Bernard Gert, Charles M. Culver, and K. Danner Clouser
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195159066
- eISBN:
- 9780199786466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195159063.003.0012
- Subject:
- Philosophy, Moral Philosophy
This chapter discusses why euthanasia presents a moral dilemma for physicians. It shows that trying to distinguish between active and passive euthanasia in any of the following four ways: (1) acts ...
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This chapter discusses why euthanasia presents a moral dilemma for physicians. It shows that trying to distinguish between active and passive euthanasia in any of the following four ways: (1) acts versus omissions, (2) withholding versus withdrawing, (3) ordinary care versus extraordinary care, or (4) whether death is due to natural causes, does not work. It then shows that using the distinction between patient requests and patient refusals does provide an adequate way to make this distinction. It provides an analysis of killing and discusses the Supreme Court decision concerning assisted suicide.Less
This chapter discusses why euthanasia presents a moral dilemma for physicians. It shows that trying to distinguish between active and passive euthanasia in any of the following four ways: (1) acts versus omissions, (2) withholding versus withdrawing, (3) ordinary care versus extraordinary care, or (4) whether death is due to natural causes, does not work. It then shows that using the distinction between patient requests and patient refusals does provide an adequate way to make this distinction. It provides an analysis of killing and discusses the Supreme Court decision concerning assisted suicide.
L. W. Sumner
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199607983
- eISBN:
- 9780191729652
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199607983.001.0001
- Subject:
- Philosophy, Moral Philosophy
Ethical and legal issues concerning assisted suicide and euthanasia are very much on the public agenda in many jurisdictions. This book addresses these issues within the wider context of palliative ...
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Ethical and legal issues concerning assisted suicide and euthanasia are very much on the public agenda in many jurisdictions. This book addresses these issues within the wider context of palliative care for patients in the dying process. Its ethical conclusion is that a bright line between assisted death and other widely accepted end‐of‐life practices, including the withdrawal of life‐sustaining treatment, pain control through high‐dose opioids, and terminal sedation, cannot be justified. In the course of the ethical argument many familiar themes are given careful and thorough treatment: conceptions of death, the badness of death, informed consent and refusal, suicide, cause of death, the double effect, the sanctity of life, the ‘active/passive’ distinction, advance directives, and non‐voluntary euthanasia. The legal discussion opens with a survey of some prominent prohibitionist and regulatory regimes and then outlines a model regulatory policy for assisted death. The book concludes by defending this policy against a wide range of common objections, including those which appeal to slippery slopes or the possibility of abuse, and by asking how the transition to a regulatory regime might be managed in three common law prohibitionist jurisdictions.Less
Ethical and legal issues concerning assisted suicide and euthanasia are very much on the public agenda in many jurisdictions. This book addresses these issues within the wider context of palliative care for patients in the dying process. Its ethical conclusion is that a bright line between assisted death and other widely accepted end‐of‐life practices, including the withdrawal of life‐sustaining treatment, pain control through high‐dose opioids, and terminal sedation, cannot be justified. In the course of the ethical argument many familiar themes are given careful and thorough treatment: conceptions of death, the badness of death, informed consent and refusal, suicide, cause of death, the double effect, the sanctity of life, the ‘active/passive’ distinction, advance directives, and non‐voluntary euthanasia. The legal discussion opens with a survey of some prominent prohibitionist and regulatory regimes and then outlines a model regulatory policy for assisted death. The book concludes by defending this policy against a wide range of common objections, including those which appeal to slippery slopes or the possibility of abuse, and by asking how the transition to a regulatory regime might be managed in three common law prohibitionist jurisdictions.
Roshanak Kheshti
- Published in print:
- 2000
- Published Online:
- May 2016
- ISBN:
- 9781479867011
- eISBN:
- 9781479861125
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479867011.003.0007
- Subject:
- Society and Culture, Cultural Studies
The concluding chapter offers an alternate and parallel history of listening to the other in modernity through an examination of recordings made of and by Zora Neale Hurston in various recording ...
