In discussing cruelty toward human beings, I argue that disregarding the singularity of any human being is necessary for treating her or him cruelly. The cruelty of Peter the Great, relying upon the intolerance of any human singular individuality, serves me as a paradigm-case to illustrate that. The cruelty of Procrustes and that of Stalin rely upon similar grounds. Relating to a person’s singularity is sufficient to prevent cruelty toward that person. In contrast, a liberal state of mind or solidarity (...) is insufficient to prevent cruelty and, under some circumstances, may even cause it. (shrink)

128 female Ss were asked to make 4 judgments about a young woman after reading her "job application portfolio." Five characteristics of the young woman were manipulated orthogonally. Ss were asked to report how each of the 5 manipulated factors had influenced each of their judgments. "Observer Ss," who had access only to very impoverished descriptions of each of the 5 factors, were asked to predict how each of the factors would influence each of the judgments. Results show that S (...) reports about the effects of the factors on the judgments were in general highly inaccurate; observer predictions were extremely similar to S reports; for the single judgment for which Ss showed substantial accuracy, observer predictions were as accurate as S reports. Results indicate that whatever introspective access to cognitive processes may exist, it is not sufficient to produce generally accurate reports about such processes, nor even to produce reports that differ much from those of poorly informed outside observers. (shrink)

Every year thousands of computers deemed obsolete by companies upgrading to newer models are kept out of landfills by organizations like World Computer Exchange 1 which recycle them to schools in developing countries. It is possible to set up at a very low cost, clusters of recycled PCs, using Linux software to substantially reduce the cost of establishing school‐based community Internet centers. In the case of such an implementation in Goa, India by a WCE partner‐NGO the key to its success (...) has been collaboration between the NGO and the private sector to encourage the growth of local Linux support skills and with the government sector ‐ the Goa State Education Department ‐ to ensure the acceptance of Linux in the curriculum, and the provision of teacher training. The Goa Schools Computers project 2 project provides an example of how low initial costs of infrastructure and linkages between different stakeholders can result in cost savings of up to 60% over a conventional community Internet center thereby increasing their chances for financial viability. (shrink)

This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology. This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof (...) as a procedural matter preserves the complementarity of incentives created by the burden of proof and evidentiary rules. Conversely, treating the burden of proof as a substantive matter creates a mismatch in incentives created by the burden of proof and evidentiary rules. (shrink)

Any humane society needs a just and compassionate way to care for those who are sick, and should be vigilant in identifying and eliminating barriers that frustrate efforts to adequately care for the sick. Some current insurance underwriting practices constitute effective barriers to access to healthcare and serve to diminish the place of freedom and justice in our healthcare system.

In June 2020, Gilead agreed to provide the USA with 500 000 doses of remdesivir—an antiviral drug which at that time was percieved to show promise in reducing the recovery time for patients with COVID-19. This quantity represented Gilead’s then full production capacity for July and 90% of its capacity for August and September. Similar deals are evident around access to proposed vaccines for COVID-19, and such deals are only likely to increase. These attempts to secure preferential access to medicines (...) and vaccines, so-called vaccine/treatment nationalism, jeopardise supplies of life-saving treatments and vaccines available elsewhere, and jeopardise global equitable distribution of such vaccines/treatments more generally. Much of the focus to date has been on States’ role in negotiating such deals. However, such developments also demonstrate the power patent holders have in controlling access to life-saving healthcare, determining who obtains access first and at what price. This article argues that the extent of control currently given to patent holders for COVID-19 must be questioned. This article demonstrates that patents have significant implications for healthcare acting as private governance tools over patented inventions. It is only by greater probing of patent holders’ role in delivering access to medicines, diagnostics and vaccines for COVID-19 that equitable global equitable access can be achieved. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response (...) to the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

A method for sharing private data through personalized searches is described. This method enables users to retrieve access-controlled private data as well as publicly available data by submitting a single query to a conventional search engine. Seamless integration of the method into current search services through a prototype on the Mozilla Firefox web browser, without any changes to existing search functions, such as crawling, indexing, and matching, is also described. Evaluations showed that the additional storage requirement is only (...) 10% and that the system implementing the method responds in 10 s with 1,000 dummy results for anonymization. (shrink)

