A capability approach has been proposed to risk analysis, where risk is conceptualized as the probability that capabilities are reduced. Capabilities refer to the genuine opportunities of individuals to achieve valuable doings and beings, such as being adequately nourished. Such doings and beings are called functionings. A current debate in risk analysis and other fields where a capability approach has been developed concerns whether capabilities or actual achieved functionings should be used. This paper argues that in risk analysis the consequences (...) of hazardous scenarios should be conceptualized in terms of capabilities, not achieved functionings. Furthermore, the paper proposes a method for assessing capabilities, which considers the levels of achieved functionings of other individuals with similar boundary conditions. The capability of an individual can then be captured statistically based on the variability of the achieved functionings over the considered population. (shrink)

Since the Supreme Court upheld the partial birth abortion ban in 2007, more U.S. abortion providers have begun performing intraamniotic digoxin injections prior to uterine dilation and evacuations. These injections can cause medical harm to abortion patients. Our objective is to perform an in-depth bioethical analysis of this procedure, which is performed mainly for the provider’s legal benefit despite potential medical consequences for the patient.

Marion Godman makes the argument that Pathological Withdrawal Syndrome (PWS) makes the case for psychiatric disorders as a natural kind. Godman argues that we can classify kinds according to their shared ‘grounding’, but we need not know what the grounding is to know that the natural is a natural kind. However, I argue that Godman erroneously classifies PWS as its own natural kind when it is in fact a variant of depression, which is its own natural kind. Cooper highlights culture-bound (...) syndromes, which can explain the discrepancy between the different diagnosis rates for psychiatric disorders among different cultures. Taking culture-bound syndromes into account, I conclude that PWS is a type of depression that is culture-specific. (shrink)

Pressure and influences on school leaders as school policy makers during COVID-19 have made the task of interpreting, translating and implementing guidance more a complex and essential operation. School leaders need to prioritise and balance ever-changing government policy advice, against limitations of school buildings, the welfare of students and staff as well as the needs of the communities their schools serve. By surveying and interviewing headteachers, senior leaders and governors, this paper identifies the inputs school leaders have had to react (...) and respond to when creating policy in the context of COVID-19. The paper addresses the nature of, and factors affecting, pressures school leaders feel in authoring policy. The considerable challenges school-based policy makers face in implementing social distancing policy are non-trivial and increase tension to what is already highly stressful work. The report draws on data collected from a randomised, stratified sample of primary and secondary school leaders from across England in early June 2020, during the time of social distancing and school closure for most students. Findings suggest quality, quantity and frequency of top-down communication have contributed to school leader stress, while horizontal communication and collaboration between school leaders and across school communities helped to support leaders during rapid change. We recommend government and the education sector address communication, collaboration and change, to harness the challenges and opportunities identified by school leaders during the COVID-19 pandemic. (shrink)

Bioethics journals have lagged behind medical and science journals in exploring the threat of conflict of interest (COI) to the integrity of publications. Some recent discussions of COI that have occurred in the bioethics literature are reviewed. Discussions of what has been termed the ?Healy affair? unintentionally demonstrate that the direct and indirect influence of undisclosed COI may come from those who call for protection from the undue influence of industry. Paradoxically, the nature and tone of current discussions may (...) serve to dull sensitivities to what is indeed a serious set of issues facing bioethics. Some proposals are presented to address COI and other challenges to the integrity of bioethics and its journals. COI is too important a topic to be left to ideologues, and there is no substitute for readers' caution and skepticism as tools in dealing with the full range of biases that exist in published papers. (shrink)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

With her new book, The Conceptual Foundations of Transitional Justice, Colleen Murphy has advanced novel, comprehensive and sophisticated philosophical accounts of both what severely conflict-ridden societies should be aiming for and how they should pursue it. Ultimately grounded on a prizing of rational agency, Murphy maintains that these societies, roughly, ought to strive for a stable and legitimate democratic polity committed to not repeating gross historical injustice and do so in ways that do right by victims. In this article, (...) I argue, contra Murphy, that achieving democratic rights to political participation should not be considered an essential aim of transitional justice, and that, in contrast, doing right by victims should be considered an essential aim of it, not merely an appropriate means to achieving other aims. In addition, I highlight an issue downplayed in Murphy’s book, namely, the need to make trade-offs amongst the aims of transitional justice, which becomes particularly pressing upon accepting that doing right by victims is one of them. (shrink)

The central claim of the volume in which this chapter appears (*Fermented Landscapes*, ed. Colleen C. Myles, Univ. of Nebraska Press 2020) is that the chemical process of fermentation supplies an apt metaphor for understanding certain kinds of landscape change. The kinds of landscape change in question are, fortuitously, those often occasioned by commercial processes centered around fermentation itself: the commercial production of beer, wine, spirits, cider, cheese, and related fermented products. But what makes this metaphor apt? Which kinds (...) of landscape change are most fruitfully conceptualized as exhibiting “fermentation,” and how do they differ from other sorts of landscape change? What is it about fermentation-centered industries that effects fermentation-modeled landscape change, and when (if ever) do these industries contribute to other, different forms of landscape change? Is there any essential reason why fermentation-centered industries should create in their environs processes of transformation usefully characterized in terms of ferment? Or is this little more than a happy linguistic coincidence? In short: how much mileage do we get from this metaphor? This chapter offers a number of considerations germane to an evaluation of the “fermented landscapes” research paradigm—considerations to which readers may wish to remain alert as they study the contributions in this volume. (shrink)

This essay is my review of Colleen Dyble’s book, Taming Leviathan: Waging a War of Ideas around the World. Dyble is affiliated with the legendary classical liberal British think tank, the Institute of Economic Affairs. Her anthology is a collection of essays by people around the world who have been involved with similar free-market think tanks in countries with historically statist economic systems. These writers include Greg Lindsay, founder of the Center for Independent Studies in Australia; Margaret Tse, of (...) the Instituto Liberdade in Brazil; Michael Walker, co-founder of the Fraser Institute in Canada; Cristian Larroulet, of Libertad y Desarrollo in Chile; Giancarlo Ibarguen, of the Center for Economic and Social Studies in Guatemala (which actually founded a free-market-oriented university); Parth Shah, founder of the Center for Civil Society in India; Daniel Doron, co-founder of the Israeli Center for Social and Economic Progress; Alberto Mingardi, of the Instituto Bruno Leoni in Italy; Masaru Uchigama, founder of the Japanese for Tax Reform; Elena Leontjeva, co-founder of the Lithuanian Free Market Institute; Alexander Magno, co-founder of the Foundation for Economic Freedom in the Philippines; and last, Leon Louw, of the Free Market Foundation of South Africa. I then discuss seven important reasons why classical liberal think tanks are so important in modern societies. (shrink)