Amiya P. Sen
- Published in print:
- 2001
- Published Online:
- October 2012
- ISBN:
- 9780195655391
- eISBN:
- 9780199080625
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195655391.001.0001
- Subject:
- Religion, Hinduism
This work is an intensive study of certain facets of social and intellectual life in Bengal between 1872 and 1905, particularly Hindu revivalism. The period under discussion represents significant ...
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This work is an intensive study of certain facets of social and intellectual life in Bengal between 1872 and 1905, particularly Hindu revivalism. The period under discussion represents significant progress in the area of social and religious reform as well as a period which witnessed hostile attitudes towards such reforms. This is probably the first major work concerning the controversy that surrounded the Brahmo Marriage Bill of 1868–72 and the Consent Bill of 1890–92. The major source material for this book comprises contemporary Bengali literature, including essays, newspaper articles and correspondence, novels, short stories, drama and poetry. Though this study purports to be a history of intellectual life in Bengal and the broader intellectual trends and movements, it is largely an examination of certain developments centred in or around Calcutta.Less
This work is an intensive study of certain facets of social and intellectual life in Bengal between 1872 and 1905, particularly Hindu revivalism. The period under discussion represents significant progress in the area of social and religious reform as well as a period which witnessed hostile attitudes towards such reforms. This is probably the first major work concerning the controversy that surrounded the Brahmo Marriage Bill of 1868–72 and the Consent Bill of 1890–92. The major source material for this book comprises contemporary Bengali literature, including essays, newspaper articles and correspondence, novels, short stories, drama and poetry. Though this study purports to be a history of intellectual life in Bengal and the broader intellectual trends and movements, it is largely an examination of certain developments centred in or around Calcutta.
Tom Walker
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719099465
- eISBN:
- 9781526104410
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099465.003.0006
- Subject:
- Sociology, Culture
This chapter considers how inconsistencies can be resolved in the context of refusal of medical treatment by young people over sixteen by looking at the roles consent plays in medicine. In some cases ...
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This chapter considers how inconsistencies can be resolved in the context of refusal of medical treatment by young people over sixteen by looking at the roles consent plays in medicine. In some cases the question of whether that refusal should be respected is purely academic – for practical reasons the treatment cannot be given. But where treatment could be provided in the light of such a refusal it is unclear whether it is permissible to do so. This is because it seems inconsistent both to say that a patient can consent to treatment but not refuse it, and to say that we ought to seek consent even where a refusal to provide it may be overridden. The chapter argues that there is a relatively straightforward argument to support the idea that young people can consent to, but not effectively refuse, medical treatment. What will turn out to require further explanation, at least on standard ways of approaching medical ethics, is the idea that it is always morally wrong to give an adult treatment that she refuses.Less
This chapter considers how inconsistencies can be resolved in the context of refusal of medical treatment by young people over sixteen by looking at the roles consent plays in medicine. In some cases the question of whether that refusal should be respected is purely academic – for practical reasons the treatment cannot be given. But where treatment could be provided in the light of such a refusal it is unclear whether it is permissible to do so. This is because it seems inconsistent both to say that a patient can consent to treatment but not refuse it, and to say that we ought to seek consent even where a refusal to provide it may be overridden. The chapter argues that there is a relatively straightforward argument to support the idea that young people can consent to, but not effectively refuse, medical treatment. What will turn out to require further explanation, at least on standard ways of approaching medical ethics, is the idea that it is always morally wrong to give an adult treatment that she refuses.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0018
- Subject:
- Law, Family Law
Discusses a number of Scottish cases in which parties have sought to escape from their marriages on the ground that they were unconsented to, or sham. Approves of the Outer House decision in Hakeen v ...
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Discusses a number of Scottish cases in which parties have sought to escape from their marriages on the ground that they were unconsented to, or sham. Approves of the Outer House decision in Hakeen v Hussain 2003 SLT 515 which was, disturbingly, overturned by the Inner House in H v H 2005 SLT 1025.Less
Discusses a number of Scottish cases in which parties have sought to escape from their marriages on the ground that they were unconsented to, or sham. Approves of the Outer House decision in Hakeen v Hussain 2003 SLT 515 which was, disturbingly, overturned by the Inner House in H v H 2005 SLT 1025.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0032
- Subject:
- Law, Family Law
Cases continue to frequent the court that are applications for return of a child under the Hague International Child Abduction Convention. A number of recent Scottish decisions are discussed which ...
