The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human (...) class='Hi'>rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

In the TTP Spinoza addresses in its full complexity the question of whether a republican theorist, committed to the view that the primary goal of political life is freedom conceived as the absence of slavery or dependence on arbitrary will, has any need for the notion of a right. His answer is designed to draw us away from many of the assumptions that run through the natural law tradition. Rather than accepting that our rights are stable, located in individuals, (...) and absolute, we should be prepared to accept that the only natural right we possess, our power to do what we can to maintain ourselves, is manifested in claims that are fluctuating, collective and come in degrees. The overriding advantage of this outlook is that it directs our attention to the practical business of politics – to the project of creating rights that will secure our freedom. (shrink)

A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional pressures as (...) the result of a desire to join a regional organization; when the state is facing regional pressures not to run afoul of a court within a regional organization; or when a state seeks foreign assistance from an entity with human rights requirements for the receipt of such assistance. We examine our theory by analyzing human rights reports regarding state compliance with specific treaty obligations outlined in the Convention Against Torture (CAT). While the evidence for our hypotheses is mixed, we do find some support for our assertion that state compliance is linked to reputational concerns. In particular, states comply with the CAT when they are part of a regional organization that has a human rights court, and when they are receiving conditional aid from the European Union. (shrink)

Food security, health, decent livelihoods, gender equity, safe working conditions, cultural identity and participation in cultural life are basic human rights that can be achieved at least in part through the food system. But current trends in the US prevent full realization of these economic, social, and cultural rights (ESCR) for residents, farmers, and wageworkers in the food system. Supply chains that strive to meet the goals of social justice, economic equity, and environmental quality better than the (...) dominant globalized food value networks are gaining popularity in the US. However, achieving important human rights has become conflated with other goals of food system reform over the past decade, such as being “community-based,” local, and sustainable. This conflation confuses means, ends, and complementary goals; and it may lead activists trying to help communities to regain control of their food system choices into less productive strategies. This paper introduces a new concept, rights-based food systems (RBFS), and explores its connection with localization and sustainability. The core criteria of RBFS are democratic participation in food system choices affecting more than one sector; fair, transparent access by producers to all necessary resources for food production and marketing; multiple independent buyers; absence of human exploitation; absence of resource exploitation; and no impingement on the ability of people in other locales to meet this set of criteria. Localization and a community base can help achieve RBFS by facilitating food democracy and reducing environmental exploitation, primarily by lowering environmental costs due to long-distance transportation. Sustainability per se is an empty goal for food system reform, unless what will be sustained and for whom are specified. The RBFS concept helps to clarify what is worth sustaining and who is most susceptible to neglect in attempts to reform food systems. Localization can be a means toward sustainability if local food systems are also RBFS. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they (...) are mere negative liberties, something that capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy considerations. (...) If we view rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion. (shrink)

Among the various experiments in ‘new governance’, the model of Responsible Research and Innovation is emerging in the European landscape as quite promising. Up to now, there have been two versions of RRI: a socio-empirical version which tends to underline the role of democratic processes aimed at identifying values on which governance needs to be anchored and a normative version which stresses the role of EU goals as ‘normative anchor points’ of both governance strategies and policy making. Both versions (...) are unsatisfactory. The first since it suggests movable anchorage which could clash with prefixed values, such as individual rights. The second since it does not safeguard fundamental rights in the process of balancing ‘anchor points’. This result is counterintuitive because it exposes governance to the risk of facing adverse court decisions in the defense of individual rights, thus losing its anticipative attitude. In order to avoid this outcome, the paper argues that it is only through better integration between the system of human rights and that of EU fundamental rights that the anticipative feature of RRI can be preserved. (shrink)

Public protest continued to represent a prominent form of social activism in democratic societies during the COVID-19 pandemic. In Australia, a lack of specific legislation articulating protest rights has meant that, in the context of pandemic restrictions, such events have been treated as illegal mass gatherings. Numerous large protests in major cities have, indeed, stirred significant public debate regarding rights of assembly during COVID-19 outbreaks. The ethics of infringing on protest rights continues to be controversial, with opinion (...) divided as to whether public health goals or human rights should take precedence. This paper applies public health ethical theory to an in-depth analysis of arguments on both sides of the debate. Using the Nuffield Council on Bioethics framework as a backdrop, proportionality and necessity of restrictions are understood as key concepts that are common to both public health and human rights perspectives. The analysis presented here finds a middle-ground between the prevailing arguments on opposing sides and is further able to rationalize the use of protest itself as an important element of a mature public health ethics response to restrictive policy. Thus, this paper aims to influence public health policy and legislation regarding protest rights during public health emergencies. (shrink)

