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This chapter introduces the book’s main argument that American economic hierarchy has enhanced property rights and state capacity in partner states over the past forty years, challenging the conventional view that United States’ involvement undermines state-building. It outlines the conceptual framework, focusing on extractive capacity and hierarchy as key concepts. The chapter previews the argument, highlights the book’s contributions to system-level theories, state-building research, and international development literature, and outlines the plan for the book.
This chapter highlights the interconnection between economic and social values in the contractual realm, rooted in a perception of people as holder of rights and a broad interpretation of autonomy and human dignity that looks beyond individualistic values. With a focus on grossly asymmetrical contracts, it promotes an understanding of vulnerability in the contractual context based on the circumstances of the transaction, rather than on people’s medical conditions. The chapter reflects on the merits and drawbacks of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as a potential benchmark for promoting a vision of contract law that responds to both economic and social concerns and recognises the equality of all human beings. The second part considers how English contract law could be brought closer to the equality vision promoted by the UNCRPD, proposing an understanding of the contractual realm based on concentric economic and social spheres, shaped by fluid boundaries, and reflecting on the relevance of contract law as part of a broader set of measures to ensure a fairer society.
This review article explores the legislative differences across Canadian jurisdictions with respect to involuntary admission and treatment pending appeal. Some jurisdictions restrict involuntary admission for mental illness to when there is a risk for serious bodily harm or physical impairment. However, the majority of jurisdictions recognize non-bodily harms or substantial mental or physical deterioration as grounds for involuntary admission when other criteria are met. Once a person is involuntarily admitted, jurisdictions differ on how treatment is authorized and whether treatment can commence while a person contests a finding of incapacity to treatment to the courts. Some jurisdictions permit treatment pending appeal while others do not. This article compares Canadian jurisdictions’ mental health legislation and addresses discrepancies through the lens of the Canadian Charter of Rights and Freedoms and the Canada Health Act.
Educational opportunities and outcomes will determine whether a society thrives or merely survives a 100-year-life. Nations should ensure that educational opportunity gaps do not continue to leave behind children of color and children from low-income households who too often receive inferior educational opportunities. The US should adopt law and policy reforms that help to close these gaps and ensure that all children receive a high-quality education that will empower them to make the personal and professional adaptations that are essential for thriving over a 100-year-life.
The chapter provides a novel detailed analysis of one of the most discussed chapters in the Aristotelian corpus, namely An. 2.5. The central claim is that in An. 2.5 Aristotle lays down his programmatic definition of perception as a complete passive activity. He does so by classing the perceptive capacity with capacities that are already fulfilments (entelekheiai) of their subjects and by showing how this classification is compatible with perception being passive (i.e. a kind of being affected). By working out the concept of complete passive activity Aristotle fills in a conceptual gap left open elsewhere in the corpus (most strikingly in Metaphysics Θ.6), where both completeness and passivity are taken for granted but without showing how the two features can cohere. In An. 2.5, Aristotle, thus, succeeds in capturing how perception differs not only from manifestations of non-passive complete capacities (such as the art of house-building), but also from passive processes (as exhibited in the inexhaustibility of the perceptive capacity and the object-directedness of perception). His definition is programmatic in the sense that it analyses the explananda without, however, yet providing any explanantia.
We consider the neuroethics of treatment without consent from a broader perspective than the accepted starting point of functional mental capacities. Notably, in common law jurisdictions, consciousness is seldom admitted in criminal law as a topic for expert evidence of mentalistic defenses or impairments in civil proceedings, yet consciousness and personality are central in Roman law jurisdictions.
Methods
The framework we have adopted is to consider treatment without consent under the headings goals, processes, treatment, and evaluation. The ECHR and the judges of the European Court of Human Rights (ECtHR) are drawn from both common law and Roman law jurisdictions, so that their interpretations and precedents may be informative concerning alternatives to strict application of capacity tests.
Results
There are variable thresholds for treating without consent according to the complexity and amount of information involved, the seriousness of the consequences of untreated illness, the effectiveness of the treatments available and the benefits of earlier intervention, particularly for disease-modifying treatments. Theory-driven principled approaches and scientific medical process approaches to ethical treatment are contrasted.
