The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional practice (...) of the new legislation and regulation. Recognition of these concerns may help in forging a new partnership between professionals and patients and their families. (shrink)

The moral and professional anguish experienced by the medical student in response to the request is a fundamental sentiment that needs to be retained within the ethos of the medical community. Especially as laws on professional assistance in dying undergo increasing liberalization, society should not want its physicians (or its prospective physicians) to either be so callous, so lacking in compassion that they would dismiss such a patient request out-of-hand, or to be so cavalierly accustomed to acquiescing in such requests (...) that it simply becomes a routine pattern. Either approach on its own betrays the moral integrity of medicine. We instead want those professionals who are present to us in our dying to express both care and respect, to display both compassion and dignity for the dying person, even when, as in this circumstance, these core values come into conflict. In such a situation, moral anguish protects both the professional and the patient, not to mention society, from callous paternalism and/or callous indifference. (shrink)

Healthcare Ethics, Law and Professionalism: Essays on the Works of Alastair V Campbell features 15 original essays on bioethics, and healthcare ethics specifically. The volume is in honour of Professor Alastair V Campbell, who was the founding editor of the internationally-renowned Journal of Medical Ethics, and the founding director of three internationally leading centres in bioethics, in Otago, New Zealand, Bristol, UK, and Singapore. Campbell was trained in theology and philosophy and throughout his career worked with colleagues from various disciplines, (...) including law and various branches of healthcare. The diversity of topics and depth of contributors' insights reflect the breadth and impact of Campbell's philosophical work and policy contributions to healthcare ethics. Throughout his long academic career, Campbell's emphasis on healthcare ethics being practice-oriented, yet driven by critical reflection, has shaped the field in vital ways. The chapters are authored by leading scholars in healthcare ethics and law. Directly engaging with Campbell's work and influence, the essays discuss essential questions in healthcare ethics relating to its methodology and teaching, its intersection with law and policy, medical professionalism, religion, and its translation in different cultural settings. Chapters also grapple with specific enduring topics, such as the doctor-patient relationship, justice in health and biomedical research, and treatment of the human body and the dead. (shrink)

Books have their origins in conversations and seek to extend and expand those conversations over time and with different audiences. The conversations that have culminated in this book were initially stimulated through a research project at The Hastings Center on the role of religious voices in the professional fields of bioethical inquiry. Those professional conversations have continued throughout my academic career as a member of various institutional ethics committees, organizational ethics task forces, and in local, state, and national public policy (...) settings. The professional context of bioethics conversations can sometimes miss the richness of conversations that occur in the classroom and with various communities, including family members, friends, and religious and civic communities. These conversations provide an experiential depth, a groundedness in the lives and stories of persons, which augments and corrects the professionalized perspectives. I have been particularly fortunate and appreciative of opportunities to bridge the academic and professional with the personalized and communal through conversations about the ethical commitments and moral culture cultivated by The Church of Jesus Christ of Latter-day Saints (LDS or Mormon). I was invited to develop an overview essay on "Bioethics in Mormonism" for the professional reference work, Encyclopedia of Bioethics (3rd ed., 2004), and some years later received my first invitation to make a presentation on "LDS Ethics" in an academic setting at the University of Virginia. This book is the outgrowth of these many conversations and seeks to advance my communal bridging. My aim in this book is to begin bridging these various intersections between the LDS religious community and its moral culture, the professional fields of bioethics, and practical decision-making. This work seeks to be a catalyst for expanding discourse within the interdisciplinary field of Mormon studies to include ethics and bioethics. Ethics has not been a well-developed area in Mormon studies, in contrast to studies in LDS history, theology, or literature. To remedy this oversight, I present a substantive interpretation of the sources, theological background, and moral principles of LDS ethics. The historical narratives and conceptual intertwining I offer of both bioethics and of LDS moral culture is intended to complement and expand the realm of Mormon studies. A further objective is to create opportunities for reciprocal dialogues between the bioethics community and LDS scholarship. This conversation has yet to occur within academic disciplines, professional communities, or in public policy deliberations. My exposition, analysis, and critiques will intertwine and contextualize LDS moral values and health care practices within the ethical inquiry undertaken in the broader professional scholarship of bioethics. My arguments will disclose some points of common ground as well as areas of divergence towards the end of establishing the LDS faith tradition as a community of moral discourse for the bioethics field and the healing professions (medicine, nursing, pharmacy, etc.) it informs. My claim is that given its emerging cultural prominence, LDS ethical scholarship should engage in bioethical literacy and bioethics should be LDS-literate. I am also engaged in an effort to initiate more reflective dialogues regarding LDS ethics and moral culture among LDS scholars, LDS health care professionals, and the interested general LDS reader. The focus of the book on the interrelationship of religion, ethics, medicine, and health care should present for these various audiences new opportunities for mindful reflection and creative scholarship on the ethical implications of faith commitments, the responsibilities of the healing professions, and religious dimensions of public policy and public bioethics. A religious community that is formed through narratives and practices of covenantal commitments of love of neighbor needs to have a robust discourse about its ethical character. I have understood my scholarship in biomedical ethics and in religious ethics through a linking metaphor of my moral culture, of medicine, and the law, of bearing witness. The witness offers moral realities, moral truths about the way things are, vocalizes and embodies moral experience, and prophetically critiques the hypocrisies of the powerful and their oppression of the vulnerable by offering a new story, a re-storying, of tradition and conventional practice. (shrink)

