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31.
Mulvenna B 《Medical law international》2004,6(2):163-182
The legality of pre-implantation genetic diagnosis (PGD) has recently been confirmed by the Court of Appeal in the Hashmi case, based on a purposive construction of the statute. The court went on to declare tissue typing lawful and strained the wording of the statute in order to do so. The Hashmi case confirms that it would be lawful for the HFEA to license tissue typing in the absence of PGD. However, the HFEA only licenses tissue typing where PGD is also indicated, on the basis of a blanket application of the welfare of the child test set out in S 13 (5). This policy can be criticised. Firstly, a blanket approach to S 13 (5) is not appropriate. Secondly, the HFEA is applying the test too strictly when compared to the 'best interests' test which would govern the situation were an existing child to be a potential donor. Thirdly, by licensing tissue typing in the Hashmi case, where it was the primary reason for testing, the HFEA has undermined the argument that it can be justified only in cases where it is ancillary to PGD. These arguments, coupled with human rights arguments, based on Art 8 and Art 12, could be used to challenge the legitimacy of the HFEA's policy. The restriction on tissue typing to cases where PGD is also indicated is not ethically justified. It offers the same direct benefit to the embryo as PGD, namely selection for implantation. PGD does not cure the relevant condition so offers no additional benefit in a causative sense. Moreover, the Kantian injunction against treating people solely as means is not breached where the child will be wanted for its own sake, as well as for its potential as a cord blood donor. 相似文献
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Beverley Brown 《Law and Critique》1990,1(1-2):131-154
34.
E. J. Kistin P. J. Ashton A. Earle D. Malzbender M. J. Patrick A. R. Turton 《International Environmental Agreements: Politics, Law and Economics》2009,9(1):1-21
Southern Africa is at a pivotal point in time for transboundary water cooperation. The number and extent of coverage of existing
international water agreements and joint management institutions merits cautious optimism about future water management in
the region. Yet, taken alone, a numerical account of water treaties reveals little about the context in which the agreements
were negotiated, the nature of the rules and regulations adopted, or the influence of the agreements in addressing problems
or enhancing joint governance. Drawing on a database containing all the international freshwater agreements entered into between
South Africa and its neighbours since 1910, this article examines trends in the articulation of these treaties and discusses
the implications of the rules and regulations they embody. Specific consideration is given to issues of information sharing,
water allocation and organizations. This analysis is a first step towards understanding the impact of existing agreements,
identifying opportunities for the negotiation of new treaties and enhancing existing systems.
相似文献
A. R. TurtonEmail: |
35.
Stephen Porter Ph.D. Naomi L. Doucette Michael Woodworth Jeff Earle Bonnie MacNeil 《Legal and Criminological Psychology》2008,13(1):27-38
Purpose. This study examined the verbal and non‐verbal behaviours exhibited by criminal offender and non‐offender participants while they related planned truthful and deceptive accounts about emotional autobiographical events. Methods. In a 2 × 2 (participant group × veracity) quasi‐experimental design, offenders (N = 27) and university students (N = 38) provided videotaped accounts of four autobiographical emotional events: two honest and two fabricated (counterbalanced). Patterns of behaviour exhibited during the truthful and the deceptive accounts were then compared. Results. In general, offenders and non‐offenders showed similar patterns of deceptive behaviour. Deceptive accounts by both groups contained fewer details than honest accounts. Deception was associated with an increase in illustrator usage and self‐manipulations; however, univariate analyses indicated only that offenders exhibited significantly more self‐manipulations when lying. A significant interaction emerged in which offenders showed a reduction in smiles when lying about the emotional events, while students showed no difference. Conclusions. Offenders and students showed similar patterns of lying on most cues. However, unlike non‐offenders, offenders smiled less and showed an increase in self‐manipulations when lying. We theorize that offenders may have been aware that smiling and laughing are negatively related to perceived credibility in the speaker and used self‐manipulations to distract listeners from the content of their lies. 相似文献
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Beverley Skeggs 《Feminist Legal Studies》2010,18(1):29-51
Many theorists have charted for some time how capital extends its lines of flight into new spaces, creating new markets by
harnessing affect and intervening in intimate, emotional and domestic relationships, and into bio-politics more generally.
Feminists have known for a long time that women’s ‘domestic’ labour has been central to the reproduction of capital but that
it has been made invisible, surplus and naturalised and is rarely taken into account in theories of value. Yet we are now
in a bizarre historical moment wherein a format has emerged (reality television) in a major capitalist industry (the media)
that is premised upon spectacularly visualising women’s labour in all its forms, especially through its focus on relationships,
dispositions and emotional performance. Drawing on an ESRC research project, ‘Making Class and the Self through Mediated Ethical
Scenarios’, this paper demonstrates how very different spheres of exchange—economy and affect—have come together, offering
possibilities for fusing calculation and care. This process bears remarkable similarity to the legal adjudication of property
and propriety in intimate relationships. Yet the paper shows how, as attempts are made to commodify affect, it is precisely
affect that exposes and disrupts exchange and enables reality television as a technology of affect to visualise the different
types of person-value that are constituted through class and gender relations. 相似文献
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40.
William Earle Klay 《国际公共行政管理杂志》2013,36(7):945-967
Public personnel administration is confronted by three intertwined dilemmas. Responsiveness to political leadership is essential to a democracy. Yet placing responsibility for personnel administration in the hands of political appointees introduces a transcience that is incompatible with a sustained commitment to organizational improvement through applications of the behavioral sciences. Vesting careerists with personnel administration authority is the best way to address the three dilemmas. Doing so will require a rapprochement with political leaders, one that establishes a normative orientation to personnel administration in which responsiveness to policy leadership is asserted along with other essential values associated with public service. 相似文献