Private participation in infrastructure is a relatively newphenomenon in the developing world (World Bank, 1999). In telecommunications, electric power, water, and other sectors, developing countries are turning to private sector investors to help increase availability, improve access, and move toward market-based pricing of resources and services. The findings of this dissertation demonstrate that the governance, mode of entry, and mix of public and private ownership of infrastructure projects are influenced by country-level economic, institutional, and technological factors, and (...) by investing firms’ ownership structures and strategies. (shrink)

ABSTRACTRecruitment of trainee solicitors by largely commercial organisations provides the effective gateway to professional qualification for aspiring solicitors. Professional bodies and others have sought to distinguish solicitors from other legal service providers through reference to professionalism and ethics. In this article I present the findings from a survey of the applicant experience of the graduate recruitment process and interviews with the professionals involved in those processes. The research is situated within the literature on professional identity development. The main aims are (...) to contribute to understanding of the way in which graduate recruitment may inform the construction of professional identities, with particular focus on notions of ethicality within that. These engagements come at a critical time for professional identity construction. Despite data suggesting applicant expectations that professionalism and ethics will be important in their future practice, these early encounters... (shrink)

Is information about a person's genome, whether derived from the analysis of DNA or otherwise, protected by the right to privacy? If it is, why and in what manner? It often appears that some people believe that the answer to this question is to be found in molecular genetics itself. They point to the rapid progress being made in basic and applied aspects of this field of biology; this progress has remarkably increased what is known about human genetics. Since knowledge (...) of a particular person's genetic makeup entails a potential intrusion into that person's most private realms and exposes him or her to dire results if revealed to others, they argue, the law needs to protect “genetic privacy.” There is nothing inherently wrong with this account, but it certainly presupposes that we know—and agree about—what it means to protect privacy and, indeed, what interests are implicated in the concept and why they matter. Rather than make this assumption, in this essay I first elaborate a concept of privacy before turning to the potential privacy implications that arise at the intersection of human genetics and the field of insurance. I argue that the core value here is self-determination broadly conceived—that control over one's genetic information may be important for achieving self-determination—but that at least in the context of contracts for life insurance, we should be reluctant to recognize “rights” that would permanently preclude the use of genetic data by insurers. (shrink)

This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus enhance (...) international trade, commerce, and research. The U.S. should therefore follow the European example and develop two tiers of protection for databases: 1) protection for creative databases under copyright law; 2) protection for non-creative databases through a special type of sui generis protection. In order to balance private control of data and public access to data, sui generis protections should define a “fair use” exemption that permits some unauthorized extraction of data for private, educational, and research purposes, provided that such extraction does not adversely impact the economic value of the database. (shrink)

Timely and accurate information is vital to the success of row crop farmers in the United States. Information access is also critical to conservation efforts due to its influence on best management practice adoption. Public information sources like extension educators have been declining in importance for farmers, raising concerns around what information farmers receive on conservation practices and the accessibility of agronomic information. In this study we investigate farmers’ changing information source consultation by broadly considering the agricultural information landscape, (...) exploring whether farmers have displayed clear trends in access between public and private sources and whether certain farmer or operational characteristics predict public or private source access. We utilize data from a 2018 survey of farmers in four Corn Belt states to examine farmers’ information seeking behaviors and predict the number of total, public, and private sources accessed using structural equation modeling with latent variables. Our findings elaborate on the public-to-private source shift and reveal that farmers continue to seek information from both private and public sources, though the frequency, mode of contact, and types of farmers contacting these sources differ. Results suggest public information sources are still influential, but they are accessed less frequently, tend to appeal to farmers with stronger environmental concerns, and have less appeal to older farmers compared to private information sources. Our findings indicate the potential for extension and other public sources to diversify modes of communication to further their reach. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials (...) honestly confess their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

In many European countries, the introduction of private hospitals into predominantly public health systems has raised serious questions of distributive justice about access to care and the extent of acceptable inequalities.

Privatization and the Social Value of Water in Africa The paper assesses the current clamor and actual privatization of water in Africa. Though this is said to be done in view of wastage and declining access of people to water, this paper submits that the transformation of the social value of water to economic, is rather a continuation of capitalist quest for profit making, which eventually is at the expense of the poor majority.

