Este artículo profundiza en los debates históricos y actuales en Canadá sobre la historia nacional y la enseñanza de la historia en el complicado escenario de trece jurisdicciones educativas de Canadá. En este trabajo se analizan los debates sobre los contenidos en la enseñanza de la historia y en los libros de texto, así como los enfoques en la escuela. Se analizan las formas en que un enfoque de pensamiento histórico está consolidándose en todo el país en el período actual, (...) con una mayor atención a la investigación en la enseñanza de la historia y su difusión y su mayor presencia en los planes provinciales. Se considera el papel del gobierno federal en estos cambios, las organizaciones privadas sin fines de lucro, y los proyectos financiados por el gobierno nacional, tales como el Historical Thinking Project y The History Education Network. (shrink)

This article examines the evidence for the empirical argument that there is a slippery slope between the legalization of voluntary and non-voluntary euthanasia. The main source of evidence in relation to this argument comes from the Netherlands. The argument is only effective against legalization if it is legalization which causes the slippery slope. Moreover, it is only effective if it is used comparatively-to show that the slope is more slippery in jurisdictions which have legalized voluntary euthanasia than it is in (...) jurisdictions which have not done so. Both of these elements are examined comparatively. (shrink)

Slippery slope arguments appear regularly whenever morally contested social change is proposed. Such arguments assume that all or some consequences which could possibly flow from permitting a particular practice are morally unacceptable.Typically, “slippery slope” arguments claim that endorsing some premise, doing some action or adopting some policy will lead to some definite outcome that is generally judged to be wrong or bad. The “slope” is “slippery” because there are claimed to be no plausible halting points between the initial commitment to (...) a premise, action, or policy and the resultant bad outcome. The desire to avoid such projected future consequences provides adequate reasons for not taking the first step.Thus the legalization of abortion in limited circumstances is asserted to lead down the slippery slope towards abortion on demand and even infanticide; and the legalization of assisted suicide to lead inexorably to the acceptance of voluntary euthanasia and subsequently to the sanctioning of the practice of nonvoluntary euthanasia – even involuntary euthanasia of “undesirable” individuals. (shrink)

Procedures such as organ or tissue donation, elective ventilation and non‐therapeutic research can be said to be against the medical interests of the participant. Competent adults can consent to procedures such as these that are against their medical interests, but when, if ever, should incompetent persons participate in such procedures? Legal approaches to decision‐making in the area of the medical care of incompetent persons are generally based on respect for the patient's autonomy, or protection of her welfare, or some combination (...) of the two. The limitations of these approaches become apparent upon examination of their application in this context. Societal interests are also used to justify the participation of the incompetent in procedures which are against their medical interests, for example, the societal interest in pursuing non‐therapeutic research on incompetents in order to benefit future incompetents. These types of approaches are implicit in much current policy and reform proposals on non‐therapeutic research, contributing to the disrespect for incompetent persons that is implicit in many research projects and much argument on the categorization of risks, and the repeated failure to consider the burdens imposed on incompetent persons in the interests of society. (shrink)

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of (...) requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. (shrink)

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of (...) requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. (shrink)

When research concludes, post-trial access to the trial intervention or standard healthcare can be crucial for participants who are ill such as those in resource-poor countries with inadequate healthcare, British participants testing ‘last-chance drugs’ unavailable on the National Health Service and underinsured US participants. Yet, many researchers are unclear about their obligations regarding the post-trial period, and many research ethics committees do not know what to require of researchers. Consequences include participants who reasonably expect but lack PTA to the trial (...) intervention, unplanned financial liabilities for NHS Trusts forced to fund this, negative press and potential to undermine public trust.1–3,iOne reason for the lack of clarity is controversy over whether and when participants should have access, after the study, to the study intervention. At one extreme is the view that continued access should be ensured when the intervention has benefited the participant or when it has proven safe and effective for the participant population, irrespective of the cost and burden of ensuring continued access. At the other extreme is the view that continued access need never be provided so long as non-availability of the study intervention post-trial was adequately disclosed when participants were invited to participate.6 There is also disagreement about when poststudy access to the study intervention should be considered beneficial for participants. The spectrum ranges from the view that the intervention should be regarded as beneficial for a proposed use only after the …. (shrink)