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Cases continue to frequent the court that are applications for return of a child under the Hague International Child Abduction Convention. A number of recent Scottish decisions are discussed which explore the defence of “grave risk”, the meaning of “right of custody”, and the nature of consent.Less
Cases continue to frequent the court that are applications for return of a child under the Hague International Child Abduction Convention. A number of recent Scottish decisions are discussed which explore the defence of “grave risk”, the meaning of “right of custody”, and the nature of consent.
Daniel H. Levine
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780748675890
- eISBN:
- 9780748697199
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748675890.003.0010
- Subject:
- Philosophy, Moral Philosophy
This chapter attempts to give a broad overview of the argument of the book and reinforce its central themes of communal reconciliation, care, reciprocity, and the dangers of violence.
This chapter attempts to give a broad overview of the argument of the book and reinforce its central themes of communal reconciliation, care, reciprocity, and the dangers of violence.
RIZWAAN JAMEEL MOKAL
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199264872
- eISBN:
- 9780191718397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264872.003.0003
- Subject:
- Law, Company and Commercial Law
This chapter develops an alternative model to analyze and justify insolvency law, referred to as the Authentic Consent Model (ACM). Consistent with the discussion earlier in the book, its starting ...
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This chapter develops an alternative model to analyze and justify insolvency law, referred to as the Authentic Consent Model (ACM). Consistent with the discussion earlier in the book, its starting premise is that all (but only) those affected by insolvency law are to be given a choice in selecting the principles which would govern their rights, interests, and obligations. Once these parties have been identified, they are to be given equal weight in the selection process, since their legal status (whether they are employees, secured or unsecured creditors, etc.), wealth, cognitive abilities, and bargaining strength all are morally irrelevant in framing rules of justice. The ACM operationalizes the constructive attributes described earlier by requiring all principles to be selected from its ‘choice position’. Here, all the parties are deprived of any knowledge of personal attributes and must reason rationally. It is shown that parties in the choice position would in fact choose the principles laying down the automatic stay on unsecured claims. The chapter argues that because of the construction of the choice position and the constructive attributes of the parties bargaining in it, the principles chosen are fair and just, and chosen in exercise of the parties' autonomy. As it happens, they are also efficient. The chapter concludes by highlighting how the egalitarian character of the ACM distinguishes it from the Creditors' Bargain.Less
This chapter develops an alternative model to analyze and justify insolvency law, referred to as the Authentic Consent Model (ACM). Consistent with the discussion earlier in the book, its starting premise is that all (but only) those affected by insolvency law are to be given a choice in selecting the principles which would govern their rights, interests, and obligations. Once these parties have been identified, they are to be given equal weight in the selection process, since their legal status (whether they are employees, secured or unsecured creditors, etc.), wealth, cognitive abilities, and bargaining strength all are morally irrelevant in framing rules of justice. The ACM operationalizes the constructive attributes described earlier by requiring all principles to be selected from its ‘choice position’. Here, all the parties are deprived of any knowledge of personal attributes and must reason rationally. It is shown that parties in the choice position would in fact choose the principles laying down the automatic stay on unsecured claims. The chapter argues that because of the construction of the choice position and the constructive attributes of the parties bargaining in it, the principles chosen are fair and just, and chosen in exercise of the parties' autonomy. As it happens, they are also efficient. The chapter concludes by highlighting how the egalitarian character of the ACM distinguishes it from the Creditors' Bargain.
I. Glenn Cohen and Holly Fernandez Lynch (eds)
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780262027465
- eISBN:
- 9780262320825
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262027465.001.0001
- Subject:
- Biology, Bioethics
The current framework for the regulation of human subjects research emerged largely in reaction to the horrors of Nazi human experimentation, revealed at the Nuremburg trials, and the Tuskegee ...