Books have their origins in conversations and seek to extend and expand those conversations over time and with different audiences. The conversations that have culminated in this book were initially stimulated through a research project at The Hastings Center on the role of religious voices in the professional fields of bioethical inquiry. Those professional conversations have continued throughout my academic career as a member of various institutional ethics committees, organizational ethics task forces, and in local, state, and national public policy (...) settings. The professional context of bioethics conversations can sometimes miss the richness of conversations that occur in the classroom and with various communities, including family members, friends, and religious and civic communities. These conversations provide an experiential depth, a groundedness in the lives and stories of persons, which augments and corrects the professionalized perspectives. I have been particularly fortunate and appreciative of opportunities to bridge the academic and professional with the personalized and communal through conversations about the ethical commitments and moral culture cultivated by The Church of Jesus Christ of Latter-day Saints (LDS or Mormon). I was invited to develop an overview essay on "Bioethics in Mormonism" for the professional reference work, Encyclopedia of Bioethics (3rd ed., 2004), and some years later received my first invitation to make a presentation on "LDS Ethics" in an academic setting at the University of Virginia. This book is the outgrowth of these many conversations and seeks to advance my communal bridging. My aim in this book is to begin bridging these various intersections between the LDS religious community and its moral culture, the professional fields of bioethics, and practical decision-making. This work seeks to be a catalyst for expanding discourse within the interdisciplinary field of Mormon studies to include ethics and bioethics. Ethics has not been a well-developed area in Mormon studies, in contrast to studies in LDS history, theology, or literature. To remedy this oversight, I present a substantive interpretation of the sources, theological background, and moral principles of LDS ethics. The historical narratives and conceptual intertwining I offer of both bioethics and of LDS moral culture is intended to complement and expand the realm of Mormon studies. A further objective is to create opportunities for reciprocal dialogues between the bioethics community and LDS scholarship. This conversation has yet to occur within academic disciplines, professional communities, or in public policy deliberations. My exposition, analysis, and critiques will intertwine and contextualize LDS moral values and health care practices within the ethical inquiry undertaken in the broader professional scholarship of bioethics. My arguments will disclose some points of common ground as well as areas of divergence towards the end of establishing the LDS faith tradition as a community of moral discourse for the bioethics field and the healing professions (medicine, nursing, pharmacy, etc.) it informs. My claim is that given its emerging cultural prominence, LDS ethical scholarship should engage in bioethical literacy and bioethics should be LDS-literate. I am also engaged in an effort to initiate more reflective dialogues regarding LDS ethics and moral culture among LDS scholars, LDS health care professionals, and the interested general LDS reader. The focus of the book on the interrelationship of religion, ethics, medicine, and health care should present for these various audiences new opportunities for mindful reflection and creative scholarship on the ethical implications of faith commitments, the responsibilities of the healing professions, and religious dimensions of public policy and public bioethics. A religious community that is formed through narratives and practices of covenantal commitments of love of neighbor needs to have a robust discourse about its ethical character. I have understood my scholarship in biomedical ethics and in religious ethics through a linking metaphor of my moral culture, of medicine, and the law, of bearing witness. The witness offers moral realities, moral truths about the way things are, vocalizes and embodies moral experience, and prophetically critiques the hypocrisies of the powerful and their oppression of the vulnerable by offering a new story, a re-storying, of tradition and conventional practice. (shrink)

Drug Safety Communications are used by the Food and Drug Administration to inform health care providers, patients, caregivers, and the general public about safety issues related to FDA-approved drugs. To assess patient knowledge of the messaging contained in DSCs related to the sleep aids zolpidem and eszopiclone, we conducted a large, cross-sectional patient survey of 1,982 commercially insured patients selected by stratified random sampling from the Optum Research Database who had filled at least two prescriptions for either zolpidem or eszopiclone (...) between July 1, 2012 and June 30, 2013. Among the 594 respondents, two-thirds reported hearing generally about drug safety information prior to starting a new drug, with the remaining one-third “rarely” or “never” hearing such information. Providers and pharmacists were primary sources of drug safety information. Two-thirds of zolpidem users and half of eszopiclone users reported having heard about the related DSC messages, ability to accurately identify the major factual messages was limited. Respondents reacted to new drug safety information about their sleep aids by reporting that they would want to learn about alternative ways to help them sleep and seek out more information about the safety of their specific sleeping pill. Opportunities may exist for the FDA to work with providers and pharmacies to help ensure the DSC information is more widely received and is more fully understood by those taking the affected medications. (shrink)

Is there any important distinction between a law and a theory? Some usages suggest that there is. Thus, everyone speaks of Boyle's Law and of the dynamical theory of gases. But the most summary inquiry will show that the distinction is not maintained consistently by individual authors, still less as between different authors; the terms “Newtonian law” and “theory of gravitation” seem to be used indifferently to denote the same proposition.

