Human rights play an integral role in the global governance of health. Recently, both structural and normative aspects of human rights have proliferated across multiple levels and within multiple contexts around the world. Human rights proliferation is likely to have a positive impact on the governance of health because it can expand the avenues through which a human rights framework or human rights norms may be used to address and improve health.

As our world becomes increasingly interconnected, threats to global public health continue to proliferate. New and novel risks to health have emerged consistently over the past 30 years. Moreover, our shrinking world now allows health threats to spread more quickly than ever before. Given these realities, efforts to protect and improve global health must be expansive, flexible, and able to take into account the variety of circumstances that may imperil good health. These efforts also must consider the multiple levels and (...) varying contexts in which laws, policies, and other factors govern global health and affect health outcomes. (shrink)

The emerging global climate crisis threatens human health in unprecedented ways, yet global health concerns have not been sufficiently considered within international climate change efforts. A more collaborative pathway could advance efforts to mitigate and adapt to climate change while protecting public health and social justice.

Pandemics challenge the law and often highlight its strengths or expose its limits. The novel strain of influenza A virus that emerged in the spring of 2009 and rapidly spread around the globe was no exception. The H1N1 pandemic prompted the first significant application of a number of international legal and policy mechanisms that have been developed in the last decade to respond to this kind of event. Furthermore, it presented a considerable test for public health systems at all levels, (...) from global to local.Although initial predictions forecasting high morbidity and mortality from this virus overestimated its eventual impact, the human toll of the pandemic was nevertheless significant. The World Health Organization reported approximately 1.5 million people were infected worldwide in 214 countries, resulting in over 25,000 confirmed deaths, but the actual health impact of the outbreak was certainly much higher. (shrink)

Pandemics challenge the law and often highlight its strengths or expose its limits. The novel strain of influenza A virus that emerged in the spring of 2009 and rapidly spread around the globe was no exception. The H1N1 pandemic prompted the first significant application of a number of international legal and policy mechanisms that have been developed in the last decade to respond to this kind of event. Furthermore, it presented a considerable test for public health systems at all levels, (...) from global to local.Although initial predictions forecasting high morbidity and mortality from this virus overestimated its eventual impact, the human toll of the pandemic was nevertheless significant. The World Health Organization reported approximately 1.5 million people were infected worldwide in 214 countries, resulting in over 25,000 confirmed deaths, but the actual health impact of the outbreak was certainly much higher. (shrink)

The Patient Protection and Affordable Care Act (ACA) sets in motion a wide range of programs that substantially affected the health system in the United States and signify a moderate but important regulatory shift in the role of the federal government in public health. This article briefly addresses two interesting policy paradoxes about the ACA. First, while the legislation primarily addresses health care financing and insurance and establishes only a few initiatives directly targeting public health, the ACA nevertheless has the (...) potential to produce extensive public health benefits across the United States population by improving access to health care and services and reducing cost. Essentially, the ACA does not take the explicit form of a public health law but instead strives to advance public health indirectly through its effects. Second, while the ACA does not establish a right to health — or even a right to health insurance — in the United States, it does set in motion a number of significant structural and normative changes to United States law that comport with the attainment of the right to health. Most significantly, key provisions of the bill are designed to improve availability, accessibility, acceptability, and quality of conditions necessary for health, and to prompt the government to respect, protect, and fulfill these conditions. These developments mean that, to a degree, the United States essentially has undertaken the same types of legal and policy steps that a country would be required to take to uphold the right to health without actually recognizing the right to health in any formal or legally binding way.Despite these dual paradoxes and the upside potential for public health improvements resulting from the ACA, the public health impact of the law remains uncertain and will be decided by numerous subsequent regulatory and implementation decisions. The ACA authorizes multiple federal agencies to engage in rulemaking, a process that will largely dictate the systemic and health impacts that will become its legacy. This reality opens up ample opportunity to bolster public health aspects and interpretations of the law, and to simultaneously augment the corresponding components of the right to health. (shrink)

The passage of the Patient Protection and Affordable Care Act in March 2010 represents a significant turning point in the evolution of health care law and policy in the United States. By establishing a legal infrastructure that seeks to achieve universal health insurance coverage in the United States, the ACA targets some of the major impediments to accessing needed health care for millions of Americans and by extension attempts to strengthen the health system to support key determinants of health. Yet, (...) like many newly passed legislative provisions, the ultimate effects and significance of the ACA remain uncertain. Those charged with implementing the ACA face formidable obstacles — indeed, some of the same obstacles that have been erected to impede other major pieces of social legislation in the past — including entrenched political opposition, constitutional challenges, and what will likely be a prolonged struggle over the content and direction of how the law is implemented. As these debates continue, it is nevertheless important to begin to assess the impact that the ACA has already had on health law in the United States and to consider the likely effects that the law will have on public health going forward. (shrink)

The Flint water crisis demonstrates the importance of adequate legal preparedness in dealing with complicated legal arrangements and multiple statutory responsibilities. It also demonstrates the need for alternative accountability measures when public officials fail to protect the public's health and explores mechanisms for restoring community trust in governmental public health.

