scholarly journals The use of the condom to protect against the transmission of HIV in prisons

1999 ◽  
Vol 48 (6) ◽  
pp. 1073-1086
Author(s):  
G. J. Woodall

This article rose as a response to a practical moral question about whether or not condoms ought to be distributed to inmates in prisons of England and Wales to protect those who indulge in homosexual, genital encounter from the danger of contagion from the HIV virus. The suggestion has been made that doctors in prison should distribute condoms to those who ask for them. The analysis offered here examines a number of presuppositions, some of which are articulated and expressively embraced, others which remains tacit, perhaps never seriously entertained. The former includes the efficacy of the condom as a protection against the transmission of the virus through genital encounter, the notion that the role of the State does not extend to interference in the sphere of private morality, and, more explicit in an initial response to the proposal, that people’s consciences ought to be respected. The latter include the opinion that there is, nevertheless, a responsibility attaching to prison authorities for the well-being of inmates, if only to protect them from contagion, that sexuality is a matter of merely private morality, that morality concerns what is consequential upon deliberate action, but not a question of intrinsic good or evil. It si argued here that the degree of protection afforded by the condom is over-estimated, that the implicit function of the State and of prisons is to foster the common good, and that this entails a duty of care for prisoners, especially for the weakest and most vulnerable. Although a thorough-going reform of prisoners is not the direct responsibility of prison authorities, it is argued that there is an obligation not to damage them or to facilitate such damage. The impact of what is contemplated upon family and upon society is considered. The proposal envisaged would seem to threaten the well-being of inmates, the stability of prisons, the institution of marriage, and the likelihood of an eventual, successful rehabilitation of prisoners into society. To foment a practice which is intrinsically immoral cannot be justified, it is claimed here, even were the lesser evil argument can be invoked. Rights of the conscience and the correlative duty to respect conscience do not legitimate practices which are of their nature wrong. It is argued that the adoption of the policy proposed by bodies with a duty to the State and to society for the common good would in fact undermine the common good by facilitating what is scandalous.

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.


Author(s):  
Michał Strzelecki

The contemporary state crisis is a derivative of complex economic and social processes. His indicators include not only the visible increase in the intensity of political conflicts (both on a micro and macro scale), the revival and development of separatist tendencies, and the weakening of the role of the state as the basic instrument of organizing collective life. It is also increasing fragmentation of the political scene, the development of particularisms, weakening and progressive dysfunctionality of existing political institutions, increasing economic rivalry and the collapse of the generally accepted axiological system, which is accompanied by increasingly clear questioning of the idea of the common good and progressing pragmatism and egoism. An important element is therefore the disappearance of civic awareness and activity. The intensification of these disturbing tendencies is certainly not supported by the modern education system, whose hallmarks are commercialization and economization, withdrawal of the state and professionalization.


2018 ◽  
Vol 38 (3) ◽  
pp. 331-340 ◽  
Author(s):  
Gene R. Laczniak ◽  
Nicholas J. C. Santos

This theoretical commentary explores the concept of Gross National Happiness (GNH) and connects it with several central macromarketing concepts such as QoL, ethics, the common good, the purpose of market activity as well as the United Nations’ Sustainable Development Goals. The paper portrays GNH as a normative concept that captures collective well-being; it categorizes GNH, at least from the standpoint of Western moral philosophy, as most closely aligned with classical utilitarianism, and it distinguishes GNH from QoL on the basis of its predominantly aspirational and subjective orientation. It asserts that GNH can be seen as one manifestation of the common good, and, in that manner can be perceived as a ‘more ethical’ conception of the purpose of business activity. Finally, it links GNH to promising areas of Macromarketing scholarship. One essential contribution of this commentary is that it differentiates subjective community happiness from more objective measures of QoL familiar to macromarketing studies.


2016 ◽  
Vol 2 (2) ◽  
pp. 14-27
Author(s):  
Fernando Suárez Müller ◽  
Christian Felber

This paper explores the possibility of an economic system different from both capitalism and communism, that is based on the major ethical values that constitute the principles of human dialogue, the so-called Idealism of Dialogue. This implies an economic model based on cooperativism. An economy modelled in this way envisions the Common Good of society. This is more than the sum of the interests of individuals and it can be measured by looking at the intended impact on society of actions taken by organizations. If the impact of these organizations is oriented towards cooperative action they can be characterized as developing the Common Good. If they block cooperative action they can be seen to be serving private interests. This paper shows how a group of Austrian entrepreneurs has started a network of enterprises that functions both as a kind of cooperative and as a non-governmental organization (Gemeinwohl-Ökonomie). They promote the ideals of Greek oỉkonomía and at the same time consider their own efforts to be the accomplishment of the main principles of Enlightenment which are liberty, equality and fraternity. 


Author(s):  
Jorge Núñez Grijalva

In all areas of the legal world there are higher aspirations, which represent legal values to be protected, like the justice, the common good and legal security stand out. The present work was proposed to analyze if the Ecuadorian Legislator, in its process of construction and promulgation of the criminal law regulating against the unfair competition, incorporated these three values into it. Regrettably, the results show an apparent absence of the three legal values in criminal law, leaving legal operators at a disadvantage in view of the need to control this type of crime and society, awaiting compliance. Through an exercise of legal hermeneutics, the study starts from a real problem in the Ecuadorian legal system of the criminal law against of the unfair competition, which demands to be discussed in the search for the State to take the necessary measures to solve this problem.


2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.


Author(s):  
N. W. Barber

The point of the separation of powers is examined, and it is argued that accounts of the principle that identify liberty as the guiding purpose of the principle are flawed, the products of an unattractive account of the state. A richer understanding of the state produces a richer understanding of the principle. The second and third parts of the chapter outline such an account, reflecting on the institutional framework required by the separation of powers: the divisions and connections that the principle demands. Different state institutions are well-placed to identify different aspects of the common good and, through their differing skills and instruments, well-suited to modify the policies of the state in light of these assessments. The constitution then combines these decisions into a single state action. The chapter then considers apparent exceptions to the separation of powers.


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