The place of the written Constitution in our constitutional practice is defined secondarily, from outside the text, not commanded by the text. Like moral readers of our constitutional practice, originalists of all stripes have to argue from outside the text. This makes the new originalist turn to the theory of language come too early; the place of such theory is necessarily subordinate to a convincing moral account of our practice as a whole. To lament the existence of constitutional provisions (...) that do not provide legible descriptions of encompassing states of affairs —as the new originalists implicitly do— is to badly misunderstand a morally salient element of our constitutional practice. The non-encompassing provisions of the Constitution are not incomplete, and hence failed instructions; rather they are complete, successful delegations of authority to constitutionally responsible officials. A delegatory constitutional instruction hands off responsibility and authority; in order to do that, it must be non-encompassing. This is a virtue, not a liability of the written Constitution. The purpose of our constitutional practice is justice-seeking. It aims at better aligning our institutions, policies, laws and the political community as a whole, with the requirements of justice. It aims, that is, at our making moral progress as a political community. Delegations of constitutional authority and responsibility invite the partnership of contemporary constitutional actors, in the justice-seeking enterprise, including and especially courts. Our constitutional courts are common law courts; they are, that is, reason-giving and precedent- drawn, features that make them worthy partners in that enterprise. (shrink)

The long-standing overarching policy governing research with human subjects conducted and supported by most federal agencies and departments in the United States, known as the Common Rule, has recently been revised, with most requirements slated to become effective in 2018. Although there are multiple alterations to the current regulations, some of the most significant changes aim to enhance consent for research. While some of the particular provisions in this regard will be easy to apply and promise to help meet (...) this goal, others may be more challenging to implement despite their intuitive appeal. In this article, I examine some of the provisions in the revised Common Rule that relate to consent: new required consent elements; the goal of comprehension in the consent process; consent forms; and broad consent. By raising issues about these provisions now and suggesting possible ways to overcome their potential shortfalls, the hope is that future efforts can be taken to help clarify and appropriately implement them. (shrink)

Food provisioning refers to the mental, physical and emotional labor involved in providing food for oneself and one’s family. The labor of food provisioning has been found to be made more difficult by a number of factors, including gender, socioeconomic status, age, and geography. However, little research has been done examining the labor of food provisioning among farm workers, a significantly marginalized population in the United States. In order to examine the food provisioning strategies and struggles of farm workers, we (...) have been conducting pilot research with Latinx agricultural workers in southwestern Idaho. Employing a range of qualitative and quantitative methods, we examine the various strategies that farm workers use to provide food for themselves and their families, including accessing food banks, utilizing food stamps, purchasing groceries and accepting food from friends, family and employers. We consider this from a wider lens of “caring labor”. In addition, we explore food provisioning strategies in the context of economic and demographic changes in Idaho. We observe the ways in which changing crop patterns, in particular the growth the hops industry, relates to a transition in the labor force, especially an increase in women farm workers. We have also observed a shift away from employing migrant farm labor and towards the employment of “settled” Latinx residents from surrounding communities. These changes all influence the labor of food provisioning for rural Idaho Latinx families. (shrink)

Despite significant progress in the legalization and decriminalization of abortion in Australia over the past decade or more recent research and government reports have made it clear that problems with the provision of services remain. This essay examines such issues and sets forth the view that such issues can and should be seen as (bio)ethical concerns. Whilst conscientious objection—the right to opt-out of provision on the basis of clear ethical reservations—is a legally and morally permissible stance that healthcare professionals can (...) adopt, this does not mean those working in healthcare can simply elect not to be providers absent a clear ethical rationale. Furthermore, simple non-provision would seem to contravene the basic tenants of medical professionalism as well as the oft raised claims of the healthcare professions to put the needs of patients first. Recognizing that much of the progress that has been made over the past three decades can be attributed to the efforts of dedicated healthcare professionals who have dedicated their careers to meeting the profession’s collective responsibilities in this area of women’s health and reproductive healthcare, this paper frames the matter as a collective ethical lapse on the part of healthcare professionals, the healthcare professions and those involved in the management of healthcare institutions. Whilst also acknowledging that a range of complex factors have led to the present situation, that a variety of steps need to be taken to ensure the proper delivery of services that are comprehensive, and that there has been an absence of critical commentary and analysis of this topic by bioethicists, I conclude that there is a need to (re)assess the provision of abortion in Australia at all levels of service delivery and for the healthcare professions and healthcare professionals to take lead in doing so. That this ought to be done is clearly implied by the healthcare profession’s longstanding commitment to prioritizing the needs of patient over their own interests. (shrink)