Nanomedicine is yielding new and improved treatments and diagnostics for a range of diseases and disorders. Nanomedicine applications incorporate materials and components with nanoscale dimensions where novel physiochemical properties emerge as a result of size-dependent phenomena and high surface-to-mass ratio. Nanotherapeutics and in vivo nanodiagnostics are a subset of nanomedicine products that enter the human body. These include drugs, biological products, implantable medical devices, and combination products that are designed to function in the body in ways unachievable at larger scales. (...) Nanotherapeutics andin vivonanodiagnostics incorporate materials that are engineered at the nanoscale to express novel properties that are medicinally useful. These nanomedicine applications can also contain nanomaterials that are biologically active, producing interactions that depend on biological triggers. Examples include nanoscale formulations of insoluble drugs to improve bioavailability and pharmacokinetics, drugs encapsulated in hollow nanoparticles with the ability to target and cross cellular and tissue membranes and to release their payload at a specific time or location, imaging agents that demonstrate novel optical properties to aid in locating micrometastases, and antimicrobial and drug-eluting components or coatings of implantable medical devices such as stents. (shrink)

Moral conclusions cannot validly be inferred from nonmoral premises – this principle, commonly called “Hume’s law,” presents a conundrum. On one hand, it seems obviously true, and its truth is often simply taken for granted. On the other hand, an ingenious argument by A. N. Prior seems to refute it. My aim here is a resolution. I shall argue, first, that Hume’s law is ambiguous, admitting both a strong and a weak interpretation; second, that the strong interpretation is false, as (...) shown by Prior’s argument; and, third, that the weak interpretation is true. (shrink)

D. M. Armstrong is an eminent Australian philosopher whose work over many years has dealt with such subjects as: the nature of possibility, concepts of the particular and the general, causes and laws of nature, and the nature of human consciousness. This collection of essays explores the many facets of Armstrong's work, concentrating on his more recent interests. There are four sections to the book: possibility and identity, universals, laws and causality, and philosophy of mind. The contributors comprise an international (...) group of philosophers from the United States, England and Australia. An interesting feature of the volume is that Armstrong himself has written responses to each of the essays. There is also a complete bibliography of Armstrong's writings. (shrink)

I argue that Plato believes that the soul must be both the principle of motion and the subject of cognition because it moves things specifically by means of its thoughts. I begin by arguing that the soul moves things by means of such acts as examination and deliberation, and that this view is developed in response to Anaxagoras. I then argue that every kind of soul enjoys a kind of cognition, with even plant souls having a form of Aristotelian discrimination (...) (krisis), and that there is therefore no completely unintelligent, evil soul in the cosmos that can explain disorderly motions; as a result, the soul is not the principle of all motion but only motion in the cosmos after it has been ordered by the Demiurge. (shrink)

In February 2014, the Belgian Parliament passed legislation allowing euthanasia for terminally ill children of all ages by 86 votes to 44, with 12 abstentions. The Bill became law in early March after being signed by the King, making Belgium the first country in the world to abolish age restrictions for euthanasia. Previously, the youngest age at which euthanasia was permitted was 12 years old in The Netherlands.1Euthanasia was legalised in Belgium in 2002, and the new legislation introduces amendments to (...) the law extending euthanasia to minors in certain circumstances. Euthanasia is now permissible for children of all ages where the child has a “terminal and incurable illness”, experiences “constant and unbearable physical suffering”, and death is expected to occur within a “brief period”. The child must be deemed capable of making the decision, and have the agreement of their parents.Belgian law sets no timetable for euthanasia from the point at which the patient first expresses a wish to die. As with adults seeking euthanasia, any request must be made in writing. A physician and “outsider” brought in to give a second opinion must agree upon the diagnosis and prognosis, and a paediatric psychiatrist or psychologist must certify in writing that the child possesses “the capacity of discernment”. Following this, the child's physician must meet with the parents to inform them of the outcome of the consultation and ensure they are in agreement with the child's request. The child and the family must receive psychological care and support if so desired.The move provoked heated debate and divided the medical, legal and political professions in Belgium. A group of 160 of the country's paediatricians opposed a change in the law, citing concerns about the largely subjective assessment of the “capacity of discernment”, and drawing attention to advances in …. (shrink)

There is a major debate as to whether there are non-causal mathematical explanations of physical facts that show how the facts under question arise from a degree of mathematical necessity considered stronger than that of contingent causal laws. We focus on Marc Lange’s account of distinctively mathematical explanations to argue that purported mathematical explanations are essentially causal explanations in disguise and are no different from ordinary applications of mathematics. This is because these explanations work not by appealing to what the (...) world must be like as a matter of mathematical necessity but by appealing to various contingent causal facts. (shrink)

In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive way (...) that stresses their connections to other disciplines, including the humanities, and that puts humanity qua humanity back in the picture. I then argue that being led by Plato’s philosophy to return humanity conceptually to the natural world can improve our thinking regarding climate change and other important environmental crises. (shrink)

Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, (...) The Legal Theory of Ethical Positivism (1996). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights. (shrink)

Doctors and medical students in the UK have voted in support of the decriminalisation of abortion for women who self-administer abortions and healthcare professionals who provide abortions within the context of their clinical practice. Abortion should be treated as a medical issue rather than a criminal one. ### Background to the vote The vote took place at the end of June during the British Medical Association’s Annual Representative Meeting, where representatives of doctors and medical students from across the British Isles (...) gathered to set BMA policy through democratic procedures. Representatives considered the issue of decriminalisation during a 2-hour debate, where diverse and opposing viewpoints were heard. The debate was informed by a neutral discussion paper that was published by the BMA in February, which provided a guide to some of the key legal and ethical issues raised by the debate around decriminalisation.1 The BMA’s new policy only relates to whether abortion should or should not be a criminal offence; the policy does not address the broader issue of when and how abortion should be available. The BMA has established policy on these issues which remains unchanged.2 ### The law on abortion Induced abortion is currently a crime throughout the British Isles. There are, however, a range of exceptions to the crime laid out in statute and/or common law, for example, in England, Scotland and Wales, under the Abortion Act 1967. Any healthcare professionals operating within those defined exceptions, which include grounds for authorising an abortion and procedural requirements, can lawfully carry out an abortion as a clinical procedure. Outside these defined exceptions, the criminal offences potentially apply both to those who participate in carrying out abortions for others, including doctors, nurses and midwives, and to women who carry out abortions on themselves. For example, healthcare professionals who do not follow procedural requirements can attract criminal sanctions …. (shrink)

