Take a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television—all are manufactured with brominated flame-retardants. Cosmetic ingredients, industrial chemicals, pesticides, and other compounds enter our bodies and remain briefly or permanently. Far too many suspected toxic hazards are unleashed every day that affect the development and function of our brain, immune system, reproductive organs, or hormones. But no public health law requires product testing of most chemical compounds before they enter the market. If products are deemed dangerous, toxicants must be forcibly reduced or removed—but only after harm has been done. In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.
This book develops a liberal theory of justice in exchange. It identifies the conditions that market exchanges need to fulfill to be just. It also addresses head-on a consequentialist challenge to existing theories of exchange, namely that, in light of new harms faced at the global level, we need to consider the combined consequences of millions of market exchanges to reach a final judgment about whether some individual exchange is just. The author argues that, even if we accept this challenge, the effect of it is minimal. For different reasons, normatively problematic collective market outcomes like externalities, monopolies, violations of the Lockean proviso, inequality, and commodification do not pose particular problems to the justice of market exchanges. He outlines the various conditions a market exchange needs to fulfill to be considered just from a liberal background and in light of the new harms. Ultimately, he shows, it is not the market which is to blame; if we want to tackle issues like global warming or global economic injustice, we should not blindly follow the intuition that we best restrain and regulate markets. Commutative Justice is unique in its focus on justice in exchange rather than on end-state distributive justice, and the way in which it addresses the new harms we are facing today. It will be of interest to researchers and advanced students in philosophy, politics, and economics who are working on questions of economic justice.
Do all animals have rights? Is it morally wrong to use mice or dogs in medical research, or rabbits and cows as food? How ought we resolve conflicts between the interests of humans and those of other animals? Philosophical inquiry is essential in addressing such questions; the answers given must have enormous practical importance. Here for the first time in the same volume, the animal rights debate is argued deeply and fully by the two most articulate and influential philosophers representing the opposing camps. Each makes his case in turn to the opposing case. The arguments meet head on: Are we humans morally justified in using animals as we do? A vexed and enduring controversy here receives its deepest and most eloquent exposition.
Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? This work provides an examination of court cases that shows how US law answers these questions.
An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
This treatise on the legal assessment of risks regarding toxic chemicals addresses the standards of evidence in legal proceedings and the regulatory decisions covering these chemicals.
In The Rules of Insanity, Carl Elliott draws on philosophy and psychiatry to develop a conceptual framework for judging the moral responsibility of mentally ill offenders. Arguing that there is little useful that can be said about the responsibility of mentally ill offenders in general, Elliott looks at specific mental illnesses in detail; among them schizophrenia, manic-depressive disorders, psychosexual disorders such as exhibitionism and voyeurism, personality disorders, and impulse control disorders such as kleptomania and pyromania. He takes a particularly hard look at the psychopath or sociopath, who many have argued is incapable of understanding morality. Making extensive use of psychiatric case histories, Elliott explores the various ways in which mental illness can affect a person's intentions and thus excuse him or her from moral responsibility.
This book presents a definition of terrorism that is broad and descriptive and much needed to prevent misunderstanding. The book identifies the features that make terrorism ‘wrong’, including coerciveness, the violation of rights and undermining of trust. Next, it evaluates reasons given for terrorism such as the protection of human rights and the liberation of oppressed groups as not normally justified. Following this, the book identifies and evaluates international responses to terrorism, taking into account General Assembly and Security Council resolutions, United Nations conventions and criminalization in international law. It also looks at national responses which often take the shape of surveillance, detention, interrogation, trials, targeted killings, intrusion and invasion. Finally, the book discusses how, if at all, the moral norms of personal morality apply to the actions of nation states.