M. Römeris’s constant endeavour and experience were gained from his studies in the various universities of different countries. Presiding over eminent experts and established professors-educationalists of his day aided in M. Römeris’s mastery of pedagogics.One of the most fundamental academic provisions of M. Römeris was that the relations between university professors and students had to be built on mutual respect and reliance. In his belief, the professor is obligated to earn the respect and the fondness of students through his (...) valuable work, both as a scholar and as a human being. M. Römeris rendered this exclusive consideration in the study process during his lectures. In his belief, a lively speech could never be replaced by books. Even having given lectures for the same course of Constitutional Law for years, M. Römeris used to prepare for the lectures very thoroughly, constantly, and improved and updated them. His lectures were thorough and widely and deeply analysed problems. (shrink)

Some authors argue that it is permissible for clinicians to conscientiously provide abortion services because clinicians are already allowed to conscientiously refuse to provide certain services. Call this the symmetry thesis. We argue that on either of the two main understandings of the aim of the medical profession—what we will call “pathocentric” and “interest‐centric” views—conscientious refusal and conscientious provision are mutually exclusive. On pathocentric views, refusing to provide a service that takes away from a patient's health is professionally justified because (...) there are compelling reasons, based on professional standards, to refuse to provide that service (e.g., it does not heal, and it is contrary to the goals of medicine). However, providing that same service is not professionally justified when providing that service would be contrary to the goals of medicine. Likewise, the thesis turns out false on interest‐centric views. Refusing to provide a service is not professionally justified when that service helps the patient fulfill her autonomous preferences because there are compelling reasons, based on professional standards, to provide that service (e.g., it helps her achieve her autonomous preferences, and it would be contrary to the goals of medicine to deny her that service). However, refusing to provide that same service is not professionally justified when refusing to provide that service would be contrary to the goals of medicine. As a result, on either of the two most plausible views on the goals of medicine, the symmetry thesis turns out false. (shrink)

The need for continuing provision of beneficial experimental interventions after research is concluded remains a controversial topic in bioethics for research. Based on the principle of beneficence, justice as reciprocity, concerns about exploitation and fair benefits, participants should be able to have continuing access to benefits beyond the research period. However, there is no consensus about whether or not post-trial provision of beneficial interventions should be mandatory for participants from developing countries. This paper summarises recommendations from international and national guidelines. (...) Ethical principles and practical issues relating to post-trial provision are also discussed. In conclusion, post-trial provision is not necessary in all situations and a set of criteria are proposed to identify the situations that beneficial interventions should be provided beyond the research period. However, mandatory post-trial supply of beneficial experimental interventions should be assured for those who still need and are able to benefit from them but have no alternative access. Mandatory provision is based on universal bioethical principles such as beneficence and justice. Furthermore, difficulties associated with implementation of post-trial provision are not unmanageable. Careful advanced planning and a comprehensive partnership among relevant parties would be very helpful in solving these difficulties in practice, which therefore should not be taken as an excuse to escape post-trial responsibility. (shrink)

Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms (...) of provision types is described. (shrink)

Abstract“Conscientious provision” refers to situations in which clinicians wish to provide legal and professionally accepted treatments prohibited within their (usually Catholic) health care institutions. It mirrors “conscientious objection,” which refers to situations in which clinicians refuse to provide legal and professionally accepted treatments offered within their (usually secular) health care institutions. Conscientious provision is not protected by law, but conscientious objection is. In practice, this asymmetry privileges conservative religious or moral values (usually associated with objection) over secular moral values (usually (...) associated with provision). In this article, we first argue for a legal right to one kind of conscientious provision: referral for procedures prohibited at Catholic hospitals. We then argue that a premise in that argument—the principle of comparably trivial institutional burdens—justifies legal protections for some additional forms of conscientious provision that include, for example, writing prescriptions for contraception or medical abortions. However, this principle cannot justify legal protections for other forms of conscientious provision, for instance, the right to perform surgical abortions or gender-affirming hysterectomies at Catholic hospitals. (shrink)