Of course private-public terminology has a certain first-hand obviousness for us. No one does my experiencing for me; there are features of myself evident to me simply by virtue of the fact that I live through them. These features are not available in quite the same way to others. And your situation is the same. Meanwhile we all have the same sort of access to what we can see and touch and explore scientifically, i.e., the public common world. These (...) remarks must not be taken to imply that a human's privacy is identical with awareness or with immediate feelings; privacy is not exhausted in consciousness. Nevertheless the importance of the private-public distinction à propos actualities is its promise for clearing up or at least clarifying many puzzles involving consciousness: problems about perception, mind-brain connections, and even perhaps immortality. At least the distinction is promising if you begin by taking us to be indeed individual centers of an awareness which discloses some private content but also discloses real other bodily beings. That is, something like Weiss's conception of private and public or inside and outside seems to be essential if one holds that mentality has a firm non-dubious place in the natural world. (shrink)

When advocates of insurance‐privatization consider whether private insurance‐dominated systems achieve justice at all, they tend to rely on an incomplete set of criteria for a just healthcare system. They also mistakenly assume that it is enough to show that justice is in principle achievable within a private insurance‐dominated system. This essay offers a more complete set of criteria for a just healthcare system. It then argues that the motivational assumptions needed to make insurance‐privatization at all plausible are inconsistent (...) with the motivational assumptions needed to show that in practice a private insurance‐dominated system will achieve justice. A private insurance‐dominated system can be expected to satisfy the criteria for just healthcare only if there is extensive and effective regulation to constrain the normal competitive behavior of private insurers or if generous public funds are provided to fill the gaps in access left by the private insurance market. Yet the assumptions about the motivations and abilities of the public, regulators, and public officials needed to satisfy conditions or contradict the privatization advocate's explanations of how privatization will maximize efficiency, choice, and quality of care. (shrink)

The paper looks at arguments for and against private schools, first in general and then, at greater length, in their British form. Here it looks first at defences against the charge that private schooling is unfair, discussing on the way problems with equality as an intrinsic value and with instrumental appeals to greater equality, especially in access to university and better jobs. It turns next to charges of social exclusiveness, before looking in more detail at claims about the (...) dangers private schools pose for democratic government. It then examines complications arising from shifts in the notion of ‘private’ education since the 1980s, before concluding, in the light of recent articles in JOPE about criteria for admission to university, with a discussion of Brighouse's proposal for the reform of private schooling. There are also shorter discussions of other suggestions for such reform. (shrink)

In Public/Private, Fairfield examines the ethical-political significance as well as the policy implications of a right to privacy. Discussing the different applications of privacy laws, technology,property, relationships, Fairfield writes in a style accessible to specialists and students alike.

Genetic testing technologies are rapidly moving from the research laboratory to the market place. Very little scholarship considers the implications of private genetic testing for a public health care system such as Canada’s. It is critical to consider how and if these tests should be marketed to, and purchased by, the public. It is also imperative to evaluate the extent to which genetic tests are or should be included in Canada’s public health care system, and the impact of allowing (...) a two-tiered system for genetic testing. A series of threshold tests are presented as ways of clarifying whether a genetic test is morally appropriate, effective and safe, efficient and appropriate for public funding and whether private purchase poses special problems and requires further regulation. These thresholds also identify the research questions around which professional, public and policy debate must be sustained: What is a morally acceptable goal for genetic services? What are the appropriate benefits? What are the risks? When is it acceptable that services are not funded under health care? And how can the harms of private access be managed? (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this right (...) places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)

Modern health care rhetoric promotes choice and individual patient rights as dominant values. Yet we also accept that in any regime constrained by finite resources, difficult choices between patients are inevitable. How can we balance rights to liberty, on the one hand, with equity in the allocation of scarce resources on the other? For example, the duty of health authorities to allocate resources is a duty owed to the community as a whole, rather than to specific individuals. Macro-duties of this (...) nature are founded on the notion of equity and fairness amongst individuals rather than personal liberty. They presume that if hard choices have to be made, they will be resolved according to fair and consistent principles which treat equal cases equally, and unequal cases unequally.In this paper, we argue for greater clarity and candour in the health care rights debate. With this in mind, we discuss (1) private and public rights, (2) negative and positive rights, (3) procedural and substantive rights, (4) sustainable health care rights and (5) the New Zealand booking system for prioritising access to elective services. This system aims to consider: individual need and ability to benefit alongside the resources made available to elective health services in an attempt to give the principles of equity practical effect. We describe a continuum on which the merits of those, sometimes competing, values—liberty and equity—can be evaluated and assessed. (shrink)

