scholarly journals Should we criminalize a deliberate failure to obtain properly informed consent?

2021 ◽  
pp. 096853322110602
Author(s):  
Clark Hobson ◽  
José Miola
Keyword(s):  
Informed Consent ◽  
Criminal Law ◽  
Thought Experiment ◽  
Sexual Partners ◽  
Distinct Difference ◽  
Hiv Status ◽  
Starting Point ◽  
The Way

This paper takes the form of a polemic and thought experiment. The starting point is that, if medical law’s claims to place autonomy at the heart of the enterprise are to be taken seriously, then autonomy either needs to be considered a recoverable harm, or the most egregious infringements should be subject to the criminal law. This might particularly be the case where a doctor deliberately attempts to modify the patient’s decision by failing to disclose information that they know that the patient would find significant. The article considers medical law’s relationship with autonomy, before applying the criminal law – in the form of the analogous situation of defendants who deliberately fail to disclose HIV+ status to their sexual partners. What we find is a distinct difference in the way that autonomy is seen by medical and criminal law, although both are equally unsatisfactory.

Sexual Health Communication of Black Men Who Have Sex With Men Who Met On or Offline: A Secondary Data Analysis (Preprint)

2020 ◽  
Author(s):  
Jacob D Gordon ◽  
Andre L Brown ◽  
Darren L Whitfield
Keyword(s):  
Sexual Health ◽  
Health Communication ◽  
Black Men ◽  
Sexual Partner ◽  
Secondary Data ◽  
Sexual Partners ◽  
Hiv Status ◽  
Sexual Health Communication ◽  
Sex With Men ◽  
Traditional Masculinity

BACKGROUND Black men who have sex with men (BMSM) continue to experience disproportionate rates of HIV/STI infection despite advances in effective prevention tools. Over the last decade the method of finding sexual partners has evolved, with BMSM increasingly using geospatial dating applications to find sexual partners. Sexual health communication between partners has been associated with safer sex practices by previous scholars, but it is unclear how sexual health communication of BMSM differs for sex partners found on or offline. OBJECTIVE The current study explored sexual health communication in relationship to how one found their last sexual partner and factors associated with poorer sexual health communication. METHODS This study used secondary data in the form of a self-administered national survey. BMSM were recruited online and in-person and answered questions about their sexual health behaviors regarding their last sexual partner. RESULTS In total, 403 individuals were included in the analysis. The majority of respondents 55.8% (225/403) were more likely to have found their last sexual partner through geospatial dating applications and online websites than offline venues 44.3% (178/225). There was not a significant difference in scores of sexual health communication between those who found their last sexual partner on or offline (P=.49). Additionally, sexual health communication was also not significantly associated (P = .25) based on the venue of their last sexual partner after controlling for covariates. Significant predictors of lower sexual health communication of BMSM were found: positive HIV status (P = .003), a casual partner type (P < .001), and endorsement of traditional masculinity ideologies (P = .01). CONCLUSIONS Findings from this study confirm high rates of sexual partner seeking via online venues among BMSM. The significant predictors of lower sexual health communication, endorsement of traditional masculinity ideologies and positive HIV status, suggest that stigma is a barrier to effective sexual health communication of BMSM.

Parts of a Whole

2017 ◽  
Author(s):  
Lucas Champollion
Keyword(s):  
Algebraic Semantics ◽  
Reference Measurement ◽  
Single Constraint ◽  
Starting Point ◽  
Accessible Format ◽  
The Way

Why can I tell you that I ran for five minutes but not that I *ran all the way to the store for five minutes? Why can you say that there are five pounds of books in this package if it contains several books, but not *five pounds of book if it contains only one? What keeps you from using *sixty degrees of water to tell me the temperature of the water in your pool when you can use sixty inches of water to tell me its height? And what goes wrong when I complain that *all the ants in my kitchen are numerous? The constraints on these constructions involve concepts that are generally studied separately: aspect, plural and mass reference, measurement, and distributivity. This work provides a unified perspective on these domains, connects them formally within the framework of algebraic semantics and mereology, and uses this connection to transfer insights across unrelated bodies of literature and formulate a single constraint that explains each of the judgments above. This provides a starting point from which various linguistic applications of mereology are developed and explored. The main foundational issues, relevant data, and choice points are introduced in an accessible format.

