In The legal determinants of health: Harnessing the power of law for global health and sustainable development, Gostin et al. provide a sustained account of how law can and should be used as an instrument of health promotion. We pick up on the themes of this report with a specific focus of the importance of abortion for women’s sexual and reproductive health and the impact that particular ways of framing abortion in law can have on the lives of women and (...) girls. In this short comment, we wish to emphasize that abortion regulations need to move beyond frameworks based on narrow understandings of harm towards more progressive agendas that take into account the social determinants of health in order to reduce barriers to care. This contribution is particularly relevant to the Commission’s criticism that those ‘[l]aws that stigmatise or discriminate against marginalized populations are especially harmful and exacerbate health disparities’. (shrink)

Why should we respect the wishes which individuals may have about how their body is treated after death? Reflecting on how and why the law respects the bodies of the living, we argue that we must also respect the ‘dead’. We contest the relevance of the argument ‘the dead have no interests’, rather we think that the pertinent argument is ‘the living have interests in what happens to their dead bodies’. And, we advance arguments why we should also respect the (...) wishes of the relatives of the deceased regarding what happens to the bodies of their loved ones. In our analysis, we use objections to organ and tissue donation for conscientious reasons (often presented as religious reasons) to show why the living can have interests in their dead bodies, and those of their dead relatives, and why these interests should be respected. (shrink)

In this article I will show that ‘best interests’ is a concept that fits nicely with many of the features of pragmatism—Holm and Edgar’s rejection of the principle in favour of pragmatism it will be suggested is misplaced. ‘Best interests’ as a principle may be considered an embodiment of the ideals of pragmatic adjudication. The paper starts by briefly introducing the concept of ‘best interests’ and theories of judicial and legal ‘pragmatism’. This article will examine the role of the rational (...) decision-maker in medical law and argue that this role is limited. The paper concludes by suggesting how we view the relationship between ‘best interests’ and ‘pragmatism’. (shrink)

One of the most significant developments in the area of reproductive health in Ireland is theRoche v. Roche[2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts inRochehad to decide whether embryos were “unborn” within the meaning of the Irish Constitution.

Each year in the UK there are approximately 250,000 miscarriages, 3,000 stillbirths and 3,000 terminations following a diagnosis of fetal-abnormality. This paper draws from original empirical research into the experience of pregnancy loss and the accompanying decisionmaking processes. A key finding is that there is considerable variation across England in the range of options that are offered for disposal of pregnancy remains and the ways in which information around disposal are communicated. This analysis seeks to outline the key features of (...) what constitutes effective communication in this context, where effective communication is taken to mean that patients are provided with the key information necessary, in an appropriate manner, so that they are fully able to make a decision. A primary source of evidence includes interviews with the bereaved and pregnancy-loss support workers, in order to understand how the options available, and associated necessary procedures, are communicated. In addition, patient information leaflets are also analyzed as they offer an important tool for information delivery at a difficult and emotionally charged time. Following this, an overview is provided of the information that these leaflets should contain, along with guidance on effective presentation of this information. (shrink)

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

IntroductionIDIS is a multidisciplinary journal with a focus on identity in the information society. The information society is usually associated with information and communication technologies, such as computers, mobile phones and the Internet, and with information in the form of computer- or human-readable data. In this special issue on genetics, information and identity, however, we focus on a different type of information, namely genetic information. The DNA of the human genome is often called a ‘blueprint’ of human life, containing information (...) that regulates—in various and very complex ways—most of the processes in human life. In this sense, genetics may well be considered an information technology in its own right.Genetic information is becoming ever more important in society, although current knowledge of the human genome and how the genome relates to human life is still limited. Nevertheless, what knowledge we have about the genetic make-up of people—whether in terms of congen .. (shrink)

This paper is an examination of how research ethics committees have evolved from being advisory committees to more formal regulatory authorities. It is argued that the role of ethics committees should be broader than simple ethical review. Inconsistency in outcome should not be taken to signal failure. Procedural fairness is of the utmost importance. Nor should ethics committees be seen to diminish the ethical responsibilities of researchers themselves.