1. ReorientationAt the end of Book III’s first, introductory chapter, Aquinas divides his projected investigation of divine providence into three big topics, the first of which he characterizes as having to do with “God himself in so far as he is the end of all things,” God’s omega-aspect (1.1867b).197 Since III.64 is unmistakably the beginning of Aquinas’s investigation of the second big topic, God’s universal governance, it looks offhand as if he intends to devote chapters 2–63 to his treatment of (...) God as the universal goal.198 In the first two of those chapters Aquinas does carry out a general investigation of the nature of agents, actions, and ends that makes an altogether appropriate preamble to a consideration of his thesis that God is (somehow) the unique, universal, ultimate goal of the actions of created agents.199 However, as we’ve just seen, Aquinas’s chapters 4 through 15 constitute a treatise on badness. God is mentioned only briefly in the twelve chapters that make up the treatise, and it’s unclear how, if at all, Aquinas intends his analysis of badness to contribute to his consideration of God as goal.200 So, setting aside the uncertainly relevant treatise on badness, it seems right to say that Aquinas’s investigation of God’s omega-aspect occupies not III.2–63 but just III.2–3 and 16–63.201 Within that latter series of chapters, he devotes III.16–24 to God as the goal of created things generally, the topic of this chapter, and III.25–63 to God as the ultimate goal of human beings specifically. (shrink)

Aristotle repeatedly claims that character-virtue “makes the goal right“, while Phronesis is responsible for working out how to achieve the goal. Many argue that these claims are misleading: it must be intellect that tells us what ends to pursue. I argue that Aristotle means just what he seems to say: despite putative textual evidence to the contrary, virtue is (a) a wholly non-intellectual state, and (b) responsible for literally supplying the contents of our goals. Furthermore, there are no good (...) textual or philosophical reasons to reject this straightforward interpretation. Contrary to widespread opinion, Aristotle does not characterize Phronesis as supplying ends. Instead, its ethical import lies wholly in its ability to “determine the mean“. Moreover, because character involves non-rational cognition of the end as good, Aristotle can restrict practical intellect to deliberation without abandoning his anti-Humean view that we desire our ends because we find them good. (shrink)

1. ReorientationAt the end of Book III’s first, introductory chapter, Aquinas divides his projected investigation of divine providence into three big topics, the first of which he characterizes as having to do with “God himself in so far as he is the end of all things,” God’s omega-aspect (1.1867b).197 Since III.64 is unmistakably the beginning of Aquinas’s investigation of the second big topic, God’s universal governance, it looks offhand as if he intends to devote chapters 2–63 to his treatment of (...) God as the universal goal.198 In the first two of those chapters Aquinas does carry out a general investigation of the nature of agents, actions, and ends that makes an altogether appropriate preamble to a consideration of his thesis that God is (somehow) the unique, universal, ultimate goal of the actions of created agents.199 However, as we’ve just seen, Aquinas’s chapters 4 through 15 constitute a treatise on badness. God is mentioned only briefly in the twelve chapters that make up the treatise, and it’s unclear how, if at all, Aquinas intends his analysis of badness to contribute to his consideration of God as goal.200 So, setting aside the uncertainly relevant treatise on badness, it seems right to say that Aquinas’s investigation of God’s omega-aspect occupies not III.2–63 but just III.2–3 and 16–63.201 Within that latter series of chapters, he devotes III.16–24 to God as the goal of created things generally, the topic of this chapter, and III.25–63 to God as the ultimate goal of human beings specifically. (shrink)

In the first part of the paper, the author discusses the origin and obligation of the medical profession and argues that the duty of fidelity in the context of a patient–professional relationship (PPR) is the central obligation of medical professionals. The duty of fidelity entails seeking the patient’s best interests even at the expense of the professional’s own, and refusing to treat a risk-patient infected by SARS is a breach of fidelity because the medical professional is involved in a situation (...) of conflict of interests and places his/her own health interests ahead of the patient. The author attributes the failure to the fact that professional ethical codes are not legally enforceable, and this failure at the microethical level damages the integrity of the profession at the macroethical level. The author argues that professional autonomy must be subordinated to professional fidelity for the medical profession to survive as a social institution. In the second part of the paper, the author shows that the PPR has most of the important attributes of a fiduciary relationship, and analyzes several important court cases in some common law jurisdictions to illustrate the increasing importance of fiduciary law in adjudicating disputes between patients and medical professionals, and appeals to law courts and legislatures to apply more stringent fiduciary principles on the medical profession to ensure that the professional duty of fidelity is enforced and the goal of medicine fulfilled for the interests of members of the community who has established the medical profession in the first place. (shrink)

To commemorate the 75 th anniversary of Henri Bergson’s death I present what I believe is his most vital and lasting contribution to political philosophy: his conception of human rights. This article has two goals. The first is to present Bergson’s writings on human rights as clearly and simply as possible, so as to reach the wide audience it deserves. The second is to demonstrate his relevance for contemporary human rights scholarship. To do so, I connect (...) him to recent debates in the history and historiography of human rights. I also highlight his distinctive approach to human rights as furnishing a tool for individuals to work upon and improve themselves. For Bergson, the great promise of human rights is that they simultaneously open new possibilities to care for others and also to care for oneself. (shrink)

Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on (...) the conduct of government and the freedom of a political majority to enforce its wishes through law. I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin's sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right. (shrink)