I develop an account of private property that preserves public participation and access. A focus on the initial state of common ownership, labour, and the proviso reveals that standard Lockean defences of property ignore important common interests. In consequence, property rights over environmentally significant goods must be less strong than full liberal rights, and I show how these will be designed.

This essay surveys and synthesizes the academic literature, archival sources and interviews with key policy makers regarding the emergence of community technology centers in the US. Community Technology Centers came to the fore in the late 1990s through an activist nonprofit sector combined with federal government and private sector funding. Federal data indicates that CTCs now represent the most important access points to information communications technology for the poor in the US. This essay reviews the latest arguments for and (...) against continued investment in CTCs and public access in general. In addition to providing access, which is often used beneficially for employment and education related purposes, CTCs appear to contribute to social capital as they become social gathering points. This paper concludes, that both government and nonprofits play a vital role in ensuring public access for the poor and that continued investment in CTCs is warranted. (shrink)

What balance of government and private institution activity might stand a reasonable chance of achieving universal access to basic health care in the United States? David De Grazia makes a strong case that single-payer national health insurance with managed competition in delivery is morally the preferred structure for universal access: it best achieves the combination of universal access, cost control, freedom of patient choice, and quality of care. If we account for the realities of American political and moral culture, (...) however, is this the model for reform that people seriously committed to actually achieving universal access should be pushing? (shrink)

In this article, I defend a proposal to cap the proportion of students admitted to elite colleges who were educated at elite, often private, schools to not more than the proportion of students who attend such schools in society as a whole. In order to defend this proposal, I draw on recent debates that pit principles of equality against principles of adequacy, and I defend the need for a pluralist account of educational fairness that includes both elements. I argue (...) that while equality best captures our convictions about unfairness in access to the instrumental and positional benefits of education, such as job prospects and college admission, adequacy best captures our convictions about unfairness in stunting the development of human talent and the intrinsic benefits of education. The proposal to cap the proportion of private school students at elite universities advances both of these, usually conflicting, principles because it permits unequal but efficient talent development through the vehicle of private tuition and elite schooling, and yet promises to seriously curtail the unfair positional instrumental benefits of private or elite schooling by having those students compete against each other and not students who did not attend elite schools. The policy also achieves its aim consistent with preserving some attractive aspects of parental choice. Towards the end of the article I consider a number of practical objections and an alternative proposal. (shrink)

Using the databases created under Education Watch, a civil society initiative to monitor primary and basic education in Bangladesh, this paper explores trends, socioeconomic differentials and cost in private supplementary tutoring among primary students and its impact on learning achievement. The rate of primary school students getting access to private supplementary tutoring is increasing at two percentage points per year and reached 31% in 2005. Incidence of private tutoring was greater among boys and urban students than respective (...) counterparts. Educated parents and well‐off families were more likely to arrange supplementary tutoring for their children. A wide variation in the cost for private tutoring prevailed. The tutees spent 46% of their total private expenditure for education on supplementary tutoring. Supplementary tutoring helped students learn more than those who had no such support. Private tutors for primary school students have become a well‐accepted norm. Finally, a number of social implications are discussed. (shrink)

The era of globalization has been accompanied by an increased awareness of private wrongs as well as acceleration of many forms of cross-border labor exploitation. The essay explores how refined distinctions between forced and free sex work could improve anti-trafficking policies. It addresses the understudied linkages between other forms of migration and sexual exploitation and suggests a triage approach to all forms of labor exploitation—based on harms rather than type of labor or victim. A better understanding of freedom, sex, (...) and development will allow us to expand a human rights approach to these private wrongs. The best anti-trafficking policy is one of universal, indivisible human rights. Victims of sexual exploitation need the same things as all migrants and all workers—recognition, monitoring, resources, access to justice, and organization. (shrink)

