Human and veterinary medicine have many commonalities. The split into distinct disciplines occurred at different times in different places. In Europe, the establishment of the first veterinary universities towards the end of the 18th century was triggered by ravaging rinderpest epidemics and the increasing importance of livestock for draft, food supply, and war fare. Given this background, would it make sense to combine human, animal, traditional and modern medicine in healthcare provision, especially in less developed countries? Such a (...) “one-medicine” approach could enhance biomedical progress, improve the outreach of medical and veterinary services especially in remote areas, offer greater choices to patients, and make healthcare more culturally appropriate. On the other hand, it would require generalists rather than specialists and rare diseases may go unrecognized. The commonalities of human and veterinary medicine and the financial constraints many governments are presently facing are arguments in favor of a “one-medicine” approach, while status thinking, education systems, administrative structures, and legislations hinder its implementation. There are no instant recommendations for the application of one medicine but governments and development professionals need to generate fine-tuned, location-specific healthcare solutions. Advocacy, changes in education and training, the creation of institutional linkages, and the removal of legal barriers could help overcome obstacles. (shrink)

The Brambell Report of 1965 recommended that animals should have the freedom to stand up, lie down, turn around, groom themselves and stretch their limbs. The Farm Animal Welfare Council (FAWC) developed these into the Five Freedoms, which are a framework for the analysis of animal welfare. The Five Freedoms are well known in farming, policy making and academic circles. They form the basis of much animal welfare legislation, codes of recommendations and farm animal welfare accreditation schemes, and are the (...) foundation of the Welfare Quality® assessment scheme. The Five Freedoms are also extensively employed for the education of veterinary and animal welfare science students. Hence they have proven to be of great practical utility. In this paper, the Five Freedoms framework is examined in terms of necessary and sufficient conditions for the analysis of animal welfare. Overall, the Five Freedoms are judged to be individually necessary and jointly sufficient as a framework for the analysis of animal welfare. FAWC has recently criticized the Five Freedoms for concentrating on negative aspects of welfare. However, it is shown here how the satisfaction of the Five Freedoms should lead to good welfare, from the animal’s point of view. The Five Freedoms are formulated as ideals of animal welfare. This has significant advantages that have likely contributed to their impact. However, the ideality of the Five Freedoms means that the framework is without power to determine what a satisfactory level of animal welfare is, in an ethical sense. (shrink)

This is the Second Edition of a well-received book that reflects a fresh, integrated coverage of the concepts and scientific measurement of stress and welfare of animals including humans. This book explains the basic biological principles of coping with many forms of adversity. The major part of this work is devoted to explaining scientifically usable concepts in stress and welfare. A wide range of welfare indicators are highlighted in detail with examples being drawn from man and other species. The necessity (...) for combining information from disciplines is emphasized with a one-health, one-welfare approach. This information forms the basis for a synthesis of new ideas. Among the issues covered are: - How brain and body systems regulate using feelings, physiological responses, behaviour and responses to pathology - Limits to adaptation - Assessing positive and negative welfare during both short-term and long-term situations - Ethical problems and suggested solutions A proper assessment of animal welfare is essential to take informed decisions about what is morally acceptable in terms of practice and in the development of a more effective legislation. This work encapsulates a very wide body of literature on scientific aspects of animal welfare and will thus prove a valuable asset for animal welfare scientists, psychologists, students and teachers of all forms of biology, behaviour, medicine, veterinary medicine and animal usage. (shrink)

