Political communities across the world have recently sought to tackle rising rates of vaccine hesitancy and refusal, by implementing coercive immunization programs, or by making existing immunization programs more coercive. Many academics and advocates of public health have applauded these policy developments, and they have invoked ethical reasons for implementing or strengthening vaccine mandates. Others have criticized these policies on ethical grounds, for undermining liberty, and as symptoms of broader government overreach. But such arguments often obscure or abstract away from (...) the diverse values that are relevant to the ethical justifications of particular political communities’ vaccine‐mandate policies. We argue for an expansive conception of the normative issues relevant to deciding whether and how to establish or reform vaccine mandates, and we propose a schema by which to organize our thoughts about the ways in which different kinds of vaccine‐mandate policies implicate various values. (shrink)

In this paper I focus on a subset of experiences in which action-properties are presented—namely, those in which objects in our perceptual surroundings or environment ‘demand’ that certain actions be carried out, as experienced mandates (EMs). The critical part of the paper argues that a complex contents view, which builds all of the distinctiveness of such experiences into their perceptual content, is unsatisfactory. As an alternative, I argue that EMs involve bodily potentiation, which is best understood in terms of felt (...) action readiness. I then outline a hybrid account, which combines content-based features of EMs with action-readiness. (shrink)

In this study, we examine investor and firm response to the California Transparency in Supply Chains Act of 2010. The CTSCA requires large retail and manufacturing firms to disclose efforts to eradicate slavery and human trafficking from their supply chains and is a rare example of mandated corporate social responsibility disclosure. Based on a sample of 105 retail companies subject to the CTSCA, we find a significant negative market reaction to the passing of the CTSCA. Furthermore, we find that the (...) reaction is significantly more negative for larger firms and companies facing greater supply chain risks, suggesting that investors place a negative value on exposure to legitimacy threats in the social domain. With respect to company disclosure response, we document relatively high compliance with the legislation, although we also find that the disclosure response appeared to be more symbolic than substantive in nature. Finally, our analysis indicates that both disclosure choice and disclosure extensiveness were significantly higher for the high-supply chain risk companies, suggesting that the response was influenced by concerns with strategic legitimation. Overall, the limited quality of disclosure suggests that, without additional rules and guidance, mandates alone may not lead to meaningful social disclosure. (shrink)

This content analysis examines the ways that genocide is included in the high school world history content standards of eleven states with legislative mandates requiring genocide education, as well as if the content standards in those states differ from those of states without mandated genocide education. The null curriculum theorizes that the content that is not taught may be as important as what is taught; this lens allows for a nuanced analysis of the ways that genocide is included and excluded (...) in state standards. The findings suggest that states with legislative mandates requiring genocide education do not necessarily have high school world history content standards that require genocide education. The content standards in states with legislative mandates often omit acts of genocide, refrain from using the term “genocide,” and frame genocides as less important than the Holocaust, perpetuating the null curriculum of genocides. (shrink)

This article argues that the Supreme Court should not require a religious exemption from vaccine mandates. For children, who cannot yet make autonomous religious decision, religious exemptions would allow parents to make a choice that puts the child at risk and makes the shared environment of the school unsafe — risking other people’s children. For adults, there are still good reasons not to require a religious exemption, since vaccines mandates are adopted for public health reasons, not to target religion, are (...) an area where free riding is a real risk, no religion actually prohibits vaccinating under a mandate, and policing religious exemptions is very difficult. (shrink)

A number of recent legal cases in the United States have considered both disability‐based exceptions to Covid‐19‐related mask mandates and disability‐based claims to stronger masking rules in states restricting the abilities of local governments to enforce mask mandates. We argue that a proper legal and ethical analysis of such cases requires understanding the distinction between disability accommodations and disability modifications. Disability accommodations are individualized adjustments that enable qualified individuals to perform jobs or achieve access on terms comparable to those experienced (...) by others. Disability modifications are programmatic changes to structures or policies that increase accessibility. We contend that in the context of mask mandates, modifications rather than accommodations are ethically desirable because modification‐oriented policies promote disability access in a way that treats all individuals fairly, avoiding the risk of promoting misinformation and uncertainty about the health benefits of masking. (shrink)

Vaccine mandates are coercive because they impose penalties, such as fines, criminal sanctions, or job loss. However, they are not as coercive as physical force. Mandates c...

