual, any successful method of intervention must target network processes rather than isolated individual behaviours. What appears particularly promising is a social movement‐based combination and sequence of methods that includes dialogue among reformers about system‐level problems, win‐win alliances with instrumental allies, and win‐lose methods against selected opponents to extortion reform. (shrink)

The availability of a range of new psychotropic agents raises the possibility that these will be used for enhancement purposes (smart pills, happy pills, and pep pills). The enhancement debate soon raises questions in philosophy of medicine and psychiatry (eg, what is a disorder?), and this debate in turn raises fundament questions in philosophy of language, science, and ethics. In this paper, a naturalistic conceptual framework is proposed for addressing these issues. This framework begins by contrasting classical and critical concepts (...) of categories, and then puts forward an integrative position that is based on cognitive-affective research. This position can in turn be used to consider the debate between pharmacological Calvinism (which may adopt a moral metaphor of disorder) and psychotropic utopianism (which may emphasize a medical metaphor of disorder). I argue that psychiatric treatment of serious psychiatric disorders is justified, and that psychotropics are an acceptable kind of intervention. The use of psychotropics for sub-threshold phenomena requires a judicious weighing of the relevant facts (which are often sparse) and values. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.2 (2000) 88-112 [Access article in PDF] Milton's Aesthetics Of Eating Denise Gigante It is not a little curious that, with the exception of Ben Jonson (and he did not speak gravely about it so often), the poet in our own country who has written with the greatest gusto on the subject of eating is Milton. He omits none of the pleasures of the palate, great or small. (...) In his Latin poems, when young, he speaks of the pears and chestnuts which he used to roast at the fire with his friend Diodati. Junkets and other "country-messes" are not forgotten in his "Allegro." The simple Temptation in the Wilderness, "Command that these stones be made bread" (which was quite sufficient for a hunger that had fasted "forty days"), is turned, in Paradise Regained, with more poetry than propriety, into the set out of a great feast, containing every delicacy in and out of season. The very "names" of the viands, he says, were "exquisite." And in Paradise Lost, Eve is not only described as being skilful in paradisaical cookery ("tempering dulcet creams"), but the angel Raphael is invited to dinner, and helped by his entertainers to a series of tid-bits and contrasted relishes--Taste after taste, upheld with kindliest change. --Leigh Hunt, "Eating Songs" The title of an old play gives us a direct taste and surmise of its inwards, as the first lines of the Paradise Lost smack of the great Poem. --John Keats, "On 'Retribution, or the Chieftain's Daughter'" That Milton's Romantic readers should invoke the "taste" of his epic poetry suggests an awareness beyond the anecdotal. For as this essay will show, Milton complicates the category of physiological taste in such a manner as to form the ground for the possibility of aesthetic taste, which emerges as a distinct discourse in the early years of the eighteenth century. This is not to say that Milton is the only source for this dubious meaning-in-transition. But precisely how, prior to the interventions of Shaftesbury, Hutcheson, Hume, and the entire tradition of post-Miltonic theorists of taste, is one to read Adam's darkly sardonic postlapsarian remark: "Eve, now I see thou art exact of taste... And Palate call judicious" [PL IX.1017-20]? Critics have observed Milton's "ruthless and relentless pressure on 'taste,'" the fact that the word and its variants appear thirty times in Book IX of Paradise Lost alone [Ricks 69]. What I would like to suggest is that just as Milton is a seminal figure for the eighteenth-century aesthetic preoccupation with the sublime, 1 he is theoretically situated at the origins of the more generic thing called taste as well. [End Page 88]Of course Milton himself was aware of the epistemological implications of taste, whereby the Latin sapere can mean both "to taste" and "to know." 2 The fruit whose "mortal taste" was the source of all our woe did, after all, grow on the tree of knowledge, knowingly described by Satan as "precious of all Trees / In Paradise, of operation blest / To Sapience" [PL I.2, IX.795-97]. So too, when Adam calls Eve "exact of taste," he adds "of Sapience no small part" [PL IX.1018]. Throughout Paradise Lost and Paradise Regained, Milton plays with the epistemological connotation of taste, incorporating it even into the 1671 companion piece of the latter, Samson Agonistes, whose blind hero declares, "The way to know were not to see but taste" [1091]. At the time Milton was writing, however, taste was philosophically connected not only to knowledge and pleasure, but to morality as well. At the origins of the British empirical discourse of taste, Anthony Ashley Cooper, third Earl of Shaftesbury, inheriting this link between epistemology, aesthetics, and ethics, inquires: "Will it not be found... that what is beautiful is... true; and what is at once both beautiful and true is, of consequence, agreeable and good?" [2: 268-69]. For Milton as for Shaftesbury, the beautiful was the true was the good, and access to these ideals was bound up with the philosophic complexity... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Peter Singer’s ChallengeEugene GoodheartThe politicizing of the Terri Shiavo case has made it difficult to think clearly and judiciously (as distinguished from judicially) about what it means to decide to end the life of a terminally ill or disabled person. Can we take seriously the rhetoric of the sanctity of human life from the mouths of exponents of the death penalty? And yet there are those who consistently and (...) in good faith hold euthanasia in whatever form morally anathema. Many of those who share this view have expressed disapproval of government intervention in the Shiavo case. They cannot be accused of having a political agenda. Over the years, philosopher Peter Singer has made the case for euthanasia most forcefully. This may be a good time to consider critically his arguments, free of the immediate tumult surrounding the Shiavo case. Such consideration may even help us in our understanding of the issues involved in that case.Singer has been variously characterized as "the most controversial," "the most influential" and "the most notorious" philosopher in the world. His books cover a wide range of ethical issues, from animal liberation to euthanasia (including infanticide), and from globalization to the workings of George W. Bush's mind. The controversy, influence and notoriety come from positions he has taken, with a candor that one rarely finds in the work of a respectable philosopher, on the most sensitive issues of life and death. Whether or not one is in agreement with his views (I am not, as will soon become evident), they are argued with a provocative clarity and consistency. A radical advocate of animal [End Page 238] rights, he wants to dissolve the species distinction between human beings and non-human animals. An advocate of euthanasia and infanticide, he substitutes the commandment that honors the sanctity of human life for one that sanctifies the quality of life. In both instances, human beings are being denied a privileged place in the world simply by virtue of being human.If, as Copernicus demonstrated, the universe is not earth-centered, and if, as Darwin has shown, human beings are not the separate creation of God, there can be no justification for providing human beings with a separate ethical system, often at the expense of non-human animals. Singer calls this speciesism and analogizes it to racism. In Rethinking Life and Death: The Collapse of Our Traditional Ethics (New York: St. Martin's Griffin, 1994), he argues against speciesism that in their susceptibility to pain and pleasure, in their capacity for consciousness and even in certain instances a rudimentary self-consciousness, animals deserve to be treated with the same consideration as human beings. He does not deny the superior capacities of human beings, but he views the differences between human and non-human animals as differences in degree and not kind. He provides the following memorable account of the gorilla Koko:She communicates in sign language, using a vocabulary of over 1000 words. She also understands spoken English and often carries on 'bilingual' conversation, responding in sign to questions asked in English. She is learning the letters of the alphabet, and can read some printed words, including her own name. She has achieved scores between 85 and 95 on the Stanford-Binet Intelligence Test.talk about what happens when one dies, but she becomes fidgety and uncomfortable when asked to discuss her own death or the death of her companions. She displays a wonderful gentleness with kittens and other small animals. She has even expressed empathy for others seen only in pictures.(p. 181)Why then should animals (Koko is unusual but not alone in these capacities) not be accorded the same ethical consideration as human beings? The differences between human and non-human animals in intelligence, linguistic and symbolic capacity, consciousness and self-consciousness may be a difference in degree, but of such an order of magnitude that quantity becomes quality. To say that non-human animals have 98% of DNA in common with human beings tells us nothing of the effective intellectual superiority of human beings. No matter. Singer provides a deeper reason for his anti-speciesism. "Whether or not dogs and pigs [animals... (shrink)