So-called ‘distinctively mathematical explanations’ (DMEs) are said to explain physical phenomena, not in terms of contingent causal laws, but rather in terms of mathematical necessities that constrain the physical system in question. Lange argues that the existence of four or more equilibrium positions of any double pendulum has a DME. Here we refute both Lange’s claim itself and a strengthened and extended version of the claim that would pertain to any n-tuple pendulum system on the ground that such explanations are (...) actually causal explanations in disguise and their associated modal conditionals are not general enough to explain the said features of such dynamical systems. We argue and show that if circumscribing the antecedent for a necessarily true conditional in such explanations involves making a causal analysis of the problem, then the resulting explanation is not distinctively mathematical or non-causal. Our argument generalises to other dynamical systems that may have purported DMEs analogous to the one proposed by Lange, and even to some other counterfactual accounts of non-causal explanation given by Reutlinger and Rice. (shrink)

### High Court rejects assisted dying challenge The High Court has rejected the latest challenge to the law on assisted dying in the UK, brought by Noel Conway. Mr Conway, a retired college lecturer, was diagnosed with motor neuron disease in 2012. Since his diagnosis, his health has deteriorated and he is dependent on ever-increasing levels of assistance with daily life, including the use of non-invasive ventilation to help him breathe. He sought a declaration from the court that section 2 (...) of the Suicide Act 1961 was incompatible with his right to a private and family life under Article 8 of the European Convention on Human Rights. As part of his case, Mr Conway submitted the outline of an alternative statutory scheme, which he argued, if implemented, would provide sufficient safeguards. He submitted that the prohibition on assisted suicide should not apply where an individual is aged 18 and over; has been diagnosed with a terminal illness and has a clinically assessed prognosis of 6 months or less to live; has the mental capacity to make the decision; makes that decision in a voluntary, clear and settled manner; and retains the ability to undertake the final act. Additionally, two doctors must confirm that the individual meets the criteria, and permission for the provision of assistance must be authorised by a High Court judge. Previous challenges to the UK law on assisted dying, including Pretty and Nicklinson, had established that section 2 of the Suicide Act does engage individual’s Article 18 rights, but that such an interference could be justified under Article 8 of the ECHR, which permits interference ‘such as is in accordance with the law and necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country’. The question …. (shrink)

In February 2014, the Belgian Parliament passed legislation allowing euthanasia for terminally ill children of all ages by 86 votes to 44, with 12 abstentions. The Bill became law in early March after being signed by the King, making Belgium the first country in the world to abolish age restrictions for euthanasia. Previously, the youngest age at which euthanasia was permitted was 12 years old in The Netherlands.1Euthanasia was legalised in Belgium in 2002, and the new legislation introduces amendments to (...) the law extending euthanasia to minors in certain circumstances. Euthanasia is now permissible for children of all ages where the child has a “terminal and incurable illness”, experiences “constant and unbearable physical suffering”, and death is expected to occur within a “brief period”. The child must be deemed capable of making the decision, and have the agreement of their parents.Belgian law sets no timetable for euthanasia from the point at which the patient first expresses a wish to die. As with adults seeking euthanasia, any request must be made in writing. A physician and “outsider” brought in to give a second opinion must agree upon the diagnosis and prognosis, and a paediatric psychiatrist or psychologist must certify in writing that the child possesses “the capacity of discernment”. Following this, the child's physician must meet with the parents to inform them of the outcome of the consultation and ensure they are in agreement with the child's request. The child and the family must receive psychological care and support if so desired.The move provoked heated debate and divided the medical, legal and political professions in Belgium. A group of 160 of the country's paediatricians opposed a change in the law, citing concerns about the largely subjective assessment of the “capacity of discernment”, and drawing attention to advances in …. (shrink)

In this article, I approach some phenomena seen predominantly on social-media sites that are grouped together as cancel culture with guidance from two major themes in Plato’s thought. In the first section, I argue that shame can play a constructive and valuable role in a person’s improvement, just as we see Socrates throughout Plato’s dialogues use shame to help his interlocutors improve. This insight can help us understand the value of shaming people online for, among other things, their morally reprehensible (...) views. In the second section, I argue that it is required for the proper functioning of democratic institutions that some views be excluded from the public sphere, which follows some Platonic ideas from the Laws. In neither case do I argue that this approach is good in an unqualified sense or even ultima facie good. However, I maintain that these important insights from Plato’s dialogues illuminate crucial aspects of how we should think about cancel culture. (shrink)

It is argued that de Vries did not see Mendel's paper until 1900, and that, while his own theory of inheritance may have incorporated the notion of independent units, this pre-Mendelian formulation was not the same as Mendel's since it did not apply to paired hereditary units. Moreover, the way in which the term ‘segregation’ has been applied in the secondary literature has blurred the distinction between what is explained and the law which facilitates explanation.