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The current framework for the regulation of human subjects research emerged largely in reaction to the horrors of Nazi human experimentation, revealed at the Nuremburg trials, and the Tuskegee syphilis study, conducted by U.S. government researchers from 1932 to 1972. This framework, combining elements of paternalism with efforts to preserve individual autonomy, has remained fundamentally unchanged for decades. Yet, as this book documents, it has significant flaws—including its potential to burden important research, overprotect some subjects and inadequately protect others, generate inconsistent results, and lag behind developments in how research is conducted. Invigorated by the U.S. government’s first steps toward change in over twenty years, Human Subjects Research Regulation brings together the leading thinkers in this field from ethics, law, medicine, and public policy to discuss how to make the system better. The result is a collection of novel ideas—some incremental, some radical—for the future of research oversight and human subject protection. After reviewing the history of U.S. research regulations, the contributors consider such topics as risk-based regulation; research involving vulnerable populations (including military personnel, children, and prisoners); the relationships among subjects, investigators, sponsors, and institutional review boards; privacy, especially regarding biospecimens and tissue banking; and the possibility of fundamental paradigm shifts.Less
The current framework for the regulation of human subjects research emerged largely in reaction to the horrors of Nazi human experimentation, revealed at the Nuremburg trials, and the Tuskegee syphilis study, conducted by U.S. government researchers from 1932 to 1972. This framework, combining elements of paternalism with efforts to preserve individual autonomy, has remained fundamentally unchanged for decades. Yet, as this book documents, it has significant flaws—including its potential to burden important research, overprotect some subjects and inadequately protect others, generate inconsistent results, and lag behind developments in how research is conducted. Invigorated by the U.S. government’s first steps toward change in over twenty years, Human Subjects Research Regulation brings together the leading thinkers in this field from ethics, law, medicine, and public policy to discuss how to make the system better. The result is a collection of novel ideas—some incremental, some radical—for the future of research oversight and human subject protection. After reviewing the history of U.S. research regulations, the contributors consider such topics as risk-based regulation; research involving vulnerable populations (including military personnel, children, and prisoners); the relationships among subjects, investigators, sponsors, and institutional review boards; privacy, especially regarding biospecimens and tissue banking; and the possibility of fundamental paradigm shifts.
Amiya P. Sen
- Published in print:
- 2001
- Published Online:
- October 2012
- ISBN:
- 9780195655391
- eISBN:
- 9780199080625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195655391.003.0001
- Subject:
- Religion, Hinduism
This introduction explains the theme of this volume, which is about Hindu revivalism in Bengal from 1872 to 1905. The book aims at reconstructing the life and work of some relatively unfamiliar but ...
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This introduction explains the theme of this volume, which is about Hindu revivalism in Bengal from 1872 to 1905. The book aims at reconstructing the life and work of some relatively unfamiliar but by no means unimportant figures like the Sanskritist pundit Sasadhar Tarkachudamani, the fiery Hindu missionary Krishna Prosonno Sen, and three of the major writers for the orthodox Bengali weekly Bangabasi. This chapter evaluates whether revivalism is a valid expression and discusses the politics and problem of definition associated with the history of Hindu revivalism. It also highlights the relevance of the Brahmo Marriage Bill and Consent Bill controversies to Hindu revivalism.Less
This introduction explains the theme of this volume, which is about Hindu revivalism in Bengal from 1872 to 1905. The book aims at reconstructing the life and work of some relatively unfamiliar but by no means unimportant figures like the Sanskritist pundit Sasadhar Tarkachudamani, the fiery Hindu missionary Krishna Prosonno Sen, and three of the major writers for the orthodox Bengali weekly Bangabasi. This chapter evaluates whether revivalism is a valid expression and discusses the politics and problem of definition associated with the history of Hindu revivalism. It also highlights the relevance of the Brahmo Marriage Bill and Consent Bill controversies to Hindu revivalism.
Amiya P. Sen
- Published in print:
- 2001
- Published Online:
- October 2012
- ISBN:
- 9780195655391
- eISBN:
- 9780199080625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195655391.003.0006
- Subject:
- Religion, Hinduism
This chapter examines the Consent Bill controversy in Bengal in relation to orthodox Hinduism. It explains that the law sought to prevent the sexual abuse of both married and unmarried women below a ...
