Search Results

Direct-to-Consumer Genetic Testing and Regulating Disruptive Technology

Andelka M Phillips

in Buying your Self on the Internet: Wrap Contracts and Personal Genomics

How many contracts have you read today? This chapter provides an introduction to the work. It sets out the aims of the book and seeks to highlight the reality of contracting online that we all face, ... More

How many contracts have you read today? This chapter provides an introduction to the work. It sets out the aims of the book and seeks to highlight the reality of contracting online that we all face, ie. the volume of contracts we encounter and our tendency not to read them, mentioning a number of examples of problematic clauses being inserted into contracts, such as GameStation’s Immortal Soul clause. It provides brief guidance for readers from different disciplines, directing them to particular chapters. It also provides an overview of the sources of law that could be applicable to the industry in the UK and EU.Less

If they can consent, why can’t they refuse?

Tom Walker

in Ethical and Legal Debates In Irish Healthcare: Confronting complexities

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 ... More

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

July 2003: Arranged Marriages, Forced Marriages and Consent to Sham Marriages

Kenneth McK Norrie

in Professor Norrie's Commentaries on 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 ... More

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

April 2007: Bring Them Home

Kenneth McK Norrie

in Professor Norrie's Commentaries on 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 ... More

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

Conclusion

Daniel H. Levine

in The Morality of Peacekeeping

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.

The Authentic Consent Model—Justifying the Collective Liquidation Regime

RIZWAAN JAMEEL MOKAL

in Corporate Insolvency Law: Theory and Application

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 ... More

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

Introduction

Amiya P. Sen

in Hindu Revivalism in Bengal c.1872-1905: Some Essays in Interpretation

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 ... More

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

The Hour of Reckoning: Orthodox Hinduism and the Age of Consent Bill Controversy in Bengal (c. 1890–1892)

Amiya P. Sen

in Hindu Revivalism in Bengal c.1872-1905: Some Essays in Interpretation

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 ... More

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

An Ethic of Care

Rachael Kiddey

in Homeless Heritage: Collaborative Social Archaeology as Therapeutic Practice

The night that Tia gave birth to baby Tyrone, I went home to my flat, locked the door and sank into the bath. Thoughts raced around my head as I topped up the hot ... More

The night that Tia gave birth to baby Tyrone, I went home to my flat, locked the door and sank into the bath. Thoughts raced around my head as I topped up the hot water several times, turning the tap on and off with my toes. I didn’t want to get out of the bath because I didn’t know what to do next. I’d seen a fair bit of contemporary homelessness by that point and found it to be unjust, understudied, characterized by gallows humour and ugly, in equal measure. Tyrone’s croaky voice rang in my ears. ‘She had to score, Marmite! She don’t want to go back.’ As I lay in the bath, I felt exhausted. I couldn’t decide whether to wimp out entirely, go to my old boss at the BBC and grovel for my job back, or stick with it, make contemporary homelessness the subject of a PhD and embark on serious fieldwork and doctoral study. I still couldn’t decide the next morning so, after walking the dogs at dawn, I went straight back to bed where I spent the entire day reading P. G. Wodehouse and eating toast. It was John Schofield, later my doctoral supervisor, who eventually persuaded me to make contemporary homelessness the subject of a PhD. When you write a postgraduate research proposal it is important that your research question is clearly articulated. The research context should be cogent and the theoretical novelty of the proposed research should be robust and convincing. A central element of the proposal should be a clear indication that you have thought carefully about any ethical implications that might arise from research and taken measures to address these. I duly wrote a research proposal in which I addressed these points and explained that I had fully considered the ethical implications of working with vulnerable homeless adults (and all homeless people are vulnerable by dint of the fact that they have nowhere safe to call home). Less

Coercion and Privatization

Jessica Flanigan

in Privatization: NOMOS LX

This chapter defends a moral presumption against the governmental provision of services. This non-instrumentalist defense of privatization contrasts with non-instrumentalist defenses of the ... More

This chapter defends a moral presumption against the governmental provision of services. This non-instrumentalist defense of privatization contrasts with non-instrumentalist defenses of the governmental provision of services and instrumentalist arguments in favor of governmental or private provision of service. The author argues that non-instrumental normative considerations favor privatization because people cannot consent to the governmental provision of services and all else equal it is morally better if people consent to provide and receive services. Furthermore, without citizens’ consent, governments do not have the authority to tax citizens in order to provide services. And in most circumstances, citizens do not have enforceable duties to provide public goods to their compatriots so it is wrong for public officials to coerce them to do so..Less

Autonomy

Alex Mold

in Making the patient-consumer: Patient organisations and health consumerism in Britain

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 ... More

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

Setting the Stage: The Past and Present of Human Subjects Research Regulations

Amy L. Davis and Elisa A. Hurley

in Human Subjects Research Regulation: Perspectives on the Future

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, ... More

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

In Search of Sound Policy on Nonconsensual Uses of Identifiable Health Data

Barbara J. Evans

in Human Subjects Research Regulation: Perspectives on the Future

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 ... More

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

What's Right about the “Medical Model” in Human Subjects Research Regulation

Heidi Li Feldman

in Human Subjects Research Regulation: Perspectives on the Future

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 ... More

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

“Personality Disorder” and Capacity to Make Treatment Decisions

George Szmukler

in Applied Ethics in Mental Health Care: An Interdisciplinary Reader

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 ... More

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

Sexual Choice

Anne C. Dailey

in Law and the Unconscious: A Psychoanalytic Perspective

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 ... More

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

Consent, coercion and consequences of the Corrib gas conflict

Amanda Slevin

in Gas, Oil and the Irish State: Understanding the Dynamics and Conflicts of Hydrocarbon Management

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 ... More

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

Consent

Daniel H. Levine

in The Morality of Peacekeeping

The concept of consent, part of the traditional “holy trinity” is analysed. This chapter argues that consent is best understood not as a one-time agreement, but as an ongoing process (in line with ... More

The concept of consent, part of the traditional “holy trinity” is analysed. This chapter argues that consent is best understood not as a one-time agreement, but as an ongoing process (in line with much contemporary thought). Approaches to consent that focus on an agreement by the host nation government are morally dangerous, as peacekeepers operate where institutions are not in place to allow any formal government to embody the desires or interests of the political community as a whole.Less