With recent controversies surrounding the eligibility of athletes with disorders of sex development and hyperandrogenism, as well as continued discussion of the conditions transgender athletes must meet to compete in high-performance sport, a wide array of scholars representing a diverse range of disciplines have weighed in on both the appropriateness of classifying athletes into the female and male categories and the best practices of doing so. In response to cases of high-profile athletes’ sex being called into question, the International Olympic (...) Committee, the International Association of Athletics Federations, and the National Collegiate Athletics Association, among others, published or updated policies addressing who is eligible to compete in the women’s sport category and under what conditions. This paper addresses the areas in which philosophical reasoning and ethical analysis can contribute to reopened debates about the surveillance of the women’s category in sport. Emphasis is placed on determining where the onus of responsibility should fall for ensuring the new policies are followed. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is determined by (...) the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

The UN Security Council adopted sanctions as a means of addressing unrest in Haiti, Iraq, the former Yugoslavia, and Somalia. Damrosch examines this shift from unilateral to collective enforcement and assesses the moral legitimacy and conclusive results of this policy.

This essay examines the ethics of boycotting as a social response to injustice or wrongdoing. The boycotts in question are collective actions in which private citizens withdraw from or avoid consumer or cultural interaction with parties perceived to be responsible for some transgression. Whether a particular boycott is justified depends, not only on the reasonableness of the underlying moral critique, but also on what the boycotters are doing in boycotting. The essay considers four possible interpretations of the kind of act (...) in which boycotting consists: the avoidance of complicity, protest speech, social punishment, or social coercion. Each interpretation provides a plausible account of at least some cases of boycotting, yet each raises distinct challenges to justifying boycotting activities. (shrink)

Information and communications technology (ICT) is now used more by non-IT professional end-users than by IT professionals. A survey of 125 London-based organisations found that the majority had instituted codes of conduct designed to govern the use of ICT by their employees. However, the primary purpose of adopting such codes was to ensure the security and efficient operation of the organisation's information systems rather than for wider ethical considerations. Hence, few of the codes of conduct addressed issues relating to the (...) collection, storage and dissemination of data about individuals (personal data); this was especially the case with codes emanating from IT departments rather than senior management. In general, codes of conduct were found to be ineffective in influencing end-user behaviour in the organisations surveyed. Codes of conduct are a means by which organisations seek to exercise power, control and ownership, but their effectiveness is compromised by the nature of ICT itself as well as the attitudes of employees. The failure of well-publicised ethical policies to influence use of ICT by business studies students – the managers of tomorrow – suggests that these tensions are likely to remain unresolved. (shrink)

This book addresses the pressing issue of severe poverty and inequality, and asks why is it that violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? It provides a sustained argument for placing renewed focus on socio-economic rights as a method of ensuring that governments address extreme poverty. It combines both theoretical and practical perspectives, political philosophy, and constitutional law and policy.

In this article, the right to health is discussed as a social right and an essential requisite in the construction and guarantee of human rights, more precisely human dignity, considering this right as a complex but effective process in the transformation of the social reality. In the first place, the activities of the public power and its difficulties to guarantee universal access to health are highlighted. This scenario ends up inhibiting the practice of the right to health and prevents users (...) from enjoying and using it. In that sense, this article challenges and explores some alternatives to solidify and put in practice the right to health in Brazil. Departing from the analysis of the Unified Health System and social participation in Brazil, this article discusses the judicialization of health in the country, highlighting the difficulties the State faces to equitably offer universal healthcare to society. This context offers an opportunity for reflection and a paradigm change, from the “judicialization of health” to the “judicialization of health policies.” Finally, the public health policies adopted by other countries are emphasized, in the attempt to construct the empowerment of human beings in the practice of their rights, particularly social participation and the discussion about the States’ responsibility to put their citizens’ right to health in practice. In conclusion, the political and collective construction of the right to health needs to be encouraged, distinguishing the legitimate interests of the different interlocutors involved. (shrink)

In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused (...) attention on the role of the state in supporting or opposing various moral views. In political philosophy, often a theoretical reflection of the political debates of the time, we have seen renewed attempts to provide a satisfactory foundation for traditional liberal views of the legitimate scope of state power. In particular, there has been an emphasis on the neutrality of the liberal state and the right of individuals to be treated as equals by the state. (shrink)