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This chapter examines the Consent Bill controversy in Bengal in relation to orthodox Hinduism. It explains that the law sought to prevent the sexual abuse of both married and unmarried women below a legally determined age and raised the minimum age of consent which in effect increased the scope of criminal law to punish the male sexual offender. Though many orthodox protesters opposed the bill, they eventually resigned themselves to its eventual outcome. This chapter suggests that it was the confidence in West-inspired political or social change and the faith in the instrumentality of the British government in India that helped men to finally turn away from recourse to traditional modes of change. It also discusses the history of marriage reform in India and the Rukmabai case in Bombay in 1887.Less
This chapter examines the Consent Bill controversy in Bengal in relation to orthodox Hinduism. It explains that the law sought to prevent the sexual abuse of both married and unmarried women below a legally determined age and raised the minimum age of consent which in effect increased the scope of criminal law to punish the male sexual offender. Though many orthodox protesters opposed the bill, they eventually resigned themselves to its eventual outcome. This chapter suggests that it was the confidence in West-inspired political or social change and the faith in the instrumentality of the British government in India that helped men to finally turn away from recourse to traditional modes of change. It also discusses the history of marriage reform in India and the Rukmabai case in Bombay in 1887.
Anne C. Dailey
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780300188837
- eISBN:
- 9780300190083
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300188837.003.0008
- Subject:
- Law, Criminal Law and Criminology
The right of sexual autonomy occupies a central place in our constitutional scheme of individual liberties. Consensual sexual relations, including fornication, adultery, and sodomy, now presumptively ...
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The right of sexual autonomy occupies a central place in our constitutional scheme of individual liberties. Consensual sexual relations, including fornication, adultery, and sodomy, now presumptively lie beyond the reach of law’s regulatory power. But as this chapter shows, there is one long-standing law banning consensual sexual relations that remains solidly on the books in every state: the prohibition on adult incest. The subject of adult incest opens the door to a psychoanalytic perspective on the right of sexual autonomy and the modern laws regulating sexual choice. The chapter explores how powerful unconscious forces deriving from the parties’ close familial relationship render the “choice” to have sex a potentially tragic illusion. Similar kinds of unconscious coercion can happen in other contexts as well. For example, the therapist-patient relationship also involves forms of unconscious coercion not known to the parties themselves, and deserving of some regulation. Understanding in close detail the unconscious dynamics in adult incest and the therapist-patient relationship can illuminate less obvious forms of sexual coercion in more common types of professional relationships. A psychoanalytic perspective has a crucial role to play in defining the range and meaning of sexual autonomy as a fundamental right in our constitutional culture.Less
The right of sexual autonomy occupies a central place in our constitutional scheme of individual liberties. Consensual sexual relations, including fornication, adultery, and sodomy, now presumptively lie beyond the reach of law’s regulatory power. But as this chapter shows, there is one long-standing law banning consensual sexual relations that remains solidly on the books in every state: the prohibition on adult incest. The subject of adult incest opens the door to a psychoanalytic perspective on the right of sexual autonomy and the modern laws regulating sexual choice. The chapter explores how powerful unconscious forces deriving from the parties’ close familial relationship render the “choice” to have sex a potentially tragic illusion. Similar kinds of unconscious coercion can happen in other contexts as well. For example, the therapist-patient relationship also involves forms of unconscious coercion not known to the parties themselves, and deserving of some regulation. Understanding in close detail the unconscious dynamics in adult incest and the therapist-patient relationship can illuminate less obvious forms of sexual coercion in more common types of professional relationships. A psychoanalytic perspective has a crucial role to play in defining the range and meaning of sexual autonomy as a fundamental right in our constitutional culture.
Amanda Slevin
- Published in print:
- 2015
- Published Online:
- January 2017
- ISBN:
- 9781784992743
- eISBN:
- 9781526115355
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784992743.003.0010
- Subject:
- Sociology, Economic Sociology
In the preceding chapter, Gramsci's analysis of hegemony and the state provided further insights into the Irish state's management of its gas and oil in terms of: the taken-for-granted consent ...
