The Economic Efficiency and Equity of Abortion

1990 ◽  
Vol 6 (1) ◽  
pp. 95-138 ◽  
Author(s):  
Thomas J. Meeks

On the face of it, the protracted public controversy over abortion in the United States and elsewhere might seem to rest on intractable normative questions inaccessible to economic analysis. But an influential early essay in the now sizable philosophical literature on the subject suggests otherwise. Judith Jarvis Thomson (1971) disarmingly inclined toward the view that “the fetus has already become a human person well before birth”,. presumably with all the rights pertaining thereto. She denied, however, that such rights necessarily include use of the mother's womb until birth. To illustrate her point, she compared the mother's situation to that, for example, of an unwilling Good Samaritan with a uniquely suited blood type, who is forced to share a kidney for 9 months with a famous, ailing violinist who needed its use for that duration to recover. Even if the life of a human being was at stake, the assertion of rights for the violinist or the fetus, she argued, would be too degrading for either the Good Samaritan's or the mother's status as a person, where large unwanted sacrifices would be required. Reduced to its economic essentials, the argument is that the mother has property rights to her own body, including the right to expel a “trespasser”. who would die as a consequence. Thus, the antiabortion position is neatly undercut by granting its major premise (the humanity of the fetus) while denying its conclusion.

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.


2020 ◽  
Vol 23 (9) ◽  
pp. 28
Author(s):  
Greice Patricia Fuller ◽  
Danielle De Mello Basso

 RESUMOO artigo analisa tema atual em face dos 30 anos da Constituição Federal brasileira, qual seja, o microchip humano, abordando aspectos técnicos, como sua formação e forma de implantação, bem como os reflexos de sua utilização para o mundo jurídico. O trabalho apresenta a existência de vulnerabilidade à Constituição Federal Brasileira de 1988 quando do uso do microchip humano, em face de dados pessoais, apontando a tendência à violação do direito à intimidade, privacidade, honra e imagem, caso os mesmos sejam comercializados ou disponibilizados sem a devida autorização do seu proprietário, demonstrando a possibilidade de responsabilização a quem causar prejuízo por infração ao princípio da dignidade da pessoa humana. O estudo utiliza o método dedutivo, com base em pesquisa bibliográfica, bem como doutrinária e legislativa, acrescida de análise de artigos jurídicos sobre o tema.Palavras chave: Microchip humano; princípio da dignidade da Pessoa Humana; sociedade da informação. ABSTRACT This paper analyzes current theme in the face of the 30 years of the Brazilian federal constitution, namely the human microchip, approaching from technical aspects, such as its formation and form of implantation, as well as the consequences of its use for the legal world. It presents the existence of vulnerability to the Brazilian Federal Constitution of 1988 when using the human microchip, in the face of personal data, pointing to the tendency to violate the right to privacy, privacy, honor and image if they are marketed or made available without the proper authorization of their owner, demonstrating the possibility of accountability to those who cause harm by breaching the principle of the dignity of the human person. The study uses the deductive method, based on bibliographic research, as well as doctrinal and legislative, along with analysis of legal articles on the subject. Keywords: Human microchip; principle of the dignity of the Human Person; information society.


Lumen et Vita ◽  
2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Taylor Nutter

Rather than being of little practical importance, the metaphysical underpinnings of a given horizon determine the character of its existential problematic. With the breakdown of classical metaphysics concomitant with the modern turn to the subjective, the existential problematic of finitude as ultimate horizon arose. According to this subjective turn, the human person can no longer engage the world as though it were in itself constituted by transcendently grounded meaning and value. Standing within this genealogical lineage, Martin Heidegger undertook a phenomenological investigation into the existential constitution of the human person which defines authenticity in terms of finitude. For the early Heidegger, human life is essentially ‘guilty’. This guilt, however, is not the traditional cognizance of one’s sinfulness, but the foundational Nichtigkeit (‘nullity’) of life and its attendant possibilities in the light of the ultimate finality of death. Authenticity, then, consists of a resolute working out of one’s life in the face of such inevitable finality. For the later Heidegger, the finite horizon of a particular epochal disclosure gifts Being to thought and determines it thereby. Authenticity in this case consists of giving oneself over to be appropriated by an event of Being. In contrast, Lonergan understands authenticity as being true to that primordial love which beckons us to intellectual probity and responsibility in working out life’s possibilities. This essay will illustrate how Lonergan’s analysis of the intentional structure of human conscious operations stands as a corrective to Heidegger’s early existential analysis of human being-in-the-world and later thought about Being. While Lonergan defines authenticity as loving openness to transcendent Being, Heidegger, because of his forgetfulness of the subject in her conscious operations, does not allow for a transcendence which stands beyond any finite horizon. 