“Public health practice” consists of activities and Programs managed by public health agencies to promote health and prevent disease, injury, and disability. Some of these activities might be deemed to fit within the broad definition of “research” under federal regulations, known as the Common Rule, designed to protect human research subjects. The Common Rule defines research as “a systeniatic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.” Public health activities that might under some (...) circumstances be considered research include disease reporting, review of medical records, surveys, interviews, focus groups, specimen collection, and laboratory testing.There are questions about the extent to which the Common Rule applies or was intended to apply to public health practice: and it has been suggested in any case that Common Rule regulation of public health practice may not be socially optimal for both practical and principled reasons. (shrink)

“Public health practice” consists of activities and Programs managed by public health agencies to promote health and prevent disease, injury, and disability. Some of these activities might be deemed to fit within the broad definition of “research” under federal regulations, known as the Common Rule, designed to protect human research subjects. The Common Rule defines research as “a systeniatic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.” Public health activities that might under some (...) circumstances be considered research include disease reporting, review of medical records, surveys, interviews, focus groups, specimen collection, and laboratory testing.There are questions about the extent to which the Common Rule applies or was intended to apply to public health practice: and it has been suggested in any case that Common Rule regulation of public health practice may not be socially optimal for both practical and principled reasons. (shrink)

The public safety, human services, health, and relief workers who comprise the first wave of a response to natural or man-made disasters play a critical role in emergency preparedness. These first responders provide care and services in the immediate aftermath of emergencies and may remain in affected communities for weeks or months. They often work long hours under stressful conditions, witnessing the human harms, physical destruction, and psychological devastation that can accompany disasters.

The public safety, human services, health, and relief workers who comprise the first wave of a response to natural or man-made disasters play a critical role in emergency preparedness. These first responders provide care and services in the immediate aftermath of emergencies and may remain in affected communities for weeks or months. They often work long hours under stressful conditions, witnessing the human harms, physical destruction, and psychological devastation that can accompany disasters.

Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender — dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health (...) needs, and significant violations of bodily autonomy. (shrink)

In an emergency, challenges faced by disabled individuals may be exacerbated by ineffective communication, power outages, transportation shortcomings, and inhospitable shelters. During Hurricanes Katrina and Rita, Gulf Coast shelters did not routinely provide closed captioning or sign language interpreters; for individuals with auditory disabilities, understanding instructions issued in these shelters was extremely difficult. Individuals with mobility-related disabilities experienced challenges evacuating from their homes due to public transportation that could not accommodate wheelchairs. After the hurricanes, difficulties arose in identifying wheelchair-accessible trailers (...) and in communicating with disabled trailer residents. Failing to anticipate these challenges intensifies the disadvantaged situation of those with disabilities during an emergency. (shrink)

Over twenty years of research have examined the cognitive consequences of positive affect states, and suggested that positive affect leads to a broadening of cognition (see review by Fredrickson, 2001). However, this research has primarily examined positive affect that is low in approach motivational intensity (e.g., contentment). More recently, we have systematically examined positive affect that varies in approach motivational intensity, and found that positive affect high in approach motivation (e.g., desire) narrows cognition, whereas positive affect low in approach motivation (...) broadens cognition (e.g., Gable & Harmon-Jones, Citation2008a; Harmon-Jones & Gable, 2009). In this article we will review past models and present a motivational dimension model of affect that expands understanding of how affective states influence attentional and cognitive breadth. We then review research that has varied the motivational intensity of positive and negative affect and found that affect of low motivational intensity broadens cognitive processes, whereas affect of high motivational intensity narrows cognitive processes. (shrink)