Conclusions
Carrara’s emphasis on the importance of consciousness and its layered dysfunctions as evidence of competence or impairment appears more robust than a narrow approach based only on functional mental capacity. Capacity—whether general or functional, remains amenable to rules of evidence and legal judgment at the expense of increasingly excessive simplification. Carrara’s emphasis on the inherent dignity of the person appears most in keeping with modern human rights principles.
The need for more local technical capacity in Health Technology Assessment (HTA) is a leading challenge to its use in low- and middle-income countries. Zambia has been considering using HTA to support its universal health coverage initiative, which includes health benefits package design and implementation. This study assesses the local HTA capacity for the steering committee tasked with supporting the design and implementation of the national health benefits package in Zambia.
Methods
The study applied a cross-sectional web-based survey design and the consensus-based Checklist for Reporting of Survey Studies. Data were collected from the steering committee of the benefits package working group, tasked with leading the design process of the health benefits package using the Instrument for the Assessment of Skills to Conduct a Health Technology Assessment tool.
Results
The majority of respondents had not served on a selection and reimbursement committee. Clinical effectiveness skills in structuring a search strategy, handling missing data, conducting qualitative evidence synthesis, and grading the certainty of evidence were low. Skills for leadership, networking, conflict management, and project coordination, public and patient involvement were mid-level to low. Most of the respondents were aware of ethical issues with health technologies. Health economics skills in economic evaluations and decision analytic modeling, equity and health system efficiency measurement, budget impact analysis, and quality of life were identified for capacity strengthening.
Conclusion
Available technical capacities to revise and implement the national benefits package were lower in health economics, synthesis for clinical effectiveness evidence, ethics, patient and public involvement, and soft skills, in that order.
When will government elites prepare for natural hazards? Existing research posits that governments will respond to disasters, but rarely have incentives to prepare for them. This Element argues that disaster preparedness can, and does, occur in the context of both motivated ruling elites and a capable state. Ruling elites can be mobilized to lead preparedness efforts when there is a risk that past exposure to hazards will lead to political instability in the face of a future hazard. Where elites anticipate a threat to their rule in the face of a future hazard, due to substantial past exposure and significant opposition strength, they will be motivated to engage in disaster preparedness. The quality and character of these efforts subsequently depend on the government's capacity to coordinate the design and implementation of preparedness plans. The Element tests this argument using a medium-N, country case study approach, drawing on evidence from ten countries in Africa and three in South Asia, as well as subnational analysis in India.
Valid and informed consent in healthcare is an ethical and legal requirement. This evaluation reports the practices within UK radiotherapy departments surrounding consent processes and therapeutic radiographer (TR) education. This article focuses on those patients who are considered to lack the capacity to consent.
Method:
This service evaluation adopted a qualitative research design. Seventy-six radiotherapy department managers were sent the online survey: containing a combination of open, closed and free text questions relating to consent practices. Descriptive analysis using Microsoft Excel was performed; additional correlation analysis was attempted with Fisher’s exact test using Statistical Package for the Social Sciences.
Results:
TRs from 39 radiotherapy departments (51%) completed the survey. Analysis of results demonstrated obtaining written consent before radiotherapy treatment was completed in all departments. Assessment methods used to determine capacity to consent varied across the departments. Responses identified 37 departments employ a different consent form for those considered to lack capacity. Thirty-eight departments have a policy surrounding consent; 16 departments reported no formal TR education in consent. Of the remaining 22 departments, 13 departments included lack of capacity within their education package.
Conclusion:
To ensure best practice throughout the UK, is it recommended that radiotherapy departments review their consent processes to ensure they are in the best interests of the patient. It is recommended that TRs are familiar with their regulatory body standards and the ethical and legal issues surrounding consent; all departments should consider capacity and those considered to lack capacity within their education and training framework.
My fieldwork uncovers the differing dynamics of the homeowner self-governance movement in three cities: In Shanghai, 94 percent of condominium communities have established homeowners’ associations (HoAs), compared with 41 percent in Shenzhen and only 12 percent in Beijing. In this chapter, I present a framework with two variables, the risk to social stability and state capacity, to explain the different styles of authoritarianism in the three cities, and examine the role of the local state in the development of HoAs.
There are four fundamental optimization problems arising in information theory: I-projection, maximum likelihood, rate distortion, and capacity. In Chapter 5 we show that all these problems have convex/concave objective functions, discuss iterative algorithms for solving them, and study the capacity problem in more detail. As an application, we show that Gaussian distribution extremizes mutual information in various problems with second moment constraints.