In the United States, discrimination based on race, religion, and other suspect categories is strictly regulated when it takes place in hiring, promotion, and other areas of the world of commerce. Discrimination in one's private affairs, however, is not subject to legal regulation at all. Assuming that both sorts of discrimination can be equally morally wrong, why then should this disparity in legal treatment exist? This paper attempts to find a theory that can simultaneously explain these divergent treatments by (...) providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. The sorts of basis for the disparity are discussed: differences in our epistemological access to private and commercial discrimination; different effects these forms of discrimination have on their victims; and differences in the relative importance of the value of autonomy at stake. I conclude that while considerations of autonomy provide the best explanation for the disparity in attitudes toward the legal treatment of discrimination, they still fall well short of an explanation that completely fits and justifies our current practice. Specifically, I suggest that the disparity between our current legal treatment of private versus commercial discrimination is based on a mistaken belief about the greater importance of autonomy in the private realm than in the commercial sphere. Because this belief is mistaken, a practice designed to consistently respect the value of autonomy ought to differentiate less between private and commercial discrimination, either by regulating the former more heavily, or by regulating the latter less heavily. (shrink)

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Demands to accommodate religious diversity in the public sphere have recently intensified. The debates surrounding the Islamic headscarf in Europe vividly illustrate this trend. We also find a new challenge on the horizon: namely, the request to "privatize diversity" through alternative dispute resolution processes that permit parties to move their disputes from public courthouses into the domain of religious or customary sources of law and authority. The recent controversies in Canada and England related to the so-called Shari’a tribunals demonstrate the (...) potential force of the storm to come. In this Article, I offer an alternative to the presently popular vision of private diversity. This alternative is based on a deep commitment to women’s identity and membership interests as well as their dignity and equality. Women’s legal dilemmas often arise from their allegiance to various overlapping systems of identification, authority and belief: in this case, those arising from religious and secular law. I argue that only recognition of women’s multiple affiliations, and the subtle interactions among them, can help resolve these dilemmas. The recognition of multiple legal affiliations does not sit well with the traditional view that a clear line can be drawn between public and private, official and unofficial, secular and religious, or positive law and traditional practice. Instead, to recognize multiple affiliations is to require greater access to, and coordination among, these once competing sources of law and identity. Once we conceive of citizenship more richly, it becomes apparent that individuals and families should not be forced to choose between the rights of citizenship and group membership: instead, they should be afforded the opportunity to express their commitment to both. I offer a vision of how such an alternative might be realized. (shrink)

This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incorporation and general limited liability were enacted, a new practice was set in motion in Britain. Smaller companies were formed in growing numbers, replacing partnerships, family firms and even sole proprietorships. They operated in sectors in which corporations had not been found before. These companies did not seek access to the stock (...) markets. The article tracks the take-up pattern and changing characteristics of the corporate form in Britain between the enactment of free incorporation and general limited liability (1844–62) and the formal legal recognition of the private company (1907). It shows the dramatic increase in annual incorporation and the parallel decrease in the average capital and average number of shareholders in newly formed companies. The article then analyses the reasons for the decision of businesspersons to incorporate their small firms. The main motivations were the possibility to create asset partitioning between personal and business assets and the ability to use the floating charge. Finally, the article examines the legal reaction to the bottom up emergence of the private company. It examines the reactions of the courts (in the famous Salomon v Salomon case) and of the legislature to this unpredicted practice. It argues that incorporators and their lawyers used the available contractual flexibility to privately design Articles of Association and to adjust them to the specific needs of private and small companies, often by introducing partnership internal governance rules into company Articles. The present study relies on newly gathered data on the take-up of the company form and a newly produced sample of company files collected at Companies House and the National Archives. (shrink)

Balancing, integrating, or otherwise sorting out private ownership, control, and property rights, on the one hand, with social, common, and shared goods or rights, on the other, is manifest in socio-ethical issues ranging from eminent domain to gay marriage and from endangered species protection to social security. In fact, when one surveys the contemporary socio-ethical landscape with this problem in mind, there appears hardly an issue that it does not touch; and it is frequently the central or underlying component. (...) This is perhaps not surprising for issues involving taxation or other government revenue generating mechanisms that pay for public services and programs—e.g. education, postal service, transportation infrastructure, and policing. But it extends well beyond resourcing governmental institutions and initiatives. It is present in different ways and to different degrees in issues as diverse as AIDS drug availability, fisheries management, euthanasia, affordable housing and home loan availability, gun control, permit issuance and zoning for high impact industry, global warming, health care accessibility, bottled water, and prostitution. (shrink)

