Healthism in Tort Law

2019 ◽  
Vol 12 (1) ◽  
pp. 81-126
Author(s):  
Elizabeth Weeks

Abstract This article considers ways that torts decisions and doctrine may operate discriminatorily against the unhealthy. The discussion draws from one chapter of my recently published book, Healthism: Health Status Discrimination and the Law, specifically, the chapter on “Healthism in Private Law.” Healthism examines, across contexts, instances of discrimination based on health status, suggesting that in at least some circumstances, treating people differently because of their health status or health habits is normatively wrong and, thus, “healthist.” We discuss many examples in the book, but our ultimate goal is to introduce the term into the public lexicon and attune readers to additional examples, which, we maintain, abound: Consider non-smoking policies in public housing; airlines or movie theaters charging obese passengers for two seats; employers refusing to hire based on out-of-work health habits and conditions, including tobacco use and obesity; or a physician refusing to treat a patient with multiple conditions and a history of noncompliance. Each of these scenarios carries a potential for healthism.

2001 ◽  
Vol 26 (1) ◽  
pp. 129-136 ◽  
Author(s):  
Christi A Patten ◽  
Terry D Schneekloth ◽  
Robert M Morse ◽  
Linda M Herrick ◽  
Kenneth P Offord ◽  
...  

Author(s):  
Valentina M. Patutkina

The article is dedicated to unknown page in the library history of Ulyanovsk region. The author writes about the role of Trusteeship on people temperance in opening of libraries. The history of public library organized in the beginning of XX century in the Tagai village of Simbirsk district in Simbirsk province is renewed.


Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.


2009 ◽  
Vol 160 (8) ◽  
pp. 232-234
Author(s):  
Patrik Fouvy

The history of the forests in canton Geneva, having led to these being disconnected from productive functions, provides a symptomatic demonstration that the services provided by the forest eco-system are common goods. Having no hope of financial returns in the near future and faced with increasing social demands, the state has invested in the purchase of forest land, financed projects for forest regeneration and improvement of biological diversity and developed infrastructures for visitors. In doing this the state as a public body takes on the provision of services in the public interest. But the further funding for this and for expenses for the private forests, which must be taken into account, are not secured for the future.


Author(s):  
Floor Haalboom

This article argues for more extensive attention by environmental historians to the role of agriculture and animals in twentieth-century industrialisation and globalisation. To contribute to this aim, this article focuses on the animal feed that enabled the rise of ‘factory farming’ and its ‘shadow places’, by analysing the history of fishmeal. The article links the story of feeding fish to pigs and chickens in one country in the global north (the Netherlands), to that of fishmeal producing countries in the global south (Peru, Chile and Angola in particular) from 1954 to 1975. Analysis of new source material about fishmeal consumption from this period shows that it saw a shift to fishmeal production in the global south rather than the global north, and a boom and bust in the global supply of fishmeal in general and its use in Dutch pigs and poultry farms in particular. Moreover, in different ways, the ocean, and production and consumption places of fishmeal functioned as shadow places of this commodity. The public health, ecological and social impacts of fishmeal – which were a consequence of its cheapness as a feed ingredient – were largely invisible on the other side of the world, until changes in the marine ecosystem of the Pacific Humboldt Current and the large fishmeal crisis of 1972–1973 suddenly changed this.


2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.


2020 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Tuncay Şur ◽  
Betül Yarar

This paper seeks to understand why there has been an increase in photographic images exposing military violence or displaying bodies killed by military forces and how they can freely circulate in the public without being censored or kept hidden. In other words, it aims to analyze this particular issue as a symptom of the emergence of new wars and a new regime of their visual representation. Within this framework, it attempts to relate two kinds of literature that are namely the history of war and war photography with the bridge of theoretical discussions on the real, its photographic representation, power, and violence.  Rather than systematic empirical analysis, the paper is based on a theoretical attempt which is reflected on some socio-political observations in the Middle East where there has been ongoing wars or new wars. The core discussion of the paper is supported by a brief analysis of some illustrative photographic images that are served through the social media under the circumstances of war for instance in Turkey between Turkish military troops and the Kurdish militants. The paper concludes that in line with the process of dissolution/transformation of the old nation-state formations and globalization, the mechanism and mode of power have also transformed to the extent that it resulted in the emergence of new wars. This is one dynamic that we need to recognize in relation to the above-mentioned question, the other is the impact of social media in not only delivering but also receiving war photographies. Today these changes have led the emergence of new machinery of power in which the old modern visual/photographic techniques of representing wars without human beings, torture, and violence through censorship began to be employed alongside medieval power techniques of a visual exhibition of tortures and violence.


Sign in / Sign up

Export Citation Format

Share Document