Despite its effectiveness, limited research has examined the provision of telemental health and how practices may vary according to treatment paradigm. We surveyed 276 community mental health providers registered with a commercial telemedicine platform. Most providers reported primarily offering TMH services to adults with anxiety, depression, and trauma-and stressor-related disorders in individual therapy formats. Approximately 82% of TMH providers reported endorsing the use of Cognitive Behavioral Therapy in their remote practice. The most commonly used in-session and between-session exercises included coping (...) and emotion regulation, problem solving, mindfulness, interpersonal skills, relaxation, and modifying and addressing core beliefs. CBT TMH providers had a higher odds of using in-session and homework exercises and assigning them through postal mail, email or fax methods, as compared to non-CBT TMH providers. TMH providers, regardless of treatment paradigm, felt that assigning homework was neither easy nor difficult and they believed their patients were somewhat-to-moderately compliant to their assigned exercises. CBT TMH providers also collected clinical information from their patients more often than non-CBT TMH providers. They reported being less satisfied with their method, which was identified most often as paper-based surveys and forms. Overall, TMH providers employ evidence-based treatments to their patients remotely, with CBT TMH providers most likely to do so. Findings highlight the need for innovative solutions to improve how TMH providers that endorse following the CBT treatment paradigm remotely assign homework and collect clinical data to increase their satisfaction via telemedicine. (shrink)

In recent decades, many jurisdictions have moved toward legalizing euthanasia and assisted suicide—together with a growing recognition of the moral right to a medically assisted death. Herewe draw on a comprehensive quantitative review of existing laws on assisted dying, experimental survey evidence, and four decades of time-series data to explore the relationship between these legislative transitions and changing moral attitudes. Our analysis reveals that existing laws on medical aid in dying impose a common set of eligibility restrictions, based on the (...) patient’s age, decision-making capacity, prognosis and the nature of their illness. These eligibility restrictions shape public moral approval of physician-assisted death, equally in countries where euthanasia is legal (i.e., Spain) and illegal (i.e., the United Kingdom). Additionally, records of public attitudes toward euthanasia across numerous countries over a forty-year period uncovered anticipatory growth in moral approval leading up to legalization, but no accelerated growth thereafter. Collectively, our findings suggest that legal frameworks for medical aid in dying crystallize patterns of moral intuition. (shrink)

Epistemic relationism in the theory of assertion is the view that an assertion's epistemic propriety depends purely on the relation between the asserter and the proposition asserted. Many accounts of assertion are relationist in this sense, including the familiar knowledge, belief, and justification accounts. A notable feature of such accounts is that they give no direct importance to the role of hearer: as far as such accounts are concerned, we need make no mention of hearers in characterising an assertion's propriety (...) conditions. This paper develops an account which rejects relationism, by giving central importance to the role of hearer. The paper introduces the knowledge provision account, according to which an assertion that p is proper only if it is fit to give a hearer knowledge that p. The paper aims to show: (i) that we can understand this account in a way which does not leave it open to obvious counterexamples, (ii) that it does not reduce to any familiar relationist account, and (iii) that it carries certain advantages over familiar relationist accounts. (shrink)

If we hope to see values of equality and democracy embodied in our societies’ institutions, then we have a range of good reasons to favor expansive public provision of goods and services, and to oppose many forms of privatization. While Joseph Heath is right to argue that there are at least some forms of ‘anodyne privatization’, and while he is also right to argue for a more nuanced philosophical debate about the different dimensions of choice between forms of public and (...) private provision, Heath fails to register various regards in which private provision can undermine these central public values. We often have strong egalitarian and democratic reasons to protect zones of decommodification; to resist the imposition of user-charges; and to favor insourcing and direct public procurement over various forms of outsourcing of public services. Public libraries provide a totemic illustration of some of the deep virtues of collective public provision in democratic societies. Overall, our reasons to reject privatization are stronger and more diverse than theorists such as Heath might have supposed. (shrink)

