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The use of restraint in hospital settings is divisive, and internationally there are calls for its elimination. However, this is at odds with the experience of many hospital staff, who consider restraint, at times, a “necessary evil”. In this paper, we explore the definition of restraint and potential ethical justifications for its use. We argue that the current ethical literature employs two definitions of restraint — outcome-oriented and intent-oriented — neither of which successfully captures all ethically relevant features of the practice. We propose a new conceptualization of restraint which centers on the number of individuals impacted by an act of patient restraint — a continuum between therapeutic restraint and public-safety restraint. Understood in this way, neither the principlist nor human rights frameworks that dominate the current literature are appropriate for assessing the ethical legitimacy of restraint. We suggest that, given the similarities between restraint and public health interventions, the use of public health ethics principles to consider the ethical justifiability of restraint in hospitals is a potentially productive way forward in this controversial area.
Initiatives protecting wild animal health, including vaccination campaigns, medical treatments, and parasite control programs, have been implemented for decades. Their goal has been to safeguard human well-being, as well as to further conservationist goals. This paper argues that the well-being of wild animals, considered as sentient individuals, should be another crucial reason to expand these measures. Rather than treating animal health in a purely instrumental manner, this perspective aligns more closely with the ethos of the One Health paradigm. The paper presents examples of existing programs that benefit wild animals and could be broadened based on this idea. Next, it explains the kind of cross-disciplinary research framework—integrating animal welfare science, ecology, and other disciplines—needed to successfully develop effective ways to help wild animals. It then argues that the reasons to protect wild animal health also apply in the case of other ways to help wild animals. This is relevant especially in light of the very large scale of wild animal suffering.
According to the Mental Capacity Act 2005, P’s family are to be afforded a consultee role in a best interests decision. That is, they are to be involved in decisions but are not empowered to act as a substitute decision maker. However, in practice, healthcare professionals can struggle to set clear boundaries where families are insistent on more active treatment. The Best Interests in Renal Dialysis Study explored the making of best interests decisions in the context of adult kidney care in England. Interviewing healthcare professionals – both doctors and nurses – we found that it is not uncommon for the ‘path of least resistance’ to be pursued in best interests decisions where the family takes a strong position. Out of a fear of legal action and a desire to maintain a working relationship, healthcare professionals will sometimes compromise in providing care that they do not consider to be in P’s best interests to appease the family. This is seemingly at odds with the requirements of the Mental Capacity Act 2005, particularly where it goes as far as to prove harmful to P. Drawing on Margalit’s conception of rotten compromise, we argue that this form of rotten medical compromise undermines the law’s recognised P-centricity.
The mental health and psychosocial needs of victims of armed conflict remain inadequately addressed in international law, despite growing recognition of their significance. More than one in five people living in post-conflict settings will develop a mental health condition, yet demand for mental health and psychosocial support (MHPSS) frequently outstrips supply. This article examines the intersection between human rights law and victim assistance regimes in disarmament treaties, exploring how the latter could strengthen international legal and policy responses to post-conflict mental health needs. Though it has conceptual and implementation gaps, Article 12 of the International Covenant on Economic, Social and Cultural Rights provides a doctrinal foundation for mental health care; building on this foundation, victim assistance models include features such as explicit prioritization of MHPSS, practical implementation frameworks, and clearer international assistance obligations. These features could inform the development and implementation of the right to health, offering particularity that, if extended beyond specific weapons victims, has the potential to benefit wider post-conflict populations.
Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonisation. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entanglements of political authority with mercantile, corporate and religious orders. The chapters introduce readers to a diverse cast of characters, from scholars, scientists, geographers, mapmakers; to traders, merchants, shipowners and entrepreneurs; and to women, revolutionaries, pirates, labourers, and monks. The volume explains leading historiographical trends, ponders the challenges of writing Asian histories of international law, highlights available materials and methods, and showcases the conceptual purchase of Asian histories for thinking about international law.
This is the story of Louis Bieral, a nineteenth-century gangster, politician, sportsman, and Civil War hero. Kidnapped from his birthplace in revolutionary South America, he doused fires in Jacksonian New York, battled Sumatran pirates with the US Navy, and panned for California gold. As a crime boss, he raced horses, boxed champions, and ran brothels. Yet Bieral's adventurous life was also steeped in the brutality of his time. He befriended rowdies like 'Butcher' Bill Poole, returned fugitives like Anthony Burns to slavery, and assaulted abolitionists such as Richard Henry Dana. As a Union officer, Bieral won fame in battle. He was a Gilded-age bodyguard for 'Boss' Tweed, William Seward, and Jim Fisk, becoming a suspect in that tycoon's murder. From the docks of Valparaíso to the dining room of Delmonico's to the cells of Auburn Prison, Bieral's remarkable journey illustrates the violence that bound nineteenth-century America together.