This paper examines the economic rationale of affordability exemptions in the context of a health insurance mandate. I provide an economic definition of affordability and discuss how it is implemented in the contexts of food, housing, and health care. Affordability standards are frequently used in making food and housing policy, but both empirically and theoretically health care operates quite differently than these other merit goods. This helps explain why the use of affordability in health policymaking is so different from (...) its use in these other contexts. I conclude with some suggestions about how to improve affordability exemption rules in health policymaking. (shrink)

We provide ethical criteria to establish when vaccine mandates for healthcare workers are ethically justifiable. The relevant criteria are the utility of the vaccine for healthcare workers, the utility for patients (both in terms of prevention of transmission of infection and reduction in staff shortage), and the existence of less restrictive alternatives that can achieve comparable benefits. Healthcare workers have professional obligations to promote the interests of patients that entail exposure to greater risks or infringement of autonomy than ordinary members (...) of the public. Thus, we argue that when vaccine mandates are justified on the basis of these criteria, they are not unfairly discriminatory and the level of coercion they involve is ethically acceptable—and indeed comparable to that already accepted in healthcare employment contracts. Such mandates might be justified even when general population mandates are not. Our conclusion is that, given current evidence, those ethical criteria justify mandates for influenza vaccination, but not COVID-19 vaccination, for healthcare workers. We extend our arguments to other vaccines. (shrink)

The author casts a retrospective glance at the stations of the fifty years old discussion about the mandate of ecumenical deacony. Today two basic conceptions are marked off: the conception of a prophetic deacony, informed by the leading notion of »justice« on one side, and the conception of a caritative deacony, informed by the leading notion of »reconciliation« on the other. The author discusses the tention between these concepts in their theological foundations and takes a look at the significance (...) of these concepts in situations characterized by »complex emergencies«. Therefore he explores criterions and standards, on which the mandate of ecumenical deacony could be orientated for the future. (shrink)

Employment-based vaccine mandates have worse consequences for existing than prospective employees. Prospective employees are not yet dependent on a particular employment arrangement, so they are better positioned to respond to such mandates. Yet despite this asymmetry in consequences, Smith argues that if vaccine mandates are justified for prospective employees, they are similarly justified for existing employees. This paper responds to Smith’s argument. First, Smith holds that bona fide occupational requirements are actions that are necessary for the safe and effective completion (...) of one’s job. As such, they apply to existing and prospective employees alike. However, I argue that the existence of effective alternative interventions precludes vaccination from being considered a bona fide occupational requirement under current circumstances. Second, Smith holds that if a requirement is justified for prospective employees, it is justified for existing employees, despite the asymmetry in consequences. However, I argue that since vaccination is not a bona fide requirement, the asymmetry in the harms of mandates experienced by prospective versus existing employees entails an asymmetry in the justification required to mandate vaccination for each group. As such, vaccination can be considered a requirement for prospective employees while not being required for existing employees. (shrink)

Presumed consent to organ donation looks increasingly unlikely to be a palatable option for increasing organ procurement in the UK following the publication of the report into events at Alder Hey and elsewhere. Yet, given that the alternative to increasing the number of cadaveric organs available is either to accept a greater number of live donations, or accept that people will continue to die for the want of an organ, public policy makers remain obliged to consider other means of increasing (...) the procurement rate.In this paper, we meet the main objections to mandated choice . We have modified the traditional approach to mandated choice to take into account the force of the objection that mandated donation is preferable, by accepting that people can and do make bad decisions about organ donation and proposing that all accompanying public education and information about cadaveric donation should be directed in favour of donation. (shrink)

Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. (...) We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption. (shrink)

Informed by Critical Race Theory, this quantitative study supports civic educators in understanding the role of classroom climate and racial identity in students’ civic engagement during a statewide middle school civics mandate (n = 4707). Findings reveal that students of color experience higher civic engagement and lower civic attitude scores than white-identifying peers, after controlling for school, classroom, and affluence indicators. Students’ perception of whiteness (or perhaps majority status) appeared to correlate with positive civic knowledge and civic attitude, but (...) relative civic inaction. These findings suggest differences in civic outcomes as early as middle school between white-identifying students and students of color. Such differences offer implications for civic education interventions that address not only effective instruction, but civic inequities, students’ perceived agency, and curricular content. (shrink)

