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.

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.

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)

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)

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)