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The concluding chapter offers an alternate and parallel history of listening to the other in modernity through an examination of recordings made of and by Zora Neale Hurston in various recording expeditions between 1935 and 1939. This contrapuntal Epilogue focuses on recordings that offer an alternative listening relation to the one chronicled in the other five chapters, one that is as firmly rooted within modernity but refuses the social structuration and symbolic formations mapped in the WMCI. This concluding chapter presents a different origin story of recording than the one chronicled in the book, offering the starting point for a liberationist genealogy that the book wishes for.Less
The concluding chapter offers an alternate and parallel history of listening to the other in modernity through an examination of recordings made of and by Zora Neale Hurston in various recording expeditions between 1935 and 1939. This contrapuntal Epilogue focuses on recordings that offer an alternative listening relation to the one chronicled in the other five chapters, one that is as firmly rooted within modernity but refuses the social structuration and symbolic formations mapped in the WMCI. This concluding chapter presents a different origin story of recording than the one chronicled in the book, offering the starting point for a liberationist genealogy that the book wishes for.
Jon Hall
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195329063
- eISBN:
- 9780199870233
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329063.003.0004
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines three types of face-threatening act that regularly occur in the social interaction and correspondence of Roman aristocrats: making requests, issuing refusals, and offering ...
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This chapter examines three types of face-threatening act that regularly occur in the social interaction and correspondence of Roman aristocrats: making requests, issuing refusals, and offering advice. As the discussion shows, various conventionalized expressions of redressive politeness arose in Roman epistolary manners in order to ease the social tension often caused by these situations. Typical strategies used when making a request include acknowledging explicitly the imposition upon the addressee and offering a ready-made “out” (a valid reason for refusing). Conversely, when issuing a refusal, a Roman patron would often be careful to give reasons for his decision and to show that the refusal was not an easy one to make. Finally, when offering advice (especially to powerful peers), the Roman aristocrat frequently took pains to stress that such suggestions should not be taken to imply a certain ignorance on the part of the addressee. The extent to which this strategy prevailed shows again the Roman grandee's concern with personal status and dignitas. This latter topic is analyzed with reference in particular to the letters of Pompey and Decimus Brutus, and to the conventionalized use of the Latin phrase ut facis.Less
This chapter examines three types of face-threatening act that regularly occur in the social interaction and correspondence of Roman aristocrats: making requests, issuing refusals, and offering advice. As the discussion shows, various conventionalized expressions of redressive politeness arose in Roman epistolary manners in order to ease the social tension often caused by these situations. Typical strategies used when making a request include acknowledging explicitly the imposition upon the addressee and offering a ready-made “out” (a valid reason for refusing). Conversely, when issuing a refusal, a Roman patron would often be careful to give reasons for his decision and to show that the refusal was not an easy one to make. Finally, when offering advice (especially to powerful peers), the Roman aristocrat frequently took pains to stress that such suggestions should not be taken to imply a certain ignorance on the part of the addressee. The extent to which this strategy prevailed shows again the Roman grandee's concern with personal status and dignitas. This latter topic is analyzed with reference in particular to the letters of Pompey and Decimus Brutus, and to the conventionalized use of the Latin phrase ut facis.
Jane Anna Gordon and Cyrus Ernesto Zirakzadeh (eds)
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780813175164
- eISBN:
- 9780813175195
- Item type:
- book
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813175164.001.0001
- Subject:
- Political Science, American Politics
Richard Wright left readers with a trove of fictional and nonfictional works about suffering, abuse, and anger in the United States and around the globe. He composed unforgettable images of ...