There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.The intensity of the debate concerning access (...) to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts. (shrink)

This essay denaturalizes the taken-for-granted meaning of ‘access’ and interrogates its role and lived meaning in ableist social worlds, with a focus on spaces of higher education. I suggest that legalistic approaches to access need ‘cripping’ by a disability framework. Currently, these approaches (1) miss the intersubjective sociality of being-in-the-world; (2) they prioritize a narrow conception of access focused on ‘physical’ access and ‘physical’ space (a typology I contest); (3) they approach access as frozen in time, rather than as a (...) relational and temporally dynamic process (4); and, finally, they contribute to bureaucratizing and privatizing disability knowledge. I examine ‘access’ through the lens of belonging by asking how we orient ourselves in spaces shaped by oppressive social norms. I argue that ableist lifeworlds generate serious disorientations for disabled people that are lasting, structurally enforced, and harmful or debilitating. (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to (...) their relational equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through providing a (...) definition of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering within its (...) diverse religious communities. All this provides a rich backdrop for various strategies by communal and institutional elites seeking to consolidate power, legitimacy, and authenticity in their often mutually-reliant jurisdictional projects. The article explores several salient episodes from Israel’s religious jurisdiction dynamics, focusing for purposes of analytical clarity on the case of Jewish orthodox legality. The analysis uncovers the main strategies stakeholders resort to, and shows how agency flows in different ways, with the choices of each player affecting the possibilities of the others. The institution at the arguable top of the system—the Supreme Court—is shown to be often devoid of effective means of elucidating, let along imposing, a coherent vision for a fragmented jurisdictional field. Conceptually, the judicial forum is revealed as the locus of an ongoing, uneasy engagement among normative imaginaries in a sometimes-competitive, sometimes-collaborative negotiation over coherence, tolerance, authority, and legitimacy. (shrink)

This article addresses the general ethical issues of accessing online personal data for research purposes. The authors discuss the practical aspects of online research with a specific case study that illustrates the ethical challenges encountered when accessing data from Kooth, an online youth web-counselling service. This paper firstly highlights the relevance of a process-based approach to ethics when accessing highly sensitive data and then discusses the ethical considerations and potential challenges regarding the accessing of public data from Digital Mental Health (...) services. It presents solutions that aim to protect young DMH service users as well as the DMH providers and researchers mining such data. Special consideration is given to service users’ expectations of what their data might be used for, as well as their perceptions of whether the data they post is public, private or open. We provide recommendations for planning and designing online research that includes vulnerable young people as research participants in an ethical manner. We emphasise the distinction between public, private and open data, which is crucial to comprehend the ethical challenges in accessing DMH data. Among our key recommendations, we foreground the need to consider a collaborative approach with the DMH providers while respecting service users’ control over personal data, and we propose the implementation of digital solutions embedded within the platform for explicit opt-out/opt-in recruitment strategies and ‘read more’ options. (shrink)

The publishing sector in India is growing at an estimated 30 per cent annually. New publishing technologies are creating opportunities for book publishers in the country. The current ebook market is said to be less than one per cent of the total book market, but expected to grow multifold in the next 2–3 years. This paper scopes out the factors that will lead to the growth of ebooks, namely, growth of literacy; internet penetration; proliferation of personal handheld devices; localization; and (...) the government’s policies and initiatives. It lists the epublishing efforts of private publishers and new enterprises in education and trade segments of the industry. The article observes that although ebook publishing is at a nascent stage with potential for remarkable growth, print runs of printed books are increasing simultaneously. A hybrid model for the book industry, of both printed books and ebooks, is suggested as a viable option for the needs of a developing country such as India, where access to digital content continues to be a significant challenge. (shrink)