Context In response to outbreaks of vaccine‐preventable disease and increasing rates of vaccine refusal, some political communities have recently implemented coercive childhood immunization programs, or they have made existing childhood immunization programs more coercive. Many other political communities possess coercive vaccination policies, and others are considering developing them. Scholars and policymakers generally refer to coercive immunization policies as “vaccine mandates.” However, mandatory vaccination is not a unitary concept. Rather, coercive childhood immunization policies are complex, context‐specific instruments. Their legally and morally (...) significant features often differ, and they are imposed by political communities in varying circumstances and upon diverse populations. Methods In this paper, we introduce a taxonomy for classifying real‐world and theoretical mandatory childhood vaccination policies, according to their scope (which vaccines to require), sanctions and severity (which kind of penalty to impose on vaccine refusers, and how much of that penalty to impose), and selectivity (how to enforce or exempt people from vaccine mandates). Findings A full understanding of the operation of a vaccine mandate policy (real or potential) requires attention to the separate components of that policy. However, we can synthesize information about a policy's scope, sanctions, severity, and selectivity to identify a further attribute—salience —which identifies the magnitude of the burdens the state imposes on those who are not vaccinated. Conclusion Our taxonomy provides a framework for forensic examination of current and potential mandatory vaccination policies, by focusing attention on those features of vaccine mandates that are most relevant for comparative judgments. (shrink)

The magic word in Clinton's campaign had been "Change," a reorientation of policy toward the needs of the great majority of the population who had suffered from Reagan-Bush "trickle down" economics -- in practice, an upward flood -- and had swept Clinton into office on the promise of an end to the party for the rich. But it would be unfair to speak unkindly of the newly-elected President for clarifying at once that the fine words of the campaign were not (...) intended seriously, that the "Mandate for Change" proclaimed by a Clinton think tank meant "Business as Usual," as it did when Eisenhower's PR team coined the phrase. "Campaign pledges [are] made to be broken," Harvard political scientist and media specialist Marty Linsky explained when President Bush called for "revenue enhancement" after winning the 1988 election with a pledge not to raise taxes. To accuse Bush of violating his campaign pledge was a "political cheap shot." When he led the public in his "read my lips -- no new taxes" chant, Bush had merely been expressing his "world view," making "a statement of his hopes." The same precepts hold for his successor. (shrink)

Can mandated adoption of corporate social responsibility (CSR) improve firm value? Most CSR adoption is purely voluntary. However, governments regularly encourage CSR adoption with soft regulations that vary from simply endorsing and symbolically supporting CSR to requiring the adoption of specific practices. Governments have resisted fully mandating CSR because there is some concern universally that mandated CSR may reduce firm value. There is, however, no empirical clarity as to whether mandated CSR impedes or improves firm value. We address this uncertainty (...) by analyzing the effects of the mandated adoption of CSR that the government of India legislated in 2014. Drawing on a sample of 1,526 publicly traded firms and deploying a combinative analytical framework comprising an event study, regression discontinuity design, and a difference-in-differences technique, we conclude that India’s CSR mandate did, in fact, increase value for all firms bound by the mandate. This value-enhancing effect was greater for foreign firms relative to domestic firms. Our results refute previous research showing that India’s CSR mandate diminished firm value. (shrink)

Recent arguments over whether certain public health interventions should be mandatory raise questions about what counts as a "mandate." A mandate is not the same as a mere recommendation or the standard of practice. At minimum, a mandate should require an active opt-out and there should be some penalty for refusing to abide by it. Over-loose use of the term "mandate" and the easing of opt-out provisions could eventually pose a risk to the gains that truly (...) mandatory public health interventions, such as childhood vaccines, have provided over the last 50 years. Already, confusion about what counts as a mandate, and about what criteria should be used to determine when a public health intervention should be implemented as a mandate, has led to some inappropriate public policy decisions. For instance, by any reasonable criteria, the yearly influenza vaccine should be mandatory for health care workers. To enforce this mandate, those who refuse vaccination should be required to sign a waiver, and patients - especially those at high risk from flu - should be informed when they receive care from unvaccinated practitioners. (shrink)