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Richard Wright left readers with a trove of fictional and nonfictional works about suffering, abuse, and anger in the United States and around the globe. He composed unforgettable images of institutionalized racism, postwar capitalist culture, Cold War neo-imperialism, gender roles and their violent consequences, and the economic and psychological preconditions for personal freedom. He insisted that humans unflinchingly confront and responsibly reconstruct their worlds. He therefore offered not only honest social criticisms but unromantic explorations of political options. The book is organized in five sections. It opens with a series of broad discussions about the content, style, and impact of Wright’s social criticism. Then the book shifts to particular dimensions of and topics in Wright’s writings, such as his interest in postcolonial politics, his approach to gendered forms of oppression, and his creative use of different literary genres to convey his warnings. The anthology closes with discussions of the different political agendas and courses of action that Wright’s thinking prompts—in particular, how his distinctive understanding of psychological life and death fosters opposition to neoslavery, efforts at social connectivity, and experiments in communal refusal. Most of the book’s chapters are original pieces written for this volume. Other entries are excerpts from influential, earlier published works, including four difficult-to-locate writings by Wright on labor solidarity, a miscarriage of justice, the cultural significance Joe Louis, and the political duties of black authors. The contributors include experts in Africana studies, history, literature, philosophy, political science, and psychoanalysis.Less
Richard Wright left readers with a trove of fictional and nonfictional works about suffering, abuse, and anger in the United States and around the globe. He composed unforgettable images of institutionalized racism, postwar capitalist culture, Cold War neo-imperialism, gender roles and their violent consequences, and the economic and psychological preconditions for personal freedom. He insisted that humans unflinchingly confront and responsibly reconstruct their worlds. He therefore offered not only honest social criticisms but unromantic explorations of political options. The book is organized in five sections. It opens with a series of broad discussions about the content, style, and impact of Wright’s social criticism. Then the book shifts to particular dimensions of and topics in Wright’s writings, such as his interest in postcolonial politics, his approach to gendered forms of oppression, and his creative use of different literary genres to convey his warnings. The anthology closes with discussions of the different political agendas and courses of action that Wright’s thinking prompts—in particular, how his distinctive understanding of psychological life and death fosters opposition to neoslavery, efforts at social connectivity, and experiments in communal refusal. Most of the book’s chapters are original pieces written for this volume. Other entries are excerpts from influential, earlier published works, including four difficult-to-locate writings by Wright on labor solidarity, a miscarriage of justice, the cultural significance Joe Louis, and the political duties of black authors. The contributors include experts in Africana studies, history, literature, philosophy, political science, and psychoanalysis.
Michael A. Carrier
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195342581
- eISBN:
- 9780199867035
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342581.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the underpinnings of the mutual distrust between intellectual property (IP) and antitrust and the various stages of their relationship. It begins by discussing the conflict ...
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This chapter explores the underpinnings of the mutual distrust between intellectual property (IP) and antitrust and the various stages of their relationship. It begins by discussing the conflict between IP and antitrust. It then traces the three stages of the intersection in the 20th century, in which courts first refused to impose liability for patent-based activity, then limited patentees' power, then moved toward a predominant IP. The chapter concludes by examining important agency guidelines and courts' analyses of refusals to license.Less
This chapter explores the underpinnings of the mutual distrust between intellectual property (IP) and antitrust and the various stages of their relationship. It begins by discussing the conflict between IP and antitrust. It then traces the three stages of the intersection in the 20th century, in which courts first refused to impose liability for patent-based activity, then limited patentees' power, then moved toward a predominant IP. The chapter concludes by examining important agency guidelines and courts' analyses of refusals to license.
Thomas E. Hill Jr.
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199692002
- eISBN:
- 9780191741241
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692002.003.0013
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
Kant’s denial of a right to revolution is famous, but he was an ardent supporter of the spirit of the French revolution. He acknowledged cases of conscientious refusal and passive resistance, and ...
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Kant’s denial of a right to revolution is famous, but he was an ardent supporter of the spirit of the French revolution. He acknowledged cases of conscientious refusal and passive resistance, and unlike Hobbes, thought standards of justice apply to rulers; but he argued against any right to overthrow a bad legal system governed by a tyrant. In a spirit critical of Kant but trying to understand his underlying thoughts, this chapter takes up these questions: How could Kant consistently express enthusiasm for the French Revolution while denying a right to revolution? Does Kant have adequate arguments against a legal right to rebel against a tyrant? Do his arguments support his view that overthrowing the supreme legal authority is always morally wrong? Do the reasons implicit in his formulations of the Categorical Imperative, which ground his endorsement of passive resistance, justify revolution in certain conditions, despite what he himself concluded?Less
Kant’s denial of a right to revolution is famous, but he was an ardent supporter of the spirit of the French revolution. He acknowledged cases of conscientious refusal and passive resistance, and unlike Hobbes, thought standards of justice apply to rulers; but he argued against any right to overthrow a bad legal system governed by a tyrant. In a spirit critical of Kant but trying to understand his underlying thoughts, this chapter takes up these questions: How could Kant consistently express enthusiasm for the French Revolution while denying a right to revolution? Does Kant have adequate arguments against a legal right to rebel against a tyrant? Do his arguments support his view that overthrowing the supreme legal authority is always morally wrong? Do the reasons implicit in his formulations of the Categorical Imperative, which ground his endorsement of passive resistance, justify revolution in certain conditions, despite what he himself concluded?