The counterfactual account of physical computation is simple and, for the most part, very attractive. However, it is usually thought to trivialize the notion of physical computation insofar as it implies ‘limited pancomputationalism’, this being the doctrine that every deterministic physical system computes some function. Should we bite the bullet and accept limited pancomputationalism, or reject the counterfactual account as untenable? Jack Copeland would have us do neither of the above. He attempts to thread a path between the two horns (...) of the dilemma by buttressing the counterfactual account with extra conditions intended to block certain classes of deterministic physical systems from qualifying as physical computers. His theory is called the ‘algorithm execution account’. Here we show that the algorithm execution account entails limited pancomputationalism, despite Copeland’s argument to the contrary. We suggest, partly on this basis, that the counterfactual account should be accepted as it stands, pancomputationalist warts and all. (shrink)

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, (...) the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself. (shrink)

### Royal College of Physicians adopts neutral position on assisted dying In March 2019, the RCP announced that it would adopt a neutral position on assisted dying, following a survey of its UK fellows and members.1 The College had previously polled members and fellows on what the RCP position should be in 2014, at that time 44.4% of respondents thought the RCP should be opposed to assisted dying; 31% thought it should be neutral or have no position; and 24.6% thought (...) it should be in favour. On the basis of these figures, the College reaffirmed its position opposing assisted dying.2 In announcing the 2019 survey, the College’s Council resolved that they would require a ‘supermajority’ of 60% to adopt a position either supporting or opposing a change in the law; if no such majority was received, the College would move to a position of neutrality. This approach was not without controversy, and a legal challenge to the Council’s decision is pending.3 In response to the question of what the RCP’s position should be, 43.4% thought the RCP should be opposed; 31.6% thought the RCP should be supportive; and 25% thought the RCP should adopt a neutral position. Without a supermajority of 60% either way, the College’s position became one of neutrality.1 ### New Jersey legalises assisted suicide for the terminally ill New Jersey has become the ninth jurisdiction in the USA to legalise physician-assisted suicide after legislation was passed by the State senate in April 2019.4 The Medical Aid in Dying for the Terminally Ill Act will permit terminally ill adults, with 6 months or less to live, to request physician assistance in ending their life. Two doctors must confirm the patient’s diagnosis, prognosis, decision-making capacity and the voluntariness of their request, and if satisfied, can prescribe lethal medication, which the patient must self-administer. …. (shrink)

We attempt a conclusive resolution of the debate over whether the principle of natural selection (PNS), especially conceived as the `principle' of the `survival of the fittest', is a tautology. This debate has been largely ignored for the past 15 years but not, we think, because it has actually been settled. We begin by describing the tautology objection, and situating the problem in the philosophical and biology literature. We then demonstrate the inadequacy of six prima facie plausible reasons for believing (...) that the tautology debate has been satisfactorily resolved (the PNS is strictly a methodological principle; scientific theories can contain tautologies; the scope of the PNS has been reduced; theories should be understood as models and not exceptionless laws; the widespread acceptance of the propensity interpretation of fitness; and the abandonment of operationalism and verificationism). We proceed to a detailed discussion of Brandon's law (D) describing the PNS, and show that law (D) seriously misrepresents the structure of evolution by natural selection. In the final sections, we provide and defend a novel reinterpretation of the structure of the principle (or, we prefer, model) of evolution by natural selection. (shrink)

In February 2020, the British Medical Association will be surveying members for their views on what the BMA’s position on physician-assisted dying should be. The BMA is currently opposed to physician-assisted dying in all its forms, a position that was agreed in 2006 at the annual representative meeting, the Association’s policy-making conference.1 As previously reported in Ethics briefing,2 the decision to survey members follows a motion passed at last year’s ARM which called on the BMA to “carry out a poll (...) of members to ascertain their views on whether the BMA should adopt a neutral position with respect to a change in the law on assisted dying”. The results from the survey will not determine BMA policy. Rather, the results be published ahead of this year’s ARM and provided to those attending to inform a debate and discussion on the BMA’s policy position. More information about the survey, including a briefing pack of useful information, and information for BMA members on how to participate can be found online at www.bma.org.uk/PAD. ### High Court rejects Judicial reviews on assisted suicide The High Court has refused permission for two separate challenges to the law on assisted suicide in the UK to proceed to a full hearing. In the first case, Phil Newby, who has motor neuron disease, applied for judicial review of the law on assisted suicide and asked for the court to carry out a detailed examination of what he termed “legislative facts” – that is, an examination of the existing evidence on the “costs, risks and benefits” of regulating assisted suicide – including a cross-examination of relevant expert witnesses.1 Handing down the judgement, Lord Justice Irwin and Mrs Justice May, held that assisted dying …. (shrink)

Sex work’s governance throughout the Commonwealth has historically been animated by the objective of rendering the sale of sex, and those who engage in such transactions, invisible. To achieve this end, lawmakers have characterized public, viewable sex work as a nuisance meriting criminalization. Although prohibition results in unequivocal perils for sex workers, governance strategies in this domain remain centred on criminalization. A new law in Canada, Bill C-36: the Protection of Communities and Exploited Persons Act, exemplifies this point. While Bill (...) C-36 purports to shift criminal law’s focus from sex workers to their clients and profiteers, it continues to expose sex workers who work in public view to criminal prosecution. It thereby preserves sex work’s characterization as a nuisance, offensive to a community’s senses and deserving of proscription. Although Bill C-36 proclaims to promote dignity and equality rights, it prioritizes the interests of communities over those of sex workers. In the result, this new law will revoke sex workers’ social and political citizenship and thwart their personal security. (shrink)