Named a Best Book of the Year by The New Yorker and The Boston Globe An authoritative, illuminating, and deeply humane history of addiction—a phenomenon that remains baffling and deeply misunderstood despite having touched countless lives—by an addiction psychiatrist striving to understand his own family and himself “Carl Erik Fisher’s The Urge is the best-written and most incisive book I’ve read on the history of addiction. In the midst of an overdose crisis that grows worse by the hour and has vexed America for centuries, Fisher has given us the best prescription of all: understanding. He seamlessly blends a gripping historical narrative with memoir that doesn’t self-aggrandize; the result is a full-throated argument against blaming people with substance use disorder. The Urge is a propulsive tour de force that is as healing as it is enjoyable to read.” —Beth Macy, author of Dopesick Even after a decades-long opioid overdose crisis, intense controversy still rages over the fundamental nature of addiction and the best way to treat it. With uncommon empathy and erudition, Carl Erik Fisher draws on his own experience as a clinician, researcher, and alcoholic in recovery as he traces the history of a phenomenon that, centuries on, we hardly appear closer to understanding—let alone addressing effectively. As a psychiatrist-in-training fresh from medical school, Fisher was soon face-to-face with his own addiction crisis, one that nearly cost him everything. Desperate to make sense of the condition that had plagued his family for generations, he turned to the history of addiction, learning that the current quagmire is only the latest iteration of a centuries-old story: humans have struggled to define, treat, and control addictive behavior for most of recorded history, including well before the advent of modern science and medicine. A rich, sweeping account that probes not only medicine and science but also literature, religion, philosophy, and public policy, The Urge illuminates the extent to which the story of addiction has persistently reflected broader questions of what it means to be human and care for one another. Fisher introduces us to the people who have endeavored to address this complex condition through the ages: physicians and politicians, activists and artists, researchers and writers, and of course the legions of people who have struggled with their own addictions. He also examines the treatments and strategies that have produced hope and relief for many people with addiction, himself included. Only by reckoning with our history of addiction, he argues—our successes and our failures—can we light the way forward for those whose lives remain threatened by its hold. The Urge is at once an eye-opening history of ideas, a riveting personal story of addiction and recovery, and a clinician’s urgent call for a more expansive, nuanced, and compassionate view of one of society’s most intractable challenges.
This new edition of the authors' best-selling text explores the response to domestic violence today, not only by the criminal justice system, but also by social service and health care agencies. After providing a brief theoretical overview of the causes of domestic violence and its prevalence in our society and its causes, the authors cover such key topics as barriers to intervention, variations in arrest practices, the role of state and federal legislation, and case prosecution. Focusing on both victims and offenders, the book includes unique chapters on models for judicial intervention, domestic violence and health, and children and domestic violence.
An argument that the system of boards that license human-subject research is so fundamentally misconceived that it inevitably does more harm than good. Medical and social progress depend on research with human subjects. When that research is done in institutions getting federal money, it is regulated (often minutely) by federally required and supervised bureaucracies called “institutional review boards” (IRBs). Do—can—these IRBs do more harm than good? In The Censor's Hand, Schneider addresses this crucial but long-unasked question. Schneider answers the question by consulting a critical but ignored experience—the law's learning about regulation—and by amassing empirical evidence that is scattered around many literatures. He concludes that IRBs were fundamentally misconceived. Their usefulness to human subjects is doubtful, but they clearly delay, distort, and deter research that can save people's lives, soothe their suffering, and enhance their welfare. IRBs demonstrably make decisions poorly. They cannot be expected to make decisions well, for they lack the expertise, ethical principles, legal rules, effective procedures, and accountability essential to good regulation. And IRBs are censors in the place censorship is most damaging—universities. In sum, Schneider argues that IRBs are bad regulation that inescapably do more harm than good. They were an irreparable mistake that should be abandoned so that research can be conducted properly and regulated sensibly.
This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.
In The Moral Dimensions of Human Rights, Carl Wellman takes a broad approach to human rights by discussing all three types - moral, international, and national -at length. At the same time, Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.