The right to conscientious objection in the provision of healthcare is the subject of a lengthy, heated and controversial debate. Recently, a new dimension was added to this debate by the US Supreme Court's decision in Burwell vs. Hobby Lobby et al. which effectively granted rights to freedom of conscience to private, for-profit corporations. In light of this paradigm shift, we examine one of the most contentious points within this debate, the impact of granting conscience exemptions to healthcare providers on (...) the ability of women to enjoy their rights to reproductive autonomy. We argue that the exemptions demanded by objecting healthcare providers cannot be justified on the liberal, pluralist grounds on which they are based, and impose unjustifiable costs on both individual persons, and society as a whole. In doing so, we draw attention to a worrying trend in healthcare policy in Europe and the United States to undermine women's rights to reproductive autonomy by prioritizing the rights of ideologically motivated service providers to an unjustifiably broad form of freedom of conscience. (shrink)

Both healthcare professionals and the healthcare system must defend each patient's health individually while simultaneously seeking to protect the population's health in general. Nowadays, there is an important increase in the cost of healthcare supply, mainly due to the developments of medical science, the public's expectations and the demographic ageing. Since healthcare resources are not unlimited, it is obvious that immoderate consumption of them by certain patients limits the use of the same funds by others. Therefore, we have to seek (...) an optimal distribution of the existing resources in order to manage a constriction of expenses, especially under the circumstances of the modern economic crisis. The criteria of effectiveness and efficiency should be used. Health policies focus on both the public's behaviour and the rules of medical practice. Under the modern challenges the physician's role is particularly important for the protection of the patient's health and the promotion of public health. (shrink)

The aim of establishing a consistent and unified approach in law concerning the ethics of commercializing human embryos and their derivative parts, products, or related technologies remains incomplete within the European Union. In an attempt to elucidate these problems and implications, I examine three separate moral considerations (i.e., exploitation, commodification, and objectification) that could be used to ground the putative wrongness associated with commercializing stem cells—in particular patenting these materials. It is argued that the moral justification for legal prohibitions on (...) such biological materials for commercial purposes is faced by a number of problematic issues. (shrink)

Accurate identification of legal provisions is crucial for adjudicating criminal cases, but the complexity and volume of legal texts pose significant challenges for legal professionals. This paper addresses these challenges by introducing a novel legal provision selection framework that transforms the task from a simple classification problem into a sophisticated system combining semantic matching with causal relationship learning. Leveraging large language models, our approach enhances the understanding and interpretation of legal language, by extracting nuanced features from legal texts for (...) deeper contextual comprehension. Additionally, integrating causal learning aligns with the inherent causality in legal reasoning, improving model interpretability and mitigating data bias. Our method demonstrates superior accuracy and robustness through extensive experiments on the CAIL2018 dataset and its subsets. This research significantly advances legal AI applications, promoting efficiency and fairness in the criminal justice system by providing precise and reliable legal provision selection. (shrink)

We use data collected among Hadza hunter-gatherers between 2005 and 2009 to examine hypotheses about the causes and consequences of men’s foraging and food sharing. We find that Hadza men foraged for a range of food types, including fruit, honey, small animals, and large game. Large game were shared not like common goods, but in ways that significantly advantaged producers’ households. Food sharing and consumption data show that men channeled the foods they produced to their wives, children, and their consanguineal (...) and affinal kin living in other households. On average, single men brought food to camp on 28% of days, married men without children at home on 31% of days, and married men with children at home on 42% of days. Married men brought fruit, the least widely shared resource, to camp significantly more often than single men. A model of the relationship between hunting success and household food consumption indicates that the best hunters provided 3–4 times the amount of food to their families than median or poor hunters. These new data fill important gaps in our knowledge of the subsistence economy of the Hadza and uphold predictions derived from the household and kin provisioning hypotheses. Key evidence and assumptions backing prior claims that Hadza hunting is largely a form of status competition were not replicated in our study. In light of this, family provisioning is a more viable explanation for why good hunters are preferred as husbands and have higher fertility than others. (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)

(1979). Adjustment to peace: Educational provision for unemployed juveniles in Britain 1918–19. British Journal of Educational Studies: Vol. 27, No. 1, pp. 69-80.

