What Is The Wrong Of Wrongful Disability? From Chance To Choice To Harms To Persons

The issue of wrongful disability arises when parents face the choice whether to produce a child whose life will be unavoidably flawed by a serious disease or disorder (Down syndrome, for example, or Huntington’s disease) yet clearly worth living. The authors of From Chance to Choice claim, with certain restrictions, that the choice to produce such a child is morally wrong. They then argue that an intuitive moral approach––a “person-affecting” approach that pins wrongdoing to the harming of some existing or future person––cannot account for that wrong since the choice to produce such a child cannot, under the logic of the nonidentity problem, harm that child. The authors propose that we supplement the person-affecting approach with an “impersonal” principle that takes the form of their well-known principle N. In this paper, I argue that the authors are mistaken to suppose that a plausibly articulated person-affecting approach cannot account for the wrong of wrongful disability. We can retain an intuitive, comparative, “worse for” account of harm and still identify serious harms imposed by the choice of wrongful disability. In particular, I argue that harm, both to the impaired child and to others, comes not in the form of that procreative choice’s procreative effect but rather in the form of its many distributive effects. I also argue that the rare, residual case in which a person-affecting approach would approve of the choice of wrongful disability does not function as a counterexample to that approach. As a separate matter, I address legal claims for wrongful disability, which are closely akin to claims for wrongful life. The legal claim is brought by the impaired child, not against the parents, but rather against health care providers whose negligent failure to diagnose or inform parents of an increased risk of a genetic or congenital impairment results in the birth of the impaired child. The authors’ treatment of the moral wrong that is done as impersonal in nature suggests that courts are correct to dismiss any such claim. Once we identify harm, however, the person-affecting approach can identify a clear foundation in the law for the wrongful disability claim.     

Assisting the Factually Innocent: The Contradictions and Compatibility of Innocence Projects and the Criminal Cases Review Commission

The Criminal Cases Review Commission (CCRC) was the first publiclyfunded body created to investigate claims of wrongful conviction,with the power to refer cases to the Court of Appeal. In othercountries, such as Australia, Canada and the United States,many regard the CCRC as the optimal solution to wrongful convictionand, for years, Innocence Projects in these countries have calledfor the establishment of a CCRC-style body in their own jurisdictions.However, it is now Innocence Projects which are being introducedin England and Wales to try to assist applicants who are innocentbut convicted. This article reviews why the CCRC was created,discusses the role of factual innocence within this body andwithin the criminal justice system generally and explores whyInnocence Projects are being created in England and Wales, despitethe presence of the CCRC. It explains how these different organizationsmay work together to assist factually innocent people who havebeen wrongly convicted, and the role Innocence Projects mayplay generally in criminal justice reform and legal education.     

Psychopathy among prisoners in England and Wales

Most research into psychopathy among prisoners is based on selected samples. It remains unclear whether prevalences are lower among European populations. This study aimed to measure the prevalence of psychopathy, and the distribution and correlates of psychopathic traits in a representative national sample of prisoners. Psychopathy was measured using the revised Psychopathy Checklist (PCL-R) in a second stage, cross-sectional survey of prisoners in England and Wales in 1997 (n = 496). Poisson regression analysis was carried out to examine independent associations between correlates and PCL-R total and factor scores. The prevalence of categorically diagnosed psychopathy at a cut off of 30 was 7.7% (95%CI 5.2–10.9) in men and 1.9% (95%CI 0.2–6.9) in women. Psychopathic traits were less prevalent among women. They were correlated with younger age, repeated imprisonment, detention in higher security, disciplinary infractions, antisocial, narcissistic, histrionic, and schizoid personality disorders, and substance misuse, but not neurotic disorders or schizophrenia. The study concluded that psychopathy and psychopathic traits are prevalent among male prisoners in England and Wales but lower than in most previous studies using selected samples. However, most correlates with psychopathic traits were similar to other studies. Psychopathy identifies the extreme of a spectrum of social and behavioral problems among prisoners.     