Abstract.Mandatory risk assessment is intended to reassure concerned citizens and introduce reason into the heated European controversies on genetically modified crops and food. The authors, examining a case of risk assessment of genetically modified oilseed rape, claim that the new European legislation on risk assessment does nothing of the sort and is not likely to present an escape from the international deadlock on the use of genetic modification in agriculture and food production. The new legislation is likely to stimulate the (...) kind of emotive reactions it was intended to prevent. In risk assessment exercises, scientific uncertainty is turned into risk, expressed in facts and figures. Paradoxically, this conveys an impression of certainty, while value-disagreement and conflicts of interest remain hidden below the surface of factuality. Public dialogue and negotiation along these lines are rendered impossible. The only option left to critics is to resort to claims of fear and to call for new risk assessments to be performed, on and on again. Science is allowing itself to be abused by accepting the burden of proof in matters more suited to reflection and negotiation. The specific challenge to science would be to take care of itself – rethinking the role and the limitations of science in a social context, and, thereby gaining the strength to fulfill this role and to enter into dialogue with the rest of society. Scientific communities appear to be obvious candidates for prompting reflection and dialogue on this issue. (shrink)

Animal welfare science has advanced greatly in the last several decades. This trend is also evident in the zoo and aquarium community, where resources are increasingly being dedicated to better understanding how captivity impacts animals and how best to assess and improve the welfare of individual animals living in the care of humans. In this book, Chapter One examines how far the zoo community has come in addressing the welfare needs of animals in varying housing conditions and highlights areas in (...) need of further attention and research. Chapter Two discusses animal welfare from the viewpoints of cruelty, conservation of wild animals and veterinary attention. Chapter Three examines the justifications for the criminalisation of bestiality and argues that bestiality should be placed within the confines of animal welfare legislation and the focus should be on the animal and respecting the animal and its need to be able to exhibit normal behaviour patterns and its need to be protected from sexual abuse. Chapter Four analyzes from a legal perspective the European Unions (EU) measures and strategies for animal welfare in its external relations and highlights the development of the concept of animal welfare in the EU and in its relationships with the rest of the world. Chapter Five studies the growing demand for healthier animal products and the improvement of animal well-being. (shrink)

Although typically invisible, neoliberal policies and ideologies are often at the root of why farmers markets struggle to offer affordable prices for consumers, sufficient income for farmers, and expand socially and environmentally sustainable food systems. Argentinian ferias francas, a variation on farmers markets, offer a unique case to examine how they may be designed to alleviate these issues by challenging neoliberalism through legislative mechanisms. Ferias francas emerged as an explicitly anti-neoliberal, grassroots response to Argentina’s expansion of neoliberal agricultural policies that (...) stimulated global agribusiness and displaced small-scale farmers. Organizers partnered with municipal, provincial, and national governments to develop legislation to support small-scale farmers and to make the network of ferias competitive with global agribusiness. I ask, how can organizers expand farmers markets’ potential to fulfill the social and environmental goals of agri-food movements, given neoliberal capitalism’s constraints and contradictions? I analyze feria legislation by situating it in its social and historical context, and comparing legislative mechanisms to core elements of neoliberalism in the economy and in the everyday mentalities of agri-food activists. I find that mechanisms such as setting prices lower than neighboring supermarkets and establishing uniform prices for feria goods contest some aspects of neoliberalism. However, the ferias also reproduce neoliberalism, and are still subject to the price standards set under the global neoliberal agroeconomy, raising questions about their prospects for sustainability under neoliberal capitalism. This analysis of feria legislation makes neoliberalism’s influence on farmers markets visible and highlights legislative mechanisms that address some of its harmful effects. (shrink)

The deteriorating living and working conditions suffered by California's farm workers and their families is associated with the escalating proportion of the agricultural labor market (ALM) provisioned by the state's farm labor contractors (FLCs). The increasing use of FLCs is the result of a restructuring strategy undertaken by Californian agribusiness to reduce the cost of labor, as well as responsibility for work place, labor, and immigration laws. The FLCs' rise to prominence as the bulwark between growers and workers within the (...) state's ALM has been ensured by the internal dynamics of contractor firms. During almost three years of binational fieldwork in both California's San Joaquin Valley and rural Mexico I found that FLC management agents cultivate sociocultural practices and provide socioeconomic services that diffuse management-labor conflict within the agricultural sector. However, the existing literature concerning the FLCs focuses upon the firm, not its labor agents; therefore, FLC heterogeneity is emphasized, while ubiquitous management characteristics and practices are overlooked. As a result, recent legislation has had the unintended effect of augmenting the role played by management agents in “processing” an unending flow of new immigrant workers through the “revolving door” ALM, leading to the deterioration of conditions in rural California. (shrink)

(1E 1989) Veterinary ethics & religion/the law/moral theory/ animal rights/farm food & performance animal practice/etc.