That everyone has some privileged access to some information is trivially true. The doctrine of privileged access is that I am the authority on all of my own experiences. Possibly this thesis was attacked by Wittgenstein (the thesis on the non?existence of private languages). The thesis was refuted by Freud (I know your dreams better than you), Duhem (I know your methods of scientific discovery better than you), Malinowski (I know your customs and habits better than you), and perception (...) theorists (I can make you see things which are not there and describe your perceptions better than you can). The significance of this rejected thesis is that it is the basis of sensationalism and thus of all inductivist and some conventionalist philosophy. (shrink)

Research into the causes of the 2008 financial crisis has drawn attention to a link between growing income inequality in the United States and high household indebtedness. Most accounts trace the U.S. idea of credit-as-welfare to the period of wage stagnation and welfare retrenchment that began in the early 1970s. Using France as a comparison case, I argue that the link between credit and welfare was not unique to the United States. Indeed, U.S. charitable lending institutions that emerged at the (...) beginning of the twentieth century were modeled in part on older French financial institutions. Three historical factors drove U.S. lenders and policymakers to push for expanded credit access for the working class. First, welfare reformers in the interwar period embraced private credit as an alternative to an expansive welfare state. Second, U.S. organized labor in the wake of World War II embraced credit access as a means to sustain industrial employment and finance strike actions. Third, commercial banks in the 1950s began offering revolving credit accounts as a means to attract new depositors at a time when banking regulation restricted the interest they could offer on deposits. (shrink)

Private medical aids are essentially non-profit organisations that aim to deliver speedy treatment and should prevent members from unexpected, out of pocket expenses for medical care. However, although the latest statistics show that 16.2% of individuals in South Africa were members of medical aid schemes, making the promise of private healthcare accessible to a small percentage of the population, they are not without their own unique set of challenges. The restrictions that exist within the private sector have (...) a direct bearing on the types of healthcare services patients can access, which in turn impacts on the fundamental right to access healthcare. Using a recent High Court Case decision, this article seeks to explore whether there is justice in the provision of healthcare services, specifically within the private sector in South Africa. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Tourism:Crossing Borders to Access Health CareHarriet Hutson Gray (bio) and Susan Cartier Poland (bio)Traveling abroad for one's health has a long history for the upper social classes who sought spas, mineral baths, innovative therapies, and the fair climate of the Mediterranean as destinations to improve their health. The newest trend in the first decade of the twenty-first century has the middle class traveling from developed countries to those (...) with emerging economies to avoid treatment delays, prohibitive costs for life-saving procedures, or simply high costs for elective surgery. Others leave to have access to assisted suicide in countries that have legalized it: Belgium, The Netherlands, and Switzerland. This new era of globalization in health care has arrived without the benefit of international standards, government oversight, or ethical and legal review.Howard Staab, a self-employed carpenter from North Carolina, flew to India for his medically necessary heart surgery, scheduled a side trip to the Taj Mahal, and returned home to work in North Carolina. He spent a total of less than $10,000, instead of the $200,000 required from the local hospital (I, Milstein and Smith 2006).At first blush, the outsourcing of medical care to India seems to be a particular solution for a particular problem. However, the particularity of Mr. Staab is not unique. His experience is emblematic of those patients in the United States with a medical need for major and elective procedures, but who also must bear the total cost of these procedures. These middle-class, under-insured Americans go abroad.In tandem with increasingly aggressive marketing campaigns, American hospitals and companies have begun to leverage their connections in Asia to grow the medical tourism business into a major economic force. What are the consequences of this?Several authors point to the effect on the host country's population, particularly the poor, to be pushed farther down the queue to receive adequate, affordable care. Resources are applied to the foreign trade instead of building the local [End Page 193] medical infrastructure. Another potential problem is the obligation of the home-country physician to provide follow-up care. What are the legal ramifications when the procedure was illegal to begin with? Are there opportunities for redress for medical errors?These factors may be converging into a "perfect storm" for health care in the U.S., in which the potential participation of the major insurance companies in promoting offshore care will be the tipping point in the precarious structure that represents the economic currents in health care. Third-party administrators and self-funded employers may be on the cutting edge in 2009 by providing incentives to employees to travel overseas for care.I. Economic ConsiderationsConnell, John. Medical Tourism: Sea, Sun, Sand and... Surgery. Tourism Management 27: 1093–1100, 2006.As evidence of the interest of traditional tour operators in this newer twist on the industry, the author explores medical tourism as an element of the growth of world tourism. In promoting medical tourism, he urges consideration of such issues as the privatization of health care, the foundational role of technology, and uneven access to health resources.Dunn, Philip. Medical Tourism Takes Flight. H and HN: Hospitals and Health Networks: 40–44, November 2007.Writing for U.S. health care executives, Dunn emphasizes that the reality of medical tourism competes with the local medical center for patients and their insurance dollars in a significant way. He examines the possibility that U.S. insurance plans soon may offer to pay for what is currently a cash only business and that the economic impact to the local medical center could be significant or even devastating.Frontiers of Health Services Management [Selected Articles] 24 (2), Winter 2007.In "Managing Healthcare Services in the Global Marketplace" (pp. 3–18), Bruce J. Fried and Dean M. Harris consider legal, ethical, and financial implications of the international workforce. In "Globalization of Health Care" (pp. 19–30), Lynn Schroth and Ruthy Khawahja point out that the transfer of comprehensive management expertise and intellectual property from U.S. medical centers to international sites is driving the success of collaboration between U.S. and foreign health care centers. In "Is... (shrink)