"Is higher education a right, or a privilege? This author argues that all citizens in a free and open society should have an unconditional right to higher education. Such an education should be costless for the individual and open to everyone regardless of talent. A readiness and willingness to learn should be the only qualification. It should offer opportunities that benefit citizens with different interests and goals in life. And it should aim, as its foundational moral purpose, to help (...) citizens from all walks of life live better, freer lives. Using concepts and ideas from liberal political philosophy the author argues that access to educational goods and services is something to which all citizens have a right over a full life. Such goods, it is argued, play a key role in helping citizens realize self-determined goals. Higher education should therefore be understood a basic social institution responsible for ensuring that all citizens can access such 'autonomy-supporting' goods. The book examines the implication of this justification of the right to higher education for questions of educational justice, political authority, distributive justice, civic education, and personal autonomy"--. (shrink)

A theory of basic moral rights ought to aim at telling us who the beings are that have rights and of what those rights consist. It may, however, seek to achieve that goal via an indirect route. In this paper I shall attempt a strategy of indirection. The first stage of the argument is a consideration of why moral theory can allow any place at all to rights. Acknowledging rights can be inconvenient. An otherwise desirable (...) outcome is blocked if the only ways in which it can be attained involve the violation of rights. Why not jettison rights and thereby render these outcomes achievable? The answer that will be suggested trades on it being a deep fact about human beings that they can and do order their lives by reference to long-term commitments and aspirations. In my terminology, they are project pursuers. If people were rational animals all of whose interests were flickering and evanescent, an ethic entirely resting on maximization of impersonal value would be appropriate. But because projects entail commitments to values not subject to trade-offs, the introduction of rights is plausible. That is the first major stage of the argument. The second builds on it and tries to show that the recognition of rights or their equivalent is morally required, that only an ethic in which basic rights are acknowledged can be properly responsive to persons' status as project pursuers. More particularly, is suggested that rights take the form of constraints imposing minimal forbearance on others such that one has reasonable expectations of being able to pursue one's projects amidst a world of other project pursuers. (shrink)

Humans are unconditionally confronted with social expectations and norms, up to a degree that they, or some of them, have a hard time recognizing what they actually want. This renders them susceptible for introjection, that is, to unwittingly or “unconsciously” mistake social expectations for self-chosen goals. Such introjections compromise an individual’s autonomy and mental health and have been shown to be more prevalent in individuals with rumination tendencies and low emotional self-awareness. In this brain imaging study, we draw on (...) a source memory task and found that introjections, as indicated by imposed tasks that are falsely recognized as self-chosen, involved the bilateral medial prefrontal cortex and the dorsal anterior cingulate cortex. Notably, reduced right MPFC activation within this condition correlated with trait scores of ruminations and reduced emotional self-awareness, but also introversion. Moreover, correct recognition of tasks as self-chosen involved the right MPFC. Accordingly, the right MPFC may play a role in supporting the maintenance of psychological autonomy and counteract introjection, which individuals with certain personality traits seem to be prone to. This research has significant implications for the study of mechanisms underlying autonomous motivation, goal and norm internalization, decision-making, persuasion, education, and clinical conditions such as depression and burnout. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, (...) can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

The identification of human rights issues has become more prominent in statements from national and international nursing organisations such as the American Nurses Association and the United Kingdom’s Royal College of Nursing with the International Council of Nursing asserting that human rights are fundamental to and inherent in nursing and that nurses have an obligation to promote people’s health rights at all times in all places. However, concern has been expressed about this development. Human rights may (...) be seen as the imposition of legal considerations for nurses and other healthcare workers to bear in mind, as yet more responsibilities with the consequent fear of litigation. Although a more hopeful scenario is that consideration of human rights is something that is supportive of good practice. If this more hopeful scenario is to be realised, the role of education will be crucial. As with human rights generally, human rights education is a global phenomenon, a practice-orientated expression of the Universal Declaration of Human Rights, and the goal of human rights education is to build a culture of respect and action for human rights for all. However, the nature of human rights has long been contested. A ‘mapping exercise’ of the academic literature on human rights identified ‘four schools’ or ‘ideal types’ that have shaped thinking about human rights. This sets out the conceptual context in which human rights problems are defined and solutions are proposed, which is particularly important for human rights education. However, it also complicates the picture. The different approaches taken by the four ‘types’ would likely lead to different outcomes in terms of human rights education. It is timely to discuss the nature of human rights education and examine its potential for impact on patient care. This will involve identifying the challenges and potential benefits of this approach and analysing the implications for professional practice. (shrink)