Pragmatism has enjoyed a major resurgence in Anglo-American philosophy over the course of the last decade or two, and Robert Brandom’s work – particularly his 1994 tome Making it Explicit (MIE) – has been at the vanguard of this resurgence (Brandom 1994).2 But pragmatism comes in several surprisingly distinct flavours. Authors such as Hubert Dreyfus find their roots in certain parts of Heidegger and in phenomenologists such as Merleau-Ponty, and they privilege embodied, preconceptual skills as opposed to discursive practices as (...) the basic sites of meaning and agency (Dreyfus 1991; Dreyfus 1992; Todes 2001). With strong inheritances from Dewey and Wittgenstein, Richard Rorty has championed a pragmatism whose core emphasis is on the rejection of transcendental truth and high metaphysical theorizing (Rorty 1982), and this anti-theoretical banner has been taken up by several prominent ethicists, among others. For his part, Brandom, who purports to offer a systematic theory of language and meaning grounded on a foundation of pragmatic normative relationships between speakers, looks back instead to Sellars and Quine for his stripe of pragmatism. Near the start of MIE, he writes: The explanatory strategy pursued here is to begin with an account of social practices, identify the particular structure they must exhibit in order to qualify as specifically linguistic practices, and then consider what different sorts of semantic contents those practices can confer on states, performances, and expressions caught up in them in suitable ways. (Brandom 1994, xiii) Despite his professed pragmatism, Brandom is no foe of high theory or metanarratives, and he is vastly more interested in language and theoretical reason than in the rest of human bodily activity. For Brandom, inferentially articulated discourse forms an autonomous domain of normativity, while our bodily encounters with the world in perception and in action serve as language entry and exit points respectively.. (shrink)

After a decades-long economic slump, the city of Flint, Michigan, struggled to address chronic issues of toxic water supply, malnutrition, and food security gaps among its residents. A community-engaged research project proposed a resilience assessment that would use panarchy theory to move the city toward a more sustainable food system. Flint is one of many examples that demonstrates how panarchy theory is being applied to understand and influence change in complex human-natural systems. Applied Panarchy, the much-anticipated successor to Lance (...) Gunderson and C.S. Holling's seminal 2002 volume Panarchy, documents the extraordinary advances in interdisciplinary panarchy scholarship and applications over the past two decades. Panarchy theory has been applied to a broad range of fields, from economics to law to urban planning, changing the practice of environmental stewardship for the better in measurable, tangible ways.Panarchy describes the way systems--whether forests, electrical grids, agriculture, coastal surges, public health, or human economies and governance--are part of even larger systems that interact in unpredictable ways. Although humans desire resiliency and stability in our lives to help us understand the world and survive, nothing in nature is permanently stable. How can society anticipate and adjust to the changes we see around us? Where Panarchy proposed a framework to understand how these transformational cycles work and how we might influence them, Applied Panarchy takes the scholarship to the next level, demonstrating how these concepts have been modified and refined. The book shows how panarchy theory intersects with other disciplines, and how it directly influences natural resources management and environmental stewardship.Intended as a text for graduate courses in environmental sciences and related fields, Applied Panarchy picks up where Panarchy left off, inspiring new generations of scholars, researchers, and professionals to put its ideas to work in practical ways. (shrink)

Recent research on the metaethical beliefs of ordinary people appears to show that they are metaethical pluralists that adopt different metaethical standards for different moral judgments. Yet the methods used to evaluate folk metaethical belief rely on the assumption that participants interpret what they are asked in metaethical terms. We argue that most participants do not interpret questions designed to elicit metaethical beliefs in metaethical terms, or at least not in the way researchers intend. As a result, existing methods are (...) not reliable measures of metaethical belief. We end by discussing the implications of our account for the philosophical and practical implications of research on the psychology of metaethics. (shrink)

This paper addresses the question of the existence of corporate philanthropy. It proposes a framework for analysing corporate philanthropy along the dimensions of business/society interest and primary/secondary stakeholder focus. The framework is then applied in order to understand business involvement with the arts in the U.K. A unique dataset of 60 texts which describe different firms' involvement with the Arts is analysed using formal content analysis to uncover the motivations for business involvement. Cluster analysis is then used in order to (...) identify motivational groupings. Two broad types of involvement are identified – advertisers and legitimators. Only in one case of the 60 is there the potential to observe pure altruism. The contribution of this paper is twofold. First, it provides a clear framework to understand the motivations for corporate giving and applies this using empirical data. Secondly, this research finds little evidence, if at all, of corporate philanthropy in the context of firms giving to the Arts in the U.K. (shrink)

This chapter of Ender's Game addresses two questions. First, are Ender's killings of Stilson and Bonzo morally permissible? He destroys them both and robs their families of them. Could this ever be morally permissible? Second, is Ender morally responsible for the consequences of his actions? Ender blames himself for the destruction of the buggers, but would he have done the same thing if he had known it was all for real? Perhaps by allowing the I.F. to train him for this (...) purpose, he had always intended to do it. Of course, Ender is not the only one involved here: maybe the International Fleet Command is responsible for the consequences of Ender's actions. After all, they unquestionably manipulate and structure Ender's surroundings, and clearly, it is the I.F. that intends for the buggers to die‐even if Ender does not. (shrink)