This paper addresses the knowledge required for individuals to evaluate Information and Communications Technologies decisions that relate to the organization and management of cyberspace, and to hold accountable the parties responsible for those decisions, whether the responsible party is a government actor, market actor or private individual. The authors argue that the Open Systems Interconnection model, with certain modifications, should serve as a primary educational tool in helping individuals to gain the understanding of ICT necessary to protect public interests (...) related to cyberspace. (shrink)

The outputs of economic forecasting—predictions for national economic indicators such as GDP, unemployment rates and inflation—are all highly visible. The production of these forecasts is a much more private affair, however, typically being thought of as the work of individual forecasters or forecast teams using their economic model to produce a forecast that is then made public. This conception over-emphasises the individual and the technical whilst silencing the broader social context through which economic forecasters develop the expertise that is (...) essential for the credibility of their predictions. In particular, economic forecasts are given meaning and fine-tuned through the social and institutional networks that give forecasters access to the expertise of a heterogeneous mix of academics, policy-makers and business people. Within these broader groups, individual forecasters often create private forecast ‘clubs’, where subscribers have privileged access to the expertise of the economist, but where the forecasters also have privileged access to their clients’ own expert knowledge. In examining these aspects of the forecasters’ work I show that the visible and audible activities of modelling and forecasting are made possible and plausible by virtue of the modeller’s invisible interaction with a wider network.Keywords: Expertise; Economic forecasting; Periodic table of expertise; Judgement. (shrink)

Should political leaders have a right to privacy? Incursions by new and traditional media into the private lives of political leaders are commonplace. Are such incursions ethically justifiable? Prima facie, the question of ‘political privacy’ seems to involve a conflict between a politician's self-interest in retaining a protected private realm and citizens' public interest in having access to information about their representative's private life. Indeed, this is the structure that the debate has typically assumed. I challenge this (...) orthodox view by demonstrating that there is a public interest in political privacy grounded in the relationship between privacy and political judgement. I argue that the political privacy debate should be recast to recognise this conflict between two different strands of the public interest. This conflict presents a dilemma for democratic theory: in providing voters with private information relevant to the evaluation of political leaders' suitability for office and performance within it, we threaten to undermine the conditions necessary to attract candidates of judgement and for political leaders to judge well once in office. (shrink)

The objectives of this article are twofold. First, by denying the dualism inherent in attempts to load metaphysical significance on the inner/outer distinction, it defends the view that scientific investigation can approach consciousness in itself, and is not somehow restricted in scope to the outward manifestations of a private and hidden realm. Second, it provisionally endorses the central tenets of global workspace theory, and recommends them as a possible basis for the sort of scientific understanding of consciousness thus legitimised. (...) However, the article goes on to argue that global workspace theory alone does not constitute a fully worked-out objective account of the conscious subject. This requires additional attention to be paid to the issue of embodiment, and to the possibility of indexicality that arises when an instantiation of the global workspace architecture inhabits a spatially localised body. (shrink)