AI companies are racing to create artificial general intelligence, or “AGI.” If they succeed, the result will be human-level AI systems that can independently pursue high-level goals by formulating and executing long-term plans in the real world. Leading AI researchers agree that some of these systems will likely be “misaligned”–pursuing goals that humans do not desire. This goal mismatch will put misaligned AIs and humans into strategic competition with one another. As with present-day strategic competition between nations with (...) incompatible goals, the result could be violent and catastrophic conflict. Existing legal institutions are unprepared for the AGI world. New foundations for AGI governance are needed, and the time to begin laying them is now, before the critical moment arrives. -/- This Article begins to lay those new legal foundations. It is the first to think systematically about the dynamics of strategic competition between humans and misaligned AGI. The Article begins by showing, using formal game-theoretic models, that, by default, humans and AIs will be trapped in a prisoner’s dilemma. Both parties’ dominant strategy will be to permanently disempower or destroy the other, even though the costs of such conflict would be high. -/- The Article then argues that a surprising legal intervention could transform the game theoretic equilibrium and avoid conflict: AI rights. Not just any AI rights would promote human safety. Granting AIs the right not to be needlessly harmed–as humans have granted to certain non-human animals–would, for example, have little effect. Instead, to promote human safety, AIs should be given those basic private law rights–to make contracts, hold property, and bring tort claims–that law already extends to non-human corporations. Granting AIs these economic rights would enable long-run, small-scale, mutually-beneficial transactions between humans and AIs. This would, we show, facilitate a peaceful strategic equilibrium between humans and AIs for the same reasons economic interdependence tends to promote peace in international relations. Namely, the gains from trade far exceed those from war. Throughout, we argue that human safety, rather than AI welfare, provides the right framework for developing AI rights. This Article explores both the promise and the limits of AI rights as a legal tool for promoting human safety in an AGI world. (shrink)

As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay looks at the UN's human rights efforts through the lens of the ethics of survival, normative ethics, the ethics of protection, institutional ethics, and the ethics of the human predicament in the face of the Sustainable Development Goals. The essay finds that while the consecration of the right to life has made a contribution to the ethics of human survival, (...) the overall impact of the human rights program has been marginal. Normative ethics shows the UN performing magisterially in drafting and adopting a body of international norms for the universal protection of human rights. However, when it comes to the ethics of protection, the UN performs poorly because of the numerous oppressive governments that control the world body. On the ethics of the human predicament, this essay finds that SDG 16, which is devoted to development, peace, justice, and strong institutions, has so far had little practical impact. Gross violations of human rights continue to take place in numerous parts of the world. (shrink)

I defend the claim that understanding is the goal of explanation against various persistent criticisms, especially the criticism that understanding is not truth-connected in the appropriate way, and hence is a merely psychological state. Part of the reason why understanding has been dismissed as the goal of explanation, I suggest, is because the psychological dimension of the goal of explanation has itself been almost entirely neglected. In turn, the psychological dimension of understanding—the Aha! experience, the sense that a certain explanation (...) “feels right”, and so on—has been conspicuously overemphasized. I try to correct for both of these exaggerations. Just as the goal of explanation includes a richer psychological—including phenomenological—dimension than is generally acknowledged, so too understanding has a stronger truth connection than is generally acknowledged.Keywords: Understanding; Explanation; Philosophy of science; Epistemology. (shrink)

The opportunity and ability to enjoy a health life is, indisputably, a basic human right. As a consequence, governments are responsible for delivering health care to all. Within this framework, physicians must assume the ethical responsibility for doing their utmost to achieve this goal.

While evidence-based medicine (EBM) is often accused on relying on a paradigm of 'absolute truth', it is in fact highly consistent with Karl Popper's criterion of demarcation through falsification. Even more relevant, the first three steps of the EBM process are closely patterned on Popper's evolutionary approach of objective knowledge: (1) recognition of a problem; (2) generation of solutions; and (3) selection of the best solution. This places the step 1 of the EBM process (building an answerable question) in a (...) pivotal position for the understanding of the whole process, and underscores a few aspects which are often overlooked in EBM courses. First in this step internal evidence (including personal expertise) must be appraised and integrated in the problem. Second, issues of applicability of the possible solution should be anticipated. Third, and possibly more important, the goal of the intervention should be set at this stage (typically by choosing the outcome in a PICO question). Depending whether or not goals depend on the goals of others, and whether they concern others' voluntary behaviour, goals may be classified as self-serving, moral, altruistic or moralistic. Thus, delicate ethical questions must be addressed at this stage, which means that patient preferences and values must be carefully sought, so that empathy, counselling and narrative medicine must be mastered to be able to formulate correctly an answerable question. The need to modify the current description of the EBM process to increase the recognition of implicit assumptions and increase the consistency of this model is discussed. (shrink)

The elimination of child marriage is a goal that ranks high on the agendas of civil society organizations, national governments, and multilateral institutions. To date, however, there has been very little scholarship on the historical debates over the definition of child marriage. This article examines the history of age-restricted marriage as it was debated during the development of human rights instruments in the post-World War II era. Using archives of the United Nations and affiliated organizations, we detail how and (...) why efforts to establish a universal minimum age for marriage were repeatedly unsuccessful. We illustrate how the current, commonly used definition of child marriage—as marriage before the age of 18—has never been agreed upon in a legally binding international convention but was seemingly established through a discursive innovation that borrowed principles from the 1989 Convention on the Rights of the Child. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...) involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