To improve the quality and efficiency of research, groups within the scientific community seek to exploit the value of data sharing. Funders, institutions, and specialist organizations are developing and implementing strategies to encourage or mandate data sharing within and across disciplines, with varying degrees of success. Academic journals in ecology and evolution have adopted several types of public data archiving policies requiring authors to make data underlying scholarly manuscripts freely available. The effort to increase data sharing in the sciences (...) is one part of a broader “data revolution” that has prompted discussion about a paradigm shift in scientific research. Yet anecdotes from the community and studies evaluating data availability suggest that these policies have not obtained the desired effects, both in terms of quantity and quality of available datasets. We conducted a qualitative, interview-based study with journal editorial staff and other stakeholders in the academic publishing process to examine how journals enforce data archiving policies. We specifically sought to establish who editors and other stakeholders perceive as responsible for ensuring data completeness and quality in the peer review process. Our analysis revealed little consensus with regard to how data archiving policies should be enforced and who should hold authors accountable for dataset submissions. Themes in interviewee responses included hopefulness that reviewers would take the initiative to review datasets and trust in authors to ensure the completeness and quality of their datasets. We highlight problematic aspects of these thematic responses and offer potential starting points for improvement of the public data archiving process. (shrink)

Computer science advocates institutional frameworks as an effective tool for modelling policies and reasoning about their interplay. In practice, the rules or policies, of which the institutional framework consists, are often specified using a formal language, which allows for the full verification and validation of the framework (e.g. the consistency of policies) and the interplay between the policies and actors (e.g. violations). However, when modelling large-scale realistic systems, with numerous decision-making entities, scalability and complexity issues arise (...) making it possible only to verify certain portions of the problem without reducing the scale. In the social sciences, agent-based modelling is a popular tool for analysing how entities interact within a system and react to the system properties. Agent-based modelling allows the specification of complex decision-making entities and experimentation with large numbers of different parameter sets for these entities in order to explore their effects on overall system performance. In this paper we describe how to achieve the best of both worlds, namely verification of a formal specification combined with the testing of large-scale systems with numerous different actor configurations. Hence, we offer an approach that allows for reasoning about policies, policy making and their consequences on a more comprehensive level than has been possible to date. We present the institutional agent-based model methodology to combine institutional frameworks with agent-based simulations). We furthermore present J-InstAL, a prototypical implementation of this methodology using the InstAL institutional framework whose specifications can be translated into a computational model under the answer set semantics, and an agent-based simulation based on the jason tool. Using a simplified contract enforcement example, we demonstrate the functionalities of this prototype and show how it can help to assess an appropriate fine level in case of contract violations. (shrink)

Recent years have yielded many discussions on how to endow autonomous agents with the ability to make ethical decisions, and the need for explicit ethical reasoning and transparency is a persistent theme in this literature. We present a modular and transparent approach to equip autonomous agents with the ability to comply with ethical prescriptions, while still enacting pre-learned optimal behaviour. Our approach relies on a normative supervisor module, that integrates a theorem prover for defeasible deontic logic within the control loop (...) of a reinforcement learning agent. The supervisor operates as both an event recorder and an on-the-fly compliance checker w.r.t. an external norm base. We successfully evaluated our approach with several tests using variations of the game Pac-Man, subject to a variety of “ethical” constraints. (shrink)

This article assesses which policies for addressing antibiotic resistance as part of a multi-pronged approach would benefit from legalization through an international legal agreement. Ten candidate policies were identified based on a review of existing literature, especially The Lancet Series on Antimicrobial Resistance, The Lancet Infectious Diseases Commission on AMR, and the World Health Organization Global Action Plan for AMR. These policies were then grouped under the headings of access, conservation, and innovation.Each of the ten policies (...) were assessed using four criteria developed by Hoffman, Røttingen, and Frenk to help consider why their legalization may be helpful, necessary and/or justified. These criteria are: the problem has a significant transnational dimension; the goal justifies the coercive nature of law; the outcome is likely to be beneficial; and legalization represents the best commitment mechanism among competing alternatives. (shrink)

