Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

Legal battles continue in the UK over the Government’s plans to transport asylum seekers arriving on British shores to Rwanda in East Africa. Originally announced as a system for ‘processing’ asylum seekers, the Government has subsequently made it clear that there would not be an option for asylum seekers to return to the UK. The arrangement forms part of a deal between the UK and Rwanda, with the UK promising to invest £120 m in economic growth and development in Rwanda, (...) along with financing the cost of the ‘offshored’ asylum operation.1 The Government states that the policy is designed to break the business model of people traffickers involved in facilitating hazardous trips across the Channel in small, overcrowded and unseaworthy craft, leading to multiple drownings. Critics argue that the policy will do nothing to stop desperate people from seeking refuge in the UK, that transferring already traumatised people to Rwanda – which has been criticised for its human rights record – is inhumane and potentially outwith international law. Medical bodies, including the BMA, along with refugee organisations have expressed serious concerns about the health impact of such a system of ‘offshoring’. An equivalent system in Australia has been notorious for the devastating health impacts on those ‘offshored’ to the Pacific islands of Manus and Naura. Unusually in the UK the offshoring proposals have been greeted by unanimous condemnation by the Church of England. The lawfulness of the process is also subject to question. On the 14 July, a plane carrying a small number of asylum seekers to Rwanda was halted shortly before take-off following an intervention by the European Court of Human Rights. The ECtHR, part of the Council of Europe, of which the UK is still a member, said an Iraqi man known as KN faced ‘a real …. (shrink)

We explore the better known paradoxes of Zeno including modern variants based on infinite processes, from the point of view of standard, classical analysis, from which there is still much to learn (especially concerning the paradox of division), and then from the viewpoints of non-standard and non-classical analysis (the logic of the latter being intuitionist).The standard, classical or Cantorian notion of the continuum, modeled on the real number line, is well known, as is the definition of motion as the time (...) derivative of distance (we are not concerned with position and motion in more than one dimension, since Zeno wasn't). The real number line consists of its points, the distance between distinct points being positive and finite. The standard, classical derivative relies on the classical notion of limit, which does not use infinitesimals. (shrink)

In June 2021, the BMA published its report on moral distress and moral injury in UK doctors.1 The report includes definitions of the terms ‘moral distress’ and ‘moral injury’ as well as a summary of how the concepts have developed over time. There is also an analysis of the BMA’s pan-profession survey of moral distress and moral injury of doctors in the UK, the first of its kind. The impact of COVID-19 and recommendations for tackling moral distress also feature. Many (...) may be unfamiliar with the concepts of ‘moral distress’ and ‘moral injury’. These terms are relatively new, and debate is ongoing in academic circles on the best way to understand them.2 Some use the terms interchangeably. The BMA defines moral distress as the psychological unease generated where professionals identify an ethically correct action to take but are constrained in their ability to take that action. Even without an understanding of the morally correct action, moral distress can arise from the sense of a moral transgression. More simply, it is the feeling of unease stemming from situations where institutionally required behaviour does not align with moral principles. This can be as a result of a lack of power or agency, or structural limitations, such as insufficient staff, resources, training or time. The individual suffering from moral distress need not be the one who has acted or failed to act; moral distress can be caused by witnessing moral transgressions by others. Moral injury can arise where sustained moral distress leads to impaired function or longer-term psychological harm. Moral injury can produce profound guilt and shame, and in some cases also a sense of betrayal, anger and profound ‘moral disorientation’. It has also been linked to severe mental health issues. There is increasing recognition across the UK of the problem …. (shrink)

Carol Harrison counters the assumption that Augustine of Hippo's theology underwent a revolutionary transformation around the time he was consecrated Bishop in 396. Instead, she argues that there is a fundamental continuity in his thought and practice from the moment of his conversion in 386. The book thereby challenges the general scholarly trend to begin reading Augustine with his Confessions, which were begun ten years after his conversion, and refocuses attention on his earlier works, which undergird his whole theological system.