Terry Williams
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9780231177900
- eISBN:
- 9780231542500
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231177900.001.0001
- Subject:
- Psychology, Social Psychology
"Picturing myself dying in a way I choose myself seems so comforting, healing and heroic. I'd look at my wrists, watch the blood seeping, and be a spectator in my last act of self-determination. By ...
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"Picturing myself dying in a way I choose myself seems so comforting, healing and heroic. I'd look at my wrists, watch the blood seeping, and be a spectator in my last act of self-determination. By having lost all my self-respect it seems like the last pride I own, determining the time I die."-Kyra V., seventeen Reading the confessions of a teenager contemplating suicide is uncomfortable, but we must do so to understand why self-harm has become epidemic, especially in the United States. What drives teenagers to self-harm? What makes death so attractive, so liberating, and so inevitable for so many? In Teenage Suicide Notes, sociologist Terry Williams pores over the writings of a diverse group of troubled youths to better grasp the motivations behind teenage suicide and to humanize those at risk of taking their own lives. Williams evaluates young people in rural and urban contexts and across lines of race, class, gender, and sexual orientation. His approach, which combines sensitive portrayals with sociological analysis, adds a clarifying dimension to the fickle and often frustrating behavior of adolescents. Williams reads between the lines of his subjects' seemingly straightforward reflections on alienation, agency, euphoria, and loss, and investigates how this cocktail of emotions can lead to suicide—or not. Rather than treating these notes as exceptional examples of self-expression, Williams situates them at the center of teenage life, linking them to abuse, violence, depression, anxiety, religion, peer pressure, sexual identity, and family dynamics. He captures the currents that turn self-destruction into an act of self-determination and proposes more effective solutions to resolving the suicide crisis.Less
"Picturing myself dying in a way I choose myself seems so comforting, healing and heroic. I'd look at my wrists, watch the blood seeping, and be a spectator in my last act of self-determination. By having lost all my self-respect it seems like the last pride I own, determining the time I die."-Kyra V., seventeen Reading the confessions of a teenager contemplating suicide is uncomfortable, but we must do so to understand why self-harm has become epidemic, especially in the United States. What drives teenagers to self-harm? What makes death so attractive, so liberating, and so inevitable for so many? In Teenage Suicide Notes, sociologist Terry Williams pores over the writings of a diverse group of troubled youths to better grasp the motivations behind teenage suicide and to humanize those at risk of taking their own lives. Williams evaluates young people in rural and urban contexts and across lines of race, class, gender, and sexual orientation. His approach, which combines sensitive portrayals with sociological analysis, adds a clarifying dimension to the fickle and often frustrating behavior of adolescents. Williams reads between the lines of his subjects' seemingly straightforward reflections on alienation, agency, euphoria, and loss, and investigates how this cocktail of emotions can lead to suicide—or not. Rather than treating these notes as exceptional examples of self-expression, Williams situates them at the center of teenage life, linking them to abuse, violence, depression, anxiety, religion, peer pressure, sexual identity, and family dynamics. He captures the currents that turn self-destruction into an act of self-determination and proposes more effective solutions to resolving the suicide crisis.
Jennifer Radden (ed.)
- Published in print:
- 2004
- Published Online:
- January 2009
- ISBN:
- 9780195149531
- eISBN:
- 9780199870943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195149531.003.0015
- Subject:
- Philosophy, Philosophy of Mind
This chapter analyzes the definition of consent and its application in particular cases. No concept is more central to mental health law and bioethics than competence to consent. It is argued that a ...