We examine enforcement action in China’s emerging markets by focusing on the agents that impose this action and the role played by supervisory boards. Using newly available databases, we find that supervisory boards play an active role when Chinese listed companies face enforcement action. Listed firms with larger supervisory boards are more likely to have more severe sanctions imposed upon them by the China Security Regulatory Commission, and listed companies that face more severe enforcement actions have more supervisory board meetings. (...) Our findings are of interest, as supervisory boards in China are generally perceived to be dysfunctional. This study contributes to the existing literature in three ways. First, we shed light on the effects of supervisory boards whose role in a fraud setting has not yet been examined. Second, the study has important policy implications for governance reform. Finally, our analyses provide the most up-to-date picture of fraud and governance issues in China’s ever-growing markets. (shrink)

A little more than a decade ago, a powerful short book appeared with what was then the provocative title: Rape Warfare: The Hidden Genocide in Bosnia‐Herzegovina and Croatia. It was written by Beverly Allen. In that book she introduced the term "genocidal rape" to describe rapes that were done as policy for the purpose of genocide by Serb military forces in Bosnia‐Herzegovina and Croatia in the early 1990s. This chapter examines the paradox that Allen articulated and places it in the (...) context of the general question of how war rape can be genocidal, whether aimed at pregnancy or not. Drawing on Allen's amazing insight that sperm so used can and should be regarded as a weapon of biological warfare, it discusses a way to show how rape aimed at enforced pregnancy could indeed be genocidal. (shrink)

Each state’s Medicaid Fraud Control Unit prosecutes billing fraud cases against individual healthcare providers who fraudulently bill Medicaid for services provided. Once an individual is convicted of billing fraud, the Office of Inspector General for the Department of Health and Human Services may exclude the individual from billing any federal government healthcare program, including Medicaid. Excluded individuals are added to a public list of exclusions, which restricts their ability to practice professionally. Prompted by criminology research into the impact of policing (...) resources, we test whether these government enforcement initiatives against fraud serve as a deterrent to would-be fraudulent billers. We document that key enforcement proxies, the staffing level and budget of an MFCU, are positively associated with the yearly number of exclusions added at the state level. Our results are consistent with the exclusion list not being a deterrent but provide support for MFCUs’ fraud detection efforts. This paper provides industry-specific fraud insights for auditors and other individuals involved in public policy, specifically Medicaid, and introduces a novel dataset to the accounting fraud research literature. (shrink)

One of the paradoxes of the free software ideology is its reliance on the legal institutions it was created to object to. One could argue that Free Software Foundation is using copyright to enforce their free software licenses as aggressively as the Business Software Alliance is enforcing its clients’ copyrights. We will show that the reality is more complex and that there is a significant difference: the free software community uses primarily non-legal enforcement methods and trusts on social norms. We (...) argue that free software could be used as a tool to make copyright more accepted in the less developed world because of its positive connection with copyright and community based approach. We explain why strong copyright is also in the interest of free software developers. The article concludes by suggesting that World Intellectual Property Organization should include free software into its development agenda. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

Increasing numbers of news organizations have formal codes of ethics for their personnel. This paper looks at the content of media ethics codes, how these codes are written and what comprises a news organization's fixed value system. Results show that many written policies were devised in recent years, and a noticeable number of other news organizations said they have firmly established unwritten policies. The written codes represented in this survey clearly draw lines around certain activities and label them (...) as acceptable or unacceptable for journalists. Teaching, unpaid appearances (such as on a television talk show), and participation in charitable activities are outside interests more acceptable than political activities in behalf of another person, or holding elected or appointed office. Certain activities which remain as unfinished business include: uniformity of enforcement, management ethics, financial interests, and spouse or friend conflict of interest. (shrink)

After describing the three European strategies focused on social control, this essay will first demonstrate that the first two strategies try less to protect societies than to enforce efficient tools of governance. Additionally, they reinforce stereotypes harming Muslim immigrants. I show that diverse approaches in policing can make a difference in the communities where police forces operate. The third strategy, that of prevention requiring the cooperation of the citizens, may be more sustainable in the long term as it facilitates communication (...) among local politicians and involved actors. Finally, I point out that the interplay of interests, ideas and institutions matter a great deal to the comparison. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit (...) moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based (...) whistleblowing mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies. (shrink)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on (...) enforcement by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