This chapter looks at how Göransson's motifs emotionally move us, but also how the music “reads the mind” of Din. In conveying meaning musically, Göransson's compositions enhance our aesthetic appreciation of The Mandalorian and further our emotional investment in Din's story. The ancient Greeks included music in education because they believed it perfects our soul or nature. Aristotle mentions that another purpose of music is to provide us with pleasure from the relaxation it provides. As Din and Kuiil set out (...) on their mission riding the blurrgs, The Mandalorian theme plays in full glory – a symphonic march with trumpets carrying most of the melody and harmony along with electric and bass guitars which help drive the orchestra. In addition to the pleasure we feel from enjoying well‐ordered emotional movements of music, Aristotle mentions another kind of pleasure we can feel from music: intellectual enjoyment. (shrink)

This chapter lays out the paradox of fiction as it relates to the Star Wars films in three claims: we have genuine and rational emotional responses to the fictional characters and events in Star Wars; we must believe these characters and events really exist; and nobody believes these fictional characters and events in Star Wars exist. While many fans like to talk as if the characters and events in Star Wars are real, none of us actually believe that Luke's heroic (...) journey is real. The illusion theory claims that the fictional work creates in us the illusion that the characters and situations depicted actually exist. One observation that the thought theory makes is that we often have emotional reactions to imaginary situations. The pretend theory says that the emotions we experience while watching Star Wars are not genuine emotions. Rather, they're quasi‐emotions. (shrink)

Lance Rips describes a unified theory of natural deductive reasoning and fashions a working model of deduction, with strong experimental support, that is capable of playing a central role in mental life.

This paper is interested in the individual memory of wars in Maïssa Bey. The writer devoted her two books to the wars in Algeria - they were written to be adapted to the theatre: Entendez-vous dans les montagnes… and Pierre Sang Papier ou Cendre. In Entendez-vous dans les montagnes..., the memory in question is that of the War of Independence against the colonization during the years 1956-1962, while Pierre Sang Papier ou Cendre addresses the French colonization that lasted 132 years, (...) from 1830 to 1962. In other words, the first relies on individual and collective memories, while the second concerns especially the collective memory. (shrink)

One of the most challenging and rewarding roles for in-house hospital attorneys is serving as a member of their hospital’s Bioethics Committee. As a member of the Committee, an attorney assists in developing institutional ethics policies and guidelines, and also participates in ethics consultations involving disputes about patient care. Institutions such as the Author’s employer, Texas Children’s Hospital, promote open and honest communications between members of a patient’s health care team and the patient’s parents and family; however, when communications break (...) down, the Committee’s goal is to provide an objective forum where disputes can be discussed and hopefully resolved in a professional, ethical manner. (shrink)

One of the most challenging and rewarding roles for in-house hospital attorneys is serving as a member of their hospital’s Bioethics Committee. As a member of the Committee, an attorney assists in developing institutional ethics policies and guidelines, and also participates in ethics consultations involving disputes about patient care. Institutions such as the Author’s employer, Texas Children’s Hospital, promote open and honest communications between members of a patient’s health care team and the patient’s parents and family; however, when communications break (...) down, the Committee’s goal is to provide an objective forum where disputes can be discussed and hopefully resolved in a professional, ethical manner. (shrink)

One of the most challenging and rewarding roles for in-house hospital attorneys is serving as a member of their hospital’s Bioethics Committee. As a member of the Committee, an attorney assists in developing institutional ethics policies and guidelines, and also participates in ethics consultations involving disputes about patient care. Institutions such as the Author’s employer, Texas Children’s Hospital, promote open and honest communications between members of a patient’s health care team and the patient’s parents and family; however, when communications break (...) down, the Committee’s goal is to provide an objective forum where disputes can be discussed and hopefully resolved in a professional, ethical manner. (shrink)