The main focus of this paper ison ways in which Kantian philosophy can informproponents and opponents of constructivismalike. Kant was primarily concerned withreconciling natural and moral law. His approachto this general problematic was to limit andseparate what we can know about things(phenomena) from things as they are inthemselves (noumena), and to identify moralagency with the latter. Revisiting the Kantianproblematic helps to address and resolve longstanding epistemological concerns regardingconstructivism as an educational philosophy inrelation to issues of objectivity andsubjectivity, the limits of (...) theoretical andpractical reason, and the relation betweenhuman experience and the world. It also servesto address ethical concerns regardingliberation from limited self-interests andcontexts conditioned by localised beliefs andinclinations. In light of revisiting theKantian problematic, both Glasersfeld's radicalview of constructivism and Jardine's socialcritique of constructivism are found wanting.Beyond constructivism, Kant's distinctionbetween phenomena and noumena and the limits ofreason that follow from it are brieflyconsidered in terms of Merleau-Ponty's noveldouble-embodied notion of flesh as anontological primitive – as a matter of beingboth in, and of, the world – with an aim tomore intimate connections between epistemologyand ethics. (shrink)

The article suggests a reading of the 1st edition of H. L. A. Hart, The Concept of Law (1961) which involves bringing to the fore the elements of moral prescription which accompany the descriptive/explanatory intent which Hart himself explicitly espouses. Thus, the functionalist account of the emergence of secondary rules in complex societies draws on the importance of social benefits, relating to justice and efficiency, benefits which Hart endorses. Consideration is then given to how the posthumous Postscript in the 2nd (...) edition of The Concept of Law (1994) might be rewritten to take into account responses to Dworkin other than those adopted by Hart in the Postscript. The alternative of a tentative form of prescriptive ‘hard’ legal positivism would better preserve the prescriptive ingredients evident in the 1st edition and assist in the regeneration of contemporary analytic legal philosophy within the Hartian traditionResumen:Este artículo propone una lectura de la primera edición de El concepto de derecho (1961), de H. L. A. Hart, en la cual se recuperan los elementos de prescripción moral que acompañan a la tesis descriptiva/explicativa que Hart explícitamente defendió. De tal modo, la tesis funcionalista del surgimiento de normas secundarias en sociedades complejas depende de la importancia de los beneficios sociales, relacionados con la justicia y la eficiencia, los cuales Hart suscribe. Después se llama la atención sobre la forma en que el Post Scriptum a la segunda edición de El concepto de derecho (1994), publicado póstumamente, podría ser reescrito para tomar en cuenta respuestas a Dworkin distintas a las que ofreció el propio Hart en su Post Scriptum. La alternativa de una forma tentativa de un positivismo jurídico prescriptivo “duro” conservaría de mucho mejor manera los ingredientes prescriptivos que son tan evidentes en la 1a edición, y contribuiría a la regeneración de una filosofía del derecho analítica contemporánea dentro de la tradición hartiana. (shrink)

UN peace operations have increasingly focused on the importance of “local ownership.” The logic is simple. For peace operations to succeed in helping war-torn states to create accountable, democratic institutions grounded in the rule of law, peace operations need to internalize democratic principles by making UN missions accountable to different domestic constituencies—crossing ethnic, religious, racial, social, and gender lines—within the war-torn country. As part of a special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay (...) argues that while there is widespread consensus among UN member states and UN bureaucrats that local ownership is necessary, UN peace operations have faced significant obstacles to creating true local ownership. These obstacles include the UN's focus on host-government ownership; the challenge of creating trust with different domestic constituencies that represent diverse perspectives; the supply-driven nature of UN intervention; and the mismatch between the UN's ideal post-conflict state and the preferences of post-conflict societies. To make UN peace operations more responsive to post-conflict societies, UN staff often have to bend or break rules established only to hold them accountable to their member states. (shrink)

Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow neatly sidesteps the critique of judicial review based on the con- tention that constitutional rights are unacceptably indeterminate by arguing that it is this very indeterminacy that makes a common law method of legal interpretation appropriate. However, his contention that judges are able to ‘discover’ the underlying ‘authentic’ moral views of citizens is insufficiently grounded to meet the objection that common law reasoning utilising such unspecific material will result in (...) controversial decisions that reflect the val- ues and experience of an unrepresentative social and professional elite. He also ignores the important fact that electoral democracy is partly about the protection of vulnerable majorities against powerful minorities. However, Waluchow’s approach could be rendered more acceptable where there is the practical possibility of effective legislative on law style decision-making in the arena of human rights.Resumen:En su libro A Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow de manera elegante y sutil evita la crítica al judicial review con el argumento de que los derechos constitucionales son irremediablemen te indeterminados y sostiene que precisamente por este aspecto de inde terminación un método basado en el common law es adecuado para la in terpretación de los derechos. Sin embargo, su postura de que los jueces son capaces de “descubrir” las perspectivas morales “auténticas” de los ciudadanos no está bien fundamentada como para hacer frente a la crítica de que el método del common law, al utilizar dicho material poco específico, da como resultado decisiones controvertidas que reflejan los valores y experiencia de una elite profesional y social no representativa. También el argumento de Waluchow ignora que la democracia electoral tiene como objetivo proteger a mayorías vulnerables de poderosas minorías. No obstante lo anterior, la tesis de Waluchow puede ser más viable donde exista la posibilidad práctica de una revisión efectiva de las leyes a través de las decisiones propias del método del common law en el ámbito de los derechos humanos. (shrink)

The studies of politics and law are closely related in that both deal with the use of coercive power in society, yet the two disciplines are often curiously isolated from each other. Political theorists are rarely concerned with the specific content and application of the legislation which they regard as one of the main outputs of a political system, while legal academics are, traditionally at least, noted for their general indifference to the political and economic context of the rules and (...) they seek to explain and systemize. (shrink)