Regulation of gatekeepers of taxation has been so controversial and important that a review of ethical standards, professional responsibility and industry guidelines is examined. This paper explores whether gatekeepers of taxation need more ethics and enforcement to increase the compliance rate. In this paper we argue that an effective mixture of professional ethics and enforcement of gatekeepers can increase tax compliance. However, we question how much is optimal or reasonable? We theorize that ethics and enforcement should be proportionate to the (...) ecosystem because too much of it can lead to unintended consequences such as increase costs and higher noncompliance. A friendlier tax authority with less complex laws can enhance the compliance process. This strategy, in amalgamation with professional ethics, enforcement policies, and effective reporting systems, could increase the compliance rate. (shrink)

Background: In biomedical research, there have been numerous scandals highlighting conflicts of interest (COIs) leading to significant bias in judgment and questionable practices. Academic institutions, journals, and funding agencies have developed and enforced policies to mitigate issues related to COI, especially surrounding financial interests. After a case of editorial COI in a prominent bioethics journal, there is concern that the same level of oversight regarding COIs in the biomedical sciences may not apply to the field of bioethics. In this (...) study, we examined the availability and comprehensiveness of COI policies for authors, peer reviewers, and editors of bioethics journals. Methods: After developing a codebook, we analyzed the content of online COI policies of 63 bioethics journals, along with policy information provided by journal editors that was not publicly available. Results: Just over half of the bioethics journals had COI policies for authors (57%), and only 25% for peer reviewers and 19% for editors. There was significant variation among policies regarding definitions, the types of COIs described, the management mechanisms, and the consequences for noncompliance. Definitions and descriptions centered on financial COIs, followed by personal and professional relationships. Almost all COI policies required disclosure of interests for authors as the primary management mechanism. Very few journals outlined consequences for noncompliance with COI policies or provided additional resources. Conclusion: Compared to other studies of biomedical journals, a much lower percentage of bioethics journals have COI policies and these vary substantially in content. The bioethics publishing community needs to develop robust policies for authors, peer reviewers, and editors and these should be made publicly available to enhance academic and public trust in bioethics scholarship. (shrink)

Crowdsourced regulation has been discussed to date by legal and social science scholars mainly in the context of legislation and rulemaking, without paying sufficient attention to non-legislative regulatory functions. This article provides a richer theory of crowdsourced regulation which extends to all regulatory functions, focusing on monitoring and enforcement. Regulatory agencies worldwide harness the power of the public using digital platforms to carry out monitoring and enforcement tasks in regulated markets and sectors. For example, agencies operate online complaint databases that (...) invite the public to report mistreatment of consumers and environmental nuisances by regulated firms. Agencies also publish information concerning corporate misbehavior to publicly shame companies into compliance. Crowdsourcing regulatory monitoring and enforcement can help minimize some prominent ailments of the regulatory task, such as poor resources, diminishing deterrence, declining legitimacy, and capture. It can also promote goals and values such as public participation, increased transparency, public trust in regulators, administrative efficiency, and effectiveness in achieving regulatory objectives. However, crowdsourcing regulatory monitoring and enforcement is subject to a new set of legal, administrative, and democratic failures that need to be acknowledged and addressed. The article develops a theory of crowdsourced regulation that supplies justifications and rationales for crowdsourced regulatory monitoring and enforcement, points out its main pitfalls, and normatively evaluates law and policy implications. (shrink)

Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public and private (...) actors. The implication is that even if restrictive immigration policies are permissible in principle, the attempt to enforce them leads to injustices that make them ethically unacceptable in practice. (shrink)

In this article, the authors explore the impact of a potential future regulatory decision by FDA whether or not to continue its enforcement discretion policy allowing physicians to perform, and stool banks to sell, stool product for fecal microbiota transplantation as a treatment for recurrent Clostridium Difficile infection without an Investigative New Drug application. The paper looks at the Agency's regulatory options in light of the current gut microbiota based products that are in the FDA pipeline for drug approval and (...) the potential impact and repercussions of their approval on FDA action. In laying out FDA's options we consider the implications of market exclusivity and off-label use of newly approved drugs. Ultimately, we explore the potential impact of FDA's decision on patients, research, and innovation. (shrink)

DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the scope of (...) the databases with little critical examination of each expansion's value to law enforcement or cost to privacy and civil liberties.We are now entering a new stage of DNA forensics, in which successive database expansions over the last decade have raised the possibility of creating a population-wide repository. In addition, new applications of DNA profiling, including familial and low stringency searches, have been added to DNA dragnets, the use of medical samples for forensic analysis, and other measures to create a series of crucial, yet largely unexplored, second-generation legal and policy issues. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