A community faces the obligation of providing an indivisible public good that each of its members is able to provide at a certain cost. The solution is to rely on the member who can provide the public good at the lowest cost, with a due compensation from the other members. This problem has been studied in a non-cooperative setting by Kleindorfer and Sertel. They propose an auction mechanism that results in an interval of possible individual contributions whose lower bound is (...) the equal division. Here, instead we take a cooperative stand point by modelling this problem as a cost sharing game that turns out to be a ‘reverse’ airport game whose core is shown to have a regular structure. This enables an easy calculation of the nucleolus that happens to define the upper bound of the Kleindorfer–Sertel interval. The Shapley value instead is not an appropriate solution in this context because it may imply compensations to non-providers. (shrink)

This article presents a new classroom experiment in order to illustrate and initiate discussion on the public good provision of prevention of dangerous anthropogenic climate change. The classroom game aids students’ understanding of the difficulty associated with funding public goods; the role of fairness in climate change negotiations; the risks associated with catastrophic climate change impact; and the free riding concept. The classroom game has been played in various business, economics and political science courses. Feedback received from students indicates a (...) rewarding learning experience. (shrink)

Children’s and young persons’ rights have received increasing been focus in recent decades, due in a significant degree to the UN Convention on the Rights of the Child. In Sweden, compulsory care in the social-services system is disputed, not least for the forceful measures that facility personnel have at their disposal to control children in certain conflict situations. The general aim of this article is to examine how the increased emphasis in Sweden on children’s rights is promoting resilience for children (...) and youth in youth compulsory secure-care settings. A more general question is whether the child-rights discourse leads in practice to increased resilience for children and youth in this setting, or even in general. The empirical material shows that children and young people’s perceptions of care and treatment are strongly linked to their interactions with staff and how the staff use restrictive measures. Applying Martha Fineman’s vulnerability theory in this context means that achieving resilience demands an analysis of the institutional settings in which children and young persons live their day-to-day lives, including their relationships in this setting. Comparing the legal possibilities of physical constraint with interviews of children and personnel reveals that relevant legislative frameworks and children’s-rights discourse should serve as a protection mechanism for children and youths, but in real life, these seem to have limited effect. (shrink)

이 논문은 데카르트의 윤리학 연구에 있어서 중요한 문제 중의 하나인 『방법서설』의 ‘임시도덕’과 1644년 이후 텍스트와의 관계를 다룬다. 그동안 많은 데카르트 학자들은 ‘임시도덕’은 데카르트가 『철학의 원리』 프랑스어판 서문에서 말한 ‘최고의 그리고 가장 완전한 윤리학’이 확립되면 폐기되어야 할 일시적이고 임시적인 것으로 간주해왔다. 이 논문의 목적은 많은 학자들이 주장한 것과 달리 데카르트의 ‘임시도덕’이 ‘임시적’인 것이 아님을 보여주는 것이다. 프랑스어로 ‘par provision’은 ‘임시적provisoire/provisional’이라는 의미가 아니라 “소송 당사자에게 미리 판결을 부여하는 법률용어”이다. 이 판결은 최종판결에 의해서 뒤집히는 것이 아니라 최종 판결보다 먼저 나오는 판결이다. 이런 의미에서 (...) ‘임시도덕’은 무효화될 윤리학이 아니라 나중에도 여전히 유효한 윤리학이라고 할 수 있다. 실제로 데카르트는 『방법서설』의 임시도덕을 1645년 8월 4일 엘리자베스에게 보낸 편지에서 반복한다. 특히 ‘임시도덕’의 두 번째 준칙을 데카르트는 후기 철학에서 아예 ‘덕vertu’이라고 부른다. 따라서 ‘임시도덕’의 두 번째 준칙은 임시적인 것이 아니라 『방법서설????을 썼을 때부터 『정념론』에 이르기까지 데카르트의 윤리학을 관통하고 있는 요소인 것이다. ‘임시도덕’의 세 번째 준칙의 핵심은 우리의 욕망을 통제하는 문제이다. 욕망을 통제하는 문제, 즉 나에게 전적으로 의존하는 것과 의존하지 않는 것을 구분하는 문제 역시 데카르트 후기 윤리학에서 끊임없이 반복되는 문제일 뿐만 아니라 그 자체로 데카르트 윤리학의 핵심이라고 할 수 있는 문제이다. 데카르트의 ‘임시도덕’과 후기 철학의 윤리학의 관계에 대한 나의 주장은 데카르트의 ‘임시도덕’은 ‘최고의 그리고 가장 완전한 윤리학’이 나오면 폐기되어야 할 ‘임시적’인 것이 아니라 아직은 ‘비공식적인informal 윤리학’이라는 것이다. (shrink)