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In the preceding chapter, Gramsci's analysis of hegemony and the state provided further insights into the Irish state's management of its gas and oil in terms of: the taken-for-granted consent citizens hold for the particular form of social, economic and political organisation of Irish society; the acceptance of prevailing ideas which serve to benefit corporate interests above society's; and the role of strands of the media in portraying the Corrib gas project as ‘essential’ for Ireland, hence building public consent/acceptance of the development. The case of Corrib gas project vividly illuminates the relevance of these concepts for understanding how the Irish state functions and manages its hydrocarbons and this chapter examines issues of consent and coercion in relation to the Corrib gas project, uncovering some of the consequences of the conflict. Scrutinising the use of state and private actor coercion in tandem with efforts at consent formation, the chapter expounds the real-life impacts of the state's approach through primary data gathered from those most affected by the Corrib gas project. In doing so, the chapter illustrates how the phenomenon of Irish state hydrocarbon management has macro, meso and micro level impacts, is shaped instantaneously by global, national and local forces, and bears all the hallmarks and contradictions of a state functioning within neoliberal capitalism.Less
In the preceding chapter, Gramsci's analysis of hegemony and the state provided further insights into the Irish state's management of its gas and oil in terms of: the taken-for-granted consent citizens hold for the particular form of social, economic and political organisation of Irish society; the acceptance of prevailing ideas which serve to benefit corporate interests above society's; and the role of strands of the media in portraying the Corrib gas project as ‘essential’ for Ireland, hence building public consent/acceptance of the development. The case of Corrib gas project vividly illuminates the relevance of these concepts for understanding how the Irish state functions and manages its hydrocarbons and this chapter examines issues of consent and coercion in relation to the Corrib gas project, uncovering some of the consequences of the conflict. Scrutinising the use of state and private actor coercion in tandem with efforts at consent formation, the chapter expounds the real-life impacts of the state's approach through primary data gathered from those most affected by the Corrib gas project. In doing so, the chapter illustrates how the phenomenon of Irish state hydrocarbon management has macro, meso and micro level impacts, is shaped instantaneously by global, national and local forces, and bears all the hallmarks and contradictions of a state functioning within neoliberal capitalism.
Alex Mold
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780719095313
- eISBN:
- 9781781708606
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719095313.003.0002
- Subject:
- Sociology, Comparative and Historical Sociology
This chapter explores the ways in which patient organisations began to re-position the patient through emerging notions of health consumerism and patient autonomy in Britain. It does so by focusing ...
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This chapter explores the ways in which patient organisations began to re-position the patient through emerging notions of health consumerism and patient autonomy in Britain. It does so by focusing on four areas. Firstly, it considers the place of autonomy within concepts of bioethics and consumerism as they developed during the 1960s and 1970s. Secondly, the chapter attempts to uncover what patients themselves thought of health care in this period. Thirdly, the chapter examines the work of the National Association for the Welfare of Children in Hospital (NAWCH) and their attempts to get hospitals to permit the unrestricted visiting of children in hospital. Finally, the chapter studies the activities of the Patients Association (PA) and their campaign to establish a right for patients to consent to participate in the teaching of medical students.Less
This chapter explores the ways in which patient organisations began to re-position the patient through emerging notions of health consumerism and patient autonomy in Britain. It does so by focusing on four areas. Firstly, it considers the place of autonomy within concepts of bioethics and consumerism as they developed during the 1960s and 1970s. Secondly, the chapter attempts to uncover what patients themselves thought of health care in this period. Thirdly, the chapter examines the work of the National Association for the Welfare of Children in Hospital (NAWCH) and their attempts to get hospitals to permit the unrestricted visiting of children in hospital. Finally, the chapter studies the activities of the Patients Association (PA) and their campaign to establish a right for patients to consent to participate in the teaching of medical students.
