When citizens call the police to report a problem with another, they need to not only characterize the problematic action/event, but they must position themselves in relation to the complained-about person. This conversational work of positioning self, and describing the other's actions, is delicate business when the complained-about person is connected to the caller. Different constructions of the other and the problem affect whether callers get the help they are seeking. At the same time, alternate constructions offer different pictures (...) of the other's blameworthiness and self's contribution to the problem. In this study we analyze citizen calls to the police in which callers have a dilemma: they have a problem with another that they want remedied but the problem occurs in a situation where involving the police is regarded as unreasonable. Past research on calls to the police, and studies about how people position their own and others' actions in sensitive situations are described. Then the materials and interpretive method are explained. The heart of the article is a description of four relational positioning strategies. Strategies include: generic reference terms; `friend' to imply a non-sexual relationship; ex-prefaces; and agent-less problems. The conclusion considers where else the dilemma will be found and highlights distinctive features of the rhetorical discursive perspective developed in the article. (shrink)

This article argues that Rancière’s paradoxical account of identity formation through political conflicts can highlight dilemmas facing indigenous political movements across the globe. The article first locates Rancière’s theory within the broader political theory of recognition and briefly describes some of Rancière’s key political concepts. The article then moves on to a description of several indigenous political movements with a particular emphasis on indigenous people from New Zealand, Chile and Mexico and highlights some key conceptual differences in the political (...) strategies and ideologies of these movements. I conclude by relating the differences between these indigenous political movements to Rancière’s key theoretical concepts and argue that Rancière’s theory allows political theorists to shed some light on the internal contradictions and struggles of indigenous people when these try to use indigenous identity with the goal to radically challenge the social order of colonial societies. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

While working with police in the U.K. and in many countries in Europe, I encountered instances of police officers in the grip of dilemmas about misplaced, misguided, divided, and conflicting loyalt...

ABSTRACT Drawing upon cross-sectional research with pre- and in-service police officers in the U.K. (N = 571), this paper reports on the moral reasoning strategies favored by the respondents in dealing with bespoke work-related moral quandaries specific to the professional practice of policing. The dominant form of moral reasoning in dealing with those dilemmas was deontological (rule-based). The second most frequently selected reasoning strategy was virtue ethical. Further analysis of the police research data indicated that those with (...) an undergraduate degree were significantly more likely to adopt virtue ethical and consequentialist-utilitarian reasoning strategies than those who did not have an undergraduate degree. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 67 Leila J. Rupp Queer Dilemmas of Desire The dilemmas of desire confronting young women in contemporary US society are all too familiar. In the face of the persistent double standard that separates sluts from good girls, young women mobilize a variety of strategies: they lack desire, deny desire, restrain desire, police desire, and sometimes (...) embrace desire. They confront expectations to be sexy but not too sexual even as they insist on the right to be just as sexually active as men. Even in the hookup scene on college campuses, potentially liberating in its facilitation of noncommittal sexual encounters, young women worry about hooking up too much. It is a familiar story, but one that most often leaves behind young women with queer desires. Where they do appear, there are hints that they are not as likely to suppress their desires as straight women, no doubt because it is hard to ignore one’s desires when they fly in the face of heteronormative expectations. But it is also hard to come to grips with queer desires, and that is why the dilemmas I explore here are different. Unlike young straight women working to control their desires, the queer students whose stories I tell report awareness and acceptance of their attractions, sometimes from a very young age. Yet they encounter other kinds of dilemmas, especially uncertainty about the boundary between erotic love and intense friendship, a dilemma harking back to an earlier world of romantic friendship. And in the end, despite a contemporary social context in which nonnormative sexualities are more visible than ever before, 68 Leila J. Rupp experiencing queer desires continues to elicit confusion. Much has changed, but much has not. We know a great deal about straight dilemmas of desire. On the one hand, the double standard that separates sluts from good girls has persisted, despite the loosening of restrictions we associate with the sexual revolution of the long 1960s. In the face of slut shaming, young women continue to mobilize a variety of strategies, which Deborah Tolman has documented so eloquently in Dilemmas of Desire. Young women of color face additional obstacles to enjoying their desire, as the Latina girls we encounter in Lorena Garcia’s Respect Yourself, Protect Yourself make clear through their policing of their own and other girls’ sexuality in the face of racist stereotypes of unrestrained sexuality and teenage motherhood.1 On the other hand, a whole raft of commentators depict young women increasingly insisting on the right to be just as sexual as men. From Ariel Levy’s Female Chauvinist Pigs to Peggy Orenstein’s Girls and Sex to Nancy Jo Sales’ American Girls, critics lament young women embracing sex as a form of empowerment.2 The tension arising from the contradictory responses of young women to the demands placed on their sexuality is nowhere clearer than in the ongoing debate about the impact of hookup culture on women. Is hooking up good for women because it allows them to be sexual while pursuing their studies and career goals unencumbered by intimate relationships, as Hannah Rosin has suggested? Or is it, as Kathleen Bogle first argued in Hooking Up, exploitative in fashioning sexual encounters around men’s preference for sex without commitment? Or is it somewhere in between, with some 1. See Leora Tanenbaum, Slut! Growing up Female with a Bad Reputation (New York: HarperCollins, 2000); Emily White, Fast Girls: Teenage Tribes and the Myth of the Slut (New York: Berkeley Books, 2002); Sarah A. Miller, “’How You Bully a Girl:’ Sexual Drama and the Negotiation of Gendered Sexuality in High School,” Gender & Society 30, no. 5 (2016): 721–44; Deborah L. Tolman, Dilemmas of Desire: Teenage Girls Talk about Sexuality (Cambridge, MA: Harvard University Press, 2002); and Lorena Garcia, Respect Yourself, Protect Yourself: Latina Girls and Sexual Identity (New York: New York University Press, 2012). 2. Ariel Levy, Female Chauvinist Pigs: Women and the Rise of Raunch Culture (New York: Free Press, 2005). See also Peggy Orenstein, Girls and Sex: Navigating the Complicated New Landscape (New York: HarperCollins, 2016); Nancy Jo Sales, American Girls: Social Media and the Secret Lives of... (shrink)