The purpose of the article is to argue for the significance of a clarified goal of health care for the setting of priorities. Three arguments are explored. First, assessment of needs becomes necessary in so far as the principle of need should guide the priority-setting. The concept of health care need includes a goal component. This component should for rational reasons be identical with the goal of health care. Second, in order to use resources efficiently it is necessary to assess (...) the effects of health care. It is not, however, a question of assessing whether there is an effect but a question of assessing whether there is the right effect. And what constitutes the right effect can only be determined in relation to the goal of the enterprise. Third, the health sector involves several groups of actors such as politicians, administrators, doctors, nurses, physiotherapists, occupational therapists, educationists and patients. It is common knowledge that successful teamwork requires an understanding of a common goal. The article ends with an example of a goal chosen from ethics. (shrink)

Proposal Information: In this paper it is argued that although Spinoza, unlike other great philosophers of the Enlightenment era, never actually wrote a philosophy of education as such, he did – in his Ethics – write a philosophy of self-improvement that is deeply educational at heart. When looked at against the background of his overall metaphysical system, the educational account that emerges is one that is highly curious and may even, to some extent at least, come across as counter-intuitive in (...) a contemporary setting. This is so because it grounds the greater social and political endeavors of humanity in the individual’s striving for an ever-increasing power of acting. Hence, education, for Spinoza, is a decidedly individualistic affair, but then again, so is the making of society. Since, for Spinoza, every instance of knowledge bears the unique mark of the individual body that expresses it, one might conclude that at the foundation of every social structure is an encounter between concrete bodies; each expressing a particular perspective from where to grasp the world. I would argue, based on this, that one of Spinoza’s main contributions to educational theory is his grounding of larger social endeavors in the striving of the individual. Hinged on the striving to be more rational, as dictated by the doctrine of the conatus, education appears to offer a way of grounding the structure of the human social world in the same principles as those guiding the individual. Spinoza’s doctrine of the imitation of affects thereby offers a way of linking the egoistic striving for power on behalf of the individual with the educational goal of building a sustainable society. It does so as it conditions self-improvement by the human characteristic to imitate what others desire. By being surrounded with people who desire to be more rational, one can utilize this desire for the good and become strengthened in one’s own striving for increasing one’s degree of existence. Consequently, the teaching situation is geared for guiding students towards a more rational life, at the same time as it is geared for the self-improvement of the teacher. This aspect of self-improvement is, ultimately, what will motivate the teacher in striving to enhance the lives of his or her students in the first place. Being unable to self-improve in isolation, the doctrine of the imitation of affects dictates that the rational person will be moved toward a life of generosity, not primarily for altruistic reasons, but out of a desire to become more rational and thus to gain in his or her own power of acting. The question that follows from this, of course, is how does one go about when inculcating a desire to be more rational in one’s students?Education, from a Spinozistic point of view, is ultimately about the cultivation of the potential that lies dormant in each individual, so that a person may live a happier life as a result of understanding, more adequately, their place in the natural world. The challenge, then, becomes one of overcoming the many obstacles that prevent a person from developing their potential. Pedagogy, from this point of view, may be understood in terms of the art of offering the right amount of resistance. This notion is based on the assumption that if a student encounters no resistance – or too much resistance – his or her potential remains just that – a potential. In order to develop this potential the student needs to overcome certain barriers. With regards to this, the role of the teacher may be conceived in terms of the one balancing the amount of resistance so that the student is properly challenged but at the same time not overwhelmed. Methodology or Methods/ Research Instruments or Sources Used: The paper makes for an attempt to outline a Spinozistic philosophy of education based on readings of Spinoza’s texts – primarily the Ethics – and some of the relevant secondary literature such as Della Rocca’s influential reading of Spinoza. As such it is a philosophical inquiry seeking to interconnect some key aspects of Spinoza’s philosophy with some of the major issues of education. Methodologically, this paper argues, in line with Melamed, that rather than turning to the history of philosophy in order to identify ‘precursors to [our] own views’, so as to validate what we already believe we know, it is more fruitful to turn to past philosophers in order to ‘challenge our most basic beliefs and intuitions by studying texts that are both well-argued and strongly opposed to our commonsense’. Accordingly, turning to Spinoza marks an attempt to revisit and reconceptualize some key aspects of educational thought. Conclusions, Expected Outcomes or Findings: A conclusion of this paper is that a Spinozistic philosophy of education would need to focus on resolving the tension between Spinoza’s egoism and education as a social project. To this end it identifies Spinoza’s doctrine of the imitation of affects as a possible link between the individual’s striving for power and the collective agenda of improving human well-being at large. It is also suggested that, in aspiring to inculcate a desire to be more rational in his or her students, the challenge for the Spinozistic teacher is to prompt the students to aspire to reach beyond the temporary satisfactions of the passions so as to acquire a more enduring sense of satisfaction and so that their well-being is more fully under their own command rather than under the command of various external influences. This, in turn, is connected with the notion of resistance in the sense that in experiencing the volatility of fortune – and thereby understanding the instability of relying on one’s passions – a person would appear to be more inclined to strive for a more enduring sense of happiness, even if this would mean giving up on some of the temporary pleasures that one has grown accustomed to. The resistance, then, may be conceived in terms of the overcoming of temporary pleasures that stand in the way of the developing of one’s potential. In this scenario the role of the teacher may be understood in terms of someone offering a well-balanced amount of resistance. This means that to accommodate one’s students – in the sense that one approaches them in terms of prospective customers, aspiring to satisfy their demands – is inimical to education insofar as the wants and desires of students are, generally speaking, caused by passive affects rather than their rational wills. References: Aloni, N.. Spinoza as Educator: From Eudaimonistic Ethics to an Empowering and Liberating Pedagogy. Educational Philosophy and Theory 40, pp. 531–544.Della Rocca, M.. Spinoza. New York: Routledge.Della Rocca, M.. Rationalism, Idealism, Monism, and Beyond. In: E. Förster & Y. Y. Melamed Spinoza and German Idealism. Cambridge: Cambridge University Press, pp. 7–26.Derry, J.. The Unity of Intellect and Will: Vygotsky and Spinoza. Educational Review, 56, pp. 113–120.Lloyd, G.. Spinoza and Educating the Imagination. In: A. O. Rorty Philosophers on Education: Historical Perspectives. London: Routledge, pp. 157–172.Melamed, Y. Y.. Spinoza’s Metaphysics: Substance and Thought. Oxford: Oxford University Press.Nadler, S.. Eternity and Immortality in Spinoza’s Ethics. Midwest Studies in Philosophy 26, pp. 224–244.Poulimatka, T.. Spinoza’s Theory of Teaching and Indoctrination. Educational Philosophy and Theory 33, pp. 397–410.Spinoza, B.. The Ethics. In: E. Curley A Spinoza Reader: The Ethics and Other Works. Princeton: Princeton Unive. (shrink)