In this paper we challenge the idea that valid consent is the golden standard by which a sexual encounter is deemed ethical. We begin by reviewing the recent public focus on consent as an ethical standard, and then argue for a standard that goes beyond legalistic and contractual foci. This is the standard of mutuality which extends beyond the assurance that all parties engaging in a sexual encounter are informed, autonomous, and otherwise capable of making a valid choice: one must (...) also encounter the other with care and loving attention. We develop this claim using Iris Murdoch’s concept of an attitude of “loving attention,” which differentiates our view from the duty of due diligence to ensure that each person is a willing participant in sex, that the rights of others have not been violated, as emphasized by Dougherty. We also address three objections to using mutuality as a measure of ethical sex, namely that it is patronizing, that it is a maximalist position that puts too great a burden on individuals and inhibits their freedom, and that it is an ideal rather than a requirement. We then look at three examples that test the construct of mutuality: the typical college hook-up, sex work, and anonymous sex through glory holes and similar set-ups. (shrink)

ABSTRACTIn this paper, I question the orthodox position that true belief is a fundamental epistemic value. I begin by raising a particularly epistemic version of the so-called “value problem of knowledge” in order to set up the basic explanandum and to motivate some of the claims to follow. In the second section, I take aim at what I call “bottom-up approaches” to this value problem, views that attempt to explain the added epistemic value of knowledge in terms of its relation (...) to a more fundamental value of true belief. The final section is a presentation of a value-theoretic alternative, one that explains the value problem presented in the first section while also doing justice to intuitions that may cause us to worry about bottom-up approaches. In short, knowledge and not mere true belief is a fundamental epistemic value as it is the constitutive goal of propositional inquiry. (shrink)

Ethical sourcing and socially responsible purchasing is increasingly on the business agenda, but developing and implementing policy and practice across a global network of suppliers is challenging. The purpose of this paper is to expand theory on the nature of linkages between firms in a social network, specifically postulating how ties between organizations can be configured to facilitate development, diffusion, and adoption of sustainability initiatives. The theory development provides a lens with which to view the influence of a firm’s structural (...) embeddedness in its organizational social network on developing, diffusing and adopting sustainability initiatives. The focus is on brokers who in various structural alignments help bridge the focal firm’s sustainability initiatives with distant or disconnected stakeholders the focal firm is trying to reach. The brokers help the focal firm engage these stakeholders by sharing knowledge and information regarding sustainability initiatives and by incorporating localized needs into the development of the initiatives to facilitate better diffusion and adoption. The theoretical contribution of this manuscript is a novel perspective on sustainability in organizational networks. This perspective allows for greater explanatory power regarding how organizations can achieve sustainable outcomes that meet a broad base of stakeholder needs and better facilitate sustainability initiatives across a diverse and expansive network. (shrink)

As the saying goes, “The road to hell is paved with good intentions.” And in the recent burst of clinical attention being paid to the needs of lesbian, gay, bisexual, and transgender patients, good intentions abound. But while this long‐overdue interest in LGBT health care aims to highlight important gaps and bring into relief serious issues in health care delivery for LGBT persons, such work can inadvertently reinforce both the marginalization of sexual minorities and the cultural norms related to sexuality, (...) gender identity, and the conventional family. To ensure that positive outcomes for LGBT patients are inextricably paired with those noble intentions, we advocate for a new, queer bioethics—a methodology of scholastic, bioethical, and critical scrutiny that not only addresses the needs of LGBT persons in health care settings but also considers the perspectives, histories, and feelings of such parties. (shrink)

ABSTRACTEmotions influence cognitive processes involved in memory. While some research has suggested that cognitive scope is determined by affective valence, recent models of emotion–cognition interactions suggest that motivational intensity, rather than valence, influences these processes. The present research was designed to clarify how negative affects differing in motivational intensity impact memory for centrally or peripherally presented information. Experiments 1 & 2 found that, relative to a neutral condition, high intensity negative affect enhances memory for centrally presented information. Experiment 3 replicated (...) this effect using another high intensity negative affect. Experiment 4 extended this by finding that, relative to a neutral condition, low intensity negative affect enhanced memory for peripherally presented information. Finally, in Experiment 5, the effects of sadness and threat on scope of memory were directly compared, finding that threat narrowed scope of... (shrink)

This article considers the late 19th-century medical invention of the category of the homosexual in relation to homosexuality’s moment of deliverance from medicine in the 1970s, when it was removed as a category of mental aberration in the Diagnostic and Statistical Manual (DSM). With the rise of the AIDS pandemic in gay communities in the early 1980s, I argue that homosexuals were forcibly returned to the medical sphere, a process I call “the painful reunion.” Reading a collection of queer narratives (...) across the 20th century, I show that historical and contemporaneous medical events prompted the mobilization of seropositive and queer artists at century’s end to rehabilitate, revise, and offend the historiography of queer illness. Collectively, my conclusions redefine our understandings of queer theory and queer politics as distinctively 1990s projects invested in the present to ones that purposefully aim to challenge the past. (shrink)