Introduction -- Part I: Starting points -- Some decisions are easier than others -- Easy decisions -- More difficult decisions -- Moral dilemmas -- The deep basis of the moral life -- Practical decision making -- Why ethics is ultimately religious -- Acceptable and unacceptable forms of revelation -- The useful incomplete ness of religious tradition -- Moral virtue and character -- Intuition and deliberation in moral decision-making -- The absolute and the relative in moral life -- Have we (...) become too relativistic? -- The natural law approach -- God as the absolute -- Facts and values -- Individual integrity and communal authority -- The transcendent absolute -- Rules and relationships -- The moral burden of proof -- The legal analogy -- Applying the idea of "presumption" to ethical decision-making -- Moral presumptions as a common starting point -- Basic moral presumptions -- Uses of scripture -- Positive Christian value presumptions -- The limits and flaws in human nature -- Presumptions that preserve balance -- A presumption for Scripture and tradition -- When presumptions are in conflict -- Part II: Applications and illustrations -- Difficult personal decisions -- Sexual intimacy and family life -- Contraception and abortion -- Choosing a spouse -- Divorce -- Vocational choices -- The uses of our money -- Political choices -- Hard choices in the public arena -- Abortion -- Homosexuality -- The dilemma of "affirmative action" -- Securing economic justice -- Environmental policies -- Criminal justice -- Uses of military power -- Hard choices at the global level -- International institution building -- International security and policing -- Nuclear disarmament -- Economic globalization -- Global warming -- Hard choices in communities of faith. (shrink)

The present article highlights ethical challenges and practical solutions to the problems that arise when designing and conducting the fieldwork data collection with the members of violent youth gangs, prison inmates, and arrestees held in police cells in Nigeria. Issues related to the process of seeking approval and then implementing the research, gaining access, achieving informed consent, confidentiality, the use of interpreters, and remuneration are presented through case studies. The conclusion stresses the need for researchers to be well prepared (...) and sensitive to the research participants' community and cultural backgrounds while following ethical practices in multicultural contexts, especially in Africa and other developing nations. (shrink)

BackgroundPublic Safety Personnel are routinely exposed to human suffering and need to make quick, morally challenging decisions. Such decisions can affect their psychological wellbeing. Participating in or observing an event or situation that conflicts with personal values can potentially lead to the development of moral injury. Common stressors associated with moral injury include betrayal, inability to prevent death or harm, and ethical dilemmas. Potentially psychologically traumatic event exposures and post-traumatic stress disorder can be comorbid with moral injury; however, moral (...) injury extends beyond fear to include spiritual, cognitive, emotional or existential struggles, which can produce feelings of severe shame, guilt, and anger.ObjectiveThis scoping review was designed to identify the extant empirical research regarding the construct of moral injury, its associated constructs, and how it relates to moral distress in firefighters, paramedics, and police officers.MethodsA systematic literature search of peer-reviewed research was conducted using databases MEDLINE, EMBASE, APA PsychInfo, CINHAL PLUS, Web of Science, SCOPUS, and Google Scholar. Included studies were selected based on the inclusion criteria before being manually extracted and independently screened by two reviewers.ResultsThe initial database search returned 777 articles, 506 of which remained after removal of duplicates. Following review of titles, abstracts, and full texts, 32 studies were included in the current review. Participants in the articles were primarily police officers, with fewer articles focusing on paramedics and firefighters. There were two studies that included mixed populations. Most studies were qualitative and focused on four topics: values, ethical decision-making, organizational betrayal, and spirituality.ConclusionPublic safety organizations appear to recognize the experience of moral distress or moral injury among public safety personnel that results from disconnects between personal core values, formal and informal organizational values, vocational duties, and expectations. Further research is needed to better understand moral distress or moral injury specific to public safety personnel and inform training and treatment in support of public safety personnel mental health. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the (...) defendant is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

