Privacy is one of our most essential values, but popular understanding of it lags far behind the heat the concept generates. It's easy to understand why. The concept itself has shifted in U.S. law from autonomy, to property, to confidentiality. Further, with a host of cultural differences as to how privacy is understood globally and in different religions, and with nonstop technological advancements, its significance is continually evolving. Leslie P. and John G. Francis draw upon their extensive expertise in (...) law, philosophy, political science, regulatory policy, and bioethics to parse privacy's meaning in the modern age. This book will inform, appease, and alert readers to what is at stake when privacy is breached. (shrink)
Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...) against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. Â§ 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespreadâand devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)
Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, (...) despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease. (shrink)
Based on the exactly solvable case of a harmonic oscillator, we show that the direct correspondence between the Bohr-Sommerfeld phase of semiclassical quantum mechanics and the topological phase of Aharonov and Anandan is restricted to the case of a coherent state. For other Gaussian wave packets the geometric quantum phase strongly depends on the amount of squeezing.
(2000). Scientific utopianism in Francis bacon and H.G. wells: From Salomon's house to the open conspiracy. Critical Review of International Social and Political Philosophy: Vol. 3, The Philosophy of Utopia, pp. 172-188.
In a 1617 letter, the Bolognese artist, Ludovico Carraci described the young painter, Guercino, as a “miracle who stupefies those who see his works.”1 Interestingly then, those who view Guercino’s altarpiece “St. Francis in Ecstasy with St. Benedict,”2 will perhaps find their own stupefication to be a dynamic echo of the mystical transformation of the pictured saints themselves, an echo repeated in various tropes of transformation that engage notions of angelic presence, musical response, the lives of St. (...) class='Hi'>Francis and St. Benedict, and the actions of the altar graced by the painting itself.Guercino’s altarpiece depicts an angel violinist at the apex of a triangle with the two.. (shrink)
A few years ago I found myself at the Ogden, Utah rodeo with thirty schoolteachers from all over the world. They were participants in a Fulbright-supported American studies institute, and the trip to Utah was part of a weeklong foray into a part of America quite different from Amherst, MA, where the bulk of lectures and discussions had taken place in the previous three weeks. Our visit happened to coincide with “Armed Services Day,” and the spectacle my students encountered proved (...) even more impressive than the riding and roping they had expected. The principle feature of that spectacle had to do with the organizers’ almost total confounding of religion and patriotism. At the high point of the event, over the roar of military band music and military helicopters passing overhead, the booming voice of the announcer declared that “God's helicopters” were protecting America and the rest of the world from tyranny. The books under review here endeavor to explain the spectacle in Ogden on that summer day—along with the train of events that, over sixty years ago, launched a crusade against “godless communism” and, a few decades later, made “the Christian right” a major force in American politics. (shrink)
In Reforming Hollywood, William D. Romanowski defends mainline Protestants from the charge that they acted like bluenose censors during the movie controversies of the twentieth century. In fact, he claims, they consistently supported free expression even as they fought to make Hollywood acknowledge and give scope to moral values beyond the profit motive. Unlike these mainline Protestant “structuralists,” who sought to morally elevate the broader society, both Catholics in the earlier part of the century and evangelicals in the latter took (...) a “pietistic” approach that emphasized individual morality and sought to censor obscenity, blasphemy, and ideological unorthodoxy in film. While structuralists wanted to cooperate with Hollywood in campaigns of “movie betterment,” pietists wanted to rein in the moviemakers and cleanse the screen of “unwholesome” content. (shrink)