The Affordable Care Act has been touted as a long‐overdue remedy for what is perceived to be the chronic problem of large numbers of Americans living without adequate health insurance. While much of the discussion of the ACA has focused on its legality, it should also be assessed on the basis of its economic implications and its moral acceptability. On its face, the ACA appears to do well on both counts. Given that the uninsured often secure their health care from (...) expensive emergency room treatment (from which they cannot be excluded and whose cost is often borne by third parties), expanding insurance to cover them (and hence to give them access to less expensive treatments) appears to make economic sense. Similarly, it might appear that providing access to insurance for people who otherwise could not afford it, or who would be denied it as a result of having medical conditions that they are not responsible for, would be morally laudable. But these appearances deceive: The ACA is neither economically sound nor morally acceptable. To paraphrase Oscar Wilde, to fail on one of these criteria may be misfortune; to fail on both looks like carelessness. (shrink)

The COVID-19 crisis illustrates the fragility of supply chains. Countries with excellent health systems struggled to ensure essential supplies of food, medicines, and personal protective equipment which were vital to a fast and effective response. Using geo-legality, which maps the constitutive relations between law and space, we argue that the failure of supply chains in many western countries during the crisis reveals a fundamental tension between their role as facilitators of care and caring, and the logistic logics by which they (...) operate. While supply chains link the intimate, domestic concerns of providing medical care with the globalised geographical concerns of moving goods across different jurisdictions at the right time, their contemporary organisation and regulation does not reflect the caring relations and public goods they are meant to support. Drawing on analysis of examples from Canada, the United Kingdom, and the United States, this article argues that a reconfiguration of supply chains in accordance with feminist approaches that place care at the centre of supply chain operation and organisation will be important to amendments of both domestic and global health law. (shrink)

Bernard Stiegler works systematically through the current crisis in education and family relations resulting from the mesmerizing power of marketing technologies. He contends that the greatest threat to social and cultural development is the destruction of young people's ability to pay critical attention to the world around them. This phenomenon, prevalent throughout the first world, is the calculated result of technical industries and their need to capture the attention of the young, making them into a target audience and reversing the (...) relationship between adults and children. _Taking Care_ exposes the carelessness of these industries and urges the reader to re-enter the "battle for intelligence" against the drive-oriented culture of short-term attention characteristic of the negative aspects of the new technologies. Long-term attention, Stiegler shows, produces retentions of cultural memory mandatory for social development—and for the counteracting of ADD and ADHD. Examining the history of education from Plato to the current quagmires in France and the United States, he tracks the notion of critical thinking from its Enlightenment apotheosis to its current eradication. Stiegler is unique in combining the most radical of theoretical constructs—such as "grammatization"—with quite traditional values, values he proposes we re-address in our not-so-brave new world. (shrink)

It is popularly believed that if A owes B a duty of care in negligence, A will not actually have a legal duty to be careful: A will merely be required to pay damages to B if she suffers loss as a result of A's being careless. We can call this the cynical view of duties of care and those who adopt it, cynics. However, it is possible to take a different view of duties of care in negligence, according (...) to which if A owes B a duty of care of some description, A will actually have a legal duty to be careful. We can call this the idealistic view of duties of care in negligence and those who adopt it, idealists. This article explains the importance of the debate between idealists and cynics over the nature of duties of care in negligence and goes on to argue that the cynical view of duties of care in negligence is, in fact, wrong and that the idealistic view of such duties should be preferred. (shrink)

When Andromache emerges from the inner chamber in Book 22, ascends the walls of Troy and looks out over the plain, she beholds a spectacle of ruthless brutality. She who has not been aware of the final combat, nor of the slaying of her husband, is suddenly confronted by the receding trail of utter defeat. Swift horses drag her husband's corpse into the distance, the cherished head disfigured as it is dragged, raking the dust of what was once their homeland. (...) The violence of the scene is forcefully conveyed by one word in particular. The swift horses drag Hektor κηδστως —without κδος without care, ‘sans soucier de, brutalement’. In itself the word κηδστως provides a definition of violence, one captured in Shakespeare's phrase ‘careless force’. Violence is, in its harsh brutality, specifically heedlessness, an absence of any form of care. When Achilles hurls the slain suppliant Lykaon into the river he utters the taunt, ‘the fish, κηδες, will lick clean your wound's blood’ . The discarded corpse is denied funeral rites: in place of the care that the relations of the dead traditionally bestow in tending, washing, enshrouding, lamenting, and burying the dead, here the heedless creatures of nature, fleeting visitors, will attend to the corpse, ‘clean’ it, but utterly without care, completely oblivious to the oblivion they create by destroying. In Book 24 Achilles will describe the gods themselves as κηδες. (shrink)