New technologies could facilitate new ways of cheating. This emerging scenario places academic integrity policy in higher education institutions as critical. Academic integrity scholars have designed conceptual frameworks to analyze academic integrity policy. The body of the literature on academic integrity policy analysis includes studies developed in North America, Europe, and Australia. However, insight into several regions of the world is lacking. This pioneering study in the Chilean context analyzes documents addressing academic integrity at forty-three accredited universities. Using a qualitative (...) research design, we framed this policy analysis in the five core elements of exemplary academic integrity policy: access, approach, responsibility, detail, and support. The findings revealed challenges with accessing documents online, a strong presence of legal language that might not be understandable to all students, and a scarcity of information about review cycles. The punitive approach was prevalent, with a significant focus on students’ conduct. Signs of collaboration and mechanisms for promoting academic integrity cultures were nearly absent. The documents primarily targeted students and the roles of other stakeholders concentrated on the enforcement of sanctions and misconduct investigations. The analysis also showed the use of general definitions to describe academic integrity breaches, inconsistency across the system in defining plagiarism and a lack of guidance to address contract cheating and unauthorized use of generative artificial intelligence. The findings also highlighted the unavailability of institutional support to teach, learn, and research with integrity or references to research-based practices. We propose twelve practical recommendations for policymakers and academic integrity advocates. (shrink)

We analysed all journals from two Journal Citation Reports categories: ‘Dentistry, Oral Surgery and Medicine’ and ‘Otorhinolaryngology’ published in 2018 for their policies on publishing facial photographs and actual practices of publishing these photographs in articles. We extracted the following data for each journal: JCR category, impact factor, volume, issue, instructions for authors regarding ethical issues, instructions for photograph deidentification, journals’ references to standard research and publishing policies, presence and type of published clinical images, separate informed consent for (...) the publication of patient photograph and methods of deidentification. The sample included 103 journals, which published 568 articles with 1404 clinical images. Around a half of the journals had a policy on clinical images, however, the only predictor of having a journal policy on clinical images was reference in the policy to International Committee of Medical Journal Editors Recommendations. Identifiable patient photographs were found in 13% of the articles, constituting 9% of the total sample of images. Only 16% of articles publishing recognisable patient facial images included a statement about consent for publication of the image. From the total sample of articles, 34% contained deidentified but recognisable patient photographs and only 22% of them had a statement about patient consent for photograph publication. The patients’ consent was more likely stated in the article in cases of recognisable facial images. Journals publishing clinical research involving the face and neck region need to establish and enforce policies on publishing clinical images. (shrink)

This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...) visa regulations. Importantly, the argument here is orthogonal to the debate as to how much and what kinds of immigration ought to be allowed. (shrink)

The recent decrease in public confidence in the measles, mumps and rubella vaccine has important implications for individuals and public health. This article presents moral arguments relating to conflicts between individual autonomy and collective responsibilities in vaccination decisions with a view to informing and advising health professionals and improving the effectiveness of education policies in avoiding resurgence of endemic measles. Lower population immunity, due to falling uptake, is hastening the need for greater public awareness of the consequences for the (...) population. Vaccination refusals go hand in hand with responsibilities owed to future generations and society in not knowingly contributing to preventable harms. Issues such as parents’ rights are considered and balanced against: collective responsibilities for public health; permissibility of ‘free-riding’; conflicting duties of health professionals; and possible enforcement of vaccination. It is suggested that the arguments may form a persuasive tool for the practice of health professionals involved in informing and supporting parents’ vaccination decisions. (shrink)

This research paper examines the foreign investment laws and procedure of Pakistan and their role in protection of foreign investment in Pakistan. These laws are untapped area of research and one cannot find any specific research tracing the legal development in this highly specialized field. So far Pakistan has 48 BITs enforced with different countries and has also signed ICSID Convention, which is promulgated locally through Arbitration Act, 2011 incorporating the Convention in the schedule to ease the difficulty of foreign (...) investors to enforce the awards rendered under auspices of ICSID in the territory of Pakistan. Under this research, an attempt has been made to study prevalent foreign investment laws and its trends in Pakistan. Though Pakistan has significantly improved its foreign investment regime by introducing new investor’s friendly laws like, Special Economic Zones Act, 2011 and Investment Policy, 2013 etc., apart from its previous legislation on the subject, yet this regime needs more improvement and updating. Extensive overview of all existing foreign investment laws were carried out in this research. Fair and Equitable Treatment, Expropriation and other factors affecting foreign investment laws are the areas, which need to be taken care of by policy maker in the existing foreign investment laws of Pakistan. With these aims, it is hoped that this research paper would be a humble contribution in the literature on the subject. (shrink)