This paper explores the phenomenon of moral distress in veterinary practice, particularly in environments like animal husbandry, where real-life barriers are in conflict with veterinarians’ moral beliefs. This paper draws controversial parallels, at least on first sight, with Just War Theory, which is understood as a non-ideal theory in response to morally non-ideal circumstances. The paper examines how veterinarians, corresponding to combatants, can navigate moral conundrums within their profession. It discusses the limitations of general ethics in guiding professionals like (...) veterinarians who operate, just like soldiers, in morally non-ideal circumstances. It argues that while general ethics offers universal claims, it fails to address the complexities of real-world barriers faced by veterinarians, such as conflicting interests, economic pressures, and legal regulations. Using Just War Theory as a framework, the paper distinguishes between systemic factors and individual conduct in understanding moral distress. It suggests that veterinarians are not responsible for changing the system but are best advised to ensure ethical conduct within their profession. This perspective acknowledges the tension between moral beliefs and professional demands, highlighting the importance of maintaining agential integrity while recognizing the limitations in effecting systemic change. Ultimately, the paper concludes that veterinarians are permitted to focus on fulfilling their professional duties while remaining cognizant of their moral beliefs. (shrink)

The field of veterinary ethics deals with the moral responsibilities and ideals of veterinarians in their capacity of providers of medical care for animals and as members of the veterinary profession when the profession speaks on issues relating to the use, treatment, and medical care of animals. For veterinarians, the professional role characteristically involves serving – at the same time – two parties or stakeholders with potentially conflicting interests: an animal that receives veterinary care and a human (...) who owns the animal and pays for this care. Because it can be difficult, and is sometimes impossible, for veterinarians to serve the interests of both their animal and human masters, hard ethical choices must be made. These choices can be complicated by the fact that there are disagreements about the value and importance of animals, and thus about how much the interests of veterinary patients should count in the first place. Veterinary ethics faces issues of great variety, in part because there are different kinds of veterinary practice, which raise different ethical questions. (shrink)

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Patients -- Clients -- Welfare assessment -- Clinical choices -- Achieving animal welfare goals -- Beyond the clinic.

Educational Legislation and Administration of the Colonial Governments is an unchanged, high-quality reprint of the original edition of 1899. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of literature which (...) has become rare and historical knowledge for the future. (shrink)

Veterinarians play an essential role in the animal-based food chain. They are professionally responsible for the health of farm animals to secure food safety and public health. In the last decades, food scandals and zoonotic disease outbreaks have shown how much animal and human health are entangled. Therefore, the concept of One Health is broadly promoted within veterinary medicine. The profession embraces this idea that the health of humans, animals and the environment is inextricably linked and supports the related (...) call for transdisciplinary collaboration. Especially in zoonotic disease control, the benefits of the cooperation between veterinarians and human doctors seem evident. However, applying a One Health approach also makes moral problems explicit. For instance, how should veterinarians deal with situations in which measures to protect public health negatively affect animal health? This creates a conflict of professional responsibilities. To deal with such moral problems and to strengthen the veterinarian’s position, the starting point is a holistic perspective on One Health. We will argue for an ‘encapsulated health’ argument: the best way to safeguard human health is to promote the health of animals and the environment. This also holds for the responsibility of the veterinary profession: to serve public health, the central responsibility of veterinarians should be to be experts in animal health and welfare. We elaborate this point by using a case study on the role of the veterinary profession in antimicrobial resistance policies in the Netherlands. (shrink)