Can we argue that pressures generated from grassroots politics are responsible for the rapid expansion and ethnically/racially uneven distribution of social assistance programs in emerging economies? This article analyzes the Turkish case and shows that social assistance programs in Turkey are directed disproportionately to the Kurdish minority and to the Kurdish region of Turkey, especially to the internally displaced Kurds in urban and metropolitan areas. The article analyzes a cross-sectional dataset generated by a 10,386-informant stratified random sampling survey and controls (...) for possibly intervening socioeconomic factors and neighborhood-level fixed-effects. The results show that high ethnic disparity in social assistance is not due to higher poverty among Kurds. Rather, Kurdish ethnic identity is the main determinant of the access to social assistance. This result yields substantive support to argue that the Turkish government uses social assistance to contain the Kurdish unrest in Turkey. The Turkish government seems to give social assistance not simply where the people become poor, but where the poor become politicized. This provides support for Fox Piven and Cloward’s thesis that relief for the poor is driven by social unrest, rather than social need. The article concludes that similar hypotheses may hold true for other emerging economies, where similar types of social assistance programs have recently expanded significantly and have been directed to ethnic/racial groups. (shrink)

Although previous work has linked parent autonomy support to the development of children’s executive function skills, the role of specific autonomy-supportive behaviors has not been thoroughly investigated. We compiled data from four preschool-age samples in the Midwestern United States to examine three relevant autonomy-supportive behaviors and their associations with child EF. We coded parent autonomy-supportive behaviors from a 10-min interaction between parent and child dyads working on challenging jigsaw puzzles together. Children completed a battery of EF. Overall, child EF was (...) most consistently correlated with the offering choice subscale. Additionally, only the offering choice subscale predicted child EF while controlling for the other autonomy support subscales and child age. These results suggest that parent provision of choice is an especially relevant aspect of autonomy-supportive parenting and may be important to the development of EF in early childhood. Future research should directly measure children’s experience with choice and how it relates to emerging EF. (shrink)

Why would eligible people decline an offer of welfare services? In regard to this question and in the context of changes in the welfare state, this paper discusses the shift 'from entitlements to provisions'. After sketching the size of non-take-up and the social composition of those declining the offer of services, some tentative reasons or motives for non-take-up are presented. The discussion is derived from various approaches including the capability approach, Dahrendorf's approach of the “modern social conflict”, and social (...) quality theory. These approaches are placed in the perspective of the “person,” as in the group/grid scheme developed by anthropologist Mary Douglas. The paper concludes that, in order to understand the phenomenon of non-take-up, a differentiated conception of the person, for which SQT is a prime inspiration, is a condition sine qua non. (shrink)

Anca Dohotariu ABSTRACT: This article seeks to identify and analyse the most significant changes regarding parental leave provision in post-communist Romania, as well as the extent to which its legal adjustments that took place after 1990 reveal both old trends inherited from the former political regime as well as new tendencies influenced by EU norms...

Some people voluntarily provide public goods while others take a free ride. Are the providers acting rationally? Should they instead follow the example of the free-rider? What are the rational and moral justifications for voluntary provision? This dissertation examines five ways to justify voluntary provision: rational prudence, social norms, group agency, fairness, and altruism. It suggests that altruism provides the best possible defense. Considerations of fairness may also provide a justification in some circumstances, but generally this argument is vulnerable to (...) the objection that free-riding is often a legitimate way of protecting oneself from exploitation by other free-riders. In places, the dissertation relies on simple game theoretic models and intuitive economic equilibrium notions to analyze public good situations. The dissertation closes with a discussion of the government's role in providing public goods. An argument is made that, for certain kinds of goods (those over which preferences are public, but whose benefits are private), the standard public goods argument is not appropriate to homogeneous populations. If this is correct, other justifications for governmental provision must be summoned for goods of this form. (shrink)

Drawing on an exploratory study of urban food self-provisioning (FSP) in China, this article argues that progress in sustainability scholarship can be accelerated by embracing a greater diversity of framings of sustainability. It brings four important empirical findings concerning the prevalence of Chinese urban FSP, the social diversity of its practitioners, their primarily non-economic motivations, and production methods meeting the criteria for organic food that are deployed by more than a third of urban food growers. On this basis, the article (...) highlights the importance of greater attention to identifying and valuing ‘already existing sustainability’ in non-Western contexts, rather than privileging Western conceptualizations of sustainability that promise sustainability innovation in the future. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