The aim of this book is to re-establish the concept of 'law' in Christian ethics without at the same time sacrificing any of the gains in moral freedom that have come from the concept of situation ethics. Michael Keeling argues that there is a common human search for morality in which the specific contribution of Christians is the idea of freedom as the primary gift of God to human beings. However, within this freedom it should be possible to define certain (...) guidelines or 'mandates' which correspond both to the divine life revealed in Jesus Christ and to the human realities described by the natural and the social sciences. (shrink)

A short piece exploring some arguments for mandating vaccination for Covid-19.

In Confucius' time, it was supposed that the sovereign had the mandate of heaven (tianming) to rule. Both Confucius and Mencius speak of a legitimate ruler as someone who has such a mandate and of a deposed ruler as someone who has lost it. Commentators have recently turned their attention to what the reference to the mandate of heaven means, as there are implications for the prospects of democracy in a Confucian state. The result is a wide (...) spectrum of views. In what might be called the liberal interpretation of the "mandate of heaven," Confucianism, or Mencius more specifically, allows for a popular revolt against a despotic ruler (hence for the possibility of democracy). In what might be called the conservative .. (shrink)

Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are not fully autonomous. Others claim (...) that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that even seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

Background: Mental health professionals working in correctional contexts engage a double role to care and control. This dual loyalty conflict has repeatedly been criticized to impede the development of a high-quality alliance. As therapeutic alliance is a robust predictor of outcome measures of psychotherapy, it is essential to investigate the effects of this ethical dilemma. Methods: This qualitative interview study investigates patients’ perceptions of their therapists’ dual role conflict in court-mandated treatment settings. We interviewed 41 older incarcerated persons using a (...) semi-structured interview guide, the interviews were subsequently analyzed following thematic analysis. Results: We first present the patients’ perceptions of their treating psychotherapist’s dual loyalty conflict, which was linked to their overall treatment experience. In a second step, we outline the study participants’ reasons for this judgment, which were most commonly linked to feelings of trust or betrayal. More specifically, they named certain therapist characteristics and activities that enabled them to develop a trustful therapeutic alliance, which we grouped into four topics: respecting the patient’s pace and perceived coercion; patient health needs to be first priority; clarity in roles and responsibilities; and the art of communication – between transparency and unchecked information sharing. Discussion: Developing a high quality alliance in mandatory offender treatment is central due to its relationship with recovery and desistance. Our findings show that some therapists’ characteristics and activities attenuate the negative impact of their double role on the development and maintenance of the alliance. To increase the effectiveness of court-mandated treatments, we need to support clinicians in dealing with their dual role to allow the formation of a high quality therapeutic alliance. Our qualitative interview study contributed to this much-needed empirical research on therapist’ characteristics promoting a trustful relationship in correctional settings. (shrink)

In the paper ‘COVID-19 vaccine boosters for young adults: a risk–benefit assessment and ethical analysis of mandate policies at universities,’ Bardoshet alargued that college mandates of the COVID-19 booster vaccine are unethical. The authors came to this conclusion by performing three different sets of comparisons of benefits versus risks using referenced data and argued that the harm outweighs the risk in all three cases. In this response article, we argue that the authors frame their arguments by comparing values that (...) are not scientifically or reasonably comparable and that the authors used values that represent grossly different risk profiles and grouped them into a set of figures to create an illusion of fair comparisons. We argue that absent the falsely skewed portrayals of a higher level of risk over benefit in their misrepresented figures, the five ethical arguments they presented completely fall apart. (shrink)