In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative , and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable (...) consequences of PGD.In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative reasons. The paper discusses the species-ethical reasons, for which Jürgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a ‘positive eugenics’. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and species-ethical arguments, and the question remains open. (shrink)

In his treatise Han Fei Zi, the Chinese ancient thinker Han Fei proposes a governance structure that emphasizes the institutionalization of legal norms, judicious sovereign intervention, and ministerial obligations. These three core concepts of Han’s legal thinking are informed by both the Taoist law of Nature and the Confucian philosophy as is expounded by Xun Zi. Recognition of the Taoist and Confucian influences brings to light the ethical and normative dimensions of Han’s legal thought, dimensions that, I propose, provide (...) new insights into China’s legal and institutional reforms today. (shrink)

In this article, we explore alternative conflict resolution strategies to assist families and clinicians in cases of intractable dissent in paediatric health care decision-making. We focus on the ethical and legal landscape using cases from the Australian jurisdiction in New South Wales, while referencing some global sentinel cases. We highlight a range of alternative means of addressing conflict, including clinical ethics support, and contrast and contextualise facilitative or interest-based mediation, concluding that legal intervention via the courts can be protracted (...) and distressing and should be a ‘last resort’. We acknowledge many might view this as the current status quo, but we go further to recommend strategies optimal for all parties to recognise early signs of conflict and prevent its harmful escalation. While more empirical research is needed, we contend that interest-based mediation may be a valuable adjunctive method of conflict resolution. If judiciously distinguished from and utilised with clinical ethical support, it can be an effective tool to address dissent and its negative sequelae in paediatric healthcare decision-making. (shrink)

Although the positive outcomes achieved in home‐visiting interventions targeting young, disadvantaged mothers are partly credited to therapeutic relationships, researchers rarely offer philosophical or theoretical explanations for these relationships. This omission is a conspicuous oversight as nurse–family relationships have figured prominently in public health nursing practice since its inception. In this study, I suggest that the contribution of therapeutic relationships to positive outcomes will remain theoretically undeveloped as long as clinical trials and nursing practice models follow the logic of techne. After (...) describing how a scientific–clinical gaze misrepresents teen mothers and contributes to a rational–technical model of clinical practice, I draw on contemporary hermeneutics to describe how dialog and understanding are indispensable for clinical judgment and the judicious use of scientific knowledge. This hermeneutic corrective calls attention to the dialogical nature of truth and the relational skills that disclose meaning, preserve personhood, and support possibilities available in the life‐world. Dialogical understanding also disrupts the scientific–clinical gaze by disclosing the social disparities that are implicated in early childbearing and teen mothers’ long‐term prospects. The implications of this thought for legitimating and supporting the flexibility and clinical know‐how that ‘strays’ from protocol‐driven care is addressed. (shrink)

The effects of time and the longitudinal course of the children’s internalizing symptoms following Intimate Partner Violence Exposure are still of great interest today. This study aimed to analyze the effect of the frequency of IPVE, adverse experiences after the cessation of the IPVE and the time elapsed since the termination of the violent relation on the prevalence of anxiety and depression among children. Participants were 107 children and their mothers who had been victims of IPV and had existing (...) class='Hi'>judicial protection and restraining orders. Hierarchical logistic regression models were estimated to analyze children’s adjustment, considering the effect of the time elapsed since the termination, frequency of IPVE, experiences of revictimization, maternal pathology, and anxious anticipation of the mother at the prospect of future harm. Exposure to multiple events of violence at the hands of multiple ex-partners and higher scores in