OBJECTIVE: To describe the issues faced, and how they were addressed, by the University of Toronto Critical Care Medicine Program/Joint Centre for Bioethics Task Force on Appropriate Use of Life-Sustaining Treatment. The clinical problem addressed by the Task Force was dealing with requests by patients or substitute decision makers for life-sustaining treatment that their healthcare providers believe is inappropriate. DESIGN: Case study. SETTING: The University of Toronto Joint Centre for Bioethics/Critical Care Medicine Program Task Force on Appropriate Use of Life-Sustaining (...) Treatment. PARTICIPANTS: The 24-member Task Force included physician and nursing leaders from five critical care units, bioethicists, a legal scholar, a health administration expert, a social worker, and a hospital public relations professional. INTERVENTIONS: None. MEASUREMENTS AND MAIN RESULTS: Our specific lessons learned include a) a policy focus on process; b) use of a negotiation and mediation model, rather than a hospital ethics committee model, for this process; and c) the policy development process is itself a negotiation, so we recommend equal involvement of interested groups including patients, families, and the public. CONCLUSIONS: This article describes the key issues faced by the Task Force while developing its policy. It will provide a useful starting point for other groups developing policy on appropriate use of life-sustaining treatment. (shrink)

Why are some things spoken and other things sung? What effect does singing have on the hearer or the singer and especially on their affective and intellectual cognition? This essay, which was originally conceived and delivered as a lecture, asks why it was that Saint Augustine was so ambivalent about singing. It examines both his reasons and his tactics for avoiding singing as well as the ways and the contexts in which he can be shown to have positively embraced it. (...) It argues that both Augustine’s theological reflection and his practice included a role for spontaneous, non-verbal expression in singing, as well as for the more measured poetry of the psalms and hymns that, in Augustine’s day, had already become a part of the liturgy and of corporate worship. (shrink)

On 7 April 2022 – coinciding with World Health Day – the British Medical Association launched its new report, Health and human rights in the new world order.1 Written during the global upheaval triggered by the COVID-19 pandemic, and published just weeks after the Russian invasion of Ukraine, the report responds to a range of emerging and intensifying threats to health-related human rights globally. As the report establishes, human rights in health and healthcare matter because human suffering, and its relief, (...) are fundamental moral issues. As relief of human suffering is the primary purpose of medicine, it follows that doctors and other health professionals are often active in times of human challenge and extremity. During conflict, humanitarian crises, and, as we have so recently seen, global public health emergencies, health professionals are essential to the response. But these crises – and the response to them – can put fundamental human rights and interests under pressure. The Russian invasion of Ukraine has seen sustained indiscriminate shelling of civilian infrastructure. Whether health facilities were directly targeted is moot – the indiscriminate nature of the assault means they will inevitably be hit. Not only is this a violation of the Geneva Conventions, it undermines fundamental human rights, not least of which the right to health. Destroying health infrastructure drives further suffering and delays post-conflict recovery. Public heath emergencies can rightly require draconian measures – social distancing, enforced isolation, location tracking, economic shutdown. Although we saw their necessity during the COVID-19 outbreak, concerns were raised about disproportionate restrictions on basic rights, including rights to privacy and liberty. Human Rights Watch drew attention to the way governments unlawfully exploited COVID-19 to crack down on fundamental rights.2 Although conflicts and public health emergencies are not new, the report also tracks a number of …. (shrink)

Further critical and theoretical essays by a long-time participant in the Art & Language movement.

El artículo muestra que, en numerosos contextos, Agustín reflexiona sistemáticamente sobre la teología de la escucha transformadora, y da en la práctica un destacado ejemplo de ella. Se centra en los tres últimos libros de las Confesiones, particularmente el libro 11, donde Agustín presenta una versión única, pero también paradigmática, del arte y práctica de oír.

Lucas van Valckenborch’s Winter Landscape hangs in the Kinsthistorisches Museum in Vienna. It was painted four hundred years ago as one of a set of the four seasons. Measured by sales of reproductions, it is one of the most popular paintings in the museum, though it is by no means the most distinguished example of the genre to which it belongs. The picture is a snow scene. In the long series of represented planed that recede from foreground to horizon, fallen (...) snow covers fields and roves. Across the surface of the canvas and scarcely diminishing in scale from bottom to top, touches of white paint represent falling snow. It is not a small painting, and these are not mere feathery indications, but palpable dabs from a loaded brush. To a taste fed on Modernist painting—or, for the pedantic, to a prejudice fuelled by Modernist accounts of painting—it is by virtue of this surprising frankness that the painting achieves more than mere anecdotal charm. It is not the illusion of depth in the picture that holds our sophisticated attention, nor the atmospheric re-creation of a leaden sky, nor do we admit to being engaged by the over-rehearsed animation of the peasants. What gives us pleasurable pause is the strange and distinctive form of skepticism about appearances that is set in play when the allure of imaginative depth meets resistance from the vividness of decorated surface.5 5. Wollheim uses the term ‘twofoldness’ for ‘this strange duality—of seeing the marked surface, and of seeing something in the surface.’ In his account this experience leads to a thematizing of the image, which ‘ushers in representation.’ Translated into his terminology, my suggestion would be that the Winter Landscape can be seen as catering to a Modernistic taste for the thematizing of ‘twofoldness’ itself. Charles Harrison is staff tutor and reader in the history of art at the Open University. He is the author of English Art and Modernism 1900-1939 , and he is now completing a second volume, English Art and Modernism 1940-1985. He is co-author of A Provisional History of Art & Language , and his most recent book—Essays on Art and Language—is due out in 1989. He has been associated with the Art & Language group since 1971 and is editor of the journal Art-Language. (shrink)