A retraction notice is a formal announcement for the removal of a paper from the literature, which is a weighty matter. Xu et al. (Science and Engineering Ethics, 29(4), 25 2023) reported that 73.7% of retraction notices indexed by the Web of Science (1927–2019) provided no information about institutional investigations that may have led to the retractions, and recommended that Committee on Publication Ethics (COPE) retraction guidelines should make it mandatory to disclose institutional investigations leading to retractions in such notices. (...) While this recommendation would add to the transparency of the retraction process, a blanket mandate as such could be potentially problematic. For research misconduct (RM)-positive cases, a mandatory investigative disclosure may be abused by some to deflect responsibility. More importantly, a mandatory disclosure could harm authors and institutions in RM-negative cases (i.e. those stemming from honest errors with no misconduct). I illustrate with case vignettes the potential epistemic injustice and confusion that a mandate for investigation disclosure in retraction notices could incur, and suggest a more nuanced approach to its implementation. (shrink)

The issues and problems of mandatory vaccination policy and roll out in First Nations communities are unique and do not concern the safety and effectiveness of vaccines. These issues are also independent of more specific arguments of mandatory vaccination of healthcare workers as a condition of employment. As important as these issues are, they do not consider the complex politics of ongoing settler colonialism and First Nations community relations. In this paper, we also set aside the very real problems of (...) disinformation, hesitancy, scientific and health illiteracy, and other concerns that drive vaccine hesitancy and refusal. These affect all communities, including First Nations communities. We, instead describe the dominant arguments in favour of mandatory vaccination and critique them in terms of the disputed legitimacy of Settler-Colonial decision-making as it impacts First Nations communities. We contend cultural responsiveness and safety—not state compulsion—must remain the first principles of any engagement—including vaccination—with First Nations Peoples, families, and communities. (shrink)

This article reports on research that examines newly qualified UK nurses’ experiences of implementing their ideals and values in contemporary nursing practice. Findings are presented from questionnaire and interview data from a longitudinal interpretive study of nurses’ trajectories over time. On qualification nurses emerged with a coherent and strong set of espoused ideals around delivering high quality, patient‐centred, holistic and evidence‐based care. These were consistent with the current UK nursing mandate and had been transmitted and reinforced throughout their ‘prequalification’ (...) programmes. The existence of professional and organisational constraints influenced their ability to implement these ideals and values once in practice. Data analysis revealed that within 2 years in practice the newly qualified nurses could be categorised as sustained idealists, compromised idealists, or crushed idealists. The majority experienced frustration and some level of ‘burnout’ as a consequence of their ideals and values being thwarted. This led to disillusionment, ‘job‐hopping’ and, in some cases, a decision to leave the profession. These data are explored and discussed to inform the question of whether the current nursing mandate is sustainable. (shrink)

_ Source: _Page Count 24 Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are (...) not fully autonomous. Others claim that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that _even_ seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

This article examines field studies of nursing work published in the English language between 1993 and 2003 as the first step towards an empirically based reformulation of the nursing mandate. A decade of ethnographic research reveals that, contrary to contemporary theories which promote an image of nursing work centred on individualised unmediated caring relationships, in real‐life practice the core nursing contribution is that of the healthcare mediator. Eight bundles of activity that comprise this intermediary role are described utilising evidence (...) from the literature. The mismatch between nursing's culture and ideals and the structure and constraints of the work setting is a chronic source of practitioner dissatisfaction. It is argued that the profession has little to gain by pursuing an agenda of holistic patient care centred on emotional intimacy and that an alternative occupational mandate focused on the healthcare mediator function might make for more humane health services and a more viable professional future. (shrink)

Confucian thinkers seem to have had something like our present concept of empathy long before that notion was self-consciously available in the West. Wang Yang-Ming’s talk of forming one body with others and similar ideas in the writings of Cheng Hao and, much earlier, of Mengzi make it clear that the Confucian traditions not only had the idea of empathy but saw its essential relation to phenomena like compassion, benevolence, and sympathy that are constitutive of the altruistic side of morality. (...) Nowadays, there is increasing interest among Western psychologists and philosophers in the phenomenon of empathy, and it would be lovely and welcome if, having originated these ideas, Chinese philosophers would now take up and help develop what has recently been said and done about empathy, and its relation to altruism, in the West. (shrink)