Conventional management strategies for anti-corporate anger involve its negative construal as an inappropriate irrationality in need of containment. An alternative account is offered in which such anger comprises a healthy and health-sustaining component of care-based moral agency directed not only toward the affiliative advancement of connection among community members, but also toward the (political) resistance to violation, injustice, and carelessness through which disconnection from responsive community relationships occurs. The role of anger in care-based moral agency is demonstrated through discussion (...) of the classic case of environmental and human health crisis at Love Canal, New York. (shrink)

Background:In recent years, operating theatre nurse students’ education focused on ethics, basic values and protecting and promoting the patients' dignity in perioperative practice. Health professionals are frequently confronted with ethical issues that can impact on patient’s care during surgery.Objective:The objective of this study was to present what operating theatre nursing students perceived and interpreted as undignified caring in perioperative practice.Research design:The study has a descriptive design with a hermeneutic approach. Data were collected using Flanagan’s critical incident technique.Participants and research context:Operating (...) theatre nurse students from Sweden and Norway participated and collected data in 2011, after education in ethics and dignity. Data consisting of 47 written stories and the text were analysed with hermeneutical text interpretation.Ethical considerations:The study was approved by the Karlstad University's Research Ethics Committee.Findings:The findings show careless behaviour and humiliating actions among health professionals. Health professionals commit careless acts by rendering the patient invisible, ignoring the patient’s worry and pain and treating the patient as an object. They also humiliate the patient when speaking in negative terms about the patient’s body, and certain health professionals blame the patients for the situation they are in. Health professionals lack the willingness and courage to protect the patient’s dignity in perioperative practice.Discussion:In the discussion, we have illuminated how professional ethics may be threatened by more pragmatic and utilitarian arguments contained in regulations and transplant act.Conclusion:The findings reveal that patients were exposed to unnecessary suffering; furthermore, the operating theatre nurse students suffered an inner ethical conflict due to the undignified caring situations they had witnessed. (shrink)

Partant du constat d’une certaine confusion régnant dans les études sur le néolibéralisme, cette étude entend apporter des éléments de clarification quant au sens et à l’histoire de la doctrine. Pour ce faire, elle s’efforce tout d’abord de dresser une typologie originale des diverses tendances (ordolibérale, néoclassique, autrichienne et française), puis essaie d’éclairer, à la lueur de cette cartographie, les différentes mutations du mouvement jusqu’à aujourd’hui.

In Decent People, Norman Care explores how we may understand and be reconciled to the fragility of our moral nature. In his highly original vision of what it means to be a decent person, Care claims that our moral-emotional nature pressures us to seek relief from moralized pain - pain that comes from our awareness of our own wrongdoing, the suffering of current or future people, and our experience of indifference to moral imperatives. Care argues that decent people are neither (...) 'pure' nor self-righteous and that they are vulnerable to the need for forgiveness. Decent people may take morality seriously, but they are not guaranteed success at its challenges. (shrink)

The article is a critical discussion of "contractualism" in moral and political philosophy as developed by john rawls and applied by w. G. Runciman. It attempts to clarify the sense in which contractualism is a moral theory and to assess its powers as a normative account of moral criticism. It argues that the structure of contractualism suggests an attractive way of formulating rival moral theories but not a way of arguing for any moral theory, That this reduces the force of (...) a contractualist critique of utilitarianism, And that contractualism is incomplete as a normative account of moral criticism. (shrink)

A motivation problem may arise when morally principled public policy calls for serious sacrifice, relative to ways of life and levels of well-being, on the part of the members of a free society. Apart from legal or other forms of “external” coercion, what will, could, or should move people to make the sacrifices required by morality? I explore the motivation problem in the context of morally principled public policy concerning our legacy for future generations. In this context the problem raises (...) special moral-psychological difficulties. My inquiry suggests pessimism regarding our ability to solve the motivation problem relative to what morality requires on behalf of future generations. (shrink)

A motivation problem may arise when morally principled public policy calls for serious sacrifice, relative to ways of life and levels of well-being, on the part of the meInbers of a free society. Apart from legal or other forms of “external” coercion, what will, could, or should move people to make the sacrifices required by morality? I explore the motivation problem in the context of morally principled public policyconcerning our legacy for future generations. In this context the problem raises special (...) moral-psychological difficulties. My inquiry suggests pessimism regarding our ability to solve the motivation problem relative to what morality requires on behalf of future generations. (shrink)