Philosophers have recently expressed interest in the question as to whether there is a right to sex, a right whose justification is motivated by the existence of sexually excluded people—people who suffer from involuntary long-term sexual deprivation (owing, say, to a chronic medical condition). This paper, after offering preliminary remarks about what a right to sex and its objects might be and who might have this right, surveys seven justifications for the right: linkage arguments, need, well-being, a minimally decent life, (...) sexual activity being a basic good, injustice, and relationships. The paper argues that a right to sex does not likely exist because none of the justifications is convincing. The paper then argues that despite the lack of justification, and because sexual exclusion is a problem worthy of attention, people’s sexual needs can be addressed through the lens of goals instead of rights. This not only takes sexual exclusion seriously enough, it also avoids the crucial problems associated with rights-talk, especially that of sexual coercion. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ (...) on the actions of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

I have two goals in this paper. First, I want to determine whether Kant’s justification for state programs for poverty relief in The Doctrine of Right is based on 1) Kantian duties of virtue, 2) Kantian duties of right, or instead merely on 3) instrumental arguments regarding the preservation of a State as such. I claim that the last alternative is the correct one. Second, I will argue, against Kant himself, that even his merely instrumental arguments for public programs (...) for poverty relief are ruled out by his doctrine of right. My conclusion is that, perhaps surprisingly, the only genuinely Kantian way to provide poverty relief is privately, just as Libertarians have argued. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...) involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

Abstract The paper considers the question of whether ?rights? as we have it in modern Western thinking has an equivalence within the Indian framework of Dharma. Under Part I we look at purus?rthas to see if the desired human goals imply rights by examining the tension between aspired ?values? and the ?ought? of duty. Next, a potential cognate in the term ?adhik?ra? is investigated via the derivation of a refined signification of ?entitlements?, especially in the exegetical hermeneutics (...) of the Mim?ms?. Finally, adhik?ra's re?emergence in the Bhagavadgit? is considered. We suggest that while the boundary is significantly extended, the Git? too appears to be circumspect in opening up the discourse in the more abstract and absolute sense which the term ?rights? nowadays enjoys. (shrink)

ExcerptHuman rights organizations for the past few decades have generally attempted to promote international law against the principle of state sovereignty in order to establish human rights norms worldwide. This approach presumes the universality of human rights is in fundamental opposition to the principle of sovereignty because this principle can be used by governments to shield themselves from outside criticism. By contrast, the U.S. State Department’s Report of the Commission on Unalienable Rights has outlined an approach (...) that emphasizes not just the compatibility between universal human rights and state sovereignty but even their dependence on each other.1 We see the results of this clash in the response to the Report by Kenneth Roth, executive director of Human Rights Watch and one of the expert witnesses during the commission’s proceedings.2 He sees in the Report’s foregrounding of the Universal Declaration of Human Rights “a frontal assault on international human rights law” because it shifts attention away from international law and toward more informal documents such as the Universal Declaration, which lays out a set of goals rather than legally binding commitments. (shrink)

There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the right to health (...) has the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. (shrink)