the mother’s anxious anticipation were significant predictors of children’s pathological depression and anxiety. Our results emphasize the need for early psychological evaluation of women and children’s victims of IPV to provide timely interventions that avoid symptoms from becoming chronic. Strategies to bring support and emotional security to the victims after the end of the violent relationship are desirable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 13.1 (2003) 53-64 [Access article in PDF] Incentives for Providing Organs Patricia Milmoe McCarrick and Martina Darragh After a contentious debate at its 2002 annual meeting, the American Medical Association's House of Delegates voted to endorse the opinion of its Council on Ethical and Judicial Affairs that the impact of financial incentives on organ donation should be studied (Josefson 2002). The shortage of (...) organs for transplantation has been an ongoing problem for more than 20 years. In June1981, Representative Philip Crane (R-IL) introduced legislation in the U.S. House of Representatives proposing a $25,000 income tax deduction and a $25,000 estate tax exclusion for donating an organ (Tax Incentives 1981). Still the National Organ Transplant Act enacted in October 1984 prohibited the offering of any "valuable consideration" in return for organs (United States 1984).The developments of a legal market for tissues in the United States and a black market for organs around the world have raised the question of whether donation without compensation is the only ethically viable option. Some critics of the current system claim reliance on donation actually promotes a black market in organs (Kaserman and Barnett 2002, p. 38; Palmer 1999, p. 36). In addition, a new set of compensation issues has arisen as living kidney donor transplantations begin to rival those performed with cadaveric organs (United States 2001).As a result, current suggestions for incentives go far beyond the traditional death benefit payment to include such ideas as medals of honor for donors, reimbursement for funeral expenses, exchange programs for organ donation, and special medical insurance for living organ donors. Numerous bills introduced into the 107th Congress have proposed such incentives (Delmonico et al. 2002.) In October 2002, the U.S. Department of Health and Human Services awarded $5.2 million in grants to study both clinical and behavioral interventions for increasing organ donations that do not involve incentives. The inspiration for some of the funded proposals comes from the successes of Spain's social services and the United Kingdom's clinical administration of organ procurement programs (Robeznieks 2002). [End Page 53]With a nod to evidence-based medicine, the underlying concern expressed in much of the current literature is that no idea for increasing the supply of organs should be discounted before it is studied. This bibliography provides a short introduction to the range of opinions expressed on the issue of incentives for providing organs.al-Mousawi, M.; Samhan, M.; al-Mezairee I.; Razzak, M.A.; and Khawari, F. Cadaver Organ Procurement in Kuwait. Transplantation Proceedings 31 (8): 3375-76, 1999.The authors describe a protocol that significantly increased cadaveric organ donation and credit it with fostering the expansion of an organ sharing program among the Arab Gulf states. Developed by Kuwaiti neurologists and anesthetists after a continuing education course on transplantation, the protocol places a special emphasis on the role of local transplant coordinators who facilitate the investigation of brain death cases by neurologists.Arnold, Robert; Bartlett, Steven; Bernat, James; et al. [Ethics Committee of the American Society of Transplant Surgeons] Financial Incentives for Cadaver Organ Donation: an Ethical Reappraisal. Transplantation 73 (8): 1361-67, 27 April 2002.To prepare for proposed studies of financial incentives for organ donation, the American Society of Transplant Surgeons convened a panel to develop a methodology for evaluating the ethics of such research. Comprised of organ procurement organization executives, physicians, surgeons, and ethicists, the panel generated a list of nine criteria for use in judging any incentives proposal. While opposed to direct payment or tax incentives for organ donation, a majority of the members support funeral expense reimbursement or charitable contributions as incentives that would not violate or undermine the ideal of altruism.Cameron, J. Stewart, and Hoffenberg, Raymond. The Ethics of Organ Transplantation Reconsidered: Paid Organ Donation and the Use of Executed Prisoners as Donors. Kidney International 55 (2): 724-32, February 1999.After reviewing arguments for and against payment for organ procurement, the authors apply these arguments to the specific case of obtaining organs from executed... (shrink)