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This chapter analyzes the definition of consent and its application in particular cases. No concept is more central to mental health law and bioethics than competence to consent. It is argued that a person is competent to make a particular medical decision if, and only if, she has the ability to make a rational decision of the particular kind involved.Less
This chapter analyzes the definition of consent and its application in particular cases. No concept is more central to mental health law and bioethics than competence to consent. It is argued that a person is competent to make a particular medical decision if, and only if, she has the ability to make a rational decision of the particular kind involved.
Roshanak Kheshti
- Published in print:
- 2000
- Published Online:
- May 2016
- ISBN:
- 9781479867011
- eISBN:
- 9781479861125
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479867011.003.0001
- Subject:
- Society and Culture, Cultural Studies
Listening is distinguished from hearing as a faculty of perception that is learned, and that is historically and culturally variable. But it is no mere faculty at Kinship Records (the book’s ...
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Listening is distinguished from hearing as a faculty of perception that is learned, and that is historically and culturally variable. But it is no mere faculty at Kinship Records (the book’s ethnographic field site); instead consumers are referred to as listeners, understood as subjects by way of their faculties of aural perception. By specifically addressing listeners’ ears and staging interactions with the aural other there, the ear is constructed as the site of agency production. I focus not only on listening but aurality because of the significance ascribed to the ear and on the biopolitical instrumentalization of listening as what Jonathan Sterne calls an “audile technique” promoted by the WMCI that has had material consequences with raced and gendered implications. In this chapter I ask: What is the history of the WMCI’s imaginary and fantasized ideal listener—that white woman between her late twenties and early forties—and how has an entire industry been structured around fantasizing about her fantasies? What you have before you is a critical examination of the WMCI and its racialized and gendered fantasies of sexuality in sound.Less
Listening is distinguished from hearing as a faculty of perception that is learned, and that is historically and culturally variable. But it is no mere faculty at Kinship Records (the book’s ethnographic field site); instead consumers are referred to as listeners, understood as subjects by way of their faculties of aural perception. By specifically addressing listeners’ ears and staging interactions with the aural other there, the ear is constructed as the site of agency production. I focus not only on listening but aurality because of the significance ascribed to the ear and on the biopolitical instrumentalization of listening as what Jonathan Sterne calls an “audile technique” promoted by the WMCI that has had material consequences with raced and gendered implications. In this chapter I ask: What is the history of the WMCI’s imaginary and fantasized ideal listener—that white woman between her late twenties and early forties—and how has an entire industry been structured around fantasizing about her fantasies? What you have before you is a critical examination of the WMCI and its racialized and gendered fantasies of sexuality in sound.
Jeff McMahan
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199548668
- eISBN:
- 9780191721045
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548668.003.0002
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Language
This chapter examines a variety of possible arguments for the orthodox view that those who fight in unjust wars have the same moral status as those who fight in just wars — that is, the same rights, ...
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This chapter examines a variety of possible arguments for the orthodox view that those who fight in unjust wars have the same moral status as those who fight in just wars — that is, the same rights, permissions, liabilities, and so on. For example, it explores these claims, among others: that all combatants consent to become legitimate targets of attack, that the permissibility of their fighting derives from their inability to obtain relevant knowledge about the justice of their war, that they have a duty to fight that derives from their institutional role, and that they are permitted to act because moral responsibility for their action transfers to their political leaders. It concludes that all these arguments fail and that soldiers may be morally required to refuse to fight in an unjust war and that legal institutions should be redesigned to accommodate this moral requirement.Less
This chapter examines a variety of possible arguments for the orthodox view that those who fight in unjust wars have the same moral status as those who fight in just wars — that is, the same rights, permissions, liabilities, and so on. For example, it explores these claims, among others: that all combatants consent to become legitimate targets of attack, that the permissibility of their fighting derives from their inability to obtain relevant knowledge about the justice of their war, that they have a duty to fight that derives from their institutional role, and that they are permitted to act because moral responsibility for their action transfers to their political leaders. It concludes that all these arguments fail and that soldiers may be morally required to refuse to fight in an unjust war and that legal institutions should be redesigned to accommodate this moral requirement.
Rae Langton
- Published in print:
- 2009
- Published Online:
- January 2011
- ISBN:
- 9780199247066
- eISBN:
- 9780191594823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199247066.003.0004
- Subject:
- Philosophy, Feminist Philosophy
Jacobson argues that free speech does not include freedom of illocution, that pornography does not in any case silence women. Just as well, or rape would not count as rape, since a silenced woman ...