Ten “Rs” of Social Reaction: Using Social Media to Analyse the “Post-Event” Impacts of the Murder of Lee Rigby

This article provides a case study analysis of social reactions to the murder of Fusilier Lee Rigby in 2013. Informed by empirical data collected by systematic monitoring of social media platforms, the analysis identifies a number of online behaviours with offline effects—labeled the ten “Rs”—that collectively constitute the process of social reaction to the crime. These are defined as: reporting; requesting; responding; recruiting; “risking”; retaliating; rumouring; remembering; reheating; and “resiliencing”. It is argued that the ability to observe these behaviours through the application of qualitative social media analysis has considerable potential. Conceptually, the analysis provides new insight into the complex and chaotic processes of sense-making and meaning attribution that arise in the aftermath of terrorist attacks. It illuminates how patterns of social reaction on social media are nuanced and complicated, with different segments of the public interpreting the same developments very differently. In addition, the findings and the conceptual framework outlined have implications for policy and practice development in terms of establishing a more effective and evidence-based approach to the consequence management of “post-event” conflict dynamics and social reactions.     

Economic Policy,Political Constraints,and Foreign Direct Investment in Developing Countries

As foreign direct investment (FDI) has become increasingly important in the world economy, a large body of literature has emerged regarding the determinants of FDI flows. Some scholars argue that democracy attracts FDI through the mechanism of political constraints, which reduce the risk of negative policy changes. However, the value of policy stability should be conditional on the attractiveness of contemporary FDI-relevant policies. I therefore propose a theoretically more comprehensive argument: political constraints are attractive to investors when the host country policy environment is FDI-friendly, because these political constraints reduce the probability of negative policy changes in the future. When the policy environment is hostile to FDI, on the other hand, political constraints will have little positive effect, and, to the extent they indicate that FDI-relevant policies are unlikely to improve, may even deter FDI. This argument helps explain why the positive relationship between democracy and FDI seems to emerge after a global shift toward FDI-friendly polices. I find robust empirical support for the argument in tests covering more than 100 developing countries from 1970 to 2014, indicating significant effects using a variety of policy and political constraint measures.     

Damned If You Do and Damned If You Don’t: Title VII and Public Employee Promotion Disparate Treatment and Disparate Impact Litigation

What has been the impact of the U.S. Supreme Court’s 2009 decision in Ricci v. Destefano on the selection and promotion practices of public employers?; Relying solely on circumstantial evidence, the Supreme Court held that the Civil Service Board of New Haven, Connecticut, had engaged in Title VII disparate treatment discrimination by refusing to certify the results of a promotion examination that led, in turn, to a disparate impact on African American firefighters. To limit the discretion of public employers to disregard such selection and promotion exam results, the Ricci majority held that a public employer must “have a strong basis in evidence to believe it will be subject to disparate‐impact liability if it fails to the take the race‐conscious discriminatory action.” This article argues that the decision effectively prohibits public employers from rejecting the results of selection and promotion instruments, even though there is evidence that screening instruments inequitably affect protected groups. It also forces public employers to become more careful in developing selection and promotion examinations or face the possibility of costly Title VII litigation.     

Spanning “Bleeding” Boundaries: Humanitarianism,NGOs, and the Civilian‐Military Nexus in the Post–Cold War Era

How do nongovernmental (NGO), international (IO), and military organizations cope with their dependencies and address their perceptual and real differences in order to coordinate their field operations? This question is addressed through the creation of a matrix grouping civilian (NGOs and IOs) and military operations into four general types: peacekeeping; disaster relief; complex humanitarian emergencies/warfare; and stabilization and reconstruction. Second, using Galbraith's information processing approach to organizational design, a range of formal coordination mechanisms that organizations use at the strategic and operational levels to help them cope with their dependencies in different field operations is identified. Third, the author underscores how communities of practice are emerging as informal mechanisms of coordination among civilian and military organizations. And finally, a framework of organizational forms that views communities of practice as an alternative to hierarchy and markets is offered. Believing communities of practice hold the most promise for coordination in the human security domain when hierarchies are politically untenable and markets lack accountability, the author concludes with implications for interorganization coordination research and practice.     

Kunqu Opera In Nanjing

正Foreigners in China often pursue the passions. One person may collec antique snuff bottles, while anothe may seek out a prized Qing robe. One of th most compelling