In Chapter 20 we study data transmission with constraints on the channel input. For example, how many bits per channel use can we transmit under constraints on the codewords? To answer this question in general, we need to extend the setup and coding theorems to channels with input constraints. After doing that we will apply these results to compute the capacities of various Gaussian channels (memoryless, with intersymbol interference and subject to fading).
We introduce a relaxed version of the metric definition of quasiconformality that is natural also for mappings of low regularity, including $W_{\mathrm{loc}}^{1,1}({\mathbb R}^n;{\mathbb R}^n)$-mappings. Then we show on the plane that this relaxed definition can be used to prove Sobolev regularity, and that these ‘finely quasiconformal’ mappings are in fact quasiconformal.
This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law serves merely as a façade, behind which judgements can be made about the nature of a person's values, free from proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. It also explores the implications of this analysis for people found to lack capacity, concluding that reforms to the best interest provisions are urgently needed. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
The Introduction summarises the core themes of the book and outlines how the argument will proceed over the course of its chapters. It explains why the issue it centres around – namely, how the law grapples with the impact of mental disorder on decision-making – is so important, and why successfully navigating the tension between respect for (and deference to) idiosyncratic values, and protection from disorder or impairment, must be a precondition of England and Wales adopting ‘fused’ mental capacity and health legislation, or a more CRPD-compliant statutory framework. It also explains how the book relates to the existing literature in this area, which has focused in recent years on concerns about the binary nature of the capacity framework, and on the individualistic and rational ‘liberal subject’ on which this framework rests. Finally, it elaborates briefly on some of the concepts which the book will draw upon, in particular what is meant by ‘values’ and ‘beliefs’.
This Element examines three related topics in the field of bioethics that arise frequently both in clinical care and in medico-legal settings: capacity, informed consent, and third-party decision-making. All three of these subjects have been shaped significantly by the shift from the paternalistic models of care that dominated medicine in the United States, Canada, and Great Britain prior to the 1960s to the present models that privilege patient autonomy. Each section traces the history of one of these topics and then explores the major ethics issues that arise as these issues are addressed in contemporary clinical practice, paying particular attention to the role that structural factors such as bias and social capital play in their use. In addition, the volume also discusses recent innovations and proposals for reform that may shape these subjects in the future in response both to technological advances and changes in societal priorities.
Here, we dive deeper into the realm of reversible Markov chains, via the perspective of network theory. The notions of conductance and resistance are defined, as well as voltage and current, and the corresponding mathematical theory.The Laplacian and Green function are defined and their relation to harmonic functions explained. The chapter culminates with a proof (using network theory) that recurrence and transience are essentially group properties: these properties remain invariant when changing between different reasonable random walks on the same group (specifically, symmetric and adapted with finite second moment).
This chapter reorients readings of Harriet Jacobs’s and Harriet Wilson’s (semi)autobiographies as narratives of disability. I underscore the inextricable links between girlhood, labor, and disability began in their self-authored texts, alongside Jean Fagan Yellin’s publication of The Harriet Jacobs Family Papers and other documents which detail the life of Harriet Wilson. I argue that these life writings demonstrate each woman’s post-captivity labors as a challenge to nineteenth-century extractive economies of bondage. Studying the (semi)autobiographies, public and private correspondence, journal entries, and newspaper advertisements related to Harriet Jacobs and Harriet Wilson not only makes legible their disabled lives, but also provides a complex understanding of the interrelation between labor, disability, capacity, and resistance.
This chapter deals with public health and pandemic preparedness. It recognises the five stages of a new pandemic (detection, assessment, treatment, escalation and recovery). The chapter also deals with the issue of laboratory preparedness and the need to maintain a critical mass of laboratory and skilled staff expertise at all times in order to be able to respond rapidly and effectively to a new emerging pandemic.
In Australia, the intentional teaching of social and emotional competencies and the implementation of social and emotional learning (SEL) programs have increasingly engaged early childhood educators over the last decade. Disruptions to normal routines from fires, floods and the COVID−19 pandemic have heightened the need to support children, families and educators, and have made SEL an essential part of curricula (Cahill et al., 2020). This chapter establishes the broad rationale and key concepts associated with SEL, and also details recommended approaches and evidence-based practices relevant to teaching for SEL. It also considers the crucial role that educators play in supporting young children during troublesome times.