The right to water and sanitation has emerged from the penumbra of associated rights in the past few decades and now plays an important role in international debates. This right has emerged “from below”, through the efforts of social movements seeking transformation in the lives of the world’s poor, and it has been recognized “from above”, with major international actors such as the United Nations, international financial institutions, and even large corporate actors affirming its existence. As the obligations and (...) entitlements inherent in this right are increasingly clarified, the role of interdisciplinary collaboration has never been more important. This short Commentary examines one such collaborative effort, led by the United Nations Joint Monitoring Programme, to devise post-2015 goals, targets, and indicators for water, sanitation, and hygiene. The Commentary calls for renewed partnerships to advance human rights-based policy among advocates, development practitioners, and water and sanitation experts from diverse scientific fields. (shrink)

This mixed-methods study examines the human rights and human rights education and training (HRET) perspectives and practices of law educators in Myanmar during the democratic transition that ended with the 2021 coup. “Contextual, Theoretical, and Methodological Framing” provides an overview of legal and human rights education in Myanmar, discusses the potential of human rights education in law schools during democratic transitions, addresses why educators’ human rights and human rights education perspectives and practices are important (...) to examine, and presents the research methodology. “Findings” presents findings based on the two phases of research during the transitional period: phase 1 (2015–2017)—law instructors’ perspectives and practices after participating in a multi-year HRET program; and phase 2 (2019–2020)—law instructors’ perspectives on the goals, challenges, and potential of HRET in Myanmar. The third section—“Discussion and Implications”—examines the contextual challenges and opportunities for human rights education as related to (1) critical human rights education, (2) practice-oriented HRET, and (3) administrative policies and practices for human rights and HRET within universities. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate (...) authority in so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

Disability rights advocates have traditionally denigrated charity as politically counterproductive and inherently demeaning. This article argues that this perspective mischaracterizes charity of a religious kind. Religious charity, I argue, must be understood immanently, through an exploration of the virtues cultivated in particular religious organizations. I consider two Catholic charities: L’Arche, a community for intellectually disabled people, and the end-of-life care facility Our Lady of Perpetual Help Home. At each organization, individual acts of charity are emblematic of an underlying virtue (...) that I call caritas or charity-love. This transforms them into gestures that advance goals that are consonant with those of the disability rights movement. In the case of Our Lady, this is even true of pity, perhaps the most despised emotion of the disability rights tradition. But while disability rights advocates have characterized pity as essentially devaluing disabled people, at Our Lady, it is an emotion that freely circulates, undoing hierarchical distinctions between ability and disability, and even human and divine. This redefined notion of pity—which I term misericordia—can, I conclude provide a new foundation for disability politics, one that radicalizes the goals of the disability rights movement, while also positing objectives that go beyond legal compliance. (shrink)

In Section I, the purely conceptual issue as to whether animals other than human beings, all or some, may possess rights is examined. This is approached via a consideration of the concept of a moral right, and by way of examining the claims of sentience, consciousness, capacities for pleasure and pain, having desires, possessing interests, self-consciousness, rationality in various senses. It is argued that only beings possessed actually or potentially of the capacity to be morally self-determining can be possessors (...) of rights. In Section II, normative questions concerning the rights animals might possess if they were to be capable of possessing rights are discussed. The approach followed is that of considering the kinds of argument advanced in support of human rights, and whether these arguments, and the rights they are claimed to establish, are transferable to animals, and whether there are or might be specifically animal rights. In Section III the question of what is or could be the goal of one who recognizes and seeks to respect all rights, animal and human, is raised. In particular, the issue as to whether a goal of maximizing the satisfaction of rights could remain a coherent one if animal rights are acknowledged, is explored. (shrink)

This article considers the topic of the prior parental right in the education of their children, unequivocally asserted in the United Nations’ Declaration of Human Rights (UDHR, Article 26, subsection 3). Discussion focuses upon the origins and nature of this right as it is described in Catholic Church teaching as well as the Supreme Court’s 1925 decision in Pierce v. Society of Sisters, both of which antedate and provide principled support for UDHR’s assertion. The purpose here is to use (...) these principles to identify the injustice arising when a State or its agents deny parental choice in education by limiting that choice to public schools. In the United States, this action imperils the foundation of UDHR’s goal that education be “the foundation of freedom, justice and peace in the world.”. (shrink)

The plot of the first three seasons of the Amazon Prime series The Boys, adapted from the graphic novel by Garth Ennis and Darick Robertson, makes direct comparisons between its superpowered protagonists, the Nazis, and the modern MAGA movement. As such, the series seems to be an argument from analogy that the modern MAGA movement is fascist. It is the goal of this chapter to examine that argument and evaluate its conclusion. In the end, we will see that the analogy (...) is strong, and that the modern MAGA movement is not even just “fascist adjacent.” Although the historical circumstances are different, the modern MAGA movement belongs to the family of fascist political ideologies, just as much as 1930s German Nazism. (shrink)

