Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of (...) moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies. (shrink)

This edited volume contributes to the growing literature on post-marriage-equality marriage. It is the first interdisciplinary approach to understanding the various historical, empirical, normative, and legal dimensions of marriage as Americans begin to imagine what marriage could be like in the future.

One dark and rainy night, Yuso sexually assaults and tortures Zelan. In escaping from the scene of his crime, he falls heavily and becomes an impotent paraplegic. Instead of treating his fate as divine retribution for his wicked acts, Yuso sees it as sheer bad luck. He shows no remorse for what he has done, and vainly hopes that he will recover his powers, which he now treats as involuntarily hoarded resources to be used on less rainy days. In the (...) presence of others, he pretends that he has turned over a new leaf. He asks for religious and educational books, hoping to make up for his poor education and deprived social background. But he immediately discards them when he is alone in favor of the pornographic magazines which he has bribed a nurse to smuggle in for him. His deception and various obscene acts committed in the hospital are exposed; by the time he comes up for trial, everyone knows that he is still a lustful, sadistic, and unrepentant man. Most retributivists have a sufficient justification for punishing Yuso independently of the social consequences of his punishment. Two features of the case might cause some difficulties. First, Yuso has already experienced considerable suffering and deprivation both before and after his crime, and retributivists might disagree about the relevance of the suffering to his punishment. Secondly, Yuso is unrepentant, and it is unlikely that punishment will change him. This might, as we shall see, create a problem for those who think that the justifying aim of punishment is the moral reform of the offender. (shrink)

This detailed and sympathetic, but not uncritical, study of On Liberty' argues for the general consistency and coherence of Mill's defence of individual liberty, but maintains that there are significant non-utilitarian elements in his arguments.

What ecological advantages do animals gain by being able to detect, extract and exploit wavelength information? What are the advantages of representing that information as hue qualities? The benefits of adding chromatic to achromatic vision, marginal in object detection, become apparent in object recognition and receiving biological signals. It is argued that this improved performance is a direct consequence of the fact that many animals' visual systems reduce wavelength information to combinations of four basic hues. This engenders a simple categorical (...) scheme that permits a rich amount of sensory information to be rapidly and efficiently employed by cognitive machinery of limited capacity. (shrink)

At 8 a.m. I get in my car and set off for work. At 7:59 a.m., before I started it, my car was at rest; at 8:01 a.m. it is in motion. When a thing is not in motion, it is at rest, and when it is not at rest, it is in motion. But what was the state of the car at 8:00 a.m., as I was starting it? It would be inaccurate to say that it was in motion (...) but it would be inaccurate, also, to say that it was at rest: it was “just starting.” But, if whenever a thing is not in motion it is at rest, the state of “just starting”—or, of course, the comparable state of “just stopping”—must be either a state of motion or a state of rest. Which? (shrink)

In the essay On Liberty , Mill put forward his famous principle that society may only interfere with those actions of an individual which concern others and not with actions which merely concern himself. The validity of this principle depends on there being a distinction between self-regarding and other-regarding actions. But the concept of self-regarding actions has been severely criticised on the ground that all actions affect others in some way and are therefore other-regarding. The notion of self-regarding actions appears (...) to be completely discredited. Very recently, however, there has been some dissatisfaction with the traditional debunking of Mill on this score. Two serious and important attempts to reinterpret the principle were made by Mr J. C. Rees in an article entitled ‘A Re-Reading of Mill on Liberty’, and by Mr Alan Ryan in two brief but extremely useful contributions. My aim is to discuss these reinterpretations of Mill, and on the basis of this, build up what I think is the correct account of Mill's notion of self-regarding actions. (shrink)

Taking organs from dead people seems, prima facie, to raise fewer ethical complications than taking organs from other sources. There are, however, serious ethical problems in taking organs from the dead unless there is premortem evidence that this is what the deceased would have wanted, or at least, not have objected to. In this paper we will look at a “strong” opting out policy as proposed by John Harris. We will argue that people can be harmed after their death and (...) that the posthumous removal of organs against their expressed wishes is one form that such harm might take. We also argue that Harris’s claim that we show “equality of concern” between the donor and recipient requires too much. (shrink)