Aim To examine the hypothesis that knowledge about physician-assisted suicide (PAS) and euthanasia is associated with a more restrictive attitude towards PAS. Design A questionnaire about attitudes towards PAS, including prioritisation of arguments pro and contra, was sent to Swedish veterinary surgeons. The results were compared with those from similar surveys of attitudes among the general public and physicians. Participants All veterinary surgeons who were members of the Swedish Veterinary Association and had provided an email address (n=2421). (...) Main outcome measures Similarities or differences in response pattern between veterinary surgeons, physicians and the general public. Results The response pattern among veterinary surgeons and the general public was almost similar in all relevant aspects. Of the veterinarians 75% (95% CI 72% to 78%) were in favour of PAS, compared with 73% (95% CI 69% to 77%) among the general public. Only 10% (95% CI 5% to 15%) of the veterinary surgeons were against PAS, compared with 12% (95% CI 5% to 19%) among the general public. Finally, 15% (95% CI 10% to 21%) of veterinarians were undecided, compared with 15% (95% CI 8% to 22%) among the general public. Physicians had a more restrictive attitude to PAS than the general public. Conclusions Since veterinary surgeons have frequent practical experience of euthanasia in animals, they do have knowledge about what euthanasia really is. Veterinary surgeons and the general public had an almost similar response pattern. Accordingly it seems difficult to maintain that knowledge about euthanasia is unambiguously associated with a restrictive attitude towards PAS. (shrink)

Andrew and Clair Linzey’s Animal Ethics for Veterinarians collects numerous recent articles in the Journal of Animal Ethics. It offers readers a diverse set of chapters covering key issues relating to veterinary ethics: animal agriculture, animal research, veterinary oaths, complementary and alternative medicine, animal cruelty, and more. This review article discusses the book’s themes within the larger context of veterinary medicine and veterinary ethics. Compared to existing works in veterinary ethics, the book is less focused (...) on clinical and professional issues and more focused on the ways in which veterinary medicine intersects with fundamental topics in animal ethics. Its contributors challenge veterinarians to rethink traditional stances on the moral status of nonhuman animals and the ethical defensibility of numerous practices with which veterinarians are commonly involved. As the profession has historically been conservative on animal welfare issues, the book is a welcome addition to the literature. (shrink)

The tension between external forces for better ethics in organizations, represented by legislation such as the Sarbanes–Oxley Act (SOX), and the call for internal forces represented by increased educational coverage, has never been as apparent. This study examines business school faculty attitudes about recent corporate ethics lapses, including opinions about root causes, potential solutions, and ethics coverage in their courses. In assessing root causes, faculty point to a failure of systems such as legal/professional and management (external) and declining personal values (...) (internal). We also found that faculty recommend external forces as a remedy more often than increased ethics educational coverage; we contextualize this finding with recent ethics education literature. We conclude by proposing that neither legislation nor ethics education alone are complete when addressing widespread unethical corporate acts and offer a multi-faceted approach to ethics educational opportunities. (shrink)

This review essay examines the contribution of Legislated Rights (Webber et al, Cambridge 2018) to a central issue in constitutional theory: namely, how the institutional division of labour between the legislature and the judiciary with respect to the task of giving effect to constitutional rights is best understood and conceived. In doing so, the essay situates the work within contemporary scholarship and adopts a broadly comparative lens — a perspective that is mindful of key developments in constitutional law and theory (...) over the past several decades. Ultimately, it is suggested that a critical weakness of the capacity of Legislated Rights to contribute to contemporary debates about judicial review is its lack of engagement with these developments. As a result, the work’s intervention largely misses its mark. It speaks to an outdated view that does not reflect contemporary constitutional practice or scholarship. (shrink)