The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming hypothesis is true. To achieve this goal the standard climate policy instruments, taxes and emissions trading, should be discontinued. There are weaknesses in the theoretical perspectives used to justify these policy instruments and climate science cannot provide the knowledge that (...) would be needed to justify their implementation. In their place I propose a privatised policy, based on Austrian and libertarian frameworks of thought, which share an interpretation of climate change as a putative interpersonal conflict rather than market failure. The use of fossil fuels, like any other economic activity, should be subject to side-constraints designed to avoid the infringement of other people’s property rights. Tort litigation on the basis of strict liability would protect these rights, insofar as they need protecting. By providing a public arena for the competitive testing of scientific hypotheses concerning climate change, such litigation would also promote the public understanding and even the advancement of climate science. (shrink)

In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most importantly, (...) by themselves as indios.As the country becomes more accessible to researchers and as indigenous Salvadorans gain a stronger foothold in the international forum, it is very likely indigneous peoples will emerge from the historical shadows to forcefully claim their rights as distinct members of Salvadoran society. The obstacles they face are not inconsequential. State opposition to indigenous organizations is strong and popular perceptions are often harder to dislodge than state policies. The widespread support gained by organizations like ANIS during the civil war proves that there is sympathy for indigenous rights. It remains to be seen to what extent ANIS and other organizations can use this support, and that of indigenous allies around the world, to promote the goals and aspirations of indigenous Salvadorans. While the issue of indigenous rights has long been discussed in other countries, it is only beginning to be addressed in El Salvador. (shrink)

This article considers the topic of the prior parental right in the education of their children, unequivocally asserted in the United Nations’ Declaration of Human Rights. Discussion focuses upon the origins and nature of this right as it is described in Catholic Church teaching as well as the Supreme Court’s 1925 decision in Pierce v. Society of Sisters, both of which antedate and provide principled support for UDHR’s assertion. The purpose here is to use these principles to identify the (...) injustice arising when a State or its agents deny parental choice in education by limiting that choice to public schools. In the United States, this action imperils the foundation of UDHR’s goal that education be “the foundation of freedom, justice and peace in the world.”. (shrink)

Spatial localization, often demarcated by food miles, has emerged as the dominant theme in movements for more socially just and environmentally benign alternative food systems, especially in industrialized countries such as the United States. We analyze how an emphasis on spatial localization, combined with the difficulty of defining and measuring adequate indicators for alternative food systems, can challenge efforts by food system researchers, environmental writers, the engaged public, and advocacy groups wanting to contribute to alternative food systems, and facilitates exploitation (...) by the mainstream players using “localwash” to maintain the status quo. New indicators are urgently needed because research shows that spatial localization in general and minimized food miles in particular are not adequate or even required for most of the goals of alternative food systems. Creating indicators to operationalize goals for alternative, local food systems requires asking the right questions to make sure indicators are not misleading us: What are the goals of alternative food systems? What actions and policies will most effectively achieve those goals? What is the potential of reducing food miles as an action and a policy for achieving goals? What are the best indicators for measuring progress toward goals? We discuss how these questions can be answered for a wide range of alternative food system goals via four categories according to the role of food miles reduction as an action and policy in promoting them: necessary and sufficient, necessary but not sufficient, potentially important, and potentially supportive. (shrink)

Recommendation systems (RSs) predict what the user likes and recommend it to them. While at the onset of RSs, the latter was designed to maximize the recommendation accuracy (i.e., accuracy was their only goal), nowadays many RSs models include diversity in recommendations (which thus is a further goal of RSs). In the computer science community, the introduction of diversity in RSs is justified mainly through economic reasons: diversity increases user satisfaction and, in niche markets, profits.I contend that, first, the economic (...) justification of diversity in RSs risks reducing it to an empirical matter of preference; second, diversity is ethically relevant as it supports two autonomy rights of the user: the right to an open present and the right to be treated as an individual. So far, diversity in RSs has been morally defended only in the case of RSs of news and scholarly content: diversity is held to have a depolarizing effect in a democratic society and the scientific community and make the users more autonomous in their news choices. I provide a justification of diversity in RSs that embraces all kinds of RSs (i.e., a holistic moral defense) and is based on a normative principle founded on the agency of the user, which I call the right to be an exception to predictions. Such a right holds that the proper treatment of a RS user qua agent forbids providing them with recommendations based only on their past or similar users’ choices. (shrink)

The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the (...) operations of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

The UK government has recently committed to adopting a new policy—dubbed ‘Martha’s Rule’—which has been characterised as providing patients the right to rapidly access a second clinical opinion in urgent or contested cases. Support for the rule emerged following the death of Martha Mills in 2021, after doctors failed to admit her to intensive care despite concerns raised by her parents. We argue that framing this issue in terms of patient rights is not productive, and should be avoided. Insofar (...) as the ultimate goal of Martha’s Rule is the provision of a clinical service that protects patient safety, an approach that focuses on the obligations of the health system—rather than the individual rights of patients—will better serve this goal. We outline an alternative approach that situates rapid clinical review as part of a suite of services aimed at enhancing and protecting patient care. This approach would make greater progress towards addressing the difficult systemic issues that Martha’s Rule does not, while also better engaging with the constraints of clinical practice. (shrink)