Most philosophical explorations of responsibility discuss the topic solely in terms of metaphysics and the "free will" problem. By contrast, these essays by leading philosophers view responsibility from a variety of perspectives -- metaphysics, ethics, action theory, and the philosophy of law. After a broad, framing introduction by the volume's editors, the contributors consider such subjects as responsibility as it relates to the "free will" problem; the relation between responsibility and knowledge or ignorance; the relation between causal and moral responsibility; (...) the difference, if any, between responsibility for actions and responsibility for omissions; the metaphysical requirements for making sense of "collective" responsibility; and the relation between moral and legal responsibility. The contributors include such distinguished authors as Alfred R. Mele, John Martin Fischer, George Sher, and Frances Kamm, as well as important rising scholars. Taken together, the essays in _Action, Ethics, and Responsibility_ offer a breadth of perspectives that is unmatched by other treatments of the topic. Contributors: Joseph Keim Campbell, David Chan, Randolph Clarke, E.J. Coffman, John Martin Fischer, Helen Frowe, Todd Jones, Frances Kamm, Antti Kauppinen, Alfred R. Mele, Michael O'Rourke, Paul Russell, Robert F. Schopp, George Sher, Harry S. Silverstein, Saul Smilansky, Donald Smith, Charles T. Wolfe The hardcover edition does not include a dust jacket. (shrink)

Many critics view Irigaray's work as an extension or deconstruction of a Lacanian paradigm. Few actually analyse it as a direct challenge to Lacanian concepts of symbolic subjectivity, and the consequent, alternative framework this would envisage. This article discusses a poss ible beyond the phallus, in relation to mediating concepts of the female imaginary and symbolic within her work, and an understanding of the female imaginary and symbolic within different feminist interpretations of the maternal imaginary and symbolic, arguing that the (...) imaginary is crucial in delineating a non-separatist cultural sublimation of female desire. Feminist revisions of the Oedipal by Jessica Benjamin and Kaja Silverman are examined in relation to the question of a maternal imagin ary and symbolic. Irigaray objects to Silverman's privileging of a Lacan ian concept of symbolic castration because it cannot negotiate between the literal relation to the body, and the metaphors and language of our cultural symbolic. Her female imaginary and symbolic provide this mediating link in direct challenge to the overly literal penis of Freud's castration complex and the essentially metaphorical nature of Lacan's phallus. Her mediation is related to the work of diverse psychoanalytic thinkers such as Andrew Samuels, Cornelius Castoriadis and Anthony Elliott. Returning to a feminist reading by Margaret Whitford, this article finally negates a Lacanian understanding of these structures and goes on to explore Irigaray's creative bodily imaginary, within two of her papers on analytic practice. Elaboration of a bodily and creative imaginary within the clinical setting can represent necessary mediation between real and symbolic and between the psyche and culture: this HISTORY OF THE HUMAN SCIENCES Vol. 10 No. 2 @ 1997 SAGE Publications (London, Thousand Oaks and New Delhi) pp. 41-60 [0952-6951(199705)10:2] mediation is personified through the hysteric, not through the Oedipal Law of the Father, which is finally the key question in culturally locat ing female desire, thereby connecting the theory of psychoanalysis with practice and with history. (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;The thesis is an examination of the concept of rights. Its aims are analytical and descriptive. No attempt is made to justify any particular possession or denial of rights. It is, however, a theory about rights in general, and not just about either legal or moral rights. This reflects the writer's belief that conceptual problems about the nature of rights can be satisfactorily tackled only if a unified approach (...) is adopted. In each of the first three chapters a leading theory of rights is examined, criticised and rejected. These theories are benefit theories, choice theories, theories of overriding. Particular attention is given to the writings of John Austin, HLA Hart and RM Dworkin. In the fourth chapter Hohfeld's claim for the diversity of rights is examined and rejected as unproven. In the fifth chapter an attempt is made to provide a more satisfactory theory of moral rights. This draws a distinction between rights as assessments of that which the right-holder may do and as assessments of that which others must do for the right-holder. Rights of the first type are explained in terms of a strong sense of permission; those of the second type as an instance of welfare principles. In the succeeding chapter this explanation is extended to legal rights. Finally, an attempt is made to provide a theory of the nature of property rights in general, and of ownership in particular. (shrink)

Previous Ethics briefings have charted the unprecedented developments in relation to the law on abortion in Northern Ireland this year,1 resulting in legislation being passed by the UK government that ‘decriminalised’ abortion in Northern Ireland, up to the point at which a fetus ‘is capable of being born alive’, from 22 October 2019. A new legal framework and supporting guidelines on abortion are now set to be introduced by 31 March 2020—which should reflect the recommendations in the 2018 United Nations’ (...) Committee on the Elimination of Discrimination against Women report on abortion in Northern Ireland.2 ### Interim guidance In anticipation of this period between decriminalisation and the introduction of a new legal framework, on 7 October 2019 the UK government’s Northern Ireland Office published interim factual guidance for healthcare professionals on their responsibilities to patients in light of these changes.3 Among other things, the guidance notes that there are no plans for additional services to be routinely available in Northern Ireland before 31 March 2020. There will, however, be fewer restrictions on which women in Northern Ireland can access funded abortion services in England via the Central Booking Service—doctors should direct women to this service.4 If healthcare professionals do offer additional abortion services in Northern Ireland itself ‘they should do so in line with their professional competence and guidance from their professional body’. The guidance recognises that some women may still purchase drugs that cause abortions online during this interim period. The difference now is that should a woman require medical assistance as a result, there is no obligation on healthcare professionals to report the woman to the police as abortion, in these circumstances, is not a crime. Previously, under section 5 of the Criminal Law Act 1967 a legal duty, unique to Northern Ireland, was placed …. (shrink)