Chapter 1 starts by exploring the history of the term ‘settlement’. Having traced its emergence in the seventeenth century, the chapter investigates the making of the ‘settlement’ act of 1662. A study of parliamentary records uncovers the emergence of new legislation in the post-Restoration context and illuminates the final stages of the process when amendments were made that shaped the settlement legislation for centuries to come. Subsequent laws led to the introduction of new ‘settlement certificates’. The third section traces the spread of the ‘settlement’ system and its impact on both local administrations and the negotiating strategies of the poor – central issues pursued throughout the book. These explorations draw on records from two corners of England, Sussex in the south-east and Lancashire in the north-west. Additional sources are employed from metropolitan London and other localities.
Natalie Klein, University of New South Wales, Sydney,Kate Purcell, University of New South Wales, Sydney,Jack McNally, University of New South Wales, Sydney
Biological differences between the sexes are perhaps at their most obvious when considering sporting competition. This chapter considers the law in relation to sporting competition from two distinct perspectives. The first looks at the case law of the European Court of Human Rights as it relates to the participation of athletes with DSDs in the female category. A central theme in this analysis is the importance of understanding the precise nature of a particular DSD before legal analysis can be conducted. The second part looks at the domestic law in relation to sporting competitions and takes the opportunity to examine the first case to apply the Supreme Court judgment in For Women Scotland v. The Scottish Ministers and provide detailed reasons. This is a convenient opportunity to restate the key implications of the case and to address, as the court did, some common arguments advanced to criticise or narrowly interpret the Supreme Court judgment.
When it became clear that gender critical belief is protected in our anti-discrimination law, it was often said that, while such views were protected, manifesting or expressing them was not. This is simply not true. Article 9 of the European Convention on Human Rights protects both the absolute right to hold a belief and the qualified right to manifest a belief. The manifestation of protected beliefs is also protected under Article 10, which protects the right to freedom of expression. Because these are qualified rights, it may be permissible to interfere with them where proportionate. Where discrimination or harassment arises because someone holds gender critical views, this will be unlawful. However, where the treatment complained of is a genuine response to the fact or manner of manifestation of a protected belief, the legal situation becomes more complex. In assessing the extent to which is it permissible for an employer or other duty-bearer to interfere with the fact or manner of manifestation of a protected belief, the central importance of freedom of expression must be recognised as the background context of any analysis.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
Since the Iranian Revolution in 1979, the Baha’i religious minority in Iran has been persecuted by the Iranian government, with varying degrees of intensity. In 2011, former UNAMIR Commander Romeo Dallaire recognised their vulnerability in a speech to the Canadian Senate. ‘The similarities with what I saw in Rwanda are absolutely unquestionable’, he opined, ‘we know the genocidal intent of the Iranian state.’ This chapter will examine the plight of the Baha’i between the Iranian Revolution in 1979 and 2024. During this period, the Baha'i community has experienced ongoing and at times severe risk of genocide. Yet various factors have contributed to preventing the ongoing vulnerability from escalating. This chapter examines persecution of the Iranian Baha’i minority, and the domestic and international response. It examines the interplay of risk and resilience factors that have shaped their experience. The chapter concludes by reflecting on what can be learned about resilience from this case study of the presence of long-term risk.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
This chapter explores the application of large language models (LLMs) in empirical legal studies, with a focus on their potential to advance research on EU law at scale. The chapter provides a non-technical introduction to LLMs and the role they can play in legal information retrieval, including the classification of case characteristics and outcomes, which constitutes one of the most common research tasks in legal scholarship. The chapter stresses the importance of validation – researchers cannot treat the output of LLMs as automatically correct and instead must demonstrate the relevance and reliability of measures and results obtained through the use of LLMs in the context of their research topic. While LLMs are capable of significantly reducing the cost of doing legal research, their use will place growing demands on scholars to ensure the integrity of their findings. The chapter also reflects on the distinction between closed- and open-source models and how ethical and replicability imperatives might influence model choices in an increasingly crowded field.
Natalie Klein, University of New South Wales, Sydney,Kate Purcell, University of New South Wales, Sydney,Jack McNally, University of New South Wales, Sydney
Chapter 4 introduces the transactions cost approach to competition law. This chapter starts by reviewing the theory of hold-up and proposes that competition law exists to protect and promote relationship-specific sunk investment by trading partners. Market power is identified with the ability to engage in hold-up, and the harm from market power is the chilling effect on investment that arises when a trading partner fears hold-up. Exploitative behaviour is identified with an attempt to engage in hold-up.
Exclusionary behaviour is defined as the use of the threat of hold-up to change market structure or prevent entry. The use of vertical integration or contracts to prevent hold-up is discussed. The chapter concludes with a discussion of the implications of this approach for elements of competition law enforcement.