Veterinary oaths are public declarations sworn by veterinarians, usually when they enter the profession. As such, they may reflect professional and social concerns. Analysis of contemporary veterinary oaths may therefore reveal their ethical foundations. The objective of this article is to contextualize the ethical content of contemporary oaths, in terms of the origin and development of veterinary medicine and wider societal changes such as the intensification of farming and the rise of animal welfare. This informs a comparison (...) of oaths from the United States, Canada, the United Kingdom, and Brazil. This analysis suggests some ways in which the oaths might be developed to better reflect contemporary societal values. (shrink)

Value claims about ecological entities, their functionality, and properties take center stage in so-called “ecological” ethical and aesthetic theories. For example, the claim that the biodiversity in an old-growth forest imbues it with “value in and for itself” is an explicit value claim about an ecological property. And the claim that one can study “the aesthetics of nature, including natural objects...such as ecosystems” presupposes that natural instances of a type of ecological entity exist and can be regarded as more or (...) less aesthetically valuable. My discussion below will bear wide implications for how claims like... (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards of directors (...) and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy (...) and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

Technological advances in veterinary medicine have produced considerable progress in the diagnosis and treatment of numerous diseases in animals. At the same time, veterinarians, veterinary technicians, and owners of animals face increasingly complex situations that raise questions about goals of care and correct or reasonable courses of action. These dilemmas are frequently controversial and can generate conflicts between clients and health care providers. In many ways they resemble the ethical challenges confronted by human medicine and that spawned the (...) creation of clinical ethics committees as a mechanism to analyze, discuss, and resolve disagreements. The staff of the North Carolina State University Veterinary Hospital, a specialty academic teaching institution, wanted to investigate whether similar success could be achieved in the tertiary care veterinary setting. We discuss the background and rationale for this method, as well as the approach that was taken to create a clinical ethics committee. (shrink)

This paper explores legislative provision and pre-school education policy in England over the course of the twentieth century. The paper argues that there has been a significant ideational shift over this period, from a policy focus on nursery education for poor children to universal early childhood education. Not only have ideas changed but provision and funding have changed. Although there have been major revisions to legislative provision, there are elements of continuity as regards the institutions delivering early childhood education, particularly (...) maintained nursery schools and nursery classes, but with layering of private-for-profit and not-for-profit institutions to ‘fill the gap’ in provision. At the same time, the central state has taken increasing control of publicly funded early childhood education through legislative provision. (shrink)

A familiar jurisprudential view is that statutes have the content the legislature intended. Scott Soames has challenged this view in one form while giving credence to it in another. The burden of his recent publications on the subject is that while legislative intent in the form of legislative purpose does not determine statutory content, some legislative intentions do. I maintain that Soames inflates the role of legislative intentions and ignores a source of pragmatic information that does the bulk of the (...) work of determining the linguistic content of statutes. (shrink)

This paper explores the financial reporting scandals of the past decade and the resulting U.S. legislative attempts to impose ethical behavior and control the incidence of new reporting problems via the Sarbanes-Oxley legislation. We begin with a brief historical perspective followed by assertions of ethical consequences of legislation with discussions of key recent corporate scandals, the motives for the frauds, and the consequences. Ethics related provisions of the Sarbanes-Oxley Act are discussed with the potential impact of the legislation on the (...) likelihood of similar future frauds and accompanying prognosis for future corporate ethical behavior. (shrink)

Foot-and-mouth disease was the event which led to the increased and improved training of veterinarians able to produce through their research new veterinary knowledge for practical application.It led to the transformation of the Mexican veterinary profession. It changed the kind of knowledge veterinarians received at university, and it also changed the work they did as professionals. Veterinarians gradually began to perform a much wider range of tasks: they did research, taught, worked as civil servants, or assumed positions as (...) academic administrators and as high governmental officials with a large amount of influence on governmental agricultural activities. They also engaged directly in animal husbandry and in food production.In parallel with these changes, the National University, and within it the Faculty of Veterinary Medicine and Animal Husbandry, underwent a concomitant series of changes which ran hand-in-hand with the growth of the Mexican state. The university provided training for specialised research workers by offering scholarships and programmes of graduate study. This consolidated the activities of an academic community working on applied veterinary medicine. The beneficiaries of these efforts take part in and influence, to varying degrees, the planning and programming of agricultural policies in a way that would not formerly have been possible. (shrink)

Legislated Rights: Securing Human Rights through Legislation aims to correct certain imbalances in constitutional thought and scholarship that burden the legislature and rights with misconceptions...