2016 ◽  
Vol 20 ◽  
pp. 92-108
Author(s):  
Kamil Weber

The candidates of the Democratic Party and the Republican Partyin the face of the socio-economic changes. An analysis based on the example of presidential elections of 2008 and 2012American society has been the subject of many changes in recent years. In this context, important was an increasing liberalization of communities of large cities. But also, as a response to this process, there could be seen a growing influence of the conservative Tea Party supporters. Changes in the national structure consisting of reducing the share of white community for African Americans and immigrants are also noticeable. Important implications also caused the recent economic crisis resulting in differentiation of the standard of living of different social groups. It is therefore interesting to analyze how two major American parties responded to these changes. The ground for such an analysis are especially presidential elections because of the importance that the head of state has in the policy of the United States.


2021 ◽  
Vol 30 (1) ◽  
pp. 107-130
Author(s):  
Kaara Martinez

The right to housing is a human right with broad but frequently overlooked implications, particularly in the urban environment. This difficulty is heightened in the context of what is known as the “financialization of housing”. Financialization involves the interconnections between global financial markets and housing, and, at the extreme, has prompted a climate in which housing is conceived less as a social good and more as a commodity. The result of the financialization turn is cities with a severe lack of affordable housing, a reality that is now a global phenomenon. This naturally leads to economic exclusions and displacements from cities, but, on a deeper level, also entails major collective consequences for the social and cultural fabric. Financialization thus threatens the right to housing in cities, particularly when the right is examined and understood in its full sense. And yet, cities have a duty to ensure the right to housing even in the face of financialization. Drawing on the jurisprudence of the Committee on Economic, Social and Cultural Rights through its individual communications procedure, the European Court of Human Rights, and domestic cases from South Africa and the United States, this paper aims to elucidate this duty of cities in the realm of housing. A substantive rather than purely procedural shape of protection for the right to housing is pushed, which deliberates the connections between housing and the wider societal context, and the implicated concerns of resources, property, and urban community. In present times, our appreciation of home as a necessary nexus of safety, comfort, and productivity has come to the fore, as have our fears around economic insecurity, forcing us to confront and closely interrogate the right to housing.


2016 ◽  
Vol 2016 ◽  
pp. 1-4
Author(s):  
Dominique Dilorenzo ◽  
Naganna Channaveeraiah ◽  
Patricia Gilford ◽  
Bruce Deschere

Nongenital HSV 1 presents outside the mucus membrane. Our patient had unusual presentation that caused diagnostic dilemma. 30-year-old native Nigerian female coming with fiancée to the United States presented to our service one day after arrival through ER with a lesion on her right ankle. She was diagnosed with cellulitis, started on antibiotics, and admitted to hospital. She had fever of 39.1°C. Head and neck exam showed multiple sized lesions over tongue and palate and inner aspect of lower lip. Abdomen and genital exam was normal. Skin exam showed lesions over the face and lesions over the lateral aspect of the right leg. There was ulcerated lesion over the right lateral malleolus with surrounding erythema and edema. Her tests showed elevated ESR of 98; HIV test was negative; CT scan of the ankle showed no abscess or osteomyelitis. TB quantiferon was indeterminate; AFB stain and culture were negative; HSV IgM was elevated at 1 : 16; RPR was negative; ANA was negative; malaria screen was negative, and blood cultures were negative for bacteria, fungus, and virus. Debrided wound had no growth of bacteria or fungus or virus. This case illustrates the unusual presentation of the HSV1 outside the mucus membrane and how it can be confused with other conditions that required extensive tests. Therapeutic trail with antiviral medications resolved lesions over the leg and face.