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Jacobson argues that free speech does not include freedom of illocution, that pornography does not in any case silence women. Just as well, or rape would not count as rape, since a silenced woman would not have refused sex. Jacobson is mistaken. Free speech includes more than freedom to say meaningful words, as Mill saw. It includes freedom to perform communicative illocutions, enabled by reciprocity, a mutual capacity for uptake. A woman who has her refusal silenced is still raped, since she does not consent. And women do encounter the silence of illocutionary disablement, on an Austinian understanding of speech. His allegation of ‘confusion’ is no more than a rejection of the Austinian starting point.Less
Jacobson argues that free speech does not include freedom of illocution, that pornography does not in any case silence women. Just as well, or rape would not count as rape, since a silenced woman would not have refused sex. Jacobson is mistaken. Free speech includes more than freedom to say meaningful words, as Mill saw. It includes freedom to perform communicative illocutions, enabled by reciprocity, a mutual capacity for uptake. A woman who has her refusal silenced is still raped, since she does not consent. And women do encounter the silence of illocutionary disablement, on an Austinian understanding of speech. His allegation of ‘confusion’ is no more than a rejection of the Austinian starting point.
John Vickers
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566358
- eISBN:
- 9780191722790
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566358.003.0004
- Subject:
- Economics and Finance, Public and Welfare, International
This chapter offers an economic appraisal of selected aspects of EC law and policy towards abuse of dominance (Article 82). After a brief discussion of thresholds for dominance, five theories of ...
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This chapter offers an economic appraisal of selected aspects of EC law and policy towards abuse of dominance (Article 82). After a brief discussion of thresholds for dominance, five theories of exclusionary harm to competition are outlined concerning: predatory pricing, partial exclusion to exploit rivals, divide-and-rule exclusion, leverage of market power, and maintenance of market power. Issues arising in three EC cases on which judgment was given in 2007 are then discussed in the light of these theories: Wanadoo (predatory pricing), British Airways (discounts and rebates), and Microsoft (refusal to supply, tying and bundling). Implications and prospects for the development of better economics-grounded EC law and policy towards abuse of dominance are discussed in conclusion.Less
This chapter offers an economic appraisal of selected aspects of EC law and policy towards abuse of dominance (Article 82). After a brief discussion of thresholds for dominance, five theories of exclusionary harm to competition are outlined concerning: predatory pricing, partial exclusion to exploit rivals, divide-and-rule exclusion, leverage of market power, and maintenance of market power. Issues arising in three EC cases on which judgment was given in 2007 are then discussed in the light of these theories: Wanadoo (predatory pricing), British Airways (discounts and rebates), and Microsoft (refusal to supply, tying and bundling). Implications and prospects for the development of better economics-grounded EC law and policy towards abuse of dominance are discussed in conclusion.
Simona Giordano
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199269747
- eISBN:
- 9780191603129
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199269742.003.0012
- Subject:
- Philosophy, Moral Philosophy
This chapter presents UK legislation concerning people with mental disorders. It provides an account of both Statute and Case Law, and It explains issues such as competence and coercive treatment in ...
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This chapter presents UK legislation concerning people with mental disorders. It provides an account of both Statute and Case Law, and It explains issues such as competence and coercive treatment in cases of mental disorders. It then focuses on the particular case of eating disorders, and looks at issues of competence to refuse treatment for eating disorders and legislation relating to force-feeding. The legal account is accompanied by a punctual philosophical and ethical critique of UK jurisdiction. It suggests that the Mental Health Act should be abolished.Less
This chapter presents UK legislation concerning people with mental disorders. It provides an account of both Statute and Case Law, and It explains issues such as competence and coercive treatment in cases of mental disorders. It then focuses on the particular case of eating disorders, and looks at issues of competence to refuse treatment for eating disorders and legislation relating to force-feeding. The legal account is accompanied by a punctual philosophical and ethical critique of UK jurisdiction. It suggests that the Mental Health Act should be abolished.