The rapid development and roll-out of COVID-19 vaccines has been a surprising success of the pandemic and has likely saved hundreds of thousands of lives. Although most people were eager to receive a vaccine, many jurisdictions introduced mandates to ensure rapid uptake in the population, especially among key workers including healthcare workers. In some instances, individuals who can prove they have recovered from COVID-19 have been exempt from vaccine mandates, but in other cases such exemptions have not been made. Pugh (...) et al argue that such exemptions for those already immune ought to be included in COVID-19 vaccine mandates.1 They review the evidence on infection-induced and vaccine-induced immunity and show that that there is not evidence that vaccines offer better protection against severe COVID-19 or of SARS-CoV-2 infection. They argue that to treat people differently based on the source of their COVID-19 immunity is wrongful discrimination, with this discrimination bringing harms in the form of unjust restriction of liberty and negative consequences such as lost employment. I agree with Pugh et al ’s view that, given the available evidence, infection-induced immunity to SARS-CoV-2 ought to be treated as equivalent to vaccine-induced immunity for the purposes of most COVID-19 vaccine mandates. However, their article highlights the need for clarity in the rationale for mandates. This clarity is necessary to be able to identify when exemptions are appropriate. It may be the case that in some instances infection-induced immunity ought not to be grounds for exemption. Pugh et al ’s argument also suggests that collection of data on infection-induced immunity may be a requirement for ethical vaccine mandates. To be confident in such exemptions, we need evidence that infection-induced immunity is comparable to vaccine-induced immunity in the …. (shrink)

Perhaps the most contentious part of the response to the Covid-19 pandemic has been the decision by governments to mandate—or effectively mandate—the shutdown of certain businesses. The justification for doing so is broadly consequentialist. The public health costs of not shutting down are so great that potential benefits from allowing businesses to open are dwarfed. Operating within this consequentialist framework, this paper identifies an underappreciated set of social costs that are a product of the present public policy that (...) pairs mandated shutdowns with government subsidies. Such policy is prone to being an instance of what Robert Higgs calls the ratchet effect. Given that ratchets tend to be both costly and sticky, it is best to avoid allowing them to come into existence. This paper identifies a way of circumventing this particular ratchet; namely, by replacing governmental subsidies with support from private charitable funds like The Barstool Fund. (shrink)

Stoltenberg, G. Freies und imperatives Mandat.--Kaltefleiter, W. und Veen, H.-J. Von der Demokratie zur Delegiertenherrschaft.--Bromme, P. Meinungsfreiheit in der parlamentarischen Demokratie.

When the HPV vaccine was released over a decade ago, there was intense opposition to mandating the vaccine, including among bioethics and legal scholars. Some of the original concerns are now obsolete, while other objections continue to present an obstacle to mandating the vaccine. This essay responds to earlier critiques of mandatory HPV vaccination and offers a series of arguments in support of a vaccine mandate. The first section briefly addresses initial concerns that are no longer relevant. The second (...) section makes the ethical case for mandating HPV vaccination, based on three principles: 1) the best interests of children, 2) solidarity, and 3) health equity. The final section addresses concerns related to implementation of the vaccine, including the validity of linking vaccination to school entry. The essay concludes that we have a moral imperative to protect children from the leading cause of cervical cancer, and that mandating HPV vaccination is the best way to ensure that children of all backgrounds receive the vaccine before they have been exposed to the virus. (shrink)

Alerting regulatory and professional bodies to lawyer misconduct has traditionally been a predominantly reactionary process, heavily reliant upon client complaint. It cannot be assumed, however, that client complaint will unearth all forms of lawyer misconduct. Accordingly, there is a legitimate question over whether lawyers should, as members of a profession, perform a self-policing function in reporting their peers' misconduct to the relevant body. The point assumes especial significance in the Australian context because Australia is unique, vis-à-vis comparable common law jurisdictions, (...) in not imposing any general professional obligation to report. This article addresses the core issues to be addressed in the debate surrounding whether or not Australian regulators ought to follow the lead of those other jurisdictions. (shrink)

Alerting regulatory and professional bodies to lawyer misconduct has traditionally been a predominantly reactionary process, heavily reliant upon client complaint. It cannot be assumed, however, that client complaint will unearth all forms of lawyer misconduct. Accordingly, there is a legitimate question over whether lawyers should, as members of a profession, perform a self-policing function in reporting their peers' misconduct to the relevant body. The point assumes especial significance in the Australian context because Australia is unique, vis-à-vis comparable common law jurisdictions, (...) in not imposing any general professional obligation to report. This article addresses the core issues to be addressed in the debate surrounding whether or not Australian regulators ought to follow the lead of those other jurisdictions. (shrink)