For more than two centuries the constitutional State and the principle of legality have constructed a rampart against the selfsufficiency of police power, but the events of Summer zoo1 have brutally unveiled the porosity of this limit. Suddenly, an entire history reappeared, preciously instructive, supposedly past and dedicated to erudition since the fateful date, 1789. Like the revolutionaries in the constituent and legislative Assembly , we are once again confronted by a dilemma barely modified by two centuries of juridical (...) positivism. Is it possible to subject the activities of the police to a system of legal control, or must we rather admit that that institution possesses its own standards and that any blunders are less the sign of a specific violation of the law than the confirmation of a structural specificity proper to the police? (shrink)

This chapter contains sections titled: Pat and Sam Who Are We Talking About? Things That Are Just Plain Wrong Friendship and Sexual Relationships Harms and Benefits of Student‐Professor Relationships Spending More Time Biased Assessment The Benefits of Friendship Avoiding Injustice Policing Pat and Sam.

The present situation of the HIV/AIDS epidemic is very grim in China. The probability of China becoming a country with a high prevalence of HIV/AIDS cannot be excluded because there have been factors which promote the wide spread of HIV if we fail to take timely action to prevent it at the opportune moment. However, China's HIV prevention policy is inadequate. Health professionals and programmers believed that they could take a conventional public health approach to cope with the HIV epidemic. (...) They simply ignored the fact that HIV infection is an epidemic so special that their approach is not effective to deter the epidemic. Many health professionals and programmers bypassed ethical issues that had emerged in the prevention of the HIV epidemic. Even some health educators, sexologists and officials believe that `AIDS is the punishment for promiscuity', and this belief has led to discrimination and stigmatization of AIDS patients, HIV positive people, their family members and high risk groups. Although homosexuality is not illegal, the police can always find any reason to detain homosexuals. A difficult ethical issue is about the laws prohibiting prostitution and drug use in China which force prostitutes and intravenous drug users underground, giving them no chance to access information, education and the services needed to protect them. The dilemma facing China is whether to stay with a restrictive policy for the reason of ideology cleansing or to turn to a more supportive policy. It is necessary to have some change in the ethical framework to evaluate the action in HIV prevention. Tolerance should be the first ethical principle. (shrink)

The present situation of the HIV/aids epidemic is very grim in China. The probability of China becoming a country with a high prevalence of HIV/aids cannot be excluded because there have been factors which promote the wide spread of HIV if we fail to take timely action to prevent it at the opportune moment. However, China's HIV prevention policy is inadequate. Health professionals and programmers believed that they could take a conventional public health approach to cope with the HIV epidemic. (...) They simply ignored the fact that HIV infection is an epidemic so special that their approach is not effective to deter the epidemic. Many health professionals and programmers bypassed ethical issues that had emerged in the prevention of the HIV epidemic. Even some health educators, sexologists and officials believe that `AIDS is the punishment for promiscuity', and this belief has led to discrimination and stigmatization of AIDS patients, HIV positive people, their family members and high risk groups. Although homosexuality is not illegal, the police can always find any reason to detain homosexuals. A difficult ethical issue is about the laws prohibiting prostitution and drug use in China which force prostitutes and intravenous drug users underground, giving them no chance to access information, education and the services needed to protect them. The dilemma facing China is whether to stay with a restrictive policy for the reason of ideology cleansing or to turn to a more supportive policy. It is necessary to have some change in the ethical framework to evaluate the action in HIV prevention. Tolerance should be the first ethical principle. (shrink)

Exploring the concepts of ethics, morality, and decision-making for the law enforcement community, Decision Point: Real-Life Ethical Dilemmas in Law Enforcement offers an inside look at the difficult challenges officers confront every day as they face ethical decisions that could drastically alter the course of their careers. Through a series of real-life vignettes, the book reviews specific scenarios, the actual decisions that were made, and the consequences and implications of these decisions. Focusing on the critical thinking needed for making (...) appropriate decisions, it retrospectively discusses considerations that were or should have been evaluated at the time. An engaging text ideal for classroom use, the book offers discussion questions at the end of each chapter that can be used as assignments, group breakout discussions, or professor-facilitated discussions. (shrink)

The COVID-19 pandemic’s disproportionate harm to racialized communities and increased public attention to the deaths of Black people at the hands of police (Elijah McClain, Breonna Taylor, George F...

