Patient narrative: an ‘on-switch’ for evaluating best interests

This article examines how the wishes, feelings, values and beliefs of adults lacking capacity can be evaluated and the extent to which they are given effect in best interests decision-making. One way of fulfilling the clinician’s legal responsibilities to take a patient’s preferences into account is to explicitly link these to the notion of narrative. Narratives provide a compelling grounding and give weight to views and values that may have been informally and consistently expressed in the past. An evaluation of recent case law suggests that the trajectory of a person’s life, their character and personality, and the perspectives of those with whom the patient has valued relationships are given increasing judicial recognition. Attending to the narrative of the patient could lead to a more sophisticated judgement of best interests than an objective ‘balance sheet’ approach would allow and enable greater alignment with the UN Convention on the Rights of Persons with Disabilities.     

The Nature of Law and Potential Coercion

This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coercion‐apt. The “coercion‐aptness” of law is clarified, in part, by appealing to an essential distinction between law and morality: Whereas it can be reasonable for the law to appeal to coercive means in order to motivate compliance, it seems decidedly unreasonable for morality to do so.     

Helen Taylor’s work for land nationalisation in Great Britain and Ireland 1879–1907: women’s political agency in the British Victorian land movement

This article explores the contribution made by Helen Taylor to the Victorian land reform movement, 1879–1890. It concentrates on her political agency after 1882 to evidence that the importance of Taylor was three-fold. She was a leading activist in all land reforming groups and drew large audiences; she had independent means which enabled her to fund the organisations she was involved in and exert influence on them; and her background as John Stuart Mill’s step-daughter and intellectual collaborator put her in the position of being able to introduce the leading players in the 1880s land campaigns to one another. Taylor introduced Henry George and Michael Davitt to the leadership of the British land movement and thus enabled their involvement. Davitt’s and George’s importance in British land campaigns has been documented by historians but the woman who was instrumental in facilitating their involvement has been largely forgotten.     

The Scientific and the Social in Implementing Atkins v. Virginia

Atkins v. Virginia (2002) categorically exempts intellectually disabled defendants from execution, yet some constitutionally suspect punishments suggest a gap between law and practice. This article moves beyond critiquing Atkins’ formal implementation to provide a decentered analysis of the Atkins gap focused on the category of intellectual disability. It explores how drawing boundaries around intellectual disability in capital cases requires law to grapple with fluid scientific and social constructs through a study of how courts operationalize intellectual disability in capital cases. It draws from literatures considering the construction of intellectual disability and law's relationship to the scientific and the social and finds that this intersection first enables a conceptual disconnect between scientific and legal constructions of intellectual disability and, second, invites the use of stereotypes to inform the category. These processes undermine Atkins’—and other categorical exemptions’—ability to functionally limit extreme punishments and also reveal law as mutually constitutive.     

Rethinking dependency and development between international and indigenous non-governmental organisations

This article presents a case study detailing how the Netherlands-based international NGO Terre Des Hommes (TDH) works with and impacts the indigenous Tanzanian NGO Umoja wa Maendeleo ya Bukwaya (UMABU) and the Bukwaya region that UMABU serves. The article illustrates how indigenous agency and autonomy are actualised within relationships where indigenous over-reliance and dependency are connected to Western aid organisations. The paper proposes that dependent relationships between Southern and Northern NGO partners can be negotiated by indigenous leaders in order to disseminate resources for development in indigenous communities to a greater extent than previously imagined by Western donor agencies.