Defenders of legislative supremacy against judicial review have primarily invoked various virtues of legislative process – in particular, its deliberative qualities, the diverse perspectives and inputs it allows, and especially, its connection to a principle of democratic equality. However, I argue that such virtues have been overemphasised as justifications for legislative supremacy. Instead, I argue that insufficient attention has been paid to the form of legislation as a justification for giving legislatures the ‘final say’ on issues of fundamental rights. Firstly, (...) I argue that legal philosophy has underemphasised the extent to which legislative form, rather than legislative process, can mediate ‘majoritarian’ rule, and how this undermines the most commonplace arguments for rights-based judicial review of parliamentary legislation. Secondly, I suggest that the same formal attributes give legislation a virtue of political transparency which can be contrasted with the esotericism of constitutional jurisprudence, itself considered as a distinctive species of political domination. (shrink)

An empirical exploration of the effects on legislative structure, distribution of influence, power, and decision outcomes, of recent changes in the Congress and state legislatures. The book focuses on changes in rules, parties, and committees and the impact or lack of impact of these changes on subsequent activity. Originally published in 1978 by D.C. Heath and Company. Co-published with the Policy Studies Organization.

This book is an essential guide for veterinarians, veterinary faculty and policymakers for understanding the core competencies of a fresh veterinarian. The book briefly covers competencies in preclinical, paraclinical, and clinical subjects including anatomy, physiology, biochemistry, veterinary jurisprudence, animal management & welfare including nutrition and breeding, infectious and non-infectious diseases, disease epidemiology, diagnosis, and treatment, prevention, control and zoonoses, surgical and other clinical interventions. The book further includes other competencies, including biologicals, anti-mortem, and post-mortem inspection, certifications, applied one (...) health aspects, review and analysis of scientific evidence, international trade and regulations, and organization of veterinary services. It also highlights the importance of effective communication, interpersonal skills, record keeping and management of a small veterinary hospital, health informatics, etc. The book breakdowns the must-have competencies of a global veterinarian into different topics and subtopics for easy comprehension and further learning. It enables the professional standard-setting & regulatory bodies and academicians in improved curricula designing and implementation and more importantly tries to bring uniformity in day one veterinary graduates’ competencies globally, enhancing the movement and employability of veterinarians across the world. (shrink)

Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but also to some other medical decisions concerning the end of life. The author concludes that, for several reasons, it is unsatisfactory.

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

In the last years of his life, Gerald C. MacCallum, Jr., defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum’s effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: “Legislative Intent,” certainly one of the best papers ever published on its topic, and “Negative and Positive Freedom,” which offered a new way of looking at a (...) distinction that had been canonical for the last two centuries. To complete MacCallum’s unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum’s notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He wished to relate competition to morality and justice to adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding, and in his life and work lived up to Emerson’s vision of the “American Scholar” as a “human being thinking.” These essays are informed by the author’s deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured. (shrink)

Veterinary medicine has undergone dramatic, rapid feminization while in many ways remaining gendered masculine. With women constituting approximately half of its practitioners and nearly 80 percent of students, veterinary medicine is the most feminized of the comparable health professions. Nevertheless, the culture of veterinary medicine glorifies stereotypically masculine actions and attitudes. This article examines how women veterinarians understand the gender dynamics within the profession. Our analysis reveals that the discursive strategies available to women sustain and justify the (...) status quo, and thus preserve hegemonic masculinity. Women use strategies previously used toward female tokens in nontraditional jobs, such as role encapsulation, and strategies previously used by male tokens in traditionally female jobs, such as distancing from the feminine. Through this discursive “gender work,” women help to maintain the institutionalized inequality and the masculine ethic of the profession. Veterinary medicine illustrates the importance of considering organizational context in studies of feminization. (shrink)