Amy L. Davis and Elisa A. Hurley
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780262027465
- eISBN:
- 9780262320825
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262027465.003.0002
- Subject:
- Biology, Bioethics
This chapter provides a summary of the major regulatory changes to the Common Rule proposed in the June 2011 Advance Notice of Proposed Rulemaking (ANPRM), places those changes in historical context, ...
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This chapter provides a summary of the major regulatory changes to the Common Rule proposed in the June 2011 Advance Notice of Proposed Rulemaking (ANPRM), places those changes in historical context, and critically examines two proposed changes. The chapter begins with a review of the milieu in which human subjects protections regulations were developed 40 years ago and of the ANPRM’s objective to create a research oversight system better adapted to twenty-first century research. In the second, critical portion of the chapter, the authors argue that the ANPRM’s proposals regarding informed consent do not go far enough to shift focus from protecting institutions to educating potential research subjects, and propose an alternative approach to designing informed consent materials. The authors also argue that, with respect to data security, the ANPRM’s proposal to incorporate HIPAA standards to enhance privacy protections in the context of research is flawed in that it focuses on the distribution of private information, rather than its collection.Less
This chapter provides a summary of the major regulatory changes to the Common Rule proposed in the June 2011 Advance Notice of Proposed Rulemaking (ANPRM), places those changes in historical context, and critically examines two proposed changes. The chapter begins with a review of the milieu in which human subjects protections regulations were developed 40 years ago and of the ANPRM’s objective to create a research oversight system better adapted to twenty-first century research. In the second, critical portion of the chapter, the authors argue that the ANPRM’s proposals regarding informed consent do not go far enough to shift focus from protecting institutions to educating potential research subjects, and propose an alternative approach to designing informed consent materials. The authors also argue that, with respect to data security, the ANPRM’s proposal to incorporate HIPAA standards to enhance privacy protections in the context of research is flawed in that it focuses on the distribution of private information, rather than its collection.
Karl Widerquist and Grant S. McCall
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780748678662
- eISBN:
- 9781474430968
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748678662.003.0003
- Subject:
- Philosophy, Political Philosophy
This chapter introduces the role of “the Hobbesian hypothesis” in social contract theory by discussing how Thomas Hobbes introduced it. It defines the version of “the Lockean proviso” relevant to ...
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This chapter introduces the role of “the Hobbesian hypothesis” in social contract theory by discussing how Thomas Hobbes introduced it. It defines the version of “the Lockean proviso” relevant to social contract theory as the following moral standard: for a state to be justified virtually everyone must be better off under the state than they could reasonably expect to be in any stateless environment. The chapter defines the contractarian version of “the Hobbesian hypothesis” as the empirical claim that the Lockean proviso is fulfilled by the state: the state benefits everyone or at least everyone who prefers safety to a perilous environment devoid of security. The chapter argues that any plausible justification of existing states drawn from broadly Hobbesian or contractarian principles relies on this hypothesis as an empirical premise comparing the welfare of disadvantaged people in state society and people in stateless societies.Less
This chapter introduces the role of “the Hobbesian hypothesis” in social contract theory by discussing how Thomas Hobbes introduced it. It defines the version of “the Lockean proviso” relevant to social contract theory as the following moral standard: for a state to be justified virtually everyone must be better off under the state than they could reasonably expect to be in any stateless environment. The chapter defines the contractarian version of “the Hobbesian hypothesis” as the empirical claim that the Lockean proviso is fulfilled by the state: the state benefits everyone or at least everyone who prefers safety to a perilous environment devoid of security. The chapter argues that any plausible justification of existing states drawn from broadly Hobbesian or contractarian principles relies on this hypothesis as an empirical premise comparing the welfare of disadvantaged people in state society and people in stateless societies.
Karl Widerquist and Grant S. McCall
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780748678662
- eISBN:
- 9781474430968
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748678662.003.0007
- Subject:
- Philosophy, Political Philosophy
This chapter argues that “the Hobbesian hypothesis” (the claim that the Lockean proviso is fulfilled: everyone is better off in a state society with a private property system than they could ...