### British Medical association survey on physician-assisted dying closes Previous Ethics briefings have highlighted the survey of members on physician-assisted dying being carried out by the British Medical Association.1 This survey closed at midnight on Thursday 27 February. In total, 29 011 members responded – 20.1% of all members who received an invitation to participate – making this one of the largest surveys of medical opinion carried out on this issue, ever. The results of the survey will not make BMA (...) policy, but will inform a debate and discussion at the organisation’s main policy-making conference, the annual representative meeting in June this year. You can find out more about the survey and how it was carried out at www.bma.org.uk/PAD This page will continue to be updated when more information about the survey results is available. ### Royal College of General Practitioners remains opposed to a change in the law on assisted dying In October 2019, the Royal College of General Practitioners began surveying its members on the College’s position on physician-assisted dying. The College published its results on 21 February. Of the 49 539 members invited to participated, 6674 responded – a response rate of 13.47%.2 In response to a question about what the College’s position on the law on assisted dying should be: Following the results of the survey, the RCGP Council decided that the College should continue to oppose a change in the law on assisted dying. ### Belgian doctors acquitted in country’s first criminal euthanasia case As noted in previous Ethics briefings, three Belgian doctors faced criminal charges of “unlawfully poisoning” a …. (shrink)

Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...) criminal trial.Once this simple point is recognised, a whole host of more complex questions arise. For example: what, precisely, is the scope of the principle? Is this a matter on which consensus is possible or desirable? What role does the presumption have to play in pre-trial proceedings, in decisions by prosecutors? Does the presumption have consequences for the substantive criminal law, or can legislators blunt its impact by defining criminal offences so as to deprive the presumption of its bite? Can legislators tr. (shrink)

This book examines the conception of the person at work in John Rawls's writings from Theory of Justice to Justice as Fairness: A Restatement. The book aims to show that objections to Rawls's political conception of the person fail and that a Rawlsian conception of political identity is defensible. The book shows that the debate between liberals and communitarians is relevant to the current debate regarding perfectionism and neutrality in politics, and clarifies the debate between Rawls and communitarians in a (...) way that will promote fruitful discussion on the issue of political identity. It does this by providing a clearer account of a conception of personal identity according to which persons are socially constituted, including the intuitions and assumptions underlying the communitarians' conception of persons as "socially constituted." It examines the communitarian objections to liberal political theory and to the liberal conception of persons, the "unencumbered self." The book differentiates between two types of objection to the liberal conception of persons: the metaphysical and normative. It explains Rawls's political conception of persons, and the metaphysical and normative commitments Rawls incurs-and does not incur-in virtue of that conception. It shows that both kind of objection to Rawls's political conception of the person fail. Finally, modifying Rawls's political conception of the person, a Rawlsian conception of political identity is explained and defended. (shrink)

Overview -/- Most philosophical explorations of responsibility discuss the topic solely in terms of metaphysics and the "free will" problem. By contrast, these essays by leading philosophers view responsibility from a variety of perspectives—metaphysics, ethics, action theory, and the philosophy of law. After a broad, framing introduction by the volume's editors, the contributors consider such subjects as responsibility as it relates to the "free will" problem; the relation between responsibility and knowledge or ignorance; the relation between causal and moral responsibility; (...) the difference, if any, between responsibility for actions and responsibility for omissions; the metaphysical requirements for making sense of "collective" responsibility; and the relation between moral and legal responsibility. (shrink)

This new book prints a collection of updated lectures and papers written and delivered by Lord Woolf since 1986, following his retirement in 2005 from the office of Lord Chief Justice and a judicial career that has covered part or all of the last four decades. Lord Woolf expresses his personal views and provides a panoramic insight into the main law reforms over this period. The title The Pursuit of Justice reflects Lord Woolf's determination to see that justice is done (...) in the English courts. (shrink)

With the many changes occurring in today's healthcare organizations, patients are increasingly equipped with a vast quantity of health care data and being more included in the healthcare decision-making process. The new approach we propose incorporates a new patient-organization framework that examines relevant historical, legal and ethical elements within the doctrine of informed consent in addition to examining the role of new healthcare organizations' obligations to include data to support addressing issues such as population health, health outcomes and health disparities (...) within the informed consent. There is a growing consensus among healthcare professionals that using an evidencebased organizational informed consent framework to improve the informed consent process can lead to better comprehension, health outcomes, transparency and improved patient trust and retention overall. (shrink)

The paper examines “Campbell’s Law”: “The more any quantitative social indicator is used for social decision-making, the more subject it will be to corruption pressures and the more apt it will be to distort and corrupt the social processes it is intended to monitor.” The examination of measurability leads to explaining the reason for existence of a class of unmeasurable phenomena. The author describes a kind of habitus in which a strong taboo against measuring must exist by necessity, not by (...) choice. The taboo is, in effect, a result of degradation of a certain kind of habitus. And finally, the paper demonstrates under which conditions the Campbell’s law is in effect, and how we can mitigate its effects in social decision-making. (shrink)

The greater the extent to which a given system rewards the absence of merit, the greater the incentive that people within that system have to perpetuate that system. People who are falsely rewarded have a double stake in the perpetuation of whatever it is that falsely rewarded them. First, without that system and all of the lies surrounding it, such people lose their wealth and their social status. Second, without that system, such people lose their self-respect. The more a given (...) person is overvalued, the more likely it is that his social status and self-image depend on specific institutions and, therefore, the more likely it is that he does not those institutions to be replaced or even improved. (shrink)