Simona Giordano
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199269747
- eISBN:
- 9780191603129
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199269742.003.0014
- Subject:
- Philosophy, Moral Philosophy
This chapter considers the case in which the anorexic patient refuses naso-gastric feeding. It argues the principle of autonomy seems prima facie to dictate that the patient’s decision not to be fed ...
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This chapter considers the case in which the anorexic patient refuses naso-gastric feeding. It argues the principle of autonomy seems prima facie to dictate that the patient’s decision not to be fed should be respected, if the decision appears to be autonomous. However, this chapter shows that the principle of autonomy is not a sufficient ground for accepting the sufferer’s decision to die, in the case of anorexia nervosa. The decision to omit or withdraw life-saving treatment for anorexia necessarily has to rest on the capacity to identify with the suffering of the patient, and on the willingness to end the pains of the sufferer. In short, on one’s compassion. The death of the anorexic can be prevented and the effects of abnormal eating are completely reversible. The refusal of artificial feeding and hydration may therefore be profoundly devastating for carers, possibly more devastating than the refusal of therapy in cases of untreatable degenerative or mortal illnesses. This is humanly understandable and ethically relevant, and seems to weaken the normative strength of the principle of respect for people’s competent decisions.Less
This chapter considers the case in which the anorexic patient refuses naso-gastric feeding. It argues the principle of autonomy seems prima facie to dictate that the patient’s decision not to be fed should be respected, if the decision appears to be autonomous. However, this chapter shows that the principle of autonomy is not a sufficient ground for accepting the sufferer’s decision to die, in the case of anorexia nervosa. The decision to omit or withdraw life-saving treatment for anorexia necessarily has to rest on the capacity to identify with the suffering of the patient, and on the willingness to end the pains of the sufferer. In short, on one’s compassion. The death of the anorexic can be prevented and the effects of abnormal eating are completely reversible. The refusal of artificial feeding and hydration may therefore be profoundly devastating for carers, possibly more devastating than the refusal of therapy in cases of untreatable degenerative or mortal illnesses. This is humanly understandable and ethically relevant, and seems to weaken the normative strength of the principle of respect for people’s competent decisions.
Laura Grattan
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780813175164
- eISBN:
- 9780813175195
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813175164.003.0020
- Subject:
- Political Science, American Politics
This chapter by Laura Grattan offers an alternative to critics and admirers who equate Wright’s resistance to white supremacy and capitalism with either ressentiment or violence. Drawing on Native ...
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This chapter by Laura Grattan offers an alternative to critics and admirers who equate Wright’s resistance to white supremacy and capitalism with either ressentiment or violence. Drawing on Native Son,Black Boy, and 12 Million Black Voices, the essay argues that Wright constructs a multifaceted politics of refusal that puts the regeneration of the body and its aesthetic senses at the center of struggles to create “new and strange way[s] of life.” Individual and collective transformation entails repertories of refusal that lessen attunement to an antiblack social order and that make possible generative practices necessary for freedom. The essay concludes by evaluating the creative potential of refusal in movements to abolish policing and prisons.Less
This chapter by Laura Grattan offers an alternative to critics and admirers who equate Wright’s resistance to white supremacy and capitalism with either ressentiment or violence. Drawing on Native Son,Black Boy, and 12 Million Black Voices, the essay argues that Wright constructs a multifaceted politics of refusal that puts the regeneration of the body and its aesthetic senses at the center of struggles to create “new and strange way[s] of life.” Individual and collective transformation entails repertories of refusal that lessen attunement to an antiblack social order and that make possible generative practices necessary for freedom. The essay concludes by evaluating the creative potential of refusal in movements to abolish policing and prisons.
H. R. Kedward
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198205784
- eISBN:
- 9780191676796
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205784.003.0002
- Subject:
- History, European Modern History, Military History
A subsequent report on the first of July continued to underline that young men from the département were simply refusing to go on Service du Travail Obligatoire (STO), but nevertheless he wished to ...