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This chapter argues that “the Hobbesian hypothesis” (the claim that the Lockean proviso is fulfilled: everyone is better off in a state society with a private property system than they could reasonably expect to be in any society without either of those institutions) plays a large role in contemporary justifications of the state and/or the property rights system. The search turns up few attempts to justify existing states or property rights systems without some version of the hypothesis. Theorists asserting it as an obvious truth in need of little or no supporting evidence include David Gauthier, Jean Hampton, James Buchanan, Gregory S. Kavka, George Klosko, Dudley Knowles, Christopher Heath Wellman, Robert Nozick, Jan Narveson, and many others. Critics include Alan Ryan, Carole Pateman, Charles Mills, Patricia Williams, and others. Yet all this disagreement has produce very little debate or interest in an empirical investigation of the hypothesis.Less
This chapter argues that “the Hobbesian hypothesis” (the claim that the Lockean proviso is fulfilled: everyone is better off in a state society with a private property system than they could reasonably expect to be in any society without either of those institutions) plays a large role in contemporary justifications of the state and/or the property rights system. The search turns up few attempts to justify existing states or property rights systems without some version of the hypothesis. Theorists asserting it as an obvious truth in need of little or no supporting evidence include David Gauthier, Jean Hampton, James Buchanan, Gregory S. Kavka, George Klosko, Dudley Knowles, Christopher Heath Wellman, Robert Nozick, Jan Narveson, and many others. Critics include Alan Ryan, Carole Pateman, Charles Mills, Patricia Williams, and others. Yet all this disagreement has produce very little debate or interest in an empirical investigation of the hypothesis.
Barbara J. Evans
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780262027465
- eISBN:
- 9780262320825
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262027465.003.0022
- Subject:
- Biology, Bioethics
This chapter discusses informational (observational) studies that use pre-existing data or biospecimens. It summarizes existing regulatory pathways for gaining research or public health access to ...
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This chapter discusses informational (observational) studies that use pre-existing data or biospecimens. It summarizes existing regulatory pathways for gaining research or public health access to data and specimens under the Common Rule and HIPAA Privacy Rule and explores their defects. Non-consensual (unconsented) access to identifiable data and specimens is occasionally necessary to support socially beneficial public health and research studies where consent is impracticable or would introduce unacceptable biases into the study finding. The existing Common Rule waiver provisions, which allow IRBs to approve nonconsensual access, fail to meet the needs of modern informational research while also failing to provide adequate protection to people whose data and specimens are used. The recent ANPRM neglected this problem, and this chapter identifies needed substantive reforms and examines the appropriate processes and procedures for modernizing the Common Rule’s waiver provisions.Less
This chapter discusses informational (observational) studies that use pre-existing data or biospecimens. It summarizes existing regulatory pathways for gaining research or public health access to data and specimens under the Common Rule and HIPAA Privacy Rule and explores their defects. Non-consensual (unconsented) access to identifiable data and specimens is occasionally necessary to support socially beneficial public health and research studies where consent is impracticable or would introduce unacceptable biases into the study finding. The existing Common Rule waiver provisions, which allow IRBs to approve nonconsensual access, fail to meet the needs of modern informational research while also failing to provide adequate protection to people whose data and specimens are used. The recent ANPRM neglected this problem, and this chapter identifies needed substantive reforms and examines the appropriate processes and procedures for modernizing the Common Rule’s waiver provisions.
Heidi Li Feldman
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780262027465
- eISBN:
- 9780262320825
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262027465.003.0025
- Subject:
- Biology, Bioethics
The basic tenet that guides, and should guide, research on human subjects is the preservation of the autonomy of the subject. Meaningful informed consent operationalizes this tenet, which should ...
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The basic tenet that guides, and should guide, research on human subjects is the preservation of the autonomy of the subject. Meaningful informed consent operationalizes this tenet, which should obtain whatever the field of research or the tangibility or intangibility of risks to subjects. Insofar as this reflects a “medical model” of human subjects research regulation, this chapter argues the “medical model” is correct.Less
The basic tenet that guides, and should guide, research on human subjects is the preservation of the autonomy of the subject. Meaningful informed consent operationalizes this tenet, which should obtain whatever the field of research or the tangibility or intangibility of risks to subjects. Insofar as this reflects a “medical model” of human subjects research regulation, this chapter argues the “medical model” is correct.