The world is awash in chemicals created by fellow citizens, but we know little to nothing about them. Understanding whether even the most prevalent ones are toxic would take decades. Many people have tragically suffered serious diseases and premature death, including children during development. Why has this occurred? Many factors contribute, but two important ones are the laws permitting this and the manner in which science has been used to identify and assess whether or not products are toxic. Both are the outcome of legislative, corporate, and judicial choices. Congress created laws that in fact keep public health officials and the wider population in the dark about the toxicity of virtually all substances other than prescription drugs and pesticides. Facing considerable ignorance about toxic substances, impartially motivated scientists seeking to protect the public health are constrained by the natural pace of studies to reveal toxic effects. Corporate pressures on public health officials and scientific obstruction substantially heighten the barriers to protecting the public. When people have suffered serious as well as life-threatening diseases likely traceable to toxic substances, judicial errors barring relevant science in the personal injury (tort) law can and have frustrated redress of injustices. Under both public health law and the tort law, there are possibilities for improved approaches, provided public leaders make different and better choices. This book describes these issues and suggests how we could be better protected from myriad toxic substances in our midst.
Imaging of the Breast, by Drs. Lawrence Bassett, Mary Mahoney, Sophia Apple, and Carl D'Orsi, enables you to more accurately interpret the imaging findings for even your most challenging cases. A comprehensive look at breast imaging, it correlates radiologic images with pathology slides to strengthen the accuracy of your diagnosis. This entry in the Expert Radiology Series also addresses topics such as appropriateness criteria for various imaging approaches, the BI-RAD quality assessment and reporting tool, and image-guided interventional procedures. Confidently interpret breast imaging findings by looking at how various radiologic presentations correlate with pathology studies. Make the best imaging decisions with comprehensive coverage of the appropriateness criteria for various imaging modalities. Comply with accepted reporting standards thanks to in-depth information on Breast Imaging-Reporting and Data System. Enhance your interventional radiology skills with detailed guidance of these techniques. View breast pathology clearly with full-color images throughout.
Winner of the 2005 Outstanding Book Award presented by the Crime and Juvenile Delinquency Division of the Society for the Study of Social Problems This is the first comprehensive, accessible, and integrative overview of postmodernism's contribution to law, criminology, and social justice. The book begins by reviewing the major contributions of eleven prominent figures responsible for the development of French postmodern social theory. This "first" wave includes Roland Barthes, Jean Baudrillard, Hélène Cixous, Gilles Deleuze, Jacques Derrida, Michel Foucault, Félix Guattari, Luce Irigaray, Julia Kristeva, Jacques Lacan, and Jean-François Lyotard. Their respective insights are then linked to "second" wave scholars who have appropriated their conceptualizations and applied them to pressing issues in law, crime, and social justice research. Compelling and concrete examples are provided for how affirmative and integrative postmodern inquiry can function meaningfully in the world of criminal justice. Topics explored include confinement law and prison resistance; critical race theory and a jurisprudence of color; media/literary studies and feminism; restorative justice and victim-offender mediation processes; and the emergence of social movements, including innocence projects and intentional communities.
- NEW! An ebook version is included with print purchase. The ebook allows you to access all the text, figures, and references, with the ability to search, customize content, make notes and highlights, and have content read aloud. Plus, it includes prescriptions for oral diseases, differential diagnosis of clinical cases, and practice questions. - Updated content on the latest breakthroughs in oral squamous cell carcinoma treatment, HPV, and molecular pathology addresses some of today's leading topics in oral pathology research.
The rise of classic Euro-American philosophy of technology in the 1950s originally emphasized the importance of technologies as material entities and their mediating influence within human experience. Recent decades, however, have witnessed a subtle shift toward reflection on the activity from which these distinctly modern artifacts emerge and through which they are engaged and managed, that is, on engineering. What is engineering? What is the meaning of engineering? How is engineering related to other aspects of human existence? Such basic questions readily engage all major branches of philosophy --- ontology, epistemology, ethics, political philosophy, and aesthetics --- although not always to the same degree. The historico-philosophical and critical reflections collected here record a series of halting steps to think through engineering and the engineered way of life that we all increasingly live in what has been called the Anthropocene. The aim is not to promote an ideology for engineering but to stimulate deeper reflection among engineers and non-engineers alike about some basic challenges of our engineered and engineering lifeworld.
The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women's rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to rights.
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