This article examines conceptualisations of violence against women developed in Brazilian feminism, and in legal and institutional measures against violence, from the 1980s to the present. Based on ethnographic studies carried out at the Women’s Police Stations and Special Criminal Courts, and the controversies surrounding the 2006 Brazilian Law on domestic and familial violence, the authors map the meanings of expressions such as ‘violence against women’, ‘marital violence’, ‘domestic violence’, ‘family violence’ and ‘gender violence’. The article reveals that the (...) discourse that transforms violence into crime, in the Brazilian context, leads to semantic and institutional developments that replace an interest in politicising justice for the defence of women with the judicialisation of family relations. (shrink)

Entrapment is defined and distinguished from related law enforcement practices. The subjective test of entrapment formulated by the Supreme Court and the objective test proposed by critics are discussed and evaluated. The argument is advanced that entrapment is a morally unjustifiable practice which is inconsistent with the rights of citizens in a democratic society. Guidelines are proposed for governing police conduct in potential entrapment situations and suggestions made regarding ways these guidelines might be implemented.

Researching two different work settings, police work and hospice care, the authors experienced a strange sense of discomfort in their bodies during their fieldwork when investigating professional training and work situations, especially in encounters with citizens and patients. In some of those situations, the authors withdrew physically or mentally from the situation without wanting to do so, feeling emotionally affected by the uncertainty of the situations, not fully grasping the meaning of what was going on. In a strange way (...) they felt awkwardly detached from their research activities and their bodily involvement in their fieldwork. In this article, the authors seek to explore the meaning of awkwardness embedded in some kinds of ethical dilemma. Through a phenomenological analysis based on the concept of intentionality of the body and a model of inner dilemmas, they reach a renewed understanding on the phenomenon of awkwardness as a natural way for researchers to respond to challenging fieldwork situations. Finally, they propose and unfold mutual interviewing and cooperative analysis as methods of investigating researcher's subjectivity in facing such situations. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

Economists and biologists have proposed a distinction between two mechanisms – “strong” and “weak” reciprocity – that may explain the evolution of human sociality. Weak reciprocity theorists emphasize the benefits of long-term cooperation and the use of low-cost strategies to deter free-riders. Strong reciprocity theorists, in contrast, claim that cooperation in social dilemma games can be sustained by costly punishment mechanisms, even in one-shot and finitely repeated games. To support this claim, they have generated a large body of evidence concerning (...) the willingness of experimental subjects to punish uncooperative free-riders at a cost to themselves. In this article, I distinguish between a “narrow” and a “wide” reading of the experimental evidence. Under the narrow reading, punishment experiments are just useful devices to measure psychological propensities in controlled laboratory conditions. Under the wide reading, they replicate a mechanism that supports cooperation also in “real-world” situations outside the laboratory. I argue that the wide interpretation must be tested using a combination of laboratory data and evidence about cooperation “in the wild.” In spite of some often-repeated claims, there is no evidence that cooperation in the small egalitarian societies studied by anthropologists is enforced by means of costly punishment. Moreover, studies by economic and social historians show that social dilemmas in the wild are typically solved by institutions that coordinate punishment, reduce its cost, and extend the horizon of cooperation. The lack of field evidence for costly punishment suggests important constraints about what forms of cooperation can or cannot be sustained by means of decentralised policing. (shrink)

The purpose of this research is to extend prior research testing the premise that small deviations from ethical behavior lead to even larger deviations from ethical behavior. This study examines the association between a person’s willingness to bribe a police officer to avoid being issued a speeding ticket with their views on inappropriate behavior of corporate executives. Our sample of 528 participants comes from Colombia (90), Ecuador (70), South Africa (131) and the United States (237). As part of our (...) data gathering, we controlled for social desirability response bias in the responses of the students who participated in our study. Our data indicate significant differences between the views of the students from Colombia, Ecuador, and South Africa when compared to the views of the students from the United States. The analysis indicates that, for all four dilemmas, the most significant variable was the belief about how ethical it was to pay a bribe to avoid a traffic ticket. In addition, in three of our four dilemmas, Paulhus’ Impression Management Subscale, which measures social desirability response bias, was the second most significant variable. Finally, in three of the four dilemmas, the students from Colombia, Ecuador and South Africa thought the actions described in the dilemmas were less ethical than the students from the United States. (shrink)