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A subsequent report on the first of July continued to underline that young men from the département were simply refusing to go on Service du Travail Obligatoire (STO), but nevertheless he wished to correct all stories of organized groupings of réfractaires both in and outside his region, claiming that intensive police operations had revealed that such groupings were extremely few, if not non-existent. It had been one thing for local authorities to demonstrate eagerly that STO was a disaster in terms of public opinion, and to make the most of evidence which emphasized the hostility and refusal of the conscripts and their families. However to suggest, in mid-1943, that police control was insufficient to prevent the grouping and arming of réfractaires, or any other persons in hiding, was a different matter, and reports in the early summer abound in assurances to Vichy that a combination of refuge and refusal did not amount to revolt.Less
A subsequent report on the first of July continued to underline that young men from the département were simply refusing to go on Service du Travail Obligatoire (STO), but nevertheless he wished to correct all stories of organized groupings of réfractaires both in and outside his region, claiming that intensive police operations had revealed that such groupings were extremely few, if not non-existent. It had been one thing for local authorities to demonstrate eagerly that STO was a disaster in terms of public opinion, and to make the most of evidence which emphasized the hostility and refusal of the conscripts and their families. However to suggest, in mid-1943, that police control was insufficient to prevent the grouping and arming of réfractaires, or any other persons in hiding, was a different matter, and reports in the early summer abound in assurances to Vichy that a combination of refuge and refusal did not amount to revolt.
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.
Ben Lobo
- Published in print:
- 2010
- Published Online:
- November 2011
- ISBN:
- 9780199561636
- eISBN:
- 9780191730542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561636.003.0009
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
People might make a variety of advance decisions that might apply to a range of issues about their health, welfare, finances, or other personal matters. This chapter concentrates on the advance ...
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People might make a variety of advance decisions that might apply to a range of issues about their health, welfare, finances, or other personal matters. This chapter concentrates on the advance refusal of treatment. It provides background to advance decisions and care planning for end of life, looking also at the context of English law, society, and culture. It looks at related topics such as Advance Decisions to Refuse Treatment (ADRT) and children, decisions relating to cardiopulmonary resuscitation, and assisted suicide. Lastly, it looks forward to raising public and professional awareness, education, and professional development. The discussion also notes that people in England and Wales now have a legal right to refuse even life sustaining treatment.Less
People might make a variety of advance decisions that might apply to a range of issues about their health, welfare, finances, or other personal matters. This chapter concentrates on the advance refusal of treatment. It provides background to advance decisions and care planning for end of life, looking also at the context of English law, society, and culture. It looks at related topics such as Advance Decisions to Refuse Treatment (ADRT) and children, decisions relating to cardiopulmonary resuscitation, and assisted suicide. Lastly, it looks forward to raising public and professional awareness, education, and professional development. The discussion also notes that people in England and Wales now have a legal right to refuse even life sustaining treatment.
Anne M Wilkinson
- Published in print:
- 2010
- Published Online:
- November 2011
- ISBN:
- 9780199561636
- eISBN:
- 9780191730542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561636.003.0017
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
This chapter discusses the challenges of end of life, the ethical and legal foundations of advance directives (ADs) and Advance Care Planning (ACP) in the United States, the evidence base regarding ...
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This chapter discusses the challenges of end of life, the ethical and legal foundations of advance directives (ADs) and Advance Care Planning (ACP) in the United States, the evidence base regarding the application of ADs and ACP in clinical settings in the USA, the lessons learned from the failure of the AD process in the US and the future of ACP. It notes that the history of the development of ACP in USA began with refusals of treatment and ADs but has now moved towards a greater emphasis on statements of preferences and wishes. ACP is more than documenting life-sustaining treatment choices or identifying a surrogate decision-maker; it is a comprehensive, continuing communication and ‘shared decision-making’ process between the patient, family, and providers designed to elicit patient values and health-related quality of life goals for treatment.Less
This chapter discusses the challenges of end of life, the ethical and legal foundations of advance directives (ADs) and Advance Care Planning (ACP) in the United States, the evidence base regarding the application of ADs and ACP in clinical settings in the USA, the lessons learned from the failure of the AD process in the US and the future of ACP. It notes that the history of the development of ACP in USA began with refusals of treatment and ADs but has now moved towards a greater emphasis on statements of preferences and wishes. ACP is more than documenting life-sustaining treatment choices or identifying a surrogate decision-maker; it is a comprehensive, continuing communication and ‘shared decision-making’ process between the patient, family, and providers designed to elicit patient values and health-related quality of life goals for treatment.