Excerpt from Traites de Legislation Civile Et PenaleMais ce n'est pas un panegyrique que je fais. Il faut bien avouer que le soin d'arranger et de polir a peu d' attraits pour le genie de l'auteur. Tant qu'il est pousse par une force creatrice, il ne sent que le plaisir de la composition. S'agit-il de donner des formes, de rediger, de finir, il n'en sent plus que la fatigue. Que l'ouvrage soit interrompu, le mal est irreparable: le charme disparait, le (...) degout succede, et la passion eteinte ne se rallume que pour un objet nouveau.La meme disposition l'a eloigne de contribuer a la redaction que je donne au public; je n'ai pu Obtenir que rarement les eclaircissements et les secours dont j'avais besoin il lui en coutait tr0p de suspendre le cours actuel de ses idees pour revenir sur d'anciennes traces.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Objective To obtain information about the similarities and differences in regulating different types of medical research in the European Union .Methods Web searches were performed from September 2009 to January 2011. Notes on pre-determined topics were systematically taken down from the web pages. The analysis relied only on documents and reports available on the web, reflecting the situation at the end of 2010.Results In several countries, regulatory legislation applied only to clinical trials on drugs and medical devices, in other states (...) various types of research were also regulated but by laws different from those concerning trials, and in many countries, some research areas were not controlled by legislation at all. In very few countries was all medical research handled similarly from a legal point of view. The number of research ethics committees in a single country varied from one to 264. Their areas of responsibility, working principles and length of time to grant research permission varied as well as the rules for obtaining informed consent from vulnerable groups. In 10 EU countries, there was no appeal mechanism after a negative decision by an REC. The RECs were not accountable to any organisation in five EU countries.Conclusions There is a need for a fundamental debate regarding whether and which kinds of changes are needed for the further harmonisation of medical research governance in the EU and how cross-country medical research could be facilitated in the future. (shrink)

It is a widely supported claim that liberal democratic institutions should treat citizens with equal respect. I neither dispute nor champion this claim, but investigate how it could be fulfilled. I do this by asking, as a sort of litmus test, how liberal democratic institutions should treat with respect citizens holding minority convictions, and thereby dissenting from a deliberative output. The first step of my argument consists in clarifying the sense in which liberal democracies have a primary concern for the (...) respectful treatment of citizens qua self-legislating persons. Taking the second step, I address critically the common tendency in the literature to concentrate on what I have termed the ex ante legem phase, focusing solely on the structure of institutionalized decision-making processes. I submit, rather, that the principle of equal respect for persons demands more of liberal democratic institutions to enhance citizens' chances to give voice to their consciences and influence, on that ground, the formulation of the rules to which they should conform. Fulfilling this commitment requires democratic theorizing to go beyond the ex ante legem phase and regard forms of ex post legem contestation as an extension of citizens' right to political participation. Against this backdrop, I take the third and last step and argue that a promising way forward consists in the adoption of an ex post legem version of conscientious exemptionism, granting citizens a conditional moral right to request exemptions on the grounds of conscience from certain controversial legal and political provisions. (shrink)

The book discusses the role of intellectuals in the modern world. Bauman connects this with current analyses of modernity and post-modernity. The theme of the book is that the tasks of intellectuals change from being 'legislators' to 'interpreters' with the transition from modernity to post-modernity. The book discusses the role of intellectuals in the modern world. Bauman connects this with current analyses of modernity and post-modernity. The theme of the book is that the tasks of intellectuals change from being 'legislators' (...) to 'interpreters' with the transition from modernity to post-modernity. (shrink)