Objective: To examine current research payment practices and to inform development of clearer guidelines for researchers and ethics committees.Design: Exploratory email based questionnaire study of current research participant reimbursement practices. A diverse sample of organisations and individuals were targeted.Setting: Australia.Participants: Contacts in 84 key research organisations and select electronic listservers across Australia. A total of 100 completed questionnaires were received with representations from a variety of research areas .Main measurements: Open-ended and fixed alternative questions about type of research agency; type (...) of research; type of population under study; whether payment is standard; amounts and mechanisms of payment; factors taken into account when deciding on payment practices; and whether payment policies exist.Results: Reimbursement practice is highly variable. Where it occurs it is largely monetary and is for time and out-of-pocket expenses. Ethics committees were reported to be often involved in decision making around reimbursement.Conclusions: Research subject payment practices vary in Australia. Researchers who do provide payments to research participants generally do so without written policy and procedures. Ethics committees have an important role in developing guidelines in this area. Specific guidelines are needed considering existing local policies and procedures; payment models and their application in diverse settings; case study examples of types and levels of reimbursement; applied definitions of incentive and inducement; and the rationale for diverse payment practices in different settings. (shrink)

The legal requirements and justifications for collecting patient-identifiable data without patient consent were examined. The impetus for this arose from legal and ethical issues raised during the development of a population-based disease register. Numerous commentaries and case studies have been discussing the impact of the Data Protection Act 1998 and Caldicott principles of good practice on the uses of personal data. But uncertainty still remains about the legal requirements for processing patient-identifiable data without patient consent for research purposes. This is (...) largely owing to ignorance, or misunderstandings of the implications of the common law duty of confidentiality and section 60 of the Health and Social Care Act 2001. The common law duty of confidentiality states that patient-identifiable data should not be provided to third parties, regardless of compliance with the DPA1998. It is an obligation derived from case law, and is open to interpretation. Compliance with section 60 ensures that collection of patient-identifiable data without patient consent is lawful despite the duty of confidentiality. Fears regarding the duty of confidentiality have resulted in a common misconception that section 60 must be complied with. Although this is not the case, section 60 support does provide the most secure basis in law for collecting such data. Using our own experience in developing a disease register as a backdrop, this article will clarify the procedures, risks and potential costs of applying for section 60 support. (shrink)

Color -order systems highlight certain features of color phenomenology while neglecting others. It is misleading to speak as if there were a single “psychological color space” that might be described by a rather simple formal structure. Criticisms of functionalism based on multiple realizations of a too-simple formal description of chromatic pheno-menal relations thus miss the mark. It is quite implausible that a functional system representing the full complexity of human color phenomenology should be realizable by radically different qualitative states.

In Defense of Utilitarianism, C.L. Sheng provides a more intensive study of the Unified Utilitarian Theory , which he proposed in his previous work A New Approach to Utilitarianism . Sheng defends utilitarianism, particularly UUT, against the objections and attacks raised by nonutilitarians, showing it to be a viable ethical theory.

In this article C. L. Tsou, of the Institute of Biophysics, Beijing, criticizes the use of the expression I50, the inhibitor concentration to produce 50% inhibition of a particular enzyme as a ‘most unfortunate’ parameter, when screening enzyme inhibitors designed as drugs. Comments on Dr Tsou's point of view will be welcomed from readers.

John Stuart Mill's essay On Liberty, published in 1859, has had a powerful impact on philosophical and political debates ever since its first appearance. This volume of essays covers the whole range of problems raised in and by the essay, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing 'experiments in living', the basis of individual liberty, multiculturalism and the claims of minority cultural groups. Mill's views have been fiercely contested, and they are (...) at the centre of many contemporary debates. The essays are by leading scholars, who systematically and eloquently explore Mill's views from various perspectives. The volume will appeal to a wide range of readers including those interested in political philosophy and the history of ideas. (shrink)