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A theory of legal obligation
The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.
Book
Securing Obligations: A Reply to Hindriks
In his contribution to this special issue, Hindriks considers the Security Principle, an account of pro tanto obligations based on our account of reasons (Gunnemyr and Touborg 2023a). According to the Security Principle, you have a pro tanto obligation not to perform an action that makes a harm more secure. Hindriks raises two objections to this account. First, that it is too flexible; second, that it gives wrong verdicts when agents are robustly unwilling to act in a certain way. Here, we respond to Hindriks' objections and argue that Hindriks' account, the Threshold Principle, gives counterintuitive verdicts in preemption and low-probability cases.
Journal Article
For the Public's Health
Despite having the costliest medical care delivery system in the world, Americans are not particularly healthy. Recent international comparisons show that life expectancy in the U.S. ranks 49th among all nations, and infant mortality rates are higher in the U.S. than in many far less affluent nations. While these statistics are alarming, the bigger problem is that we do not know how to reverse this trend. Our lack of knowledge is due in large part to significant inadequacies in the health system for gathering, analyzing, and communicating health information about the population.
To inform the public health community and all other sectors that contribute to population health, For the Public's Health: The Role of Measurement in Action and Accountability reviews current approaches for measuring the health of individuals and communities and creates a roadmap for future development. This book, the first of three in a series, focuses on data and measurement-not as ends in themselves, but rather tools to inform the myriad programs, policies, and processes developed or undertaken by governmental public health agencies and their many partners in the health system.
For the Public's Health seeks to reinstate the proper and evidence-based understanding of health as not merely the result of medical or clinical care but the result of the sum of what we do as a society to create the conditions in which people can be healthy. To achieve this goal, the book suggests changes in the processes, tools, and approaches used to gather information about health outcomes and their determinants. The book also recommends developing an integrated and coordinated system in which all parties-including governmental and private sector partners at all levels-have access to timely and meaningful data to help foster individual and community awareness and action.
eBook
Conversions of debt among the Yawanawa: an analytical model of the cultural, social and political grounds of exchange
This text proposes the notion of conversions of debt and aims to show its analytical usefulness on revealing the entanglements of money, commodities and market transactions with a web of political, cultural and social obligations. In order to do so, it deploys material collected during fieldwork to analyze two pairs of conversions of debt in which goods and money circulate among the Yawanawa, a native population from southwestern Amazon. In such conversions, debts generated by political relations, as well as ritual and cure services, generate prestations in the form of money, goods and services. Analyzing conversions of debt among the Yawanawa, the text demonstrates that money and goods are domesticated, serving political, cultural and social obligations, and do not corrode principles of sociability or cultural reproduction of the Yawanawa, despite the constant effort to keep these transactions subordinated to community goals.
Journal Article
The Moral Impact Theory of Law
I develop an alternative to the two main views of law that have dominated legal thought. My view offers a novel account of how the actions of legal institutions make the law what it is, and a correspondingly novel account of how to interpret legal texts. According to my view, legal obligations are a certain subset of moral obligations. Legal institutions—legislatures, courts, administrative agencies—take actions that change our moral obligations. They do so by changing the morally relevant facts and circumstances, for example by changing people's expectations, providing new options, or bestowing the blessing of the people's representatives on particular schemes. My theory holds, very roughly, that the resulting moral obligations are legal obligations. I call this view the Moral Impact Theory because it holds that the law is the moral impact of the relevant actions of legal institutions. In this Essay, I elaborate and refine the theory and then illustrate and clarify its implications for legal interpretation. I also respond to important objections.
Journal Article
MEDICAL POPULISM AND THE MORAL RIGHT TO HEALTHCARE
Medical populism, as a political style of handling the challenges of a public health crisis, has primarily been analyzed in terms of its influence on the efficacy of governmental efforts to meet the challenges of the current pandemic (such as those related to testing, vaccination, and community restrictions). As these efforts have moral consequences (they, for instance, will affect people's wellbeing and may lead to suffering, loss of opportunities, and unfair distributions), an analysis of the ethics of medical populism is much needed. In this essay, we address the need to analyze the moral dimension of medical populism by relating it to issues in healthcare ethics. Specifically, we identify the moral significance of medical populism by demonstrating how it contributes to the failure of governments to discharge their moral duty to provide for the healthcare needs of their people, and, correlatively, to the violation of the people's moral right to healthcare. We argue that with medical populism, governments tend to mishandle the constraints that would morally justify their shortcomings in fulfilling such duty. We identify such constraints as mainly referring to the governments' given (economic and institutional) capacities and the relative degree of incumbency of their competing duties. Keywords: medical populism, populism, right to healthcare, pandemic, healthcare
Journal Article