Over the past decade the welfare state has come under sustained attack not only from quarters which never approved of its policies, but also from political theorists who used to support it. With the collapse of communism, the policy of comprehensive welfare provision came under renewed scrutiny. It was argued that its impact on work incentives is most detrimental. Examining in detail current unemployment debates within Western welfare states, this book seeks to verify or refute the view that non-work is (...) increasingly chosen by work shy individuals - the 'pathological' theory of unemployment. Drawing from a range of disciplinary perspectives - from social philosophy and the history of philosophy, to occupational psychology and feminist economics - this interdisciplinary analysis reveals that the "pathological" theory of unemployment, with its reliance on a deficient depiction of human nature and its disregard of non-pecuniary work incentives and empirical evidence on benefit fraud, cannot be upheld. (shrink)

Living in poverty is associated with high levels of protracted stress associated with health problems. Economic and food insecurity are particularly poignant aspects of poverty and condition the work of securing basic daily needs of families. Recent studies suggest that levels of stress increase as family food needs rise. This paper presents new findings which clarify the relationship of food provisioning to stress levels, by examining actual food provisioning strategies and food insecurity among the Northern Cheyenne Indians of southeastern Montana. (...) Results clearly show that stress varies by types of food acquisition strategies. Contrary to our expectations, more complex strategies, including relatively unpredictable and cumbersome food provisioning activities, are not linked to higher stress levels in our analysis. Controlling for food security levels, households using a combination of local programs and informal subsistence sources are the least stressed, despite the demands of managing a large number of food sources. Households primarily using Food Stamps are the most likely to experience high levels of stress. Interviews with Food Stamp recipients show that potential sources of stress include inadequate allocations of Food Stamps, difficulty achieving and maintaining eligibility, challenges to complying with paperwork and appointment requirements, as well as personal obstacles and community barriers to making food stamps last. Analyses indicate that contradictions between local cultural norms for food provisioning and the realities of food insecurity in this context promote strategies emphasizing greater independence from federal food programs. (shrink)

The way in which a nation’s economy is structured is of great importance for the material welfare of its people as well as the people’s relationship with the state and the operation of the state itself. It is also important for the proper functioning of a nation as a people and its psychological welfare. If the gap between rich and poor increases, the structure of an economy, and therefore the welfare of the state and the nation, is at risk. Two (...) important documents of antiquity, Plato’s Nomoi and the Book of Deuteronomy, which even today influence life, dealt intensively with the fissures between rich and poor within society as a danger to political welfare and harmony. This article will examine these documents to make use of these two books for improving a societal situation. This will be done by a comparative perspective on both of these books. (shrink)

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that (...) a law enforcement officer file a petition for an Extreme Risk Protection Order. A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers, who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that widens the reporting circle in order to feed more potentially life-saving information into the system, mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights. (shrink)

In the past, for universities, the suggestion that they rather than other, commercial, actors should seek to control and profit from the results of research was hardly entertained at all, not least as in many cases these institutions jealously guarded their relative unconnectedness from the market.However, two political economic shifts have transformed this situation and the previous benign neglect of intellectual property in universities is unlikely to continue. On the commercial side, the increased share of value-added in many products has (...) focussed corporate managers on the issue of the ownership and exploitation of knowledge and information.On the other side, universities have themselves have been suffering varying, and in some cases quite extensive, pressure as regards their publicly funded budgets. Thus, in many developed and developing countries, encouraged by their own governments, and in the case of developing countries by international financial institutions, many universities have started to examine new ways of capitalising on their activities through market activities. This has led to many universities finding themselves torn between a norm of scientific community and the requirements to utilise their research-related resources as sources of income.This article explores this issues and concludes that the university’s most obvious competitive advantage is in the provision of publicly available knowledge and research; to become too like the corporate sector is to invite conversion into commercial actors. We already have quite enough commercial actors in the global information society; our attention must be focussed on maintaining and even expanding the realm of the public research institution by building on the many centuries of success universities have enjoyed in providing social goods. (shrink)