Economists and biologists have proposed a distinction between two mechanisms – “strong” and “weak” reciprocity – that may explain the evolution of human sociality. Weak reciprocity theorists emphasize the benefits of long-term cooperation and the use of low-cost strategies to deter free-riders. Strong reciprocity theorists, in contrast, claim that cooperation in social dilemma games can be sustained by costly punishment mechanisms, even in one-shot and finitely repeated games. To support this claim, they have generated a large body of evidence concerning (...) the willingness of experimental subjects to punish uncooperative free-riders at a cost to themselves. In this article, I distinguish between a “narrow” and a “wide” reading of the experimental evidence. Under the narrow reading, punishment experiments are just useful devices to measure psychological propensities in controlled laboratory conditions. Under the wide reading, they replicate a mechanism that supports cooperation also in “real-world” situations outside the laboratory. I argue that the wide interpretation must be tested using a combination of laboratory data and evidence about cooperation “in the wild.” In spite of some often-repeated claims, there is no evidence that cooperation in the small egalitarian societies studied by anthropologists is enforced by means of costly punishment. Moreover, studies by economic and social historians show that social dilemmas in the wild are typically solved by institutions that coordinate punishment, reduce its cost, and extend the horizon of cooperation. The lack of field evidence for costly punishment suggests important constraints about what forms of cooperation can or cannot be sustained by means of decentralised policing. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...) than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

Medicine interacts with the social, legal and political elements of life. For example, UK homelessness leads to a reduction in life-expectancy of around 30 years.1 This issue is a daily reality for practicising clinicians. In research and research ethics, vulnerable groups, including the socially vulnerable, are frequently excluded from research. While there are good reasons for this, it can mean exclusion from benefits as well as from risks. In our feature article this month, Dawson et al make a compelling and (...) nuanced case — and a practical proposal — for designing research protocols for HIV prevention measures that allow for the inclusion of people who inject drugs without compromising their safety from a legal and social perspective as well as a medical one. Along the way, they reference some of the public health damage caused by legal and social policy. To take one example: ‘if police beatings were eliminated in Odessa, Ukraine, HIV incidence among PWID would decrease up to 19% over a 5 year period’.2 For those of us in the university sector, measuring ‘impact’ has become a major, and sometimes controversial, way that our output is judged. This paper highlights the real-world importance of research impact as well as the kinds of difficulties researchers face. A series of commentaries probe the practical proposal put forward in the paper by Dawson et al. Lavery applies Rittel and Webber’s concept of ‘wicked problems’ to the dilemmas facing researchers in this context: > Wicked problems have 10 defining characteristics: they are not amenable to definitive formulation; it is not obvious when they have been solved; solutions are not true or false, but good or bad; there is no immediate, or ultimate, test of a solution; every implemented solution is consequential, it leaves traces that cannot be undone; there …. (shrink)

Controlling the movement of potentially infectious bodies has been central to Australian immigration law. Nowhere is this more evident than in relation to tuberculosis, which is named as a ground for refusal of a visa in the Australian context. In this paper, I critically examine the “will to knowledge” that this gives rise to. Drawing on a critical analysis of texts, including interviews with migrants diagnosed with TB and healthcare professionals engaged in their care, I argue that this focus on (...) border policing, rather than resettlement and the broader social determinants of health that drive current rates of TB, paradoxically renders migrants diagnosed with TB as liminal subjects in the post-arrival phase. This raises ethical issues about who “matters,” as well as dilemmas about what constitutes adequate care for the “Other,” both of which go to the heart of the political economy of migration. (shrink)

What happens when we discover that a severely mentally handicapped girl, resident under our care, is heavily pregnant? What options are open to us in her management? What are the legal and ethical issues involved? How do we ensure that she receives the best possible care and protection and will the involvement of the police actually make the situation worse? Few of us have had the experience of working through such dilemmas, and little help can be found in (...) consulting 'experts' who are awaiting the result of 'test cases' in the High Courts. This article highlights some of the problems we encountered with such a case. (shrink)

The author starts from the hypothesis that it is essential for the countries of the region to critically assess the synergy established between systemic, political corruption and a selectively weak,?devious? nature of the state. Moreover, the key dilemma is whether the expanded practice of political rent seeking supports the conclusion that the root of all corruption is in the very existence of the state - particularly in excessive, selective and deforming state interventions and benefits that create a fertile ground for (...) corruption? The author argues that the destructive combination of weak government and rampant political corruption is based on scattered state intervention, while also rule the parties cartel in the executive branch subordinate to parliament, the judiciary and the police. Corrupt exchange takes place with the absence of strong institutional framework and the precise rules of the political and electoral games, control of public finances and effective political and anti-monopoly legislation and practice included. Exit from the current situation can be seen in the realization of effective anti?corruption strategy that integrates preventive and repressive measures and activities and lead to the establishment of principles of good governance. (shrink)

This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the (...) operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the _in dubio pro reo_ principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection _acquis_, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, _inter alia_, the new dimensions suspicion has acquired. (shrink)