The proposal to create a chamber selected by sortition would extend this democratic procedure into the legislative branch of government. However, there are good reasons to believe that, as currently conceived by John Gastil and Erik Olin Wright, the proposal will fail to realize sufficiently two fundamental democratic goods, namely, political equality and deliberative reasoning. It is argued through analysis of its historic and contemporary application that sortition must be combined with other institutional devices, in particular, rotation of membership and (...) limited mandate, in order to be democratically effective and to realize political equality and deliberative reasoning. An alternative proposal for a responsive sortition legislature is presented as more realistic and utopian: one that increases substantially the number of members, makes more extensive use of internal sortition and rotation, and recognizes the importance of establishing limited mandates. (shrink)

I critically examine a common liberal egalitarian view about the justification for, and proper content of, mandatory health insurance. This view holds that a mandate is justified because it is the best way to ensure that those in poor health gain health insurance on equitable terms. It also holds that a government should mandate what a representative prudent individual would purchase for themselves if they were placed in fair conditions of choice. I argue that this common justification for (...) a mandate is incomplete. A further reason for mandated insurance is that it helps secure social egalitarian public goods that would be underprovided if insurance were optional. I also argue that rather than mandating what a representative individual would choose for themselves, we should design the mandatory package by appealing to a pluralistic egalitarian view, which cares about improving people’s well-being, reducing unfair inequality, and maintaining egalitarian social relations. (shrink)

This special issue of Philosophy and Social Criticism is dedicated to James Bernauer, S.J. on the occasion of his retirement from full-time teaching. It contains original essays from Bernauer’s stu...

No provision of the Patient Protection and Affordable Care Act has proven to be more contentious than the so-called “individual mandate.” Starting in 2014, the mandate will impose a penalty on non-exempt individuals who lack health insurance. According to Congress, the mandate is essential to ensuring near universal coverage. Without it, PPACA’s insurance reforms will lead healthy individuals to delay purchasing health insurance until they require medical care, resulting in risk pools with a disproportionate share of high-risk (...) people. The price of insurance will then climb, causing more and more not-so-sick people to forego health insurance. The resulting “death spiral” will make insurance unaffordable to many more Americans. (shrink)

There is no one New Testament interpretation of baptism, but there is one New testament way of interpreting baptism. Its structural characteristics should inform our own gospel-interpretation of baptism.

Truth commissions are increasingly common after conflict and authoritarian rule, yet we know little about the different ways they are being used. Despite recent efforts to bridge conceptual gaps and resolve disagreement over the universe of cases, TCs are notoriously undertheorised and proponents have yet to answer why their record is so inconsistent. Through developing a typological approach to TCs, the article lays the groundwork for exploring the forms they need to take to have an impact. It argues for a (...) more nuanced understanding of the term that captures both the breadth of current practice and recasts conceptual debates on the spectrum of design options that are available to policymakers but are often overlooked. The findings are important as they offer a first set of impressions on emerging spatial and temporal patterns and trends that are developing due to the purported transnational diffusion and social learning of ideas about TCs. (shrink)

Hastings Center Report, Volume 52, Issue 1, Page 8-9, January/February 2022.

The purpose of this paper is to examine Takada Shinji’s (1893–1975) view of the ‘Mandate of Heaven (天命 tenmei)’. Takada understood the ‘Imperial Way (皇道 kōdō)’ as one of two axes, the ‘Mandate of Heaven’ and the ‘Rectification of Names (正名 seimei)’, together they made possible a theoretical systematization of the ‘Imperial Way’ discourse as well as its concrete political embodiment. It is undeniable that the ideas of the ‘Imperial Way’ received heavy criticism after WWII. Because it was (...) used as a problematic ideology in Imperial Japan. Nonetheless, it is necessary to grasp its original meaning as understood by its theoretical founder and innovators. This paper thus turns to examine Takada’s unique understanding of the ‘Mandate of Heaven’ from the belief that such an examination should precede before starting a more systematic and comprehensive discussion of the ‘Imperial Way’ discourse. (shrink)