Care after research is for participants after they have finished the study. Often it is NHS-provided healthcare for the medical condition that the study addresses. Sometimes it includes the study intervention, whether funded and supplied by the study sponsor, NHS or other party. The NHS has the primary responsibility for care after research. However, researchers are responsible at least for explaining and justifying what will happen to participants once they have finished. RECs are responsible for considering the arrangements. There are (...) ethical and practical issues, in particular when participants may wish to continue on the study intervention after the study. There are also various guidelines and legislation. This document presents a framework of questions to help NHS RECs and their applicants. Information on this document’s development is here. (shrink)

This article discusses the merits of teaching legal analysis and writing and of developing a legal writing program at a faculty of law, and recommends that law faculties around the world incorporate this subject. Once absent from the American law school curriculum, this subject has become a required subject in all American law schools over the past 25+ years. The article suggests steps for implementing a legal writing course or program, and offers a variety of resources for doing so.

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.2 (2002) 3-19 [Access article in PDF] (Queer) Theory and the Universal Alternative James Penney Judith Butler. Antigone's Claim: Kinship Between Life and Death. New York: Columbia UP, 2000. Judith Butler, Ernesto Laclau, and Slavoj Žižek. Contingency, Hegemony, Universality: Contemporary Dialogues on the Left. London: Verso, 2000. In October 2000, just a few weeks before the US presidential election, a young, fashionable, handsome man handed me a (...) political leaflet while I crossed Christopher Street in Greenwich Village. I didn't give it much thought at the time (apart from noticing that the boy was kind of cute): I was in transit toward the 4th Street subway station and the Port Authority where I would catch the bus back to Cornell. When I decided to write a review essay on the current state of poststructuralism, Marxism, and queer theory through the lens of the two books listed above, I discovered I had lost the pamphlet, certain that my hostile reaction to what I considered its fundamental conservatism and trendy political correctness had unconsciously caused its mysterious disappearance.When I rediscovered the leaflet in the chaos of my move away from Ithaca, I realized that my relation to it had been hysterical: I was reluctant to address its traumatic content, unwilling to excavate my multiple frustrations at the apparent impossibility of being a homosexual and a socialist in America. And yet I couldn't really forget about it either: though not an American citizen and therefore unable to vote, I found myself equally unable simply to dismiss the leaflet as a mere inconsequential symptom of the pseudo-democracy that America has always been, or unequivocally to endorse the snooty CBC/Queen Street condescension of my fellow Canadian Lefties toward the primitive, superficial, liberal (in the worst psychologistic sense), irremediably ideological, and thoroughly depressing state of American political discourse. "Those poor Americans," the far-from-irrelevant logic goes. "They either unquestioningly submit to the individualistic fantasy of the American Dream in order to participate in the 'political process,' or they become hermetically imprisoned in their pseudo-political anti-statist minoritarianism, too cool and too radical to condescend to the public sphere." After six years in the United States, I've now become aware that my inability to swallow much of contemporary queer theory—authored overwhelmingly by young, elite-educated Americans with relatively narrow political horizons—is mostly due to the manner in which it articulates numerous political assumptions fundamentally alien to my own socialization in a country whose political differences from the US are insufficiently appreciated in that nation, and in which extremes of climate and geography have engendered a collectivist ethos in many ways fundamentally hostile to the American-style extreme individualism with which I had lived for so many years.But the interest of this sort of political autobiography is in this context undoubtedly limited. What—you might now find yourself impatiently wondering if you don't already [End Page 3] know—were the contents of this famous pamphlet? And what exactly was my problem with it? Published by a coalition of queer voters in New York called the Empire State Pride Agenda, the pamphlet presented extremely selective profiles of the main candidates, both Democrat and Republican, running for the offices of President, US Senator, State Senator, and Member of the State Assembly. Each profile summarized the history of a candidate's positions with respect to rights issues of concern to gay, lesbian, bisexual, and transgendered persons. The profiles made no concerted effort to represent the candidates' perspectives on any other issue: gun control, education, foreign policy, the death penalty, taxation, health care (generally speaking, that is to say above and beyond the issues related to AIDS-related illness and reproductive rights); only policies directly concerning civil rights for nonheterosexual citizens were thoroughly broached.I should confess that once I got the general idea I threw the pamphlet away in disgust: "Am I supposed to feel interpellated," I asked myself in full hysterical Althusserian mode, "by this utterly pseudo-political claptrap?" Is this what it means to be gay and political in America... (shrink)

This essay explores how the image of the Chief of Police dressed as a giant phallus is the often overlooked and misconstrued key to the interpretation of Jean Genet's canonical play The Balcony (19...