Health care professionals are one of a large group of individuals who are exposed to significant risks by virtue of their occupation, such as the police, mountain rescuers, fire-service. The types of risk to which health care professionals are exposed are numerous, many of which remain largely unrecognised by the public and may even be underestimated by the professionals themselves. Examples of these health risks include fatigue, emotional/psychological trauma, physical injury caused by the use of machinery, back injuries, possible (...) even violent physical assault from a patient or hospital visitor. There is also a very significant risk of acquiring an illness in the course of employment, for example, physical damage caused by the prolonged use of toxic substances, and also infectious diseases which are acquired by various routes, such as air-borne infections, needle-stick injuries. Subjective risk evaluation and the notion of risk in health care from the patients' perspective has been widely considered over many years, and in a number of different areas, including medical research, screening procedures, consent to surgery or other medical intervention. In this paper, however, the moral dilemmas which may arise for health care professionals in relation to health risks are highlighted and specific questions are raised. (shrink)

This paper describes what could be labeled “best practices” in teaching ethics to those entering the criminal justice, criminology and related professional fields. The underlying focus of the discussion is on the “self” and reflects the beliefs of the authors in the pedagogic thesis that ethics awareness begins with individual social actors and their existing world views. Thereafter, self awareness of ethical dilemmas and internal safeguards against unethical behavior are defined by those same individuals. Lastly, the process continues when (...) the social actor gains an internalized, self-generated, accountability for one’s own actions. That self accountability may morph over time, depending on circumstances, but individual social actors remain effectively protected from unethical behavior as they master their own ethical challenges and live within their individualized sense of ethical purpose. To make these arguments the authors describe the background for an effective learning paradigm for the study of ethics that can be used in university level criminal justice courses, criminology classes, and police training sessions. This pedagogic approach is theoretically informed and used in classes designed to teach ethics to criminal justice professionals, criminology students who are entering a variety of professions. (shrink)

ABSTRACTCase summary, by James Cook :In the final issue of the 2015 volume of the Journal of Military Ethics, we published a case study entitled “Coining an Ethical Dilemma: The Impunity of Afghanistan’s Indigenous Security Forces”, written by Paul Lushenko. The study detailed two extra-judicial killings by Afghan National Police personnel in an area stabilized and overseen by a US-led Combined Task Force. To deter further EJKs following the first incident, the CTF’s commander reported the incidents up his chain (...) of command and used the limited tools at his disposal to influence local indigenous officials directly. Apparently, the ANP unit took no notice. In his commentary on the case study, Paul Robinson considered moral compromise in war more generally. Coalition troops in Afghanistan, for instance, have encountered not just EJKs but also sexual abuse of minors, killing of non-combatants, kidnapping, torture, and widespread corruption. What should the soldier on the... (shrink)

Understand the fundamental principles of lawyering and how to apply them to professional conductEthics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. The text offers a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations. It aims to (...) encourage the development of students' 'moral compass', guiding them on how they might address ethical dilemmas and difficult situations before they are faced with these in reality.This third edition retains the original focus and principles of the previous editions but has been thoroughly updated to address the considerable changes to the legal profession and the environment.NEW TO THIS EDITIONUpdated to reflect rapid technological advances and ongoing globalisation processesStronger focus on health and wellbeing, addressing the mental health issues amongst lawyersMore case studies included throughoutSignificant updates to chapters:2: The Framework of Lawyering - updated to include the application of Uniform Law in Western Australia5: Loyalty to the Client - References to Lawyer X (Nicola Gobbo) case - Gobbo, while representing a number of significant criminal identities, also acted as a police informant providing information that contributed to the arrest and conviction of those clients6: Confidentiality - More detail relating to the Lawyer X case, and a discussion of the case of Collaery. The case is ongoing at the time of writing. It concerns the Commonwealth Government's action in seizing documents from an Australian lawyer representing Timor-Leste. Documents seized included a brief relating to a then current action against the Australian Government before the International Court of Justice7: Competence - more detail added on a lawyer's competence as to understanding and using technology, detailed discussion of mental health issues raised in misconduct proceedings and updated to include the relationship of wellbeing to competence9: Service and Access to Justice - updated to include more on seeking to define access to justice and identifying types of vulnerability. (shrink)