The COVID-19 pandemic poses a major challenge to policy makers on how to encourage compliance to social distancing and personal protection rules. This paper compares the effectiveness of two policies that aim to increase the frequency of responsible health behavior using smartphone-tracking applications. The first involves enhanced alert capabilities, which remove social externalities and protect the users from others’ reckless behavior. The second adds a rule enforcement mechanism that reduces the users’ benefit from reckless behavior. Both strategies should be (...) effective if agents are expected-value maximizers, risk averse, and behave in accordance with cumulative prospect theory or in accordance with the Cognitive Hierarchy model. A multi-player trust-game experiment was designed to compare the effectiveness of the two policies. The results reveal a substantial advantage to the enforcement application, even one with occasional misses. The enhanced-alert strategy was completely ineffective. The findings align with the small samples hypothesis, suggesting that decision makers tend to select the options that lead to the best payoff in a small sample of similar past experiences. In the current context, the tendency to rely on a small sample appears to be more consequential than other deviations from rational choice. (shrink)

The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: the plurality of understandings of justice, fairness, and equality, and the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of (...) one such account on peaceable, consenting adults. This state of affairs, with regard to the weakness of human moral epistemological powers, means that the secular state fails to have the moral authority to forbid coercively the sale and purchase of organs. It further lacks the secular, moral authority to impose equal access to organ transplantations. Assertions of such authority amount to reckless claims of fairness, and for this reason, health care policy must be set within the constraints of limited, constitutional regimes. (shrink)

The social sciences playa variety of multifaceted roles in the policymaking process. So varied are these roles, indeed, that it is futile to talk in the singular about the use of social science in policymaking, as if there were one constant relationship between two fixed and stable entities. Instead, to address this issue sensibly one must talk in the plural about uses of dif ferent modes of social scientific inquiry for different kinds of policies under various circumstances. In some (...) cases, the influence of social scientific research is direct and tangible, and the connection between the find ings and the policy is easy to see. In other cases, perhaps most, its influence is indirect-one small piece in a larger mosaic of politics, bargaining, and compromise. Occasionally the findings of social scientific studies are explicitly drawn upon by policymakers in the formation, implementation, or evaluation of particular policies. More often, the categories and theoretical models of social science provide a general background orientation within which policymakers concep tualize problems and frame policy options. At times, the in fluence of social scientific work is cognitive and informational in nature; in other instances, policymakers use social science primarily for symbolic and political purposes in order to le gitimate preestablished goals and strategies. Nonetheless, amid this diversity and variety, troubling general questions persistently arise. (shrink)

Corporate social responsibility (CSR) concerns the realm of business behavior in which the firm tries to effectively manage its business and non-market environment interface. Coerced CSR refers to taking socially responsible action in response to or in anticipation of retaliation in some form (boycott, adverse publicity, introduction of regulatory laws, etc.) from interest groups who are not directly part of the market to which the firm caters. In contrast, strategic CSR or altruistic CSR refers to socially responsible activities undertaken out (...) of enlightened self-interest. The focus of this paper is to understand whether the impact of coercion is different for government-owned organizations and privately owned firms in developing countries. Activities that are in response to or in anticipationof threats by interest groups are identified and compared across publicly and privately owned firms, against the backdrop of weak enforcement of fairly stringent environmental regulation. We then generalize our observations and attempt to distinguish the intensity of pressures felt by public and privately owned firms and their speed of response. As a result of this understanding, we attempt to suggest specific policy mixes for various types of industry, depending on whether they are dominated by the public sector or private sector. (shrink)

