In most Western European countries and North America, strategies to contain the spread of AIDS have emphasized civil liberties. This may be due more to the epidemiology of the disease than to moral progress.

The issue of detention as a tuberculosis control measure has resurfaced following the prolonged detention of a patient with an extensively drug-resistant strain of tuberculosis in a prison cell in Arizona, and the attempted detention in Italy and subsequent detention in Atlanta, Georgia of an American sufferer thought to have XDR-TB in May 2007. These cases have reignited the debate over the evidence that supports detention policy in the control of tuberculosis, and its associated legal and ethical ramifications. This paper (...) considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public, and discusses the need for strengthening evidencebased assessments of public health risk. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

ABSTRACT If we have a duty not to infect others, how far does it go? This question is often discussed with respect to HIV transmission, but reflection on other diseases like influenza raises a number of interesting theoretical issues. I argue that a duty to avoid infection not only yields requirements for persons who know they carry a disease, but also for persons who know they are at increased risk, and even for those who definitely know they are completely healthy. (...) Given the numerous ways in which human interaction facilitates the spread of communicable diseases, a maximum level of precaution would be very demanding – possibly unreasonably demanding. The ‘over‐demandingness problem’ is mostly invoked as a criticism of utilitarianism, as this theory requires moral agents to always maximise general welfare, even at significant cost for themselves. However, I argue that, with respect to precautions against infectious diseases like influenza, utilitarianism is able to avoid the over‐demandingness problem. A contractualist account, on the other hand, whilst able to explain how one's obligations to avoid infection can be limited, given that other persons have opportunities and responsibilities to protect themselves, in the end requires precautions that raise the over‐demandingness problem. (shrink)

This paper takes its departure from the Interpersonal Addition Theorem. The theorem, by John Broome, is a re-formulation of the classical result by Harsanyi. It implies that, given some seemingly mild assumptions, the overall utility of an uncertain prospect can be seen as the sum of its individual utilities. In sections 1 and 2, I discuss the theorem’s connection with utilitarianism and in particular the extent to which this theorem still leaves room for the Priority View. According to the latter, (...) the utilitarian approach needs to be modified: Benefits to the worse off should count for more, overall, than the comparable benefits to the better off.Broome and Jensen have argued that the Priority View cannot be seen as a plausible competitor to utilitarianism: Given the addition theorem, prioritarianism should be rejected for measurement-theoretical reasons. I suggest that this difficulty is spurious: The proponents of the Priority View would be well advised, on independent grounds, to reject one of the basic assumptions on which the addition theorem is based, the so-called Principle of Personal Good for uncertain prospects.According to the Principle of Personal Good, one prospect is better than another if it is better for everyone or at least better for some and worse for none. That the Priority View, as I read it, rejects this welfarist intuition may be surprising. Isn’t welfarism a common ground for prioritarians and utilitarians? Still, as I argue, this welfarist common ground is better captured by a restricted Principle of Personal Good that is valid for *outcomes*, but not necessarily for uncertain prospects. We obtain this surprising result if we take the priority weights imposed by prioritarians to be relevant only to *moral*, but not to *prudential*, evaluations of prospects. This makes it possible for a prospect to be morally better even though it is worse for everyone concerned. The proposed interpretation of the Priority View thus drives a sharp wedge between prudence and morality. (shrink)

Cardiff Law School, Museum Avenue, Cardiff CF10 3AX, UK. Tel: +44(0)2920875447, Fax: +44(0)2920874097; Email: Holms{at}cardiff.ac.uk ' + u + '@' + d + ' '//--> Abstract The paper presents a brief overview of current knowledge about (i) the link between parental behaviour and lifestyle and childhood obesity, (ii) the many other factors influencing overweight and obesity rates in children and (iii) the effectiveness of interventions in children who are already overweight and obese. On the basis of this, it is analysed (...) to what extent it is meaningful to attribute causal and moral responsibility to parents in theory and in practice. It is argued that although there is a sense in which many parents are causally and morally responsible for the obesity of their children, most parents are not blameworthy and the attribution of parental responsibility in most cases does not justify intervention in the family context by society on behalf of the children. In the analysis of the possible justification of more general interventions, parallels are drawn to the distinction between hard and soft forms of paternalism. Train up a child in the way he should go; and when he is old, he will not depart from it. (Proverbs 22: 6) For I have told him that I will judge his house for ever for the iniquity which he knoweth; because his sons made themselves vile, and he restrained them not. 1. (Samuel 3: 13) CiteULike Connotea Del.icio.us What's this? (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

I begin, in section 1, with a presentation of the Interpersonal Addition Theorem. The theorem, due to John Broome (1991), is a re-formulation of the classical result by Harsanyi (1955). It implies that, given some seemingly mild assumptions, the overall utility of an uncertain prospect can be seen as the sum of its individual utilities. In sections 1 and 2, I discuss the theorem's connection with utilitarianism and in particular consider its implications for the Priority View, according to which benefits (...) to the worse off count for more, in terms of overall utility, than comparable benefits to the better off (cf. Parfit 1995 [1991]). Broome (1991) and Klint Jensen (1996) have argued that, in view of the Interpersonal Addition Theorem, the Priority View should be rejected for measurement-theoretical reasons. Therefore, it cannot be seen as a plausible competitor to utilitarianism (cf. section 1). I will suggest, however, that a proponent of the Priority View would be well-advised, on independent grounds, to reject one of the basic assumptions on which the Addition Theorem is based. I have in mind the so-called Principle of Personal Good for uncertain prospects (cf. sections 4 and 5). If the theorem is disarmed in this way, then, as a side benefit, the Priority View will avoid the afore-mentioned problems with measurement. (shrink)

How are we individually and as a society to handle new and emerging technologies? This challenging question underlies much of the bioethical debates of modern times. To address this question we need suitable conceptions of the new technology and ways of identifying its proper management and regulation. To establish conceptions and to find ways to handle emerging technologies we tend to use analogies extensively. The aim of this article is to investigate the role that analogies play or may play in (...) the processes of understanding and managing new technology. More precisely we aim to unveil the role of analogies as analytical devices in exploring the "being" of the new technology as well the normative function of analogies in conceptualizing the characteristics and applications of new technology. Umbilical cord blood biobanking will be used as a case to investigate these roles and functions. (shrink)

The issue of detention as a public health control measure has attracted attention recently. This is because the threat of strains of tuberculosis that are resistant to a wider range of drugs has been identified, and there is renewed concern that public health is threatened. This paper considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public. We discuss the need for strengthening evidence-based assessments of public health (...) risk and suggest that we should refect more profoundly on the philosophical foundations upon which our policies and practices are grounded. (shrink)