Engels on women, the family, class and gender

2021 ◽  
pp. 194277862110000
Author(s):  
Sheila Margaret McGregor
Keyword(s):  
Historical Materialism ◽  
Human Society ◽  
Human Beings ◽  
True Nature ◽  
Starting Point ◽  
Women's Oppression ◽  
1960S And 1970S ◽  
Socialist Movement ◽  
The Impact ◽  
The Way

This article looks at Engels’s writings to show that his ideas about the role of labour in the evolution of human beings in a dialectical relationship between human beings and nature is a crucial starting point for understanding human society and is correct in its essentials. It is important for understanding that we developed as a species on the basis of social cooperation. The way human beings produce and reproduce themselves, the method of historical materialism, provides the basis for understanding how class and women’s oppression arose and how that can explain LGBTQ oppression. Although Engels’s analysis was once widely accepted by the socialist movement, it has mainly been ignored or opposed by academic researchers and others, including geographers, and more recently by Marxist feminists. However, anthropological research from the 1960s and 1970s as well as more recent anthropological and archaeological research provide overwhelming evidence for the validity of Engels’s argument that there were egalitarian, pre-class societies without women’s oppression. However, much remains to be explained about the transition to class societies. Engels’s analysis of the impact of industrial capitalism on gender roles shows how society shapes our behaviour. Engels’s method needs to be constantly reasserted against those who would argue that we are a competitive, aggressive species who require rules to suppress our true nature, and that social development is driven by ideas, not by changes in the way we produce and reproduce ourselves.

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

“Ọrọ, nwa, ẹkọ”, the talk, the look, the education: reflections on a pedagogy of cosmoperception

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Roseane Santos Mesquita ◽  
Késia Dos Anjos Rocha
Keyword(s):  
Educational Experience ◽  
The Other ◽  
Educational Practices ◽  
Starting Point ◽  
The World ◽  
The Look ◽  
Ways Of Being ◽  
Present Text ◽  
The Way

The present text bets on the power of reflections on a pedagogy guided by cosmoperception. It is a collective call for the enchanted ways of perceiving and relating to the other. “Ọrọ, nwa, ẹkọ”, the talk, the look, the education, insurgent forces that grow in the cracks, just like moss, alive, reborn. That is the way we think about education, as a living practice, turned to freedom. Freedom understood as a force that enables us to question certain hegemonic truths entrenched in our ways of being, thinking and producing knowledge. In dialogue with the criticisms on the decolonial thought and by authors and authoresses who are putting themselves into thinking about an epistemology from a diasporic place, from the edges of the world, we will try to problematize the effects of the epistemic erasures promoted by the colonial processes and how that has affected our educative practices. The look at the educational experience that happens in the sacred territory of candomblé, will be our starting point to think about politically and poetically transformative educational practices.

scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

Misleading Sexual Partners About HIV Status Among Persons Living with HIV/AIDS

2011 ◽  
Vol 37 (5) ◽  
pp. 1049-1057 ◽  
Author(s):  
Eric G. Benotsch ◽  
Vivian M. Rodríguez ◽  
Kristina Hood ◽  
Shannon Perschbacher Lance ◽  
Marisa Green ◽  
...  
Keyword(s):  
Sexual Partners ◽  
Hiv Status ◽  
Persons Living With Hiv ◽  
Living With Hiv ◽  
Hiv Aids

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

scholarly journals State activity and legal credo of Mykola Skrypnyk.

2021 ◽  
pp. 131-142
Author(s):  
Iryna Muzyka
Keyword(s):  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
National Development ◽  
Point Of View ◽  
Practical Implementation ◽  
Legal Development ◽  
Socialist State ◽  
State Activity ◽  
The Way

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

scholarly journals A Justiça Parcial e a Ganância enquanto virtude e vício do caráter na Ética a Nicômaco: ação interpessoal, emoção e prazer

2019 ◽  
Vol 13 (2) ◽  
pp. 109-145
Author(s):  
André Luiz Cruz Sousa
Keyword(s):  
The Other ◽  
Nicomachean Ethics ◽  
Other Hand ◽  
The People ◽  
Starting Point ◽  
The One ◽  
The Way

The aim of this paper is to study a set of three issues related to the understanding of partial justice and partial injustice as character dispositions, namely the distinctive circumstance of action, the emotion involved therein and the pleasure or pain following it. Those points are treated in a relatively obscure way by Aristotle, especially in comparison with their treatment in the expositions of other character virtues in the Nicomachean Ethics. Building on the expression ‘capacity towards the other’ (δύναμις ἐν τῷ πρὸς ἕτερον), the paper highlights the interpersonal nature of the circumstances of just and unjust actions, and points how such nature is directly related to notions such as ‘profit’ (κέρδος) or ‘getting more’(πλεονεκτεῖν) as well as to the unusual conception of excess, defect and intermediacy in Nicomachean Ethics Book V. The interpersonal nature of just and unjust actions works also as the starting-point for the interpretation both of the pleasure briefly mentioned in 1130b4 as characterizing the greedy person and of the emotion involved in acting justly or greedy, which is mentioned in an extremely elliptical way in 1130b1-2: the paper argues, on the one hand, that the pleasure felt in acting justly or unjustly concerns not only the goods that are the object of just or unjust interactions, but also the way such interactions affect the people involved; on the other hand, it argues that the emotion actuated in just or unjust interactions relates to the agent’s concern or lack of concern with the good of those people.

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