Copyright law in recent years has undergone a process of privatization. While weakening the enforceability of conventional legislation (copyright rules), cyberspace facilitates alternative types of regulation such as contracts and technical self-help measures. Regulation by the code is significantly different from traditional types of public ordering (copyright law) and private ordering (contracts). Norms that technically regulate the use of information are not merely self-made they are also self-enforced. Furthermore, the law was recruited to uphold the superiority of such technical (...) self-help measures. The recently adopted U.S. Digital Millenium Copyright Act (DMCA) 1998 prohibits the development and use of technologies designed to circumvent copyright management systems. The underlying assumption of this legislation is that in Cyberspace, the target of regulation should become the technologies that affect users'' behavior rather than the behaviors themselves. This paper critically examines this regulatory approach and highlights its shortcomings. (shrink)

This article aims to show how the changes to NEPA by the Trump Administration are an act of environmental racism, defined as “[i]ntentional or unintentional racial discrimination in environmental policy‐making, enforcement of regulations and laws, and targeting of communities for the disposal of toxic waste and siting of polluting industries.”.

In this paper, I elaborate a Derridean deconstruction of law through the lens of Lacanian psychoanalysis. Derrida only focuses on jurisprudential law enforcement in his famous ‘Force of Law’ lecture, leaving corporeal law enforcement untouched. In turn, I explore the irresolvable conceptual tensions within corporeal law enforcement from the standpoints of (a) individuals rationalizing their obedience to law enforcement and (b) the legal system rationalizing its circumscription of acceptable law enforcement. To support my analysis, I examine landmark court cases and (...) their deleterious effects on accountability for law enforcers. In particular, I track the progression from the legal standard of ‘shock of conscience’ (i.e., established by Rochin v. California (1952)) to that of ‘objective reasonableness’ (i.e., established by Graham v. Connor (1989)), which reinforces the legal protections for and libidinal features of police brutality. In this sense, I seek to clarify the dimensions of the libidinal economy belonging to policy brutality, namely its components of sadism and superegoic enjoyment. (shrink)

The extent to which society utilises the law to enforce its moral judgments remains a dominant issue in this era of embryonic stem cell research, preimplantation genetic diagnosis, and human reproductive cloning. Balancing the potential health benefits and diverse moral values of society can be a tremendous challenge. In this context, governments often adopt legislative bans and prohibitions and rely on the inflexible and often inappropriate tool of criminal law. Legal prohibitions in the field of reproductive genetics are not likely (...) to reflect adequately the depth and diversity of competing stakeholder positions. Rather, a comprehensive and readily responsive regulatory policy is required. Such a policy must attend to the evolving scientific developments and ethical considerations. We outline a proposal for effective, responsive, and coherent oversight of new reproductive genetic technologies. (shrink)

The cultural policy of the Roman Catholic Church in Poland is incorporated into state-run cultural policies. The organs of public authority enforce the objectives of Church regardless of Church’s actual ability to influence the society. It should be pointed out that the secularization of religion in Poland is frequently misinterpreted and usually equated with its deprivatization. It is worth mentioning that Catholicism is the dominant religion of the country and the Roman Catholic Church has hold a special position in (...) Poland and play a major role in the country’s social and political life. In practice, however, Polish society appears to be religiously indifferent. This paper proves that the official, state-run cultural policy in Poland is based on favoritism of the Roman Catholic Church, regardless of Church’s actual ability to wield influence on society. Thus, there is a variety of implicit and explicit cultural policies implemented by the authorities to support Church. This work also aims at addressing the question of social attitudes to women, especially the one concerning the UN and EU law embracing women’s rights, until recently still not implemented in Poland. This paper further explores some peculiarities of this topic as an example of a specific outcome of Church cultural policy and its impact on both the past and present-day society. (shrink)

Concern for the rapidly growing scale and intensity of the human exploitation of the environment, in particular the alienation of natural ecosystems, but also resource exhaustion, pollution, and congestion, leads one to wonder about the short time. horizons allowed for in decision making. Time preference is dictated by the rate of interest, allowing in practice a horizon often not exceeding several decades. I argue that this is unsatisfactory. Some minimal social rate of discount should not be enforced. Instead, it is (...) more feasible to set absolute environmental standards, thereby introducing quantity constraints on our decision making, within which time preference can be permitted to find its own level. This acknowledges that the myopia of human vision may not be a flaw but rather a biological design which has served us weIl in evolution. It may, therefore, be better to change the rules by introducing self-imposed collective constraints than to try to change the shortsightedness of people in their day-to-day grass-roots decision making. (shrink)