The discovery, in various quarters, of hitherto unknown letters exchanged between Wittgenstein and the chief of his Cambridge friends provides the basis for this new and profoundly revealing collection. Wittgenstein appears in turn shy and affectionate, fierce and censorious, happy to collaborate and sure of his own judgement. Four quarrels and four reconciliations are documented. Wittgenstein's struggles to publish his Tractatus may be followed, as well as his retreat from the world, his being wooed back to philosophy by Keynes and (...) Ramsey, and his plans to leave philosophy. The accompanying editorial notes are based on archival material not previously explored. Taken together, the correspondence provides an intriguing insight into Wittgenstein's life and thought, and will be essential reading for students and scholars. (shrink)

Mcguiness finds in the early wittgenstein a metaphysics similar to\nthat of nature mysticism. he discusses the relation between this\nkind of mysticism and wittgenstein's views on logic, ethics, aesthetics,\noptimism, solipsism, and 'living in the present.' he suggests that\nwittgenstein may have had some kind of mystical experience which\ninfluenced his early philosophy. (staff).

This book contains seminal discussions of central issues in the philosophy of language, mathematics, mind, religion and time. Is common language conceptually prior to idiolectics? What is a theory of meaning? Does constructivism provide a satisfactory account of mathematics? What are indefinitely extensible concepts? Can we change the past? These are only some of the very important questions addressed here. Both the papers written by the contributors and Dummett's replies provide a great wealth of stimulating ideas for those who currently (...) do research in the respective areas touched upon without making the reading exceedingly tedious. This feature, common to most of the papers in this book, makes it possible to use the material presented in undergraduate courses at university level. (shrink)

This essay examines the role allocated to ostensive definition in the logical empiricist philosophy of the vienna circle. it explains how this characteristic array of doctrines grew out of reflections on the "tractatus". the various theses are distinguished into general principles, logical aspects, normative aspects and psychological theses. a detailed survey of wittgenstein's later analysis of ostensive definition is undertaken. this is then brought to bear on the doctrines of logical empiricism to show that they are incoherent. the essay concludes (...) by sketching out how much of those fallacious doctrines survive explicitly in contemporary philosophy of language. (shrink)

Susan Edwards-McKie interviews Professor Dr B. F. McGuinness on the occasion of his 90th birthday.

I take as my text propostion 4.0312 of the Tractatus : The possibility of propositions is based on the principle that objects have signs as their representatives. My fundamental idea is that the ‘logical constants’ are not representatives; that there can be no representatives of the logic of facts. Practically the same words occur in Wittgenstein's Notebook for 25 December 1914, where Miss Anscombe translates them: The possibility of the proposition is, of course, founded on the principle of signs as (...) going proxy for objects. Thus in the proposition something has something else as its proxy. But there is also the common cement. My fundamental thought is that the logical constants are not proxies. That the logic of the fact cannot have anything as its proxy. (shrink)

Approaches to Wittgenstein brings together for the first time the many varied aspects of Wittgenstein's life, philosophy and aesthetic attitudes. It draws from many of his unpublished manuscripts to illuminate his work.

Issues of social justice underlie the clamour for greater gender balance in top-management. The present study reveals that pursuit of such social justice is also value-enhancing in relation to the longer-run performance of initial public offerings stocks, especially where female board members are unencumbered by family-connection with other directors. This study examines the economic benefits of board gender diversity for state- and privately controlled firms in the Hong Kong IPO market. Gender board diversity is much less common in state-run IPO (...) firms. Within the subset of privately controlled IPO firms, distinction exists between entities that accommodate family-connected board officers and those that do not. Specifically, this study focuses on family-ties between board members. This issue allows for finer-grained assessment of family influence on firm performance. Stronger post-listing stock, return-on-assets and sales-on-assets performance arise in privately controlled firms without family-connected board members and in state-run entities. Gender diversity thus serves as a positive, but only when female director presence is untrammelled by family associations between directors. However, there is little evidence of a link between female board representation and IPO underpricing. Relative to state-backed issuers, privately controlled firm boards accommodate more women, younger officers and a broader mix of nationalities, but appear more-inclined to unify CEO and chair positions. Board duality, the fraction of independent directors and directors’ age and nationality exhibit little relation with initial and aftermarket stock returns. In prescriptive terms, minority investors gain from the inclusion of female directors, especially when IPO firm directors are unencumbered by family-affiliation with other board members. Results therefore add to the clarion of calls for greater female board presence. (shrink)