That Jehovah’s Witnesses may refuse lifesaving blood transfusions is a morally accepted feature of contemporary medical practice. The principle of respect for autonomy supports this, and there is seldom reason to interfere with this choice because it rarely harms another individual. Advances in surgical technique have made it possible for transplant surgeons to perform bloodless organ transplant, enabling Jehovah’s Witnesses to benefit from this treatment. When the transplant organ is a directed donation from a family member or friend, no ethical (...) dilemma arises. However, when a Jehovah’s Witness cannot identify a living donor and wishes to be listed for organ transplant, the transplant team may face an ethical dilemma. On the one hand, it wishes to provide care to the patient that is compatible with her or his preferences. On the other hand, the team may wonder if it is fair to other patients who need an organ and will accept blood transfusion to include the Jehovah’s Witness patient on a waiting list for a donated organ. If the Jehovah’s Witness patient is listed and receives an organ, then a patient who also needs an organ, and who is willing to accept all care to optimize the success of the transplant, may be denied an organ.To frame the ethical dilemma outlined above we present an anonymized case of a Jehovah’s Witness woman in urgent need of a kidney, who was referred to one of the authors’ institution’s transplant center. We review the evolution of the Jehovah’s Witness position on blood transfusion and the medical community’s efforts to provide care that accommodates this religious commitment. If Witnesses are to be denied transplant in the name of justice, there must be an ethically sound reason. We identify two rationales in the literature: (1) this allocation is unacceptable because it will cost lives; (2) resources should be allocated to patients who comply with the standard of care. We argue that neither apply to this dilemma. We also emphasize the importance of examining the data on outcomes of transplant with and without transfusion. Our interpretation of the published data on transplant without transfusion is that the outcomes are similar. We conclude that, in the absence of data that resources are risked, it is not ethical to refuse to include a Jehovah’s Witness patient on a waiting list for an organ. Finally, we reflect on the heterogeneity in transplant institutes’ polices for accepting Jehovah’s Witness patients. (shrink)

Responsibility and professionalism are increasingly issues of concern for professional associations, employers and educators alike. When bad things happen, professionals are often held personally accountable for complex situations. Professional Responsibility and Professionalism advances our approaches to professional responsibility from individual-centred, virtue-based prescriptions towards understanding and responding effectively to the multifaceted challenges encountered today by professionals working in dynamic complexity. The author applies a sociomaterial examination to specific examples drawn from different professional contexts of practice. She examines important implications for what (...) professional responsibility and accountability might mean individually and collectively, and what it might be becoming when demands increasingly conflict, and when we accept that capacities for action are performed into existence in emergent and precarious webs of both human and non-human forces. The chapters explore some of the most prominent questions in professional responsibility, including: What does professional responsibility, and accountability, mean in the escalating complexities and conflicts confronting today's professionals? How does professional responsibility become developed and enacted, and through what social and material entanglements? How should responsibility be determined in multi-agency and interprofessional practice? What happens when professional decisions are delegated to software algorithms and diagnostic instruments? How are new governing regimes of professional work, such as innovation imperatives, excessive audit and logics of blame and scapegoating, reconfiguring responsibility? How can professionals respond simultaneously to individuals in need, the obligations of their profession, the demands of their employer and an anxious society? A major concern addressed by each chapter, and the book as a whole, is educating professionals in and for responsibility. Specific dilemmas and strategies are offered for educators in universities, workplaces and professional development contexts who seek new approaches to helping professionals learn to critically understand and practise responsibility today. This book will appeal to a wide audience of education researchers and post-graduate students studying professional practice, professionalism and education across a wide range of disciplines. Health professionals, professionals working in private practices, such as law, architecture and engineering, newer professions such as social work and policing, and educational professionals at all levels will find stories and strategies reflecting key issues of their practice in this detailed exploration of professional responsibility and accountability. (shrink)

Psychiatric examinations in official institutions of the Brazilian government include examinations of individual convicts – some of whom are highly dangerous – carried out by court decision. These individuals are taken handcuffed under police escort from penitentiaries to the examination site. In most Brazilian states, medical examiners or experts adopt the basic procedure of asking the police officers to remove the handcuffs from the convict for the examination to be carried out. This article analyzes, from the bioethical standpoint, (...) the behavior of 49 forensic psychiatrists in eight Brazilian states in relation to procedures adopted as protection measures against any possible danger posed by their examinees. In the context of a developing country, where sophisticated protection means are not available, the practice of keeping convicts handcuffed during such examinations is compared to other measures and more advisable alternatives are discussed from the ethical standpoint. Considering the dilemma between showing minimum respect for the autonomy of examinees and ensuring the security of examiners, the need to adopt equitable procedures based on the recognition of the different needs of examiners and examinees is addressed. (shrink)

Psychiatric examinations in official institutions of the Brazilian government include examinations of individual convicts – some of whom are highly dangerous – carried out by court decision. These individuals are taken handcuffed under police escort from penitentiaries to the examination site. In most Brazilian states, medical examiners or experts adopt the basic procedure of asking the police officers to remove the handcuffs from the convict for the examination to be carried out. This article analyzes, from the bioethical standpoint, (...) the behavior of 49 forensic psychiatrists in eight Brazilian states in relation to procedures adopted as protection measures against any possible danger posed by their examinees. In the context of a developing country, where sophisticated protection means are not available, the practice of keeping convicts handcuffed during such examinations is compared to other measures and more advisable alternatives are discussed from the ethical standpoint. Considering the dilemma between showing minimum respect for the autonomy of examinees and ensuring the security of examiners, the need to adopt equitable procedures based on the recognition of the different needs of examiners and examinees is addressed. (shrink)