2015 ◽  
Vol 3 (1) ◽  
pp. 45-64
Author(s):  
Amy L. Fairchild

The practice of public health begins with surveillance, the identification of individuals with disease. But while not all efforts to monitor morbidity and mortality entail formal notification of individual cases, the name-based reporting of individuals always involves a breach of privacy. The pitched battles over surveillance that marked the first two decades of the AIDS epidemic and, indeed, more recent global debates over the reach of the surveillance state in the name of national security might suggest a kind of timeless, furious battle on the part of those who would be subject to surveillance to defend a 'right to be left alone.' But just as often, indeed, perhaps more often, citizens have claimed a right to be counted, demanding surveillance in the face of unknown health threats. In either case, however, in the United States, regardless of whether communities pushed for or against disease reporting, marked citizen engagement has shaped the politics of surveillance since the 1970s. To be sure, privacy was always at stake. But so, too, were what activists conceived of as the right to be counted and the right to know.


1978 ◽  
Vol 43 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Billie Daniel ◽  
Barry Guitar

A case report is presented of an attempt to increase muscle activity during non-speech and speech activities through surface electromyographic feedback. The subject, a 25-year-old male, had a surgical anastomosis of the seventh cranial to the twelfth cranial nerve five years prior to the initiation of this therapy. The right side of the face was immobile. Frequency analogs of muscle action potentials from the right lower lip during pressing, retraction, eversion, and speech were presented to the subject. His task was to increase the frequency of the tone thereby increasing muscle activity. The subject made substantial improvement in the gestures listed above. Electrodes also were placed in various infraorbital positions for an upper lip lifting task. This gesture was unimproved. Pre- and posttherapy independence of facial gestures from conscious tongue contraction was found. Possible explanations were proposed for (1) increases of muscle activity in the lower lip, (2) lack of change of MAPs in the upper lip, (3) independence of the facial muscle activity from conscious tongue contraction, and (4) effectiveness of this feedback training.


2015 ◽  
Vol 55 (3) ◽  
pp. 294-318
Author(s):  
Theodore Michael Christou

The work here explores the voices of Ontario's humanist educators, who advocated for the preservation of a curriculum theory rooted in faculty psychology, mental discipline, and the classics in the face of progressivist revisions to the province's public school organization. A great deal of scholastic sweat has been poured over the subject of progressive education, its meanings, and its purposes. Much less has been said about the critics of progressivist reform, who are referred to here as humanists; this term follows from the work of Herbert Kliebard, who characterized humanists as one of four competing interests in an epic struggle over the curriculum in the United States. Theodore Christou dubbed humanists “foils” to the progressivist reformers who succeeded in overturning Ontario'sProgrammes of Studyfor the public schools. Kliebard defined this group as:the guardians of an ancient tradition tied to the power of reason and the finest elements of the Western cultural heritage… to them fell the task of reinterpreting, and thereby preserving as best as they could, their revered traditions and values in the face of rapid social change and a burgeoning school system.


2020 ◽  
Vol 1 (2) ◽  
pp. 839-866
Author(s):  
Miguel A. Rapela

The modern plant breeding to obtain new plant varieties is based on genomic and phenomic selection generated through big data with millions of information points. In the face of such a quantity of data, it is necessary to use artificial intelligence to combine a complete vision and analysis of the problem through a human-computer interaction never addressed.The use of artificial intelligence has already created interpretive challenges in patents and copyrights. To a greater extent, modern plant breeding with the assistance of artificial inte-lligence is exposing major disarticulations and anachronisms in the Plant Breeder’s Rights and patent systems for biotechnological inventions. The challenges may even extend to the question of who would be entitled to the right in the case of products obtained without human intervention.The analysis of the situation indicates, on the one hand, that it would be necessary a review of the international framework of intellectual property rights in plant living matter which is based on independent treaties and conventions that apply to an indivisible organism as is a new plant variety. A more logical proposal would be to have a single, modern, and up-to-date compre-hensive sui generis protection system for all types of plant germplasm. On the other hand, it is proposed that, even in the case of products obtained through complete artificial intelligence processes, there must always be a human person legally responsible of the consequences of their actions, whether positive or negative


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