George Szmukler
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780262019682
- eISBN:
- 9780262317245
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262019682.003.0008
- Subject:
- Biology, Bioethics
Whether treatment decision-making capacity can be meaningfully applied to patients with a diagnosis of “personality disorder” is examined. Patients presenting to a psychiatric emergency clinic with ...
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Whether treatment decision-making capacity can be meaningfully applied to patients with a diagnosis of “personality disorder” is examined. Patients presenting to a psychiatric emergency clinic with threats of self-harm are considered, two having been assessed and reviewed in detail. It was found that capacity can be meaningfully assessed in such patients, although the process is more complex than in patients with diagnoses of a more conventional kind. The process of assessing capacity in such patients is very time-consuming and may become, in itself, a therapeutic intervention.Less
Whether treatment decision-making capacity can be meaningfully applied to patients with a diagnosis of “personality disorder” is examined. Patients presenting to a psychiatric emergency clinic with threats of self-harm are considered, two having been assessed and reviewed in detail. It was found that capacity can be meaningfully assessed in such patients, although the process is more complex than in patients with diagnoses of a more conventional kind. The process of assessing capacity in such patients is very time-consuming and may become, in itself, a therapeutic intervention.
Jarlath Killeen
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780748690800
- eISBN:
- 9780748697120
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748690800.003.0004
- Subject:
- Literature, European Literature
This chapter will build on the argument of the previous one concerning the use of allegory in eighteenth-century Irish writing, and examine that curious (and curiously neglected) novel, The ...
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This chapter will build on the argument of the previous one concerning the use of allegory in eighteenth-century Irish writing, and examine that curious (and curiously neglected) novel, The Adventures of Miss Sophia Berkley, usually now (incorrectly) accepted as the ‘first’ Gothic novel written and published in Ireland. The novel was published in 1760, just months after a major anti-union riot had taken place in Dublin, and in the context of a major pamphlet war debating the merits of patriotism in Irish politics. Although no one has ever interpreted the novel in terms of the politics of the 1750s, this chapter will argue that it is only be re-placing it in the print culture of patriot Dublin that we can begin to understand why a specifically ‘Gothic’ fiction emerged at precisely this moment in Ireland’s history. The novel is particularly obsessed with questions of marriage and consent, and these were the terms in which the debate about a potential union of Great Britain and Ireland was being conducted at the time of publication.Less
This chapter will build on the argument of the previous one concerning the use of allegory in eighteenth-century Irish writing, and examine that curious (and curiously neglected) novel, The Adventures of Miss Sophia Berkley, usually now (incorrectly) accepted as the ‘first’ Gothic novel written and published in Ireland. The novel was published in 1760, just months after a major anti-union riot had taken place in Dublin, and in the context of a major pamphlet war debating the merits of patriotism in Irish politics. Although no one has ever interpreted the novel in terms of the politics of the 1750s, this chapter will argue that it is only be re-placing it in the print culture of patriot Dublin that we can begin to understand why a specifically ‘Gothic’ fiction emerged at precisely this moment in Ireland’s history. The novel is particularly obsessed with questions of marriage and consent, and these were the terms in which the debate about a potential union of Great Britain and Ireland was being conducted at the time of publication.
John Danaher
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780262036689
- eISBN:
- 9780262341981
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262036689.003.0007
- Subject:
- Philosophy, Moral Philosophy
This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our ...
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This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots could symbolically represent a troubling attitude toward women (and maybe children) and the norms of interpersonal sexual relationships, the troubling symbolism is going to be removable in many instances and reformable in others. What will ultimately matter are the consequences of the symbolism but these consequences are likely to be difficult to ascertain. This may warrant an explicitly experimental approach to the development of this technology.Less
This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots could symbolically represent a troubling attitude toward women (and maybe children) and the norms of interpersonal sexual relationships, the troubling symbolism is going to be removable in many instances and reformable in others. What will ultimately matter are the consequences of the symbolism but these consequences are likely to be difficult to ascertain. This may warrant an explicitly experimental approach to the development of this technology.