This volume explores the relationship between law and geography, especially with respect to taken-for-granted distinctions between the social and the material, the human and non-human, and what constitutes persons and things. As a genuinely reflective `Law and Geography' project, this collection offers interdisciplinary inquiry, particularly in response to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. Because of the sheer expansiveness and complexity of both law and geography (...) we use conceptual frames to structure this volume - boundaries, land, property, nature, identity, culture and time, and knowledge. These frames cut across the various subdivisions of law and geography described above and provide a route into the various practical and theoretical deliberations on the interrelationship and interstices of law and geography which follow. The chapters are diverse in style, research methodology, and subject matter. (shrink)

As the COVID-19 vaccine roll out continues apace, in the higher-income countries at least, concerns remain about the level of vaccine coverage in some health and social care settings. Although most countries have seen a relatively high uptake of vaccination against COVID-19 among staff, there continue to be some pockets of hesitancy. The risk of outbreaks in settings with potentially very vulnerable patients has led some governments across Europe to consider, or to introduce, measures compelling healthcare staff to be vaccinated. (...) The justifiability of mandating the vaccination of healthcare professionals is a longstanding question but it has come to the fore in recent months following a resurgence of cases of COVID-19 and the prevalence of the more transmissible Delta variant. In deciding whether the introduction of a mandate is appropriate, states have to balance a range of ethical and practical considerations. A voluntary approach, backed up with education, respects healthcare workers’ autonomy to make private healthcare decisions, which is valued highly in liberal democracies. However, healthcare professionals also have an obligation to ensure that they do not present a risk of harm to their patients. Similarly, healthcare providers have a responsibility to take appropriate steps to minimise the risk of infection. Alongside balancing these rights and responsibilities, governments must also consider the potential consequences and risks of enforcing vaccine uptake. For example, there are concerns that a coercive approach could deepen mistrust and resentment among people who are genuinely fearful or hesitant. Moreover, a large number of refusals and the subsequent imposition of sanctions, such as suspension or redeployment, could affect the ability of providers to staff necessary services. In the UK, Wales, Northern Ireland and Scotland have all ruled out the introduction of compulsory vaccination. However, in July, the English Parliament voted through …. (shrink)

In a recent judgment1 the Court of Protection was highly critical of health professionals for continuing to provide clinically-assisted nutrition and hydration in the face of disagreement about the patient’s best interests, without seeking to resolve the issue. This hearing had been set up specifically to consider whether GU’s dignity had been properly protected, and if not why not, given concerns raised by the Official Solicitor about what she considered to be “a complete abrogation of responsibility to consider properly or (...) at all, and to determine whether it was in GU’s best interests and therefore lawful to continue to give him an invasive medical treatment, CANH.” In April 2014, at 63 years old and living in Thailand, GU sustained severe injuries after suffering from an electrocution accident. He sustained a cardiorespiratory arrest with a significant delay before cardiopulmonary resuscitation was started and was unconscious and unresponsive. In September 2014 he was transferred to the UK. In August 2018, GU’s brother made a request for a best interests decision concerning the continuation of CANH. The family met to discuss this and all except GU’s son, agreed that continuing CANH was not in GU’s best interests. In view of the fact that there was not unanimity among the family, a decision was made that CANH should continue. Commenting on this decision, Mr Justice Hayden said ‘the apparent assumption that in the face of family disagreement ‘ therefore will continue to be cared for by nursing staff ” is a troubling non sequitur’ and stressed that ‘family dissent to a medical consensus should never stand in the way of an incapacitated patients’ best interests being properly identified’. He also made clear that the responsibility for ensuring that a best interests assessment is undertaken rests with the …. (shrink)