In an age in which the lack of independent public intellectuals has often been sorely lamented, the historian Tony Judt played a rare and valuable role, bringing together history and current events, Europe and America, what was and what is with what should be. In When the Facts Change, Tony Judt's widow and fellow historian Jennifer Homans has assembled an essential collection of the most important and influential pieces written in the last fifteen years of Judt's life, the years in (...) which he found his voice in the public sphere. Included are seminal essays on the full range of Judt's concerns, including Europe as an idea and in reality, before 1989 and thereafter; Israel, the Holocaust and the Jews; American hyperpower and the world after 9/11; and issues of social inclusion and social justice in an age of increasing inequality. Judt was at once most at home and in a state of what he called internal exile from his native England, from Europe, and from America, and he finally settled in New York--between them all. He was a historian of the twentieth century acutely aware of the dangers of ethnic exceptionalism, and if he was shaped by anything, it was the Jewish past and his own secularism. His essays on Israel ignited a firestorm debate for their forthright criticisms of Israeli government polices relating to the Palestinians and the occupied territories. Those crucial pieces are published here in book form for the first time, including an essay, never previously published, called 'What Is to Be Done?' These pieces are suffused with a deep compassion for the Israeli dilemma, a compassion that instilled in Judt a sense of responsibility to speak out and try to find a better path, away from what he saw as a road to ruin. When the Facts Change also contains Judt's homages to the culture heroes who were some of his greatest inspirations: Amos Elon, Francois Furet, Leszek Kolakowski, and perhaps above all Albert Camus, who never accepted the complacent view that the problem of evil couldn't lie within us as well as outside us. Included here too is a magnificent two-part essay on the social and political importance of railway travel to our modern conception of a good society; as well as the urgent text of 'What Is Living and What Is Dead in Social Democracy,' the final public speech of his life, delivered from a wheelchair after he had been stricken with a terrible illness; and a tender and wise dialogue with his then-teenage son, Daniel, about the different outlooks and burdens of their two generations. To read When the Facts Change is to miss Tony Judt's voice terribly, but to cherish it for what it was, and still is: a wise, human, deeply informed view on our most pressing concerns, delivered in good faith. (shrink)

Ideal for anyone involved in the study of criminal justice, this book acquaints students with the philosophical concepts upon which ethical theory is based. It applies these ideas to specific issues and dilemmas within the criminal justice system. Its ultimate goal is to acquaint students with basic concepts of ethics in criminal justice and to train the mind to solve moral issues independently. The Ethical Foundations of Criminal Justice offers a comprehensive definition of ethics, and elucidates its unique language (...) and logic. The book explores the major ethical theories, with extensive discussion of authorities like Kant, Aristotle, Mill, and Hobbes. Chapters investigate normative ethics, teleological theories, deontological theories, and the alternative theories of ethics. The author exhibits the practice of these theories in actual matters of rights, the law, and the behavior of the courts. This book addresses ethics in the context of civil liability, police corruption, and abuse of police power, and includes numerous case studies and references to other relevant works. Criminal justice majors, criminology and law school students, and even police academy cadets will find this text an invaluable source of information both for academic studies and real-world applications. (shrink)

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence (...) of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights. (shrink)

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of (...) class='Hi'>police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools. (shrink)

Race is central to the construction and application of American criminal law and, in turn, criminal law significant to the American racial experience. Yet, there remains controversy about the very nature of the question of “race in criminal law.” This chapter takes up different possible views of race and racism in criminal law, scanning questions surrounding hate crimes and racist intent, before focusing on structural racism in legislation, policing, prosecution, sentencing, mass incarceration and collateral sanctioning as the most pressing facets (...) of race in criminal law. The endemic nature of this racism often prompts legal theorists to speculate about the obligations of oppressed racial minorities to obey the law. Ironically, less explored is the more pressing dilemma, how can privileged citizens find a way to live ethically under a system of criminal law that imposes racial injustice in their name. (shrink)

This article presents a study on the ethical dilemma of whistleblowing in physical therapy, and suggests some lines for further research on this topic as well as ways for integrating it in the physical therapy curriculum. The study examines the self-reported willingness of physical therapy students to report misconduct, whether internally or externally, to protect the patient's interests. Internal disclosure entails reporting the wrongdoing to an authority within the organisation. External disclosure entails reporting the offence to an outside agency, such (...) as the police, professional organisation, or press. The findings indicate that the students view the acts that are detrimental or cause injustice to the patient in a very serious light. In dilemma situations such as these, the students reported a willingness to act. The students also report considerably greater likelihood of whistleblowing internally than externally. The pattern reveals a desire to correct the misconduct coupled with a marked decline in the willingness to blow the whistle as this act moved from the workplace to an external authority. (shrink)

This chapter contains sections titled: A Lover's